In a follow-up inspection carried out between June and October 2025, the Law Enforcement Council (the Council) determined that the implementation of previous recommendations for the Sint Maarten Penitentiary, as well as those from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), remains significantly delayed. The Council inspected the treatment of detainees, social reintegration, and isolation cells. Of the Council’s seven recommendations, only one has been fully implemented, one partially, and five have not been implemented. Of the two CPT recommendations, one has been implemented (the renovation of isolation cells), while the recommendation to introduce a registry for the use of force has not been carried out.
Reintegration and Rehabilitation The Council notes that, over eight years after the previous inspection, progress remains insufficient. This is concerning, as problems within the prison have been known for years.
Persistent shortcomings in reintegration are particularly alarming. Due to a lack of staff and resources, rehabilitation plans and aftercare remain limited. Although educational programs exist, there is a lack of a structural and coherent approach. According to the Council, this increases the risk of recidivism and hinders the successful reintegration of inmates.
The Council views the construction of a new prison as a positive step and expects actual improvements to follow.
Solitary Confinement Cells The inspection assessed solitary confinement cells in the prison and the isolation room at the Mental Health Foundation. The Council notes that the designated cells comply with CPT standards, but observes that in practice they are regularly used for capacity and security reasons rather than their intended purpose. Regarding the Mental Health Foundation, the Council notes that the isolation room is used sparingly, complies with international standards, and is in good condition.
Ministry Oversight The Council calls for the prompt implementation of all pending recommendations. Sustained administrative attention is required to improve safety, legal protection, and reintegration prospects for detainees in Sint Maarten.
State of Law Enforcement 2025 In its May 2026 report, the Council takes a broader perspective on the fundamental importance of human rights within the prison system. The Council reiterated its concerns regarding the still-prevalent, highly vulnerable detention conditions. Furthermore, the Council highlighted the fruitful cooperation between Sint Maarten, the Netherlands, and UNOPS regarding positive developments in 2025 and 2026.
Tur Cos Ta Posibel A positive development highlighted is the reintegration program Tur Cos Ta Posibel, which provides volunteer-based non-formal education for inmates. The Council is pleased to report that this pilot program has been officially launched and is well received, though it stresses the importance of its structural implementation.