THE HAGUE – A proposed Kingdom law aimed at formalizing extradition procedures for Aruba, Curaçao and Sint Maarten is facing growing criticism, particularly from the Orde van Advocaten van Curaçao.
The draft law largely maintains the existing structure: the Gemeenschappelijk Hof van Justitie determines whether extradition is legally permissible, after which the governor makes the final decision.
It is precisely this division of responsibilities that has drawn sharp criticism. The Curaçao Bar Association questions whether the current setup still fits within modern democratic and rule-of-law standards.
According to the lawyers’ organization, the governor’s decision-making role—rooted in historical governance structures—raises concerns about accountability. Unlike in the Netherlands, where the Minister of Justice is politically responsible and answerable to Parliament, the governor does not have the same level of direct political oversight.
The Bar Association also points to potential conflicts of interest. In its view, the governor relies heavily on information provided by the Public Prosecution Service, which may blur the line between advisory and decision-making roles. This, they argue, could undermine the independence required in extradition decisions.
Further concerns have been raised about the legal protection of individuals facing extradition. Lawyers warn that the ability to effectively challenge decisions may be limited in practice, while the governor’s discretionary powers are seen as too broad and insufficiently defined.
In addition, the Bar Association highlights that extradition can be requested for offenses carrying a minimum sentence of just one year, raising questions about proportionality. There are also concerns about how rigorously human rights are assessed, particularly in accelerated procedures where defense preparation time may be restricted.
The criticism adds to an ongoing debate about the balance between efficiency in international legal cooperation and the protection of fundamental rights within the Kingdom’s legal framework.