While Aruba awaits the final decision of the Court of Cassation on April 14, we have already been able to read in the opinion of Advocate General (AG) Paridaens from the Netherlands, where he provides a clear view of the reality of the Avestruz case and in his final advice to the Supreme Court emphasizes that the sentence of 48 months (4 years) in prison against former minister Benny Sevinger should remain in force.
The AVP wants the people to “eat and forget,” but the AG confirms that these actions represent a direct blow to the well-being of our country.
This is what the people must remember
- Defrauding the Country of Aruba to Benefit “Friends”
The former minister was convicted of defrauding our own country. The “modus operandi” was structural:
- Cronyism through a “Fast Track”: He gave immediate approval to land requests from his friends, bypassing legal procedures and ignoring advice from technical experts.
- Millions into private pockets: These friends obtained land through shell companies and, without developing anything, sold the shares (the papers) for millions of florins to foreign investors. These million-dollar profits should have gone into the government treasury to build schools, construct social housing, or repair and asphalt roads, but instead went directly into the pockets of these “friends.”
- Social injustice: While thousands of Aruban families remained on waiting lists for many years for a piece of land, the former minister used his power to facilitate these private deals.
- Bribery and Under-the-Table Gifts
The court declared it proven that the former minister accepted personal bribes from the same individuals he was helping with land allocations:
- Construction materials: More than Afl. 36,000 for his private home in Paradijs.
- Professional gym equipment: Valued at Afl. 8,000.
- Free services: Maintenance work on his home without paying for it.
- Embezzlement for Private Travel
The Advocate General confirmed the conviction for misuse of funds from a foundation. It was proven that funds intended for social purposes were used to pay for private travel for his household.
- Exemplary Punishment: 6 Years Outside Politics
The Advocate General’s recommendation is to maintain the heavy penalties:
- 4 years in prison
- 6 years banned from serving as a civil servant
- 6 years without the right to be elected (passive voting rights)
This means he cannot represent the people in Parliament or Government during that period.
Conclusion
The Avestruz case is not a “persecution.” It is a case in which it was demonstrated that the interests of a small group and personal interests were placed above the interests of the Country of Aruba. The defense tried to argue that a Minister “is the Country” and therefore cannot defraud himself, but the Advocate General categorically rejected this argument: the Country of Aruba is the victim.
The balance must always favor the people and the law, not the million-dollar profits of friends.