A/HRC/11/5 courts, there is still a long way to go before the work of the judicial system is conducted at an appropriate speed. 2. Prolonged pretrial detention 42. While the situation relating to prolonged pretrial detention in Haiti has been the subject of much literature and many recommendations, the independent expert nevertheless notes with regret the delays in the implementation of most of the recommendations. It should be pointed out that, according to the figures supplied by MINUSTAH, in November 2008 the rate of pretrial detention was still 80 per cent, being higher in the jurisdiction of the West Department (86 per cent) than in the other jurisdictions of the country (70 per cent on average). The average length of pretrial detention is about two years for felonies and between 12 and 18 months for misdemeanours. Over 4 per cent of detainees awaiting trial are juveniles. More than 3 per cent of remand prisoners are awaiting trial for petty offences, their confinement being unlawful or arbitrary, 80 per cent of remand prisoners’ cases are held up at the prosecution or investigation stage and only 7 per cent of cases are currently being tried. 43. The reasons for these irregularities partly stem from the fact that, rather than order a remand prisoner’s appearance in court directly or under the summary trial procedure, the prosecution department passes the case to the investigation department, where it stagnates and, if a prisoner’s appearance is ordered under the summary trial procedure, no judges are in attendance. There is no permanent service at the main premises in Port-au-Prince or in the provinces and the idea put forward regarding the opening of an additional courtroom for summary trials is a useful one, provided that the judges are present, especially in the light of the findings of the commission on prolonged pretrial detention, in which it will be recommended that some detainees be tried very promptly. 44. The Constitution of Haiti and the Code of Criminal Procedure (CIC) provide for simple and swift court proceedings for minor offences or misdemeanours. However, pretrial detention has become systematized and widespread in practice to the point where it is now the rule whereas it should be the exception. On the excuse that the criminal law is strictly applied and in order to protect themselves against pressure from the police, civil society organizations and the press, which accuse the judiciary of corruption or laxness in releasing alleged criminals, judges are making excessive and abusive use of pretrial detention. 45. On the excuse that a remand prisoner would have to pay fees for a higher amount and more quickly, some attorneys are not taking the trouble to have the bail release provisions of the Code of Criminal Procedure applied or still less to prosecute judicial officers for breach of official duty or unlawful and/or arbitrary arrest. Also, there is no effective inspection of judges’ professional activities and no efficient supervisory service. Owing to the absence of such judiciary oversight and disciplinary mechanisms, the Ministry has often not concerned itself over the fate of persons held in pretrial detention beyond the time limits laid down in the Code of Criminal Procedure. 12