Court Cases / Twenty-first GMS Court Case
Anon. vs. Public Prosecutor
The 6 islands of the former ‘Netherlands Antilles’, to wit: Aruba, Curaçao, Bonaire,
St. Maarten, Saba and St. Eustatius have known freedom of residence since 1634.
But with the dismantlement of the Neth. Antillean constitutional structure, beginning
in 1986 when Aruba exited the Neth. Antilles, and thereafter in 2010 when Curaçao
and St. Maarten exited the Neth. Antilles whereas the remaining three islands chose
to integrate into the European part of the Kingdom of the Netherlands (the country
informally known as ‘Holland’), the islands decided to introduce Immigration Laws
between themselves to end the freedom of residence for citizens of the other islands.
However, this was not only short-sighted, it is a violation of art. 12 of the Int. Covenant
on civil and political rights, as well as similar provisions in the European Treaty of Human Rights.
The aim of this case is to correct the situation. The islands have drifted apart.
That is no reason to introduce borders between the islands, nor to discriminate by law
against the citizens of the other islands. The client was fined $ 2,500.- for illegal
residence on Bonaire. However, as the law in question is in violation of art. 12 of
aforementioned Covenant, we petition the Court to acquit our client, as this violation
renders this law null and void wherefore the client cannot have broken it.
|1. Memorandum of Oral Pleading First Instance||Download|