THE HAGUE – The Dutch government has acknowledged that forensic psychiatric treatment facilities in the Caribbean part of the Kingdom of the Netherlands are insufficient, creating risks for public safety and raising concerns about the treatment and rehabilitation of offenders with serious psychiatric disorders.
Dutch State Secretary for Justice and Security Claudia van Bruggen made the admission in written answers to questions submitted by Dutch Senator Walenkamp.
The acknowledgment highlights longstanding concerns about the ability of Curaçao, Aruba and the other Caribbean islands to provide appropriate psychiatric treatment for individuals who have committed serious criminal offenses and require specialized care.
Although treatment options exist in parts of the Caribbean Kingdom, Van Bruggen acknowledged that the available facilities do not adequately meet existing needs.
"The current provision is insufficient, and this indeed entails undesirable risks," the State Secretary stated in her response.
The issue concerns forensic psychiatric care, which combines mental health treatment with judicial supervision and public safety measures. Such treatment can be necessary for offenders whose psychiatric conditions are relevant to their criminal behavior and who require specialized intervention.
In the European Netherlands, courts can impose a measure known as terbeschikkingstelling, or TBS, which allows offenders to receive psychiatric treatment under judicial supervision. Depending on the circumstances, this may involve compulsory treatment in a secure forensic psychiatric institution.
Van Bruggen confirmed that the criminal legislation of Curaçao and Aruba permits courts to impose TBS measures and that these measures are used in practice.
However, she acknowledged that implementing such measures presents considerable challenges because of limitations in the available treatment facilities.
The situation differs in Sint Maarten, where existing legislation does not permit courts to impose TBS.
In Bonaire, Sint Eustatius and Saba, collectively known as the Caribbean Netherlands, legislation introducing TBS was adopted and published in 2010 but has never entered into force.
According to Van Bruggen, implementation was postponed because the necessary facilities were not sufficiently developed to execute the measure responsibly.
This means that the legal framework and treatment possibilities differ significantly among the six Caribbean islands of the Kingdom.
The State Secretary emphasized that forensic treatment is already available to some detainees through the forensic care department of the Correctional Institution Caribbean Netherlands (JICN) on Bonaire.
Nevertheless, she acknowledged that existing treatment options across the Caribbean remain inadequate.
The concerns extend beyond the availability of medical services. They also involve the protection of society, the rehabilitation of offenders and the ability of the justice system to respond appropriately to individuals with serious psychiatric conditions.
Senator Walenkamp raised concerns that offenders with severe psychiatric disorders could complete prison sentences without receiving sufficient treatment, potentially increasing the risk of further offenses after their release.
The senator also questioned whether courts sometimes impose alternative sentences because adequate secure treatment facilities are unavailable.
Van Bruggen did not confirm that this has occurred, emphasizing that sentencing decisions are the responsibility of judges.
The State Secretary was also unable to provide comprehensive figures showing how many offenders in Curaçao, Aruba or Sint Maarten are awaiting specialized forensic psychiatric treatment.
She explained that responsibility for the criminal justice systems of the autonomous Caribbean countries rests with their respective governments.
The lack of comprehensive figures makes it difficult to determine the precise scale of unmet treatment needs throughout the Caribbean part of the Kingdom.
Van Bruggen said the Dutch government considers improvements to forensic psychiatric care essential and is cooperating with the Caribbean countries through a multiyear program focused on forensic treatment, TBS and juvenile psychiatric measures.
The program is intended to improve treatment capacity, strengthen professional expertise and develop arrangements suited to the circumstances of the Caribbean region.
However, the State Secretary acknowledged that establishing a fully equipped, high-security TBS institution comparable to those operating in the European Netherlands is probably not feasible because of the relatively small populations of the Caribbean islands.
Instead, authorities are examining alternative arrangements that could provide appropriate treatment while taking account of the region's limited scale and resources.
The admission places renewed attention on the responsibilities of Curaçao's government to ensure that individuals requiring forensic psychiatric treatment have access to appropriate facilities.
It also raises questions about how the Kingdom's countries can cooperate to address a problem that affects both the administration of justice and the protection of the public.