A/HRC/25/71
been possible to use the adjacent courtyard since, thus preventing inmates from enjoying
that open space. Moreover, the facility houses men, juveniles and women deprived of their
liberty, even if they are separated. In addition, the prison is inconveniently located among
private homes.
38.
The Jacmel prison administration does not have sufficient funds to buy drugs and
the Prison Department does not supply enough. Cases that cannot be treated by nurses are
referred to the Saint-Michel Hospital in Jacmel. The prison does not receive enough food
either. Some suppliers say that since the Prison Department has not paid the price agreed on
in their contract they are not able to deliver food.
39.
Neither of the two prisons has workshops where inmates might be able to work. It is
no longer possible to study there either. One 17-year-old inmate in Jacmel asked the
independent expert to seek the authorities’ permission so that he can sit the State exams and
finish his school leaving certificate. The independent expert has forwarded the request to
the prison governor. There were eight other juveniles in Jacmel prison (seven boys and one
girl).
40.
In short, the situation of persons deprived of liberty is very serious and needs to be
resolved through urgent measures aimed at improving health services, ensuring access to
food and health care, creating conditions allowing prisoners to work or study and adding a
more humane dimension to living quarters and recreational areas. Above all, it is crucial
that inmates in prolonged pretrial detention are released and that this practice, which is
contrary to the International Covenant on Civil and Political Rights (art. 9), is brought to an
end.
41.
The situation calls for shock treatment in order to substantially reduce the number of
persons held in pretrial detention and to prevent its recurrence. A few judges, assisted by
law students in their final year, could be appointed for a specified period of time to examine
the cases of prolonged pretrial detention and take a decision on them. Some high-ranking
officials are aware of this situation and are working on possible solutions. The Minister
Delegate for human rights and the fight against extreme poverty informed the independent
expert that she had asked the Minister of Justice to reopen the Office to monitor prolonged
pretrial detention before the end of October 2013. The Government has established an ad
hoc committee on detention in order to identify persons held in pretrial detention at the
national penitentiary. The committee has referred reports on a number of case files to the
prosecutor for further action. With the financial support of MINUSTAH and the
participation of 55 lawyers, between January and October 2013, the Government provided
legal assistance to 5,076 detainees in Port-au-Prince prison, 2,497 of whom were released.
42.
In response to requests for assistance from the Government, the independent expert
proposed that an expert on matters relating to prisons and pretrial detention be selected to
boost efforts under way in the framework of international cooperation (including
MINUSTAH, UNDP and bilateral donors) and by the Office of the Ombudsman and the
Government, in line with the proposal in paragraph 30. The Minister Delegate and the
independent expert agreed that this recommendation should be implemented in 2014.
C.
Weakness of the rule of law
43.
A third aspect clearly affecting human rights in Haiti is the weakness of its
institutions, in particular those relating to access to justice and the certainty of the
application of the law.
44.
Few people in Haiti have confidence in the role the State can play on their behalf.
Whether it concerns land, a court decision, elections, the competence of public authorities
GE.14-10841
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