Dutch Government admits forensic psychiatric care risks after St. Maarten Warnings

GREAT BAY--Months after St. Maarten's Law Enforcement Council warned that inadequate forensic psychiatric care posed risks to public safety and human rights, the Dutch government has acknowledged that treatment facilities throughout the Caribbean part of the Kingdom remain insufficient, while confirming that St. Maarten's legislation does not currently allow judges to impose a court-ordered psychiatric treatment measure known as TBS.

TBS (Terbeschikkingstelling) is a Dutch court-ordered psychiatric treatment and security measure for certain offenders with serious mental disorders, aimed at rehabilitation and protecting the public from repeat offences.

The acknowledgment, made by Dutch State Secretary for Justice and Security Claudia van Bruggen in written responses to the Dutch Parliament on October 16, 2026, comes despite a Kingdom-wide initiative agreed upon in 2024 to improve forensic psychiatric treatment, detention-related care and rehabilitation services across the Caribbean.

It also follows concerns raised earlier this year by St. Maarten Member of Parliament Sjamira Roseburg, who called for stronger Kingdom cooperation in addressing the lack of specialized psychiatric treatment facilities and warned against waiting until problems become emergencies before taking action.

Van Bruggen confirmed that while some forensic psychiatric treatment services are available in the Caribbean, the overall capacity remains inadequate and creates undesirable risks. She also acknowledged that establishing a fully equipped TBS institution similar to those operating in the European Netherlands would probably not be feasible because of the relatively small populations of the Caribbean islands.

The latest admission places renewed attention on longstanding concerns in St. Maarten about how the criminal justice system handles individuals with serious psychiatric disorders who require specialized treatment, supervision and rehabilitation.

Warnings Already Raised in St. Maarten

In May 2026, The People's Tribune reported that the Law Enforcement Council, in its State of Law Enforcement St. Maarten 2025 report, had identified significant shortcomings in the country's forensic care system.

The Council emphasized that proper treatment and supervision of individuals with psychiatric or behavioral disorders who come into contact with the criminal justice system are essential for both rehabilitation and public safety.

It noted that although a Kingdom-wide multiyear program covering forensic care, TBS and youth placement measures was being developed, implementation remained at an early stage and concrete improvements were not yet visible.

The Council called on the responsible ministers to take short-term measures to establish suitable forensic care capacity rather than allowing the situation to continue without practical solutions.

The warning formed part of a broader assessment of weaknesses within St. Maarten's justice system, including inadequate detention conditions, delayed legal reforms and persistent difficulties implementing recommendations intended to strengthen public safety and protect human rights.

The Council's findings demonstrated that the forensic treatment problem was not simply a regional concern but an issue already identified within St. Maarten's own criminal justice system.

MP Roseburg Also Raised TBS Concerns

The issue returned to the forefront during the Interparliamentary Kingdom Consultation (IPKO) in the Netherlands on June 6, 2026, when MP Sjamira Roseburg addressed the need for earlier and more effective cooperation among the countries of the Kingdom.

During a panel discussion on Kingdom cooperation, Roseburg specifically raised the challenges surrounding TBS and the difficulties smaller Caribbean countries face in providing specialized psychiatric treatment for offenders.

She argued that although criminal law is generally a responsibility of the individual countries, human rights obligations under the European Convention on Human Rights can make these matters a concern for the Kingdom as a whole.

Roseburg referred to the Murray case, in which the European Court of Human Rights ruled against the Netherlands in 2016 because a prisoner serving a life sentence had not received adequate psychiatric treatment or a meaningful opportunity for rehabilitation.

She questioned the practice of waiting until a situation has deteriorated before seeking Kingdom assistance, emphasizing that the countries should cooperate earlier when addressing complex justice matters.

Roseburg also referred to a case in Aruba involving a young man who had to wait many years, highlighting the consequences that lengthy delays in addressing treatment needs can have for individuals and communities.

Her intervention emphasized that smaller islands cannot realistically be expected to establish and maintain all specialized facilities independently, particularly institutions requiring extensive psychiatric expertise, security arrangements and long-term treatment capacity.

St. Maarten Cannot Impose TBS Under Current Law

One of the most significant confirmations in the Dutch government's latest responses concerns the legal situation in St. Maarten.

Van Bruggen stated that judges in St. Maarten cannot impose a TBS measure under the legislation currently in force.

TBS is a Dutch criminal justice measure that allows courts, under specific conditions, to order psychiatric treatment and security measures for certain offenders whose mental disorders are connected to serious criminal conduct. The system is intended to address underlying psychiatric conditions while reducing the likelihood of further offences.

The situation in St. Maarten differs from Aruba and Curaçao, where judges have the legal authority to impose TBS measures and do so in practice, although both countries face difficulties providing the facilities and services necessary to implement those orders.

In Bonaire, St. Eustatius and Saba, legislation allowing the introduction of TBS was adopted in 2010 but has never entered into force because the necessary treatment facilities were not sufficiently developed.

The Dutch government's confirmation raises questions about what treatment options are available in St. Maarten for offenders with serious psychiatric disorders and whether existing legal measures and facilities are adequate to address cases requiring intensive treatment and supervision.

The government has not provided figures establishing how many individuals in St. Maarten may require specialized forensic psychiatric treatment or how many cases could potentially qualify for a TBS measure if such a provision were available.

Kingdom Program Agreed Upon in 2024

The current concerns arise despite earlier commitments to improve forensic care throughout the Kingdom.

During the Judicial Four-Party Consultation in June 2024, the Justice Ministers agreed to pursue a multiyear program addressing forensic care, treatment, TBS and youth placement measures.

The program was intended to strengthen cooperation, identify treatment shortages and develop solutions suited to the circumstances of the Caribbean countries.

In February 2026, The People's Tribune reported that then-Dutch Justice Minister Foort van Oosten had acknowledged insufficient treatment facilities throughout the Caribbean part of the Kingdom and confirmed that implementation of the multiyear program was a priority.

At the time, the Netherlands committed to financing an overall program manager and supporting efforts by individual countries to identify and address weaknesses within their treatment systems.

In her October 16 responses, Van Bruggen confirmed that a Kingdom-wide program manager had been appointed in April 2026 and that several steps had been taken, including professional training related to psychiatric and psychological assessments in criminal proceedings.

She said the Netherlands would provide financial resources, expertise and support for the Kingdom-wide program over a period of four to five years.

Individual countries are also expected to establish their own priorities and develop plans addressing their particular treatment needs.

However, the responses do not establish when St. Maarten will have additional forensic treatment capacity, whether legislation permitting TBS will be introduced, or when a comprehensive regional treatment arrangement will become operational.

The government has indicated that the multiyear program remains a standing agenda item at the Judicial Four-Party Consultation, where Justice Ministers from St. Maarten, Aruba, Curaçao and the Netherlands discuss shared challenges and cooperation.

Public Safety and Human Rights Concerns

The shortage of forensic psychiatric treatment presents challenges extending beyond prison management.

Individuals who commit serious offences while experiencing psychiatric disorders may require treatment that conventional detention facilities are not equipped to provide.

Without appropriate treatment and supervision, concerns arise about rehabilitation, the management of psychiatric conditions during detention and the potential risks associated with returning individuals to society.

The issue also involves the legal obligations of governments to ensure that persons deprived of their liberty receive humane treatment and appropriate medical care.

In the 2016 Murray judgment, the European Court of Human Rights found that the failure to provide appropriate treatment and a meaningful prospect of rehabilitation violated Article 3 of the European Convention on Human Rights, which prohibits inhuman or degrading treatment or punishment.

Van Bruggen confirmed that the Kingdom submitted a new action plan to the Committee of Ministers of the Council of Europe on September 30, 2026, outlining measures being taken in response to the ruling.

The Dutch government also acknowledged that inadequate forensic treatment capacity creates risks, although it could not confirm suggestions that judges had imposed alternative sentences in particular cases because suitable TBS treatment facilities were unavailable.

It emphasized that decisions concerning criminal sentences and measures remain the responsibility of the courts.

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