Blind for a reason
Curaçao Justice Minister Shalten Hato wants tougher sentences (see related story) for crimes against visitors. He reasons that these are detrimental to the island’s tourism economy.
The minister may know that similar decision action was taken in St. Maarten. It was one of Parliament’s decisions that the Ombudsman submitted to the Constitutional Court for review in 2013.
The latter found there was a reasonable objective for more severe sentencing when the victim is a tourist, as it remains important to protect those who visit the island, taking into consideration the income they bring. This was seen as an appropriate means to achieve that goal, but the court stressed that this legislation applied only to an offence of simple theft and did not refer to offences such as robbery and burglary.
However, some residents still had reservations, as it “de facto” meant a crime against them was less punishable than when targetting guests. There was talk of “second-class citizens in your own country” and some even went as far as to suggest their lives are not worth as much.
The question was raised whether the law and its enforcement should not apply to all equally, including victims. “Lady Justice is blind for a reason,” featured among the comments.
To be sure, this regards minimum sentences, so judges can always go higher in practice when circumstances require such. It’s therefore a largely theoretical discussion, but nevertheless an interesting one.
