WILLEMSTAD – The Court of Appeal has criticized the leadership of the Curaçao Police Force (KPC) for failing to ensure that police officers receive regular and adequate training in the use of their service weapons.
The issue came to light during the criminal case against three officers who fired at a fleeing vehicle during a police pursuit in Hanenberg in 2021. The court ruled that the officers were authorized to use their weapons while attempting to arrest suspects linked to an armed robbery, but that the way the weapons were used was not proportional.
The incident resulted in the death of 18-year-old Z. Nicasia, who was struck from behind. Two other occupants of the vehicle were unharmed.
According to the court, two KPC officers and a member of the Curaçao Volunteer Corps fired thirteen shots at the fleeing vehicle. Eight bullets struck the car, including the trunk and rear window.
The court determined that the officers should have fired fewer shots and aimed at the lower part of the vehicle or the tires instead of shooting toward the occupants.
By continuing to fire in that manner, the officers knowingly accepted the significant risk that someone could be killed. The three were therefore convicted of jointly committing manslaughter and two attempted manslaughter charges.
Responsibility of police command
The court emphasized that police officers often have to make decisions within seconds during dangerous situations and under extreme pressure. Precisely for that reason, regular and proper training is essential.
The leadership of the police force has a legal responsibility to ensure that officers receive guidance, resources and supervision to maintain their skills.
According to the court, the KPC failed in that responsibility. However, the judges also noted that individual officers have their own obligation to maintain their knowledge and firearms skills, as required under police regulations.
The court stated that proper training protects not only officers themselves, but also citizens who come into contact with police actions.