A/HRC/14/44
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advantage of the earthquake to escape from the national prison in Port-au-Prince and other
prisons. In some establishments the prisoners fomented violent mutinies and took the
opportunity to escape. Several dozen of the escapees were recaptured by the National Police
and UNPOL, but most of them are still at large. Some of them are said to have found refuge
in the Cité Soleil quarter, which they used to control, and to have stolen firearms from their
warders in the course of their escape.
47. Many of the 3,000 prisoners who escaped from the national prison alone were
members of drugs- and arms-trafficking gangs from Cité Soleil, and many judicial
documents seem to have been destroyed in the post-earthquake chaos. Little is left of the
files of the national prison, where traces of fire were found in a cell; this circumstance
increases the risk of unfair treatment of detainees by the justice system
48. The Palace of Justice in Port-au-Prince, which collapsed on the day of the earthquake,
was burned a few days later, with the loss of several hundred current case files. In addition,
the files office of the Palace of Justice and the Court of Appeal were looted, as was the
office of the clerk of the court of first instance in Port-au-Prince, rendering more than
random the processing of the files which had been deposited there. Investigations are
proceeding concerning certain members of the prison administration and their possible role
in facilitating a number of escapes.
49. Detainees are currently crammed into cells in various prisons and police stations in
difficult conditions. Open-air camps have also been set up, in Port-au-Prince in particular,
close to Logbase; the inmates of these camps are exposed to public view to the detriment of
their dignity. The independent expert recommends that at least canvas sheets should be
raised to protect inmates from this exposure. He salutes the work done by the International
Committee of the Red Cross (ICRC) to bring places of detention, in particular the civilian
prison in Port-au-Prince, up to international standards.
50. Questions have been raised about the judicial processing of the prisoners recaptured
after escaping and about the processing of their cases. Where persons already convicted are
concerned, there ought to be other documents available giving the date of conviction, the
sentence handed down by the court, and the time left to serve. In the case of prisoners who
were already held in pretrial detention or who will be recaptured after escaping, the
independent expert recommends that simplified measures should be taken with regard to
their offences, thus freeing the judicial system to deal with the cases deemed most serious
under Haiti’s Criminal Code.
4.
The Office of the Ombudsman
51. The independent expert welcomes the decision taken by President Préval, in agreement
with the President of the Senate and the President of the Chamber of Deputies, to appoint
Florence Elie to the post of Ombudsman. She had hardly been appointed when she
produced an ambitious action plan, but it could not be set in motion owing to the
earthquake. Her offices have been affected, and the cracked walls make it dangerous to use
the premises or the equipment. With ICRC help she has erected three tents in her garden to
continue her work of documenting and processing complaints. Her possibilities for action
are limited, at a time when, pursuant to her mandate, she should be conducting
investigations and taking part in the discussions in the various “clusters”, especially of the
protection issues.
5.
The place of human rights in the reconstruction
52. President Préval has repeatedly asserted that the future is not about reconstructing Haiti
but about constructing a modern State. This vision was outlined in speech delivered by
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GE.10-13204 (EXT)
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