Do I have to pay to file a complaint with the Ombudsman in Aruba?
Filing a complaint with the Ombudsman is free of charge.
Do I need to live in Aruba to be able to file a complaint with the Ombudsman?
No, anyone can file a complaint, regardless of immigration status or whether they are a tourist or resident.
Is it possible to submit a complaint to the Ombudsman, if this is being dealt with by a court?
No, a complaint currently being handled by a judge cannot be handled by the Ombudsman. If you still wish to file a complaint after the ruling, you can. In that case, the complaint will no longer be evaluated on its content; instead, the Ombudsman will only assess the implementation of the judge’s decision.
Is the Ombudsman a lawyer?
No, the Ombudsman is not a lawyer. The Ombudsman investigates complaints against institutions as specified in the law, either upon request or on its own initiative.
Do I have to be of legal age to file a complaint with the Ombudsman?
No, anyone (everyone) can file a complaint with the Ombudsman, including a minor.
Is it possible to file a complaint against a private organization?
In this case the following criteria apply:
- utilities;
- private organizations of general interest that (whether or not) receive financial contributions from the state;
- private organizations responsible for tasks concerning youth (everyone up to and including 17 years old) in the areas of education, youth assistance, childcare, and healthcare.
A complaint can also be filed against a person who works at this institution (or has worked there).
If it is not one of the above-mentioned cases, you cannot file a complaint.
Am I required to first submit my complaint to the institution in concerned?
Yes, to file a complaint with the Ombudsman, you must first submit your complaint to the institution concerned. If this has not been done, you must do so before you can use the Ombudsman’s services.
Why is the ombudsman independent and impartial?
The Ombudsman and her office staff are not subordinate to any entity in the performance of their duties. The staff is directly employed by the Office of the Ombudsman.
How can the Ombudsman help me if I have a complaint against the Court of Justice?
The Court of Justice falls under category 7 of Article 1 of the National Ordinance on the Ombudsman (in Dutch named ‘Landsverordening Ombudsman’, abbreviated with LvO): these are independent bodies established by the Constitution of Aruba, by national ordinance or by Kingdom Act, which are charged with the jurisdiction, so far as it concerns only that administration of justice.
This means that the Ombudsman cannot deal with a complaint about the jurisdiction of the Court of Justice in terms of the content, matters related to it or a judge.
The Ombudsman can handle all other complaints against this institution.
The Ombudsman CAN do the following:
- After the publication of case law, a complaint can be filed with the Ombudsman.
- The Ombudsman will only assess the implementation of the judge’s decision.
The Ombudsman CANNOT do the following:
- The Ombudsman cannot evaluate the content of a ruling. By law, the Ombudsman cannot overrule the jurisdiction of the Court of Justice.
- Likewise, no complaint can be filed against a judge.
- Ombudsman cannot handle a complaint regarding the processing time of a case either.
Once a case has been submitted to the Court of Justice, it is dealt with by the Court and the Ombudsman cannot handle any complaints about the same case.
