2 August 1996

The International Civilian Mission in Haiti (MICIVIH) presented one month ago a 56-page report on the human rights record of the police to the Haitian Government and police authorities. The report covers the period from the first deployment of the new Haitian National Police (HNP) in June 1995 to the month of June 1996. It focuses particularly on police conduct in relation to arrests, detention and the maintenance of public order, in particular the use of force and firearms. The report also includes a series of recommendations to improve training, supervision, the use of force. the protection of detainees in police custody, respect for the police code of conduct, the prevention and punishment of police abuses and collaboration with judicial authorities. The recommendations also urge the authorities to clarify the status of various security units responsible for upholding public order, as well as attempts to form police units by municipal officials. Finally, the report recommends civic education programs for the population and measures to protect the welfare of police agents.

The report is at the intersection of two of the Mission's major areas of responsibility: human rights monitoring and institution building. Indeed, the report is intended as an analytical tool to assist the HNP leadership in its efforts to improve police respect for human rights and the law.

In the course of the past year, the new police force has worked under difficult conditions. Despite a lack of resources, experience and supervision, as well as occasional hostility from certain sectors of the population, police have, in the main, fulfilled their tasks in a professional and dedicated manner, at times putting their own lives at risk. In the current context, an upsurge in armed crime and acts of violence against HNP members have rendered the task of policing a more complex one. During recent months, seven off-duty police agents have been killed by unknown assailants.

Overall, the human rights situation has remained satisfactory. Serious human rights violations by police agents are the exception rather than the rule, as was the case with security forces during the coup d'Etat period. Those arrested and detained by police are generally well treated. Police agents have, on occasion, refused to serve illegal warrants or to detain suspects arbitrarily. The new police have begun to learn from their experiences and to improve their performance. Such improvements have been notably evident during street demonstrations and other crowd control operations.

Nonetheless, the record is not without blemish. During the HNP's first year, MICIVIH received some reports of abuse of power and excessive use of force resulting in injuries that were sometimes fatal. Moreover, in recent months there have been signs of a decline in conduct and discipline among certain elements of the HNP. The number of people complaining of ill-treatment while in police detention has increased, especially in the metropolitan region. Some of the abuses reported have become more serious in nature. These have included allegations of torture and summary execution, and cases in which police agents appear to have deliberately killed detainees under their control.

The firm stance taken by government authorities and the HNP leadership in the face of these concerns is encouraging. MICIVIH welcomes the positive and energetic response to the report by the HNP leadership and its internal investigations department. Disciplinary measures have been taken against those found responsible for serious abuses, following inquiries by the internal investigations department. The Mission considers that judicial prosecutions must reinforce the HNP's internal efforts to sanction police officers responsible for criminal offences.

Moreover, judicial authorities must help the police prevent and suppress crime by fulfilling their obligation to conduct effective criminal investigations leading to prosecution of those suspected of criminal offences.

MICIVIH notes that real progress has been made regarding the enjoyment of basic freedoms and respect for individual rights. It is now important for the HNP to continue its efforts to reinforce internal discipline, consolidate its structures and guarantee the primacy of law. Reinforcement of the police force must be accompanied by the judicial and prison reforms necessary for the enjoyment of individual freedoms, and for the long-term strengthening of the rule of law.

A summary of the report, entitled The Haitian National Police and Human Rights, is enclosed.

(Ref: CP96/14)