A/HRC/38/30
commission of inquiry on the situation of detainees in prison settings — which operated for
three months (see paragraph 34 below).
29.
As part of its mandate, the Mission for Justice Support has continued to work with
national authorities, including the judiciary, to find ways to reduce situations of prolonged
pretrial detention. This has involved improving the capacity of judges to efficiently handle
cases, including by stricter compliance with legal deadlines. The Mission for Justice
Support has also been supporting efforts to strengthen case management performance by
facilitating dialogue with all actors of the penal chain, including the police, prosecutors,
judges and legal aid lawyers.
Prison overcrowding
30.
Together with prolonged pretrial detention, prison overcrowding is a major human
rights concern in Haiti. Pretrial detention directly contributes to prison overcrowding and
negatively affects the conditions of detention.8 Through its monitoring, the human rights
component of the Mission for Justice Support has found that, in instances in which prison
facilities are not available, police stations are also used to hold detainees.
31.
It was noted in the 2014 draft national human rights action plan that, while the
Government had attempted to address that issue, the measures adopted had proved
insufficient to significantly improve the situation. Among the proposed actions, the draft
action plan highlighted the need to build prisons in accordance with international standards
and to adopt a legal aid programme to enable courts to process these cases swiftly.
32.
Most prison facilities lack adequate sanitation and access to health care. This
situation has been described by several human rights mechanisms, including the Human
Rights Committee, 9 as amounting to cruel, inhuman and degrading treatment. Ongoing
monitoring of prisons by the human rights component of the Mission for Justice Support
indicates that the number of deaths in custody has increased over recent years, partly due to
the lack of access to adequate health care. For example, in the Les Cayes prison, the
number of deceased detainees almost doubled in one year, from 8 in 2016 to 14 in 2017. In
several instances, prison authorities have reportedly failed to inform the family of the
deceased detainee of the death.
33.
While overcrowding and poor prison conditions affect all detainees, they have a
disproportionate impact on women, children and inmates with disabilities. In prison,
women and children are at heightened risk of violence and abuse. Furthermore, children are
deprived of their right to education, and women’s access to health, in particular sexual and
reproductive health services, is extremely limited. For example, in March 2018, through its
monitoring, the human rights component of the Mission for Justice Support found that
about 85 per cent of the detainees in Les Cayes 10 were in pretrial detention in the
overcrowded prison. Some 25 per cent were children between the ages of 14 and 17
detained for misdemeanours such as the theft of a coconut.
34.
As previously noted (see paragraph 28 above), on 25 February 2017, the
Government tried to address the issue of prolonged pretrial detention with the creation of
the presidential commission of inquiry on the situation of detainees in prison settings,
created by President Moïse in response to the growing number of deaths in detention. On
15 May 2017, after the termination of its mandate, the commission presented a report to the
Cabinet of the President. Among its findings, it observed that the average available space
for detainees in Haitian prisons was 0.40 square metres and it described deplorable
conditions, such as a lack of potable water, adequate food, bedding and adequate medical
care for detainees with physical and mental disabilities. The mandate of the commission
was not renewed and there has been no durable action taken on its findings, many of which
8
9
10
8
In 2015, the High Commissioner identified excessive recourse to pretrial detention as one of the main
causes of prison overcrowding in Haiti (see A/HRC/30/19, para. 37).
See CCPR/C/HTI/CO/1, para. 15.
Some 574 of the 676 detainees.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents