“Judges should stay out of supervisory committee”POSTED: 10/22/15 11:49 AM
Merx objects to structure national security service
St. Maarten – Questions about the Trias Politica surfaced first after Governor Drs. Eugène Holiday decided to ask a panel of three judges to present a clear opinion about articles 33, 40 and 59 of the constitution. Attorney Cor Merx pointed out earlier this week how bringing members of the judicial into the constitutional field is highly undesirable. Now Merx has found another undesirable situation along the same lines on the supervisory committee of the VDSM, the national security service.
Article 51 of the national ordinance that regulates the VDSM states that the chair of this committee is a member of the Common Court of Justice, nominated by the president of this court.
Merx is the attorney of airport director Regina Labega. She has been sub mitted to a security screening and currently Merx has filed an appeal against the findings in this screening report.
“That appeal goes to the Prime Minister and from him to the supervisory committee,” Merx says. “But when my appeal is dismissed I have the option to go to court to appeal that decision. Then I am confronted with members of the Common Court of Justice. These judges are my last straw at a moment when these so-called security investigations are so vaguely formulated.”
The first hurdle is however already the supervisory committee. “In that committee there is a chair nominated by the Common Court. Those judges have to stay away from these functions. In the end, you go with your appeals to the devil.”
Merx noted that citizens are basically defenseless against reports from the security service, because the VDSM is by law permitted to keep the sources where it obtains its information confidential.