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
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