How do we handle your complaint?
Filing a complaint about the police
You are not satisfied with the behaviour of a police employee. You filed or intend to file a complaint about it. The police must do their job carefully and properly. Therefore, complaints about the police are always handled with care.
Why file a complaint with the police?
The General Administrative Law Act states that complaints should be made to the authority where they originated, in this instance the police. This gives you the opportunity to talk to the concerning police employee and they can explain why they acted in a certain way. In many instances, that conversation leads to a positive outcome for both parties.
What can you expect?
1. Reception
If we receive a complaint, we send an acknowledgement of receipt within three business days. The person who handles your complaint is an employee of the police with the position of complaints coordinator. This complaints coordinator discusses with you what you want to achieve with your complaint and what exactly your complaint entails. The complaints coordinator takes a neutral position and looks after the interests of you and of the police employee against whom you have filed a complaint.
In this conversation, the complaints coordinator also indicates whether your complaint can be dealt with according to the complaints procedure. In certain instances the complaints procedure is not applicable. In that case, the complaints coordinator explains the follow-up steps that you can take.
You may be satisfied after the initial contact with the complaints coordinator and waive further handling of your complaint. Then the procedure stops. You receive confirmation of this and the file is closed.
2. Informal complaints handling in the first phase
If you decide to have your complaint dealt with, you have the opportunity of engaging in a conversation with the police employee(s) concerned. The complaints coordinator assesses whether a conversation of this kind can help resolve the complaint. The complaints coordinator will ask you if you would want this kind of mediation meeting. If so, they will schedule an appointment for this. The complaints coordinator will be present during that meeting.
This meeting can have three outcomes:
- You are satisfied and feel that your complaint was adequately handled. You receive written confirmation of this and the file is closed.
- You are not satisfied but do not think further handling is necessary. In that case, you also receive a letter confirming this and the file is closed.
- You are not satisfied and want a decision from the Chief of Police. The handling of your complaint is then continued in the second phase.
3. Formal complaints handling in the second phase
If you are not satisfied with the outcome of the informal handling of your complaint, it can be referred to the Chief of Police. He is the person ultimately responsible for the police on Bonaire, St. Eustatius and Saba. The Chief of Police receives an opinion from an external Complaints Committee. Its members have no connection with the police organisation.
The Complaints Committee has its own working method. It investigates the complaint and, if necessary, organises a hearing at which you can explain how you perceived the police action. The police employee concerned can respond to this. Based on the investigation and the result of the hearing, the Complaints Committee prepares a recommendation for the Chief of Police.
4. Assessment of your complaint
The Chief of Police forms an image of the individual elements of the complaint and makes a decision. This is done on the basis of the recommendation he received from the Complaints Committee.
The assessment of the complaint can be:
- Founded: your complaint is justified;
- Unfounded: your complaint is not justified;
- No opinion: a decision is not possible;
- Inadmissible: your complaint does not meet the requirements.
You receive a letter explaining what the assessment entails and how it was reached. The police employee concerned and their supervisor are also informed of the outcome.
How long does it take?
The informal complaints handling phase is completed within ten weeks of receiving your complaint. If you request that the Complaints Committee issues an opinion then this period is extended by at least four weeks. The total handling period can be extended once more by four weeks to a maximum of 18 weeks.
Disagree with the outcome?
If you disagree with the decision of the Chief of Police then you can take your complaint to the Nationale Ombudsman. See the following website for this www.nationaleombudsman.nl/caribisch-nederland.
Use of personal data
The police are required by law to handle complaints properly. To do so, they need to collect and process data. The law states which personal data are necessary for this.
During the investigation of the complaint, information may be gathered from the internet, social media, police employees, and possibly other sources. After the complaint file has been closed, these records are retained for five years. We handle these data with care whilst respecting everyone's privacy.