AMSTERDAM – Amnesty International is calling on the Curaçaoan government to fully comply with a recent court ruling that deemed the automatic detention of undocumented migrants illegal. The human rights organization also urges the government to legally establish humane alternatives to detention for asylum seekers and irregular migrants, regardless of nationality. 

On July 30, the Joint Court of Justice ruled that the longstanding practice of automatically detaining people who enter Curaçao without documentation is unlawful. The decision upholds an earlier ruling by the Court of First Instance, stating there is no legal basis for placing undocumented individuals in custody by default. 

Amnesty International sees the ruling as a hopeful step toward better compliance with international human rights standards on the island. “People fleeing their countries and entering irregularly should not be automatically detained,” said Amnesty Netherlands Director Dagmar Oudshoorn. “This ruling confirms that and compels a shift in both policy and practice.” 

The case centers around the right to liberty, as enshrined in the European Convention on Human Rights. The court emphasized that detention of migrants must never be the standard approach, even in cases of irregular entry. Instead, less invasive measures must be considered first, and detention should only be used as a last resort. 

Amnesty has previously documented the conditions of detention for primarily Venezuelan migrants in Curaçao in reports published in 2018, 2021, and 2023. The investigations revealed routine violations of human rights, including the automatic imprisonment of migrants upon arrival. The organization has long campaigned for a reduction in the use of detention and advocated for structural, humane solutions to migrant and asylum seeker treatment. 

Amnesty also emphasized that this ruling has broader implications for the entire Kingdom of the Netherlands. “Protecting human rights is a shared responsibility among all countries within the Kingdom,” said the organization, which plans to meet with Curaçaoan authorities during an upcoming working visit.