WILLEMSTAD – The European Court of Human Rights has ruled that immigration detention in Curaçao is lawful in principle, but found that its implementation in 2019 violated human rights standards. The Court awarded only partial compensation to the applicants, rejecting part of their claims.
In its judgment of April 21, 2026 (case no. 001-249693), the Court made a clear distinction between the legal basis for detention and how it was carried out in practice. While it confirmed that detention was grounded in law and forms part of permissible migration policy, it concluded that Curaçao failed to meet certain standards related to human dignity, legal protection, and treatment of detainees.
The Court found no standalone violation of Article 5 of the European Convention on Human Rights, which guarantees the right to liberty and security, as the detention had a legal basis. However, it ruled that Curaçao violated Article 3, which prohibits inhuman or degrading treatment, and Article 13, which guarantees the right to an effective remedy. These violations related to detention conditions and the limited ability of detainees to effectively challenge their situation.
The applicants had each requested €5,000 in compensation, without distinguishing between material and non-material damages. The Court rejected claims for material damages entirely and awarded only partial compensation for non-material harm. Four applicants were granted €5,000 each due to multiple violations, while three others received €1,625 each for a more limited breach of their rights.
The ruling emphasizes that the issue lies not with the existence of Curaçao’s immigration policy itself, but with the quality of its implementation and the safeguards in place to protect detainees.
Authorities in Curaçao stated that efforts to address these shortcomings have been underway since 2019. That year marked the launch of the “Optimization of the Migration Chain” program, aimed at strengthening policy, execution, and inter-agency cooperation, particularly in response to increased migration pressure in the region.
Between 2019 and 2025, several measures have been implemented, including the construction of a new detention facility, enhanced staff training on human rights and the application of Article 3, and the introduction of a hostmanship program focused on respectful and humane treatment.
Additional steps have been taken to improve legal protections, such as refining procedures, expanding access to legal expertise, and making information more accessible through digitalization and translation of documents.
Despite challenges such as the COVID-19 pandemic and ongoing migration pressures, authorities say consistent progress has been made toward aligning practices with international standards.
Curaçao views the ruling as confirmation that its current course—aimed at a lawful and humane immigration policy—is the right one. Officials indicated that reforms will continue, with the goal of ensuring that detention only occurs within a system that fully respects human dignity, due process, and effective legal protection.