Kingdom considers uniform Juvenile trial standards

THE HAGUE--Young people aged 16 and 17 can still be tried in public court hearings on Curaçao, Aruba, and Sint Maarten, as well as on Bonaire, St. Eustatius, and Saba. This differs from current practice in the European Netherlands, where juvenile hearings are held behind closed doors. As a result, the Dutch government is now considering a more uniform approach to juvenile justice across the Kingdom.

Dutch State Secretary for Legal Protection, Teun Struycken (NSC), has confirmed that research is underway to assess how this discrepancy affects Bonaire, St. Eustatius, and Saba. He also stated that following the research, he does not rule out discussions with the Ministers of Justice of the CAS islands to work toward a standardized practice within the Kingdom.

This comes in response to recent parliamentary questions raised by MP Don Ceder (ChristenUnie), who highlighted the differences in how juvenile criminal cases are handled in the Caribbean versus the Netherlands.

In the Netherlands, all criminal hearings involving minors under the age of 18 are conducted behind closed doors to protect the identity and privacy of the young person involved. However, on the islands, public access to court hearings is permitted for defendants aged 16 and older. This policy is rooted in the Code of Criminal Procedure of the former Netherlands Antilles, and was maintained following the 2010 constitutional reforms. While the Netherlands diverged from this approach, the Caribbean territories opted to retain it.

The current framework is influenced by the recommendations of the Anneveldt Commission, established in 1979 to advise on reforms to Dutch juvenile criminal law. The Commission found that closed sessions were appropriate for minors under 16 to protect their development and family life but also noted that public hearings for those aged 16 to 18 could improve judicial transparency and public oversight. While the Netherlands chose not to adopt this recommendation, it was implemented in the Caribbean part of the Kingdom.

Curacao, Aruba and St. Maarten are responsible for their own legislation and currently maintain the same minimum age for public court hearings as Bonaire, Sint Eustatius, and Saba, 16 years. However, recent proposals to amend the Code of Criminal Procedure on Curacao, Aruba and St. Maarten now explicitly state that court hearings involving young people, even when public in principle, may be held fully or partially behind closed doors. These legislative proposals are at various stages of adoption, ratification, and implementation.

This ongoing legal evolution raises the question of whether the Kingdom should adopt a uniform juvenile justice standard that balances transparency with child protection, a debate that may soon involve all four countries of the Kingdom.

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