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Natalee Discussions (2005 ARCHIVE)
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Natalee Holloway
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Compring the GITMO issue with the Interrogation of these 5 a
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GuyWdog
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Posts: 110
Compring the GITMO issue with the Interrogation of these 5 a
«
on:
June 26, 2005, 07:09:25 PM »
I think it is so ironic that our(USA) MSMEdia is such in an uproar about how we treat the Terrorists in Gitmo as it compares to how the Arubaian authorities are treating Joran and his cell mates. I dare say if we the USA had treated the Terrorists in GITMO like the Arubaians have treated Joran that there would be calls for the President of the USA to resign. What do you think ?
GuyWdog
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Chunky Monkey
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Posts: 32
Different Judicial System
«
Reply #1 on:
June 27, 2005, 11:10:04 AM »
This judicial system has been around for a while. It's older than the US's. For the prosecution/investigators its a far better system, but as compared to the US system it could be deemed unconstitutional.
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Chunky Monkey
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Compring the GITMO issue with the Interrogation of these 5 a
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Reply #2 on:
June 27, 2005, 12:05:20 PM »
Recieved this from a journalist I know...
Crime in Aruba
In any community of roughly 100.000 inhabitants there is some level of criminal behavior, so logically Aruba is not free of crime. Our judicial system keeps very accurate statistics of reported crimes. In the top 10 of reported crimes the statistics show, in this order, the crimes reported:
Criminal offense # cases
1. Driving without a license 348
2. Breaking & Entering 323
3. Drugs related crime (including drug trafficking) 247
4. Deliberate sales of stolen goods 132
5. Falsification of papers 110
6. Assault with use of a weapon 102
7. Threat of persons or goods 82
8. Petty theft 78
9. Vandalism 66
10. Fraud 52
In 2003 there were 3 murders, these were all solved, with convictions.
Therefore we know exactly how much happens here, so that the government authorities can adjust their policies to counter any trend visible. In many parts of the world, the registration system is not as advanced and in other countries some of the crimes we register as crimes are probably not even reported to the police. When comparing crime statistics it’s important to look at what exactly is included.
Aruba’s legal system
Disclosure of names
As in the US, suspects in Aruba are considered innocent until proven guilty. For that reason the protection of the identity is important, so normally the authorities will not disclose the name of the suspect
Displaying suspect pictures
Especially when concerning minors (under 18), for privacy reasons, authorities are careful in displaying pictures of suspects, also avoiding pictures in other cases. In the Holloway disappearance the authorities underestimated the international exposure by the media at the first series of arrests, and have tried to don’t repeat that oversight.
Suspects and grand jury
The Dutch legal system does not have a system similar to the grand jury. The public prosecutor has to collect necessary evidence within a reasonable period to present to a judge in order for the judge to decide on continued detainment of suspects. While this detainment can be prolonged several time (in the interest if the investigation), the prolongation each time will have to be presented to a judge, who after looking at the preliminary evidence and after hearing the argumentation of both the prosecutor and the suspect’s defense attorney will give his ruling.
The Dutch legal system has several avenues to ensure all suspects have similar rights as any modern democratic country.
Suspect’s rights
As in the USA, our legal system ensures legal representation for all, either paid for by the suspect or by the state. From the moment of initial arrest, legal representation is involved in the process. Note that similar to the US legal system, suspects are considered innocent until proven guilty.
Disclosure of evidence.
In the course of the investigation, the public prosecutor’s office will have to present the judge and defense with sufficient evidence to be able to prolong detainment. Until the formal charges are filed and the case is formally presented in court, the public prosecutor has no obligation to share all evidence collected.
Aruba Police Investigation
From different sources the investigation is being criticized as being insufficient.
From the beginning the police has requested and received support from both Dutch criminal investigators and US FBI. Cases like this disappearance are so rare that the police force does not have the experience, and rather than experiment they were realistic enough to ask for the necessary assistance. In the searches, they also included the assistance of the Dutch Marines stationed in Aruba, to cover more ground and ensure all necessary steps are taken to bring the case to a quick solution.
The FBI and Dutch experts are still involved, and while the police is criticized for secrecy, the outcome of their investigations is subject to careful evaluation and information only shared sparsely.
Any evidence or statements that have been exposed to the public might make it not admissible in court, which would go against the desire of the island’s authorities and public in general.
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