A/HRC/28/82 49. The occupancy rate is 794 per cent of maximum capacity in the five most overcrowded prisons; that works out to 0.57 square metres per person (the standard is 4.5 square metres per prisoner). Fort-Liberté and Port-au-Prince have even higher rates, with almost three persons per square metre.18 50. The prison in Les Cayes, in the Sud Department, has capacity for 100 persons. It currently holds 610 prisoners (474 “on remand” and 136 convicted, of whom 132 were men, 3 were women and 1 was a minor), according to information provided to the Independent Expert by the former government commissioner on 19 July 2014.19 51. In the municipality of Aquin, also in the Sud Department, the Independent Expert visited the police station, which is used as a place of detention. The prisoners were divided among five cells: in one, there were three women; in another, there were two minors (who should not have been in custody); and in the remaining three, there were more adults than the space was designed to hold. 52. The judicial authorities in Aquin asked the Independent Expert to report that a detention facility is needed in that municipality and also in Les Côteaux, because convicted prisoners from these two places are confined in the prison in Les Cayes. 53. Sanitation conditions in places of detention are inadequate. The Independent Expert observed a lack of privacy and appropriate sanitation at the Aquin police station, including the absence of sewage drains. Similar situations had been found in the Port-au-Prince and Jacmel prisons during the previous mission. 54. As stated in the previous report, the national prison in Port-au-Prince, which is located in the town centre, will be demolished to make way for urban redevelopment. It is not yet known where the prisoners will be transferred, and this has generated concern. 55. Detention centres do not offer conditions that allow prisoners to work or study. The Prisons Administration is responsible for providing medical services and food but often does not have the funds or service agreements in place to ensure the supply of these services. 56. The Independent Expert is compelled to repeat the call made to the Haitian authorities in his previous report concerning the need to improve significantly the conditions in detention centres and, in particular, to improve health services, ensure availability of food and health care, provide settings that allow prisoners to work or study and add a more humane dimension to living quarters and recreational areas. C. Weak rule of law 57. Because of the weak rule of law, the people of Haiti face uncertainty in many spheres of their basic rights, including property registration, access to justice and government services, and the holding of elections. (i) Priority action to ensure the right to participation in public life 58. The right of citizens to vote and to be elected to office has been flouted all too often in Haiti. As unclear electoral rules have repercussions that go to the very core of the country’s institutional structure, a solution is needed urgently. In his previous report, the Independent Expert noted that parliamentary and municipal elections should have been held 18 19 GE.15-02042 According to data provided by the MINUSTAH Human Rights Section on 31 October 2014. As at 31 October 2014, there were 683 prisoners (548 “on remand” and 135 convicted), according to the MINUSTAH Human Rights Section. 11

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