Dear Editor,
It is about time we put an end to the ongoing atrocities in our country, and most importantly, actions undertaken against our political leaders!
We have all taken note last week of the most recent proof of abuse of power, lack of any basic level of compassion, and what can be considered as a serious violation of basic human rights committed by the judicial authorities in Sint Maarten against our political leader Theo Heyliger.
It appears, from the publication in The Daily Herald of June 17, 2019, that the detained political leader was being denied access to urgent medical care in the USA. According to the article mentioned: “Theodore Heyliger is said to be blocked from leaving the country to get treatment for his stage one kidney cancer” and reports reaching us from Curaçao indicated that said passport was reported stolen, hindering from getting his visa for travel. It is at this early stage when medical care is most important and not when it has already reached stage 3 or 4 if a life needs to be saved.
Let me be clear before going any further!
By no means should this publication by me be seen and considered as a means to downplay or mitigate any wrongdoings, committed – if proven – by any person, and that includes any member of our party and this applies to our political leader, who has been persecuted and prosecuted already for months now. No one, including prosecutors, should be considered “above the law”! But everyone is innocent until proven guilty.
Furthermore, the quintessence of our observations, as dealt with in this publication, apply generally for everyone, guilty or not, since it relates to the basic human rights that do not discriminate between these two categories.
It is interesting to outline how these basic rights are protected in Europe:
European Court Of Human Rights, Kotsaftis v. Greece,12 June 2008: The applicant, who was suffering from cirrhosis of the liver caused by chronic hepatitis B, complained about the conditions of his detention on account, in particular, of the lack of treatment appropriate to his state of health. In March 2007, under Rule 39 (interim measures) of the Rules of Court, the Court requested Greece to order the transfer of the applicant to a specialized medical center so that he could undergo all the necessary tests and remain in hospital until his doctors considered that he could return to prison without his life being endangered.
The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, finding that, during the period between 9 June 2006 and 15 March 2007, the Greek authorities had not fulfilled their obligation to safeguard the applicant’s physical integrity, in particular by providing him with the appropriate medical care.
The Court noted in particular that, during that period, contrary to the findings of the expert reports drawn up, the applicant had been kept in detention without being given a special diet or treatment with the appropriate drugs, and had not undergone tests in a specialist medical center. Moreover, an operation scheduled for a particular date had not been performed until one year later.
The Court also deplored the fact that the applicant, who was suffering from a serious and highly infectious disease, had been detained along with 10 other prisoners in a cell measuring 24 square meters.
Lastly, despite the fact that the competent authorities had been informed that he was suffering from cirrhosis and that his condition necessitated appropriate treatment, it was not until measures had been indicated by the Court that the applicant began to receive regular check-ups.
Note: Just one out of numerous examples put before the court and related to prisoners’ health-related rights
Regarding Mr. Heyliger’s life-threatening situation that might lead to his early death, apparently deliberately obstructing his possibility to undergo adequate advance medical treatment by a reputable medical institution of his choice in the USA, or wherever else for that matter, can be considered not only as a despicable act by those in charge but as a serious deliberate violation and breach of Theo’s basic human rights.
It is therefore that we have taken upon us to report this serious violation and atrocities and file an official complaint to the relevant international institutions, such as:
* European Convention of Human Rights, Strasbourg
* European Court of Human Rights, Strasbourg
* European Institution Office of Amnesty International, Brussels
* Grand Chamber of the European Court of Human Rights, Oxford
* Human Rights Watch Foundation, the Netherlands, The Hague
* Human Rights Watch, headquarters, in New York City
* Liberty Privacy International, London
* Office of the United Nations High Commissioner for Human Rights (OHCHR), Geneva
We will therefore not rest until true justice is served in this matter and immediate action is undertaken by the relevant judicial and other authorities to ensure that Mr. Heyliger’s basic human rights are respected and met, and he travels abroad without interruption and false alarms of lost passports to undergo the medical treatment necessary to enhance his life expectancy!
We will otherwise hold accountable any institution that acts otherwise, and which continues to obstruct the rehabilitation of Mr. Theodore Heyliger. God forbid should any harm occur to our leader!
Josianne Fleming Artsen
