Transparency (practice) Score: 75 TO WHAT EXTENT DOES THE PUBLIC HAVE ACCESS TO JUDICIAL INFORMATION AND ACTIVITIES IN PRACTICE?
Overall, the public is able readily to obtain relevant information on the organisation and functioning of the judiciary, on decisions that concern them and how these decisions are made. The management rules are not made public yet. Interviewees stated that access to court sessions is ensured in practice and that there is usually enough space to accommodate the media and others interested. Besides the opportunity to attend court sessions, the public has access to the website of the Court of Justice, launched in 2010. The website contains a broad range of information on, for example, the Court’s structure, information about the courts in the different islands of the Kingdom, publications and news. It also refers to a Dutch website where a selected number of verdicts of the Court of Justice can be found.432 The selection criteria refer to societal importance, a new line of jurisprudence, and its importance to interest groups and media. The annual report and accounts of the Court of Justice of 2011 was ready in a timely manner (before 1 April 2012). Although there are no legal provisions that require this, the annual reports of the Court of Justice can be found on its website.433 The reports contain information on operational management, statistics on reports, type of cases, verdicts and finances. According to an interviewed expert, the management rules (bestuursreglement) are ready, but not yet published. The Court of Justice is currently in the process of publishing.434 Although it is not required, the judiciary usually does make public through different media information on judicial appointments, dismissals and transfers. Several speeches held by the president of the Bar (Deken van de Orde van Advocaten) regarding the investiture of judges are also published on the internet.435
Accountability (law) Score: 50 TO WHAT EXTENT ARE THERE PROVISIONS IN PLACE TO ENSURE THAT THE JUDICIARY HAS TO REPORT AND BE ANSWERABLE FOR ITS ACTIONS?
Judges are required by law to give reasons for their decisions. The legal framework contains extensive provisions regarding complaints and disciplinary sanctions, but there is no independent body to investigate and there is no protection for complainants. The law requires judges to give reasons for their decisions. A verdict in a criminal case has to coincide with the reasons for the decisions, and also requires that the applied articles are mentioned.436 The Court supervises a proper prosecution of criminal offences,437 and the executive 432
http://rechtspraak.nl. www.gemhofvanjustitie.org, see publication section [accessed 16 February 2013]. 434 Information received from the Court of Justice, 10 May 2013. 435 www.ordevanadvocaten.an, see publication section [accessed 16 February 2013]. 436 Constitution of Curaçao, 2010, No.86, Chapter 7 Article 104.2. 437 Kingdom Act Joint Court of Justice, 2010, No.335, Article 19. 433
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NATIONAL INTEGRITY SYSTEM ASSESSMENT CURAÇAO