HAGUE – The Dutch government has so far refused all requests from Aruba and Curaçao to transfer convicted criminals to the Netherlands to undergo forensic psychiatric treatment, known as TBS. This information was revealed today by the State Secretary for Relations with the Kingdom, Zsolt Szabó, in a letter addressed to the House of Representatives.

In the Caribbean territories of the Kingdom of the Netherlands, facilities for performing TBS treatments are non-existent. Although it is not legally possible to impose a TBS measure in the Caribbean Netherlands and Sint Maarten, Aruba and Curaçao have the legal framework to impose TBS. However, they lack the resources to provide the required level of care.

From 2022, it is possible for these Caribbean countries to request the transfer of convicted persons to the Netherlands to ensure that they receive treatment deemed essential by the courts. Since then, three applications have been submitted, but all have been rejected. The reasons behind these refusals were not addressed by Szabó in his correspondence to Parliament.

Excerpts from Secretary of State Szabó’s Letter to Parliament

Szabó stated that the autonomous countries of the Kingdom bear their own responsibility for the execution of sentences and other judicial measures, including TBS. While Aruba and Curaçao can request assistance from the Netherlands, certain limitations apply. TBS measures cannot yet be legally implemented in Bonaire, Saba, Sint Eustatius or Sint Maarten, thus no requests were issued from those areas. However, in Aruba and Curaçao, where the TBS measure can be applied, the facilities to implement the measure are lacking, prompting requests for assistance from the Netherlands.

Since the option to request assistance was introduced, the Netherlands has received three requests from Aruba and Curaçao until 2023, all of which have been refused. According to Szabó, the countries of the Kingdom are working diligently to improve forensic care in the Caribbean parts of the Kingdom. In June, the Quadripartite Judicial Consultation (JVO) approved a multi-year program to strengthen medico-legal care and treatment, with a special focus on the execution of TBS measures.

A detailed proposal for this program is expected to be submitted to the JVO in January 2025. All countries of the Kingdom, including Curaçao, Aruba, Sint Maarten, Bonaire, Sint Eustatius and Saba, will participate in this initiative through the newly established Kingdom. JVO Working Group Dedicated to Improving Forensic Care. Representing the Netherlands, the Minister of Justice and Security will be involved in these discussions, with the Secretary of State for Justice and Security overseeing TBS matters.

Szabó concluded by stressing that the development and implementation of this forensic care program will take time due to its complexity. The House of Representatives will be informed of all relevant discussions and decisions taken during future JVO meetings.