OM declines criminal investigation into evacuation decision following Landfill Lagun fire
KRALENDIJK – The Public Prosecution Service BES (OM BES) will not launch a criminal investigation into members of the crisis management team (COPI) and other government officials responsible for terminating the evacuation around Landfill Lagun following the major fire in January 2026. This follows from a letter issued by the chief public prosecutor.
Stichting Pro Lagun filed a complaint on behalf of Jan Verbeek with the National Detective Agency (Rijksrecherche) in February. The complaint alleged that the officials and administrators involved may have acted unlawfully by ending the evacuation of local residents without conducting sufficient investigation into potential health risks arising from the smoke.
In his response, the chief public prosecutor acknowledges that the situation surrounding the landfill has caused serious concern among residents. He also states that the nuisance caused and the potential consequences for public health and the environment are understandable. Following the fire on or around 17 January, a crisis management team was established and residents in the surrounding area were advised to temporarily leave their homes. The evacuation was called off on 20 January after the situation was deemed sufficiently under control by the authorities.
However, the Public Prosecution Service concludes that the decisions taken fell within the government’s statutory responsibility in the area of crisis management. Under established case law, the State and civil servants acting in the context of an exclusive governmental duty are in principle afforded criminal immunity. As a result, they cannot be criminally prosecuted for such decisions unless there is evidence of personal gain or self-interest. The Public Prosecution Service found no indication of such circumstances.
Administrative solutions
Kupers further points out that the issues surrounding the Landfill primarily call for administrative rather than legal solutions. In his view, criminal intervention would do little to prevent future incidents or to address the structural problems surrounding waste management on Bonaire.
On the basis of these considerations, the Public Prosecution Service will pursue neither a criminal investigation nor the prosecution of the individuals named in the complaint. Verbeek may challenge this decision by initiating a so-called Article 15 procedure before the Court of Justice.
