On Monday December 1st 2008, the Court of Appeal of the Netherlands Antilles ordered the release of K., who was being held in detention since the October 30th 2008. In view of the emotional outburst that took place on Tuesday evening December 2nd 2008 on the French Side, the Prosecutors’ Office deems it necessary to explain why K. was released.
K. was arrested at the request of the French authorities and placed in so called extraditional detention. The investigation of this awful crime was – and still is – in the hands of the French authorities. Since his arrest no evidence of K. being involved in the double murder case was presented.
According to the European Extradition Treaty, the French authorities were obliged to provide the Dutch Antillean authorities with some pieces of evidence within the first 18 days after the arrest of K. That did not happen, nor did the French authorities come up with an official request for K.’s extradition.
According to the Court of Appeal in the file that was handed over to the Dutch Antillean authorities, no reasonable suspicion against K. could be found.
Due to this lack of suspicion the Court decided to release K. under the condition that he hands in his passport at the Prosecutors’ Office, so he cannot leave the Netherlands Antilles.
In the mean time, the French authorities will continue the investigation and if any piece of evidence against K. is presented, he can be arrested again.