A/HRC/31/77
43.
The Independent Expert reiterates his call for the authorities to put an end to
prolonged pretrial detention in Haiti by means of, as stated by the Minister of Justice, both
short-term and structural measures.
44.
Among the short-term measures, there are still plans to appoint groups of judges for
a set period of time to examine, with assistance from final-year law students, cases of
prolonged pretrial detention. It would also be a good idea to revive the office responsible
for monitoring prolonged pretrial detention (or set up a similar team within the
Government) to oversee the planning, implementation and monitoring of measures aimed at
eliminating this serious human rights violation which is perpetrated in Haiti on a daily
basis.
45.
Regarding structural measures, it is clear that a change needs to be made to the
system whereby 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, since around 50 investigating judges are presently unable to
investigate cases involving persons being held in prolonged pretrial detention. The
procedure could be reorganized in such a way that certification is ready before the expiry of
a judge’s mandate, thus allowing judges to be reappointed without any interruption in their
work.
46.
Resolving the problem of pretrial detention in Haiti is not just an option that the
Haitian authorities might wish to consider within the framework of other national
management priorities: it is a priority obligation in its own right under the International
Covenant on Civil and Political Rights. For that reason, the Independent Expert renews the
urgent call made to the Government to take all necessary measures without delay, in line
with the Human Rights Committee’s concluding observations on the initial report of Haiti
in late 2014 (CCPR/C/HTI/CO/1, para. 15).
(b)
Other aspects concerning detention conditions
47.
According to the national police, in September 2015 the country’s prisons housed
11,319 prisoners — against planned capacity estimated at between 4,00011 and 6,00012 —
in spaces that were both unsanitary and not being expanded. That works out to an
occupancy rate of 804 per cent for the country overall, with the space per inmate dropping
from 0.59 m2 in June 2014 to 0.55 m2 in July 201513 and to 0.54 m2 in November 2015.14
The inhumane, degrading conditions referred to in the Independent Expert’s previous report
were worsening.
48.
During his September 2015 visit to the Petit-Goâve police station, which is not a
prison facility, the Independent Expert observed two detention cells that measured around
30 m2 each. The two cells were holding 172 persons: about 86 in each. Prisoners had to take
turns sleeping; some slept in improvised hammocks strung from the ceiling. They were not
given authorization to leave the cell for at least one hour of suitable exercise in the open air
daily,15 because the guards felt they lacked means in order to monitor the prisoners. The
prisoners were clearly being kept in inhumane conditions.
11
12
13
14
15
GE.16-01946
According to information provided orally by the prisons administration.
According to the International Centre for Prison Studies, the capacity was 5,958 at 1 August 2014
(www.prisonstudies.org/country/haiti).
The international standard is 4.5 m2 per prisoner. In extreme cases, 2.5 m2 per prisoner is permitted
for short periods.
MINUSTAH Corrections Unit data for the incarcerated population at 19 November 2015.
Standard Minimum Rules for the Treatment of Prisoners, para. 21 (1).
9
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