STRASBOURG – The European Court of Human Rights (ECHR) has ruled that Curaçao violated the human rights of seven Venezuelan detainees, ordering the Kingdom of the Netherlands to pay compensation ranging from €1,625 to €5,000 per person.
The case stems from a 2019 incident in which the Venezuelans fled their country by boat and were intercepted by the Coast Guard near Curaçao. After being handed over to local authorities, three were placed in prison while four were held in immigration detention facilities.
Two months later, unrest broke out in the detention barracks. Guards responded by firing rubber bullets at detainees. The seven Venezuelans subsequently filed a complaint, arguing that they had been subjected to inhumane treatment, in violation of the European Convention on Human Rights.
The court found that Curaçao authorities failed to demonstrate that the use of force was justified. It also criticized the lack of an independent investigation into the incident, noting that the inquiry was conducted by prison staff who were themselves implicated in the events.
Additionally, the ECHR ruled that the detainees were denied access to legal assistance during the first week of their detention, further breaching their rights.
As Curaçao is part of the Kingdom of the Netherlands, it falls under the jurisdiction of the Strasbourg-based court. The ruling obliges the Kingdom to pay €5,000 each to the four detainees who were shot with rubber bullets, while the remaining three will receive €1,625 each.
The judgment adds to longstanding concerns raised by international refugee organizations about the treatment of Venezuelan migrants on the island. The Dutch government has consistently maintained that immigration policy and detention practices are the responsibility of the autonomous country of Curaçao.
The compensation will be paid by the Netherlands, which may then seek reimbursement from the Curaçao government.
The case also recalls a similar ruling in 2018, when the ECHR found the Kingdom in violation over detention conditions in Sint Maarten, underscoring ongoing scrutiny of human rights practices within the Caribbean parts of the Kingdom.