WILLEMSTAD – A proposed amendment to Curaçao’s Criminal Code is facing growing resistance in Curaçao Parliament, as both opposition and coalition members raise concerns about the introduction of financial conditions tied to conditional release.
The draft law seeks to modify rules surrounding conditional release, including the possibility of requiring a form of financial guarantee before a detainee can be released. Critics argue that such a measure risks creating inequality within the justice system, where access to freedom could depend partly on a person’s financial means.
MAN-PIN Member of Curaçao Parliament Suzanne Camelia-Römer has been among the most vocal opponents of the proposal. She warned that the measure could lead to legal inequality and grant excessive discretionary power to the Minister of Justice. In response, she submitted an amendment aimed at limiting the scope of the provision and ensuring clearer safeguards.
The criticism is no longer limited to the opposition. Members within the governing coalition have also expressed reservations, emphasizing that decisions on conditional release should remain based on a detainee’s behavior, rehabilitation progress, and readiness to reintegrate into society.
Minister of Justice Shalten Hato has acknowledged that the proposal contains ambiguities and indicated that he is open to adjustments. He confirmed that he will review the amendment submitted by the opposition, signaling that the legislation may still be revised before final approval.
The debate has highlighted a fundamental legal distinction. While financial guarantees are commonly used in pre-trial detention to reduce flight risk, conditional release is intended to support reintegration and behavioral improvement. Critics argue that mixing these concepts could undermine the purpose of the justice system.
The discussion has evolved into a broader debate about equality before the law and the balance of power between the judiciary and the executive in decisions affecting personal freedom.