WILLEMSTAD – The Council of Advice (RvA) has issued a critical opinion on June 2 regarding the draft initiative for the “National Ordinance on the Prosecution of Political Officeholders.” The proposed law seeks to establish a special procedure for the criminal prosecution of ministers and members of parliament (Staten), allowing prosecution only with an order from the Joint Court of Justice upon request by the Attorney General. 

According to the bill’s initiator, Anthony Godett (KEM), the measure is intended to ensure that decisions to prosecute political figures are made with due care, and to prevent criminal law from being used as a political weapon. 

Concerns Raised 

The Council, however, raised several concerns about the necessity and effectiveness of the proposal. The RvA pointed out that the explanatory memorandum fails to provide concrete examples where the Public Prosecution Service has acted lightly or with political motives in initiating prosecution. Without such justification, the Council argues, it is difficult to defend restricting the prosecution monopoly and discretionary powers traditionally held by the Public Prosecution Service. 

Additionally, the Council criticized the bill for not taking into account the new Criminal Procedure Code of Curaçao (WvSvCur), which was approved by Parliament on February 25 but has yet to take effect. The RvA advises that the draft ordinance be revised and aligned with this new legal framework to ensure legal certainty and compliance with the principle of legality. 

In conclusion, the Council stated that the current version of the proposed ordinance lacks sufficient legal grounding and recommended reconsideration and revision in line with upcoming legislation.