A/HRC/17/42 the differences in the way detainees are treated depending on where they are held. The national prison is being renovated and the improvements in its facilities are clear to see. Much the same can be said for the women’s prison at Pétionville and the prison at CapHaïtien, where facilities appear to be relatively well maintained. On the other hand, the quality of the facilities at Jacmel prison leaves much to be desired, particularly with regard to sanitary conditions: detainees use hoses to shower and the toilets are blocked. 51. In all the prisons visited, the Independent Expert found that there were health problems linked to the cholera epidemic and problems with food supply, which is currently managed centrally by the prisons administration. Problems with the supply and transportation of foodstuffs mean that the distribution of meals is erratic, causing great discomfort to prison staff and detainees. Rations are sometimes cut heavily and detainees go hungry. At times, inmates contract illnesses directly linked to the quality or quantity of food distributed. The Independent Expert points out that prisons are places of deprivation of liberty in which, however, the preservation of all other rights is essential. It is unacceptable that, in addition to excessive periods of pretrial detention, persons deprived of their liberty should also be victims of prison overcrowding and poor nutrition. 52. The Independent Expert also visited the new Croix des Bouquets prison, the design of which more closely reflects how the prison system in Haiti ought to be. Work has been delayed, partly because of measures taken to reinforce the building against earthquakes, but the facility should eventually relieve the pressure on the national prison. The Independent Expert is, however, disappointed that, in this prison, convicted prisoners and detainees in pretrial detention will be held in the same quarters, in spite of his recommendation to separate the two categories. At a time when the country is embarked on reconstruction, it would have been desirable to rethink the prison system based on a strategy for the building or renovation of penal establishments and short-stay prisons. 53. At meetings with the chief justices of the courts of Port-au-Prince and Jacmel, the Independent Expert commented on the daily workings of the courts and repeated the recommendations that he had made in his report of 2009. The Constitution of Haiti and the Code of Criminal Procedure provide for straightforward and quick trial procedures for petty and major offences. It would appear that, in these two courts, some positive experiments have been carried out that deserve to be publicized more widely, especially with a view to combating the arbitrary placement of people in pretrial detention when non-custodial alternatives, are available even if rarely used. 54. Unfortunately, the only remedy is that of habeas corpus, which is used all too infrequently in Haiti. Under this procedure, which is provided for in the Constitution, and which aims at protecting individual freedom, application may be made before the chief justice of the relevant court of first instance to rule on the lawfulness of a person’s arrest and detention and, if appropriate, order the immediate release of that person if article 26 of the Constitution has been infringed. 55. The Independent Expert recommends that certain criminal procedures be clarified and simplified, particularly with regard to non-custodial and suspended sentences, police custody and habeas corpus, the duration of pretrial detention based on the type of offence and the delegation of judicial powers to the criminal investigation police. 56. In order to deal with certain pending cases, the Ministry of Justice and Public Safety could issue circulars instructing the public prosecutor’s office to have persons suspected of committing major or minor offences brought before an investigating judge within 48 hours, if referral to a court is necessary. The Ministry of Justice and Public Safety could also take steps with a view to applying the summary trial system with the consent of the chief justice of the court of first instance. It would also be possible to deal with all pending cases before the public prosecutor’s office within a time limit of one month by referral to an 12 GE.11-12426