A/HRC/22/65
cooperation with the Association for the Prevention of Torture, which is recognized
internationally as having genuine expertise in this area.9
50.
The independent expert recalls his request that the Government amend the 1987
Constitution with a view to detaching the prison service from the National Police and
having it report directly to the Ministry of Justice and Public Security.
51.
A framework law on prisons, drawn up according to a rights-based approach, would
show what a reformed prison system in Haiti should look like and would establish
standards in regard to health care, meals and family visiting rights.
52.
All the studies show that if the prisons are overcrowded, it is largely because of high
rates of extended pretrial detention. Pretrial detention rates vary greatly from one
jurisdiction to another, notwithstanding the work done by the boards that release prisoners
who have not been tried or who have served their sentence. The disparity between Port-auPrince and the departments is particularly striking. Ninety per cent of prisoners in Port-auPrince are in pretrial detention, as compared with only 57 per cent in the regions. The
independent expert recalls that he would like a more in-depth study to be funded with the
aim of devising solutions for each individual jurisdiction rather than making generalized
recommendations that do not address the variety of situations encountered.
53.
The judiciary should consider different ways of dealing with imprisonment by, for
example, looking at three different phases: the pre-sentencing (pre-judgement) phase; the
sentencing phase (when the judgement is issued); and, lastly, the post-sentencing phase
when the person is in prison. Thought needs to be given to each phase and to solutions
which either exist already but are not applied or that do not exist in Haiti but work well
elsewhere. The independent expert considers it very important that an in-depth study of
criminal code reform should be conducted, which could include a series of measures for
implementation.
54.
In any event, resolving the problem of extended pretrial detention calls, firstly, for: a
more robust response to the problem of corruption in the judiciary; better time management
for judges and prosecutors; more proactive application of all the provisions of the Code of
Criminal Procedure, including habeas corpus provisions; and a revision of the Penal Code
so as to introduce new procedures such as summary hearings and alternatives to deprivation
of liberty such as cautions and community service orders.
D.
The police
55.
Although reforms of the police service have been under way for years, grave
concerns about the institution persist. Regrettably, the case of Serge Demosthene, who was
tortured to death at Pétionville police station in an attempt to force him to confess to the
murder of Guiteau Toussaint, is not an isolated incident. Weekly reports from the
MINUSTAH Human Rights Section detail cases of illegal and arbitrary police arrests,
extended pretrial detention at certain police headquarters or stations, refusal to issue
certificates in cases of rape, police harassment and ill-treatment, and police brutality.
56.
This catalogue of reports shows that there is still an unhealthy climate which the
new Office of the Inspector-General of the National Police will need to tackle. The security
situation has deteriorated; the number of people who are shot or stabbed to death is
shocking; and a climate of fear has returned. That those who infringe fundamental rights
enjoy impunity can only favour the return or resurgence of violence. There is a need for
9
10
http://www.apt.ch/en/opcat.
GE.13-10672
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