Minister rejects Theo Heyliger’s request for early release

PHILIPSBURG – Sint Maarten’s Minister of Justice Nathalie Tackling has rejected a request by former member of parliament and minister Theo Heyliger to be released from prison early. His proposal to serve the remainder of his sentence under electronic monitoring has also been denied. This is reported by St. Martin News Network and The People’s Tribune.

According to the ministry’s calculations, Heyliger will become eligible for regular conditional release on January 27, 2027. Reaching that date does not, however, mean he will be automatically released. The legally prescribed review procedure must first be completed.

Heyliger had requested earlier release and offered to wear an electronic ankle bracelet. He also sought to be included in measures allowing detainees to serve their sentence outside prison earlier or under different conditions, due to capacity problems at the Pointe Blanche prison.

Minister Tackling stated, according to SMN News, that Heyliger has no automatic right to release before his regular conditional release date. She also noted that electronic monitoring is not an independent substitute for a prison sentence, but a condition that may be attached to a legally valid release.

Dispute over pre-trial detention

The People’s Tribune raises questions about the way the ministry calculated the sentence already served. The dispute centres mainly on 91 or 92 days of pre-trial detention that Heyliger served prior to his current imprisonment.

According to the newspaper, those days were deducted when determining the end of his sentence and his conditional release date. However, they were reportedly not counted when calculating the percentage of his sentence that Heyliger has already served.

Without the pre-trial detention, the ministry calculated that Heyliger has served approximately 51 percent of his sentence, according to The People’s Tribune. When the pre-trial days are included, he would have served approximately 55.7 percent. This does not automatically entitle him to release, but may be relevant when assessing which detainees can leave early due to limited prison capacity.

The newspaper also reports that the United Nations Office for Project Services, UNOPS, played a role in the decision. The organisation is involved in the construction of the new prison on Sint Maarten and is said to have reviewed the calculation of Heyliger’s sentence. It is unclear why UNOPS is involved in the calculation of an individual criminal case.

No individual preferential treatment

Tackling stated on Saturday that the rules must be applied equally to every detainee. A prisoner serving a fixed sentence of more than one year may in principle be considered for conditional release after serving two thirds of it.

Only in cases of acute prison capacity shortages does a limited possibility exist to release detainees earlier. According to the minister, an individual prisoner cannot make a personal claim to this measure. It is intended to address a general capacity problem, with detainees assessed according to a legally determined order of priority.

The People’s Tribune points out that Tackling previously told parliament that detainees could become eligible for a capacity measure after serving 50, 55 or 60 percent of their sentence. The newspaper therefore calls for an explanation as to why Heyliger, with a calculated percentage of 51 percent, was not included, and why his pre-trial detention was left out of that specific calculation.

Heyliger can initiate legal proceedings against the application of the rules and the calculation of his detention period. For now, he remains in custody, with January 27, 2027 as the next official date on which regular conditional release may be considered.