PAR: VDC-law violated several times

WILLEMSTAD - From the leaked report of the IT-operator from the Intelligence Service Curaçao (VDC) it appears that the national regulation Intelligence Service Curaçao has been violated several times in the past period

PAR-leader Emily de Jongh-Elhage wrote this in a letter to Premier Gerrit Schotte (MFK), in which letter the yellow party requests an independent investigation into the incident.In the letter, De Jongh-Elhage states that based on the leaked report there’s a question of violating the own authorities and the guidelines to obtain information but also with providing information to third parties and upholding the obligation of secrecy. From this report, one may deduce that the IT-operator was put under pressure to give information from the VDC to third parties, including Columbian officials and other non-authorized persons. He was supposedly threatened, intimidated and even ‘kidnapped’, according to a report from the Ombudswoman that was drawn up based on the statements from the IT-operator. According to the PAR-leader, the law explicitly states that personnel employed with the VDC do not have any tracking authority. They are not permitted to interrogate people or use their statements in a criminal process. The head of the VDC is to observe the guidelines. The Explanatory Memorandum specifically mentions that ‘the tasks of the Intelligence Service (as opposed to those of the police) never involve threatening with physical or psychological violence’.

That the IT-operator had had to give information under pressure to Columbian officials who refused to identify themselves, also contravenes the law, said De Jongh-Elhage. The law prohibits this. Furthermore, according to his statements, the IT-operator was also kidnapped and forced to sit in a vehicle. He was locked in a hotel room against his will, his mobile telephone had been taken and he was unable to leave the room. De Jongh-Elhage: The worst of it was the fact that the person concerned was threatened several times by the new head of VDC but also by a third person, who refused to identify himself and wasn’t employed with the VDC, to make statements. According to De Jongh-Elhage, this is a violation of the articles 6, 4, 7 and 9, but also of the spirit of the law that regulates the functioning of the VDC.

According to the PAR, from the leaked information it also appears one had violated article 2 of the law, which namely outlines to whom and under which conditions the VDC may give information to third parties. Article 11 of this law further states that information may only be given to third parties through a closed issuing system, in other words the head of department. An official with or without the permission of the head of department cannot provide information to third parties, said

De Jongh-Elhage. The head of department can only give information to third parties with the written approval of both the Premier and the Minister of Justice. According to the PAR, articles 29 and 39 of the national regulation VDC may have been violated as well. These articles regard the secrecy and protection of authorities and persons appearing in VDC-files. According to the PAR, it’s obvious that no country will allow third parties to copy information from Intelligence Service files, like the leaked report from the IT-operator of the VDC.

The PAR-leader requests Schotte to arrange an independent investigation into these violations. If this investigation remains forthcoming, the yellow party will use all their means to obtain clarity in this matter.


7 March 2012


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