WILLEMSTAD - The Minister of Justice, Shalten Hato, has expressed a firm stance that capacity challenges within the Public Prosecution Service (OM) should not serve as a justification for avoiding criminal investigations, particularly in the case of Ennia.
Hato emphasizes that the initial step following the filing of a report is to determine whether an investigation should be pursued. He underscores that the decision in this matter lies within the purview of the OM, as it functions as an autonomous authority, and the minister does not influence this decision.
"The minister is not involved in this process. It's also possible that a decision regarding a criminal investigation is pending the outcome of a civil case. However, in this instance, a civil decision was already reached in 2021," Hato concedes. He further recognizes that comprehensive research has already been conducted in the civil case, involving experts, while acknowledging a scarcity of qualified personnel with specific expertise across the Kingdom. "The Central Bank of Curaçao and Sint Maarten (CBCS) unequivocally did not submit a superficial complaint; it was meticulously substantiated," adds Hato.
Moreover, the minister asserts, "The perceived capacity shortage should not deter an investigation in a case of such societal significance."
Hato elaborates, "Efforts are currently underway to address staffing vacancies in key professions, including within the Curaçao Police Force (KPC). In cases where capacity may be lacking, the Research Cooperation Team (RST) remains an available resource. If further support is required, collaboration with other islands or the Netherlands, as witnessed in the Helmin Wiels case, can be explored. Thus, it remains perplexing to me that capacity issues are cited as a rationale for refraining from investigations. Once the decision to initiate an investigation is made, the requisite capacity for the specific case can be assessed, and assistance can be solicited. It's also a matter of prioritization. A formal request for assistance can be submitted, and, to date, such a request has not been made, in alignment with agreements established within the Judicial Four-Country Consultation (JVO)."