A/HRC/20/35
34.
Regarding economic and social rights, during meetings with the prison
administration, MINUSTAH and the International Committee of the Red Cross (ICRC), the
serious health issues and the food supply problems in all penal establishments throughout
the country were raised once more. The food supply is currently managed centrally by the
prison administration, which, when combined with the difficulties of supplying and
transporting foodstuffs and preparing meals, means that the distribution of meals is
sometimes erratic. Rations are sometimes heavily cut, leaving the inmates hungry. At times,
they contract diseases linked directly to the quality or quantity of the food. The Independent
Expert should like to point out that while prisons are places of deprivation of liberty, all
other rights must be guaranteed. It is unacceptable that, in addition to excessive periods of
pretrial detention, persons deprived of their liberty should also be subjected to prison
overcrowding and undernourishment.
35.
On the other hand, the Independent Expert also visited the new Croix des Bouquets
prison, where the architectural design, circulation, cells, common rooms and security have
all been considered as for any construction project that conforms to the relevant
international standards. The Independent Expert reviewed the future internal regulations for
the establishment, which should become a model for other prisons by systematically
addressing practical issues such as food, access to health care, and the separation of
prisoners who have been sentenced and those awaiting trial, without neglecting in the
slightest the essential matter of security. The only remaining concern is whether the
capacity of the prison will be exceeded by the Haitian authorities.
36.
Lastly, the Independent Expert notes the value of training for prison administration
staff. In total, there are some 1,000 prison staff in Haiti for slightly more than 7,000
prisoners, which, despite the efforts made, remains inadequate.
37.
The Independent Expert has reminded the Haitian authorities that addressing the
problem of prisons calls for a response that is political in nature — one transcending
technical decisions — and that allows the Government to set out its intended policy on
prisons. The Independent Expert suggests that a framework law on prisons should be
adopted, the basic principle being that prison terms mean deprivation of liberty, but also a
guarantee that all other rights set out in the Constitution of 1987, as well as in international
instruments, are maintained. Such a law on prisons would then allow the issues of food
supply, access to health care, maintaining family links and security to be addressed in
another way, with the rights of detainees being guaranteed. The Independent Expert offers
his time and further suggests that the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment should be included in the discussion.
C.
Police
38.
As reflected in Security Council resolutions, helping to reform the Haitian National
Police is at the heart of the tasks assigned to MINUSTAH. This process is in the hands of
the National Police, which receives advice from MINUSTAH and the United Nations
police (UNPOL).
39.
The work was carried out conscientiously, but the Independent Expert drew the
attention of the country’s authorities to the need to implement the main recommendations
issued regarding the vetting of the police force. Here too, purely technical handling of cases
will not suffice. A strong signal must be sent to the police to demonstrate that combating
impunity also means fighting it within their ranks, and that those officers not up to the
standards of a democratic force will be dismissed. It is not a question of weakening the
institution, but simply of making it clear that some previously tolerated behaviour is now
unacceptable. The Haitian National Police is one of the pillars of a State based on the rule
of law, and as such must set an example. It must be beyond reproach.
GE.12-13208
9
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