WILLEMSTAD – The Curaçao government has been ordered to pay nearly XCG 3.5 million in outstanding bills to the Capriles psychiatric clinic. The Court of First Instance ruled that the government is responsible for the unpaid costs, most of which relate to compulsory psychiatric treatment of people placed under court supervision because of addiction.
Capriles took the government to court after invoices covering the period from June 2020 through May 2026 remained unpaid. The outstanding amount totaled XCG 3,493,798, although the majority of invoices submitted during that period had previously been paid.
According to the clinic, the payment delays have begun to seriously affect its operations. Capriles told the court that the Ministry of Justice made its last payment in January, contributing to a seven-month backlog in pension premium payments.
The clinic has also asked the Tax Collector for temporary relief from paying wage taxes and has accumulated outstanding debts with suppliers of medication and food.
More than XCG 2.6 million of the disputed amount concerns psychiatric care for people who were placed under court supervision because of addiction and subsequently admitted for compulsory treatment.
Another XCG 527,000 relates to treatment provided following other court orders, while approximately XCG 334,000 concerns compulsory psychiatric admissions under Curaçao's legislation governing the treatment of psychiatric patients.
The government primarily disputed responsibility for the more than XCG 2.6 million related to addiction cases. It argued that these costs should be covered by the Social Insurance Bank (SVB) rather than by the Country of Curaçao.
The court rejected that argument.
A nearly identical dispute was brought before the court in 2020, when Curaçao was also ordered to pay the costs. According to the judge, no new circumstances have emerged since then that would justify reaching a different conclusion. There was also no written position from the SVB confirming that it was prepared to cover the expenses.
The court further ruled that it cannot automatically be assumed that Curaçao's basic health insurance covers the costs associated with compulsory admissions.
When there is uncertainty over who is ultimately responsible for payment, the law requires the Country of Curaçao to advance the costs of care and treatment. The government can subsequently attempt to recover those expenses from another responsible party if the legal requirements for doing so are met.
The court therefore granted Capriles' claim and ordered Curaçao to pay XCG 3.5 million. The government must also cover the legal costs of the proceedings. Capriles' request for statutory interest was denied.
The judgment was declared provisionally enforceable, meaning Capriles does not have to wait for the conclusion of a possible appeal before seeking payment.