A/HRC/28/82 judges spend a disproportionate amount of time giving classes or looking after personal affairs. 43. Various steps could be taken to keep this problem from getting worse. The Independent Expert has been informed that, on the instruction of the prosecutor’s office, a committee has been set up to monitor the situation of detentions in Les Cayes (Sud Department). The committee sits once a week to review the cases of persons being held in pretrial detention and orders releases as applicable. 44. Other measures relating to the administration of justice should be implemented at the national level. Currently, investigating judges cannot be reappointed immediately upon expiry of their mandate because they have to wait months to be issued a certificate of good conduct so that the Ministry of Justice can reappoint them. This practice paralyses the administration of justice as over 100 investigating judges are presently unable to investigate or preside in cases of persons being held in prolonged pretrial detention. 45. This procedure could be organized differently such that certification would be ready before expiry of their mandate. That way, judges could be reappointed without any interruption in their work. 46. The Independent Expert wishes to repeat the recommendation made to the authorities in his previous report that a small group of judges, assisted by law students in their final year of studies, should be appointed for a set period of time to examine the cases of prolonged pretrial detention and take a decision on them. Some high-ranking officials are aware of the situation and are working on possible solutions. The Minister for Human Rights informed the Independent Expert that she had asked the Minister of Justice to reopen before the end of October 2013 the office responsible for monitoring prolonged pretrial detention. That request should be made again. 47. As indicated above, the urgent need to address the matter of pretrial detention had also been identified by the Human Rights Committee. In its concluding observations on the initial report of Haiti, the Committee recommended that the State party should ensure that all persons who are arrested and detained enjoy the effective right to habeas corpus. It should also encourage courts to promote alternatives to deprivation of liberty for indicted persons, taking into account the United Nations Standard Minimum Rules for Noncustodial Measures. It should take urgent steps to address the situation of persons who have been in pretrial detention for many years in a way which will directly help reduce prison overcrowding. The State party should also take appropriate action to ensure the separation of remand and convicted prisoners and of adults and minors (CCPR/C/HTI/CO/1, para. 15). (ii) Other aspects concerning detention conditions 48. The country’s places of detention have a combined capacity to hold only 4,000 prisoners.15 They are extremely overcrowded16 and do not offer decent living conditions.17 This constitutes inhumane, cruel and degrading treatment. 15 16 17 10 Based on information provided by the Prisons Administration. According to the International Centre for Prison Studies, the capacity stood at 5,958 as at 1 August 2014. Available from www.prisonstudies.org/country/Haiti (consulted on 26 January 2015). According to the MINUSTAH correctional unit, there were 10,508 prisoners as at 31 October 2014. According to the Prisons Administration, 10,161 were registered as at 29 June 2014. The Prisons Administration in Haiti has set itself a target of providing each detainee with 2.5 square metres, which would mean that the official capacity of the country’s prisons is 2,383 persons. According to the United Nations, the target should be 4.5 square metres, which would give an official capacity of 1,324 persons. GE.15-02042