A/HRC/20/35
B.
Prison system and extended pretrial detention
27.
The prison administration6 reports that there are 7,190 persons in prison: 2,224 have
been sentenced and 4,966 are awaiting trial. Almost 70 per cent of the total number of
prisoners is thus being held in pretrial detention, most of them for an extended period.
28.
The situation, however, differs considerably from one jurisdiction to another, both in
terms of the amount of space allocated to persons deprived of their liberty and the number
of persons held in pretrial detention. A comparison of the rates of pretrial detention in the
16 establishments in the country reveals that rates vary between establishments, sometimes
quite considerably.7
29.
Under the “Not One More Day in Prison” programme, a committee of judicial
inspectors, national prison administration officials and other civil servants have been
carrying out enquiries in the courts, at police stations and every prison in the country since
February 2012. The aim is to identify cases of extended detention and to free those
concerned on a case-by-case basis, without any real strategy being developed to tackle the
problem.
30.
During his most recent mission, the Independent Expert visited the women’s prison
in Pétionville, where nearly 90 per cent of the women are in pretrial detention, while only
10 per cent have been sentenced.
31.
Several explanations for this have been offered, suggesting that it is related to the
types of offences committed, the number of cases tried in criminal courts and how the
different jurisdictions work. The Independent Expert reiterates his recommendation that a
detailed study should be carried out on extended pretrial detention in the country’s various
jurisdictions in order to develop strategies and suggest responses adapted to each case,
rather than national solutions that do not really take the situation in the different
jurisdictions into account.
32.
The renovation of the National Penitentiary is now complete and improvements are
visible, as the premises have been restored, but the situation remains tense due to
overcrowding in the cells. Prisoners and those awaiting trail live in a space scarcely larger
than 0.5 m2, which means that they have to take turns sleeping.8 The situation is a worrying
one, and one qualified by the United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment as cruel, inhuman and degrading.
33.
The Independent Expert also visited Gonaïves, where political disturbances in 2004
led to the destruction of the civil prison. Since then, the holding cells of the Cité de
l’Indépendance police station have been used as a prison. The cells are overcrowded and
inadequate, with awful conditions of detention; heat and a nauseating smell emanate from
the cells. Like the rest of the inmates, minors face a lack of access to health care and
sanitation and a shortage of food; their economic and social rights are jeopardized. This
situation should be addressed as a matter of urgency; it is not acceptable that persons who
have been deprived of their liberty should be dealt with in such a manner in an
establishment that was not designed for that purpose.
6
7
8
8
Figures given on 26 January 2012 by MINUSTAH.
As an example, 92 per cent of inmates are in preventive detention at the National Penitentiary,
compared to 45 per cent at Fort Liberté, 48 per cent at Cap Haïtien, 54 per cent at Jacmel and 67 per
cent at Cayes.
UNDP recommends a minimum space of 4.5 m2. The ICRC states that in the most serious crises, each
detainee should have at least 2 m2.
GE.12-13208
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