The Court of First Instance has upheld the decision of the Island Governor of Sint Eustatius (Statia) to refuse the issuance of a Certificate of Good Conduct (Verklaring Omtrent het Gedrag – VOG) to an applicant in connection with the position of Coordinator of Search and Rescue Operations. In its judgment of 1 September 2026, the Court declared the applicant's complaint unfounded. The Governor’s decision of 20 April 2026 to not issue the VOG therefore remains in full effect. The judgment states that no appeal is available against the Court’s decision.
Court’s Substantive Assessment
In reaching its decision, the Court considered the applicable provisions of the Wet op de justitiële documentatie en op de verklaringen omtrent het gedrag BES and the specific purpose for which the VOG had been requested. Under this law, a VOG is issued only when the investigation into the conduct of the applicant does not reveal objections relevant to the purpose for which the VOG is requested. This requires an individual assessment of the available judicial information in relation to the nature and responsibilities of the intended position. The Court established that the VOG was requested for the position of Coordinator of Search and Rescue Operations on Statia. It concluded that the Governor had sufficiently explained why the convictions recorded in the judicial documentation were relevant to that particular position. From the criminal records, it showed that the applicant was convicted by the Joint Court of Justice on 25 April 2023 for human trafficking (smuggling) of migrant persons and forgery. The Court rejected the argument that these criminal offences had no relevant connection with the SAR coordinator position. Having regard to the nature and responsibilities of that position, the Court held that the Governor was justified in her decision to not issue the VOG in light of the convictions for migrant smuggling and forgery when assessing whether a VOG could be issued for this purpose. The Court also considered the nature of the offences, the sentence imposed, and the period that had passed since the conviction. It held that the Governor rightfully took all these circumstances into account. The personal circumstances presented by the applicant were considered as well. These included his conduct since the conviction, his involvement in the Statia community, his previous participation in SAR activities, and the consequences of the refusal for him. The Court concluded that these circumstances cannot lead to a different decision. The Court, therefore, determined that the Governor rightfully refused the requested VOG. The complaint was declared unfounded, and the decision of 20 April 2026 remains in force.
Responsibility of the Governor
The Governor recognises that refusing a VOG can have significant consequences for the applicant. Each application must therefore be assessed carefully, objectively, and individually, in accordance with the applicable legislation and the specific purpose for which the VOG is requested. At the same time, the Governor has a responsibility to safeguard integrity and public confidence, particularly where an application concerns a coordinating position connected to public safety and emergency-response operations. The judgment confirms that the relevant circumstances were appropriately considered in this case and that the Governor was entitled to reach the decision taken on 20 April 2026. The Governor considers the judgment important because it provides further clarity regarding the application of the VOG framework on Statia and the assessment that must be undertaken where a VOG is requested for a position carrying particular responsibilities.
Further Strengthening of the VOG Process
The judgment also addressed the prescribed manner in which a decision concerning a VOG must be formally communicated to an applicant. The Governor’s Cabinet will use this procedural finding to further strengthen its administrative procedures. The advisors at the Governor's Cabinet have recently followed training in the Netherlands at the Justis organisation, and the Governor's Cabinet is going to further establish and clarify policy and procedures. Future decisions will be communicated strictly in accordance with the applicable notification requirements, and appropriate proof of dispatch and receipt will be retained in the official file. The Governor’s Cabinet and the relevant colleagues within the Statia Government will also participate in further training concerning the VOG process. This will support the careful, consistent, and legally compliant handling of future applications.
Update on SAR Developments
The Statia Government continues to make positive progress in strengthening Search and Rescue capacity on Statia. Over the past two days, the Crisis Management and Disaster Response Unit interviewed ten candidates for volunteer SAR positions. A complete selection report is expected to be presented to the Executive Council by the middle of September. The selected volunteers are scheduled to participate in an intensive week of theoretical and practical training during the final week of October. Additionally, volunteers who were previously trained for the SAR vessel are always welcome to rejoin the organisation. An instructor from the Royal Netherlands Sea Rescue Institution (Koninklijke Nederlandse Redding Maatschappij – KNRM) will travel to Statia to provide training in the safe operation and maneuvering of the SAR vessel and the proper use of the equipment available on the island. The Commander of the Coast Guard, who participated in the interview process, has also expressed an interest in joining the October training. The Statia Government warmly welcomes this opportunity for closer cooperation between the Coast Guard and the Sint Eustatius SAR organisation, which will further strengthen local preparedness, operational coordination, and the safety of the community.
The reference number of the full judgment is ECLI:NL:OGEABES:2026:218 and will be publicly available viawww.rechtspraak.nl or it can be requested at the Courthouse.
