A/HRC/34/73
were 3,182) and a limited number of persons awaiting trial for a reasonably short period of
time were deprived of their liberty.
46.
Fortunately, and exceptionally, there is no overcrowding in the new prison built in
the municipality of Cabaret, near Port-au-Prince, which the Independent Expert visited in
October 2016. The prison was already housing 254 women, 17 of whom were minors from
the Pétion-Ville women’s prison, and has a capacity of 300. Each prisoner has a decent
place to sleep. This prison is therefore an example of a facility that is not overcrowded and
is, in addition, clean and equipped with an education service for minors.
47.
However, there is no drinking water in the facility and privacy is not guaranteed in
the showers or toilets, although this could be very easily remedied through the use of plastic
curtains, which can be purchased at a minimal cost. There is a higher proportion of male
guards in the prison than of female guards, which poses a risk to the safety and privacy of
female prisoners. There must also be spaces for prisoners to work. Recreation time is
limited to three hours per week in a courtyard and there is a refectory that is not in use,
apparently because the prison authorities are afraid of not having enough officers to
monitor the prisoners in these locations.
48.
During his fifth visit to the country, in February 2016, the Independent Expert also
visited the Croix-des-Bouquets prison on the outskirts of Port-au-Prince. The detention
conditions in the prison were better than in the other detention centres that he had visited on
previous occasions. The overcrowding rate still exceeded the prison’s capacity by 50 per
cent, as some 1,105 detainees were being housed in a structure built to hold approximately
760 people. Only 330 prisoners had been convicted. The remaining 775 (or 70 per cent of
the prison’s population) were persons being held in pretrial detention, despite the fact that
Croix-des-Bouquets prison had been built to house convicts only.
49.
In the prison, the Independent Expert met a man who had been in pretrial detention
since December 2012, or more than three years. Accused of having bought a weapon that
was allegedly stolen, he could face a prison sentence of one and a half years if convicted.
He had never come before a judge.
50.
According to the prison director, family visits to Croix-des-Bouquets prison had
been suspended since September 2015 owing to the public order situation and popular
protests prompted by the election results. This, however, is not sufficient justification for
depriving the prisoners of the right to receive visits from their relatives for more than a
year.
51.
As is the case in the prison in Cabaret, the recreation time in Croix-des-Bouquets
prison is capped at less than one hour per day in a courtyard, as the guards do not feel that
they are sufficient in number to thwart an escape attempt. This could also be the reason why
the refectory is not in use, despite the fact that it has the capacity to accommodate 100
people.
52.
The prisons in Cabaret and Croix-des-Bouquets have experienced fewer difficulties
than the other places of deprivation of liberty in the country, most of which offer extremely
poor living conditions as regards space per person, toilets, health services, food, and
opportunities for prisoners to work or study. Generally speaking, the conditions in Haitian
prisons amount to inhuman and degrading treatment. The Independent Expert reiterates the
invitation that he extended to the Haitian authorities in his previous reports to make these
places more humane by guaranteeing persons deprived of their liberty decent living
conditions, in accordance with universal standards for the treatment of prisoners. The
Haitian authorities should, at the very least, seek to emulate the example of the prison in
Cabaret.
C.
Elections and the rule of law
53.
The most pressing institutional challenge that the Haitian authorities had to face in
2016 was that of the elections, but there are other serious shortcomings in the rule of law
that should be noted.
10
GE.17-03747
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