Statement of Good Conduct - Sint Eustatius
DEJONG assists Governor of Sint Eustatius in objection proceedings about the decision to not issue a certificate of good conduct (VOG) on Sint Eustatius.
DEJONG congratulates the Governor and the Public Entity Sint Eustatius on the favorable judgment delivered by the Court of First Instance on September 1, 2026, concerning the decision of the Governor to not issue a VOG for the intended position of Search and Rescue (SAR) Coordinator.
The Court declared the applicant’s complaint unfounded. Consequently, the Governor’s decision of April 20, 2026, refusing the VOG, remains fully in effect. The judgment also confirms that no appeal is available.
The ruling matters because the Court expressly reviewed the merits of the Governor’s assessment. The central question was whether the Governor could reasonably consider the applicant’s criminal convictions relevant to the specific purpose for which the VOG had been requested. Under the relevant BES law regarding judicial documentation and certificates of good conduc (in Dutch: de Wet op de justitiële documentatie en op de verklaringen omtrent het gedrag BES), a VOG may only be issued when the investigation into the applicant’s conduct, taking into account the purpose of the application, does not reveal objections concerning that person.
In this case, the VOG was requested for the position of Coordinator of SAR Operations on Sint Eustatius. The judicial records showed that the applicant was convicted on appeal in 2023 of migrant smuggling and forgery. A three-month suspended prison sentence and 180 hours of community service were imposed. The Court held that the Governor had sufficiently explained why these convictions were relevant and constituted objections in relation to the purpose for which the VOG had been requested. Considering the nature and responsibilities of the SAR coordinator position, the Court found that the convictions could reasonably be connected to the intended function.
The Court also rejected the argument that the convictions were insufficiently serious to justify not issuing the VOG. The Governor was justified to consider the nature of the offences, the sentences imposed and the relatively short period that had elapsed since the conviction. The Court furthermore considered the applicant’s personal circumstances, including his involvement in the Sint Eustatius community, his previous contribution to SAR activities and his conduct since the conviction. However, these circumstances did not change the conclusion that the Governor was justified in refusing to issue the VOG.
The ruling confirms that a VOG assessment on our islands must be conducted individually and in relation to the specific purpose of the application. A criminal conviction does not automatically result in the refusal of a VOG, but it may be considered when it is relevant to the nature and responsibilities of the intended position. This is especially important for positions involving public safety, emergency response, operational coordination and public trust. In making such decisions, the Governor must carefully consider the applicant’s interests while also safeguarding the integrity of the position and the confidence of the community. The ruling confirms that, in this case, the Governor carried out that assessment carefully and lawfully and rightfully did not issue the requested VOG.
The Public Entity Sint Eustatius was represented in these proceedings by attorney Gerald Simmons - de Jong of DEJONG.
The full judgment if published, will be available under ECLI:NL:OGEABES:2026:218 through https://uitspraken.rechtspraak.nl
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