|
July - September 1999 |
| A quarterly report by the OAS/UN International Civilian Mission in Haiti (MICIVIH) |
The Human Rights Review is a quarterly report issued by MICIVIH which gives
an overview of the human rights performance of the Haitian police, prisons and
the judiciary. It is based on the Mission's work both at headquarters and in
the field in the three areas of its mandate: monitoring, institution-building
and promotion. It is also published in French.
GENERAL CONTEXT
Controversies, debate, and discussions about the elections dominated this quarter,
diverting attention from a deteriorating social climate characterised by numerous
demonstrations, some of them quite violent. By the end of September, although
19 March 2000 was announced as the date for the first round of elections, the
full electoral calendar had still not been published. The issue of the photo-ID
card again drew criticism from the Fanmi Lavalas sector. A civic education
campaign on elections was postponed. The Provisional Electoral Council (CEP)
did, however, begin to put in place the electoral machinery, which provoked
protests and acts of intimidation in certain places where the make-up of the
Communal Electoral Offices (BECs) and Departmental Electoral Bureaux (BEDs)
were contested.
On the night of 5 August, immediately followed the announcement of the appointment
of the three-member BEDs, unidentified individuals tried to set fire to the
premises of the Artibonite BED in Gonaïves. The fire was put out by a night
watchman before it caused any serious damage. The BED secretary reported that
shots were fired at his house the same night. An attempt was also made to set
fire to the Jacmel BED on the night of 10 August. BEDs were contested in Fort
Liberté, where the first BED president was replaced as he could not provide
the required papers and the second challenged by popular organisations who claimed
he was Duvalierist and lived in Port-au-Prince. The swearing-in of the BED was
delayed by popular organisations' protest until 15 September.
The most serious electoral incidents occurred in Jérémie where
tensions began to mount in mid-September as a result of calls from the regional
political movement Kowodinasyon Resistans Grandans (KOREGA)
for the dismissal of the BED, which it portrayed as having been imposed by the
"macoute" Espace de Concertation. On 15 September, the town
awoke to find tyres burning in the streets and fresh graffiti on walls attacking
the BED, which was assigned 15 members of the Unité départemental
du mantien de l'ordre (UDMO) for its protection. Matters came to a head
on 27 September, when several hundred KOREGA supporters took part in a violent
demonstration in front of the BED office. Police claimed that demonstrators
threw stones, bottles and teargas, that some had firearms and that one of the
KOREGA leaders assaulted an inspector. After arresting two protesters who had
allegedly forced their way into the BED premises, the police broke up the demonstration
by using their batons and firing shots in the air, and made another 42 arrests
as they chased protesters through the town. According to the police, a woman
from the town of Corail who had participated in the protest was fatally injured
on the outskirts of the town when she was run over after falling from a truck
she was boarding. A medical certificate also recorded her death due to injuries
sustained in a traffic accident but KOREGA attributed her death to police brutality.
All but two of the detainees were released from the commissariat late
in the evening of 27 September, after eight hours of negotiations between KOREGA
leaders and police officials. The KOREGA mayor of Jérémie announced
the next day that he was closing the Town Hall to protest police brutality,
and the fact that police had pursued fleeing protesters into the Town Hall building.
Several other Grand'Anse mayors reportedly followed suit.
Popular organisations close to Fanmi Lavalas held protests in Gonaïves,
Saint-Marc, Petite-Rivière de l'Artibonite and Grande Saline in the last
week of September to protest the newly-announced composition of the BECs. The
protesters claimed that three quarters of the Artibonite BEC members came from
the Espace de Concertation. A member of the popular organization Bale
Wouze was arrested during a demonstration outside the Saint-Marc BEC on
29 September, as a result of which further protests were held to denounce his
arrest. Certain news media also reported that there was an attempt to set fire
to the Saint-Marc BEC on the night of 26 September which was followed by a pro-BEC
demonstration the next day.
In addition to protests surrounding the elections, social unrest on other issues,
though often generally localised, became more widespread in September. A spate
of strikes and work stoppages also began, particularly in the departments of
the North and North East (medical staff, customs workers, local government workers,
firemen). In Port-au-Prince, there were strikes by doctors, support staff and
nurses at the capital's general hospital in August and September. Teachers were
also threatening to go on strike at the start of the school year in early October
because of unmet promises made earlier by the authorities.
Some of the protests and unrest may have been politically motivated (particularly
regarding control of key posts in state institutions). Others clearly resulted
from frustrations at the lack of state action to provide proper facilities locally.
Violent protests with burning barricades and stone-throwing were organised by
a variety of popular organisations and other groups in Port-au-Prince. These
included local residents in Cazeau protesting at the state's failure to repair
roads in the area, residents of the airport area protesting at the failure of
the authorities to remove four bodies from the site of an accident 24 hours
after it had occurred, street traders protesting the appointment of a new director
of the Marché Hippolyte. Residents of Bel Air protested the
closure of an educational centre, and Fanmi Lavalas supporters protested
the killing of a police officer and also the rumoured dismissal of the director
of the state telephone company (Téléco). Police handling of the
protests - some of which lasted several days - was generally restrained with
few arrests reported in spite of the violence of some of the protestors. As
a result, those responsible for the violence enjoyed almost total impunity.
However, CIMO was accused by some of heavy-handed measures to restore order
during the three days of violent protests outside Téléco. One
person who was shot claimed police fired into the crowd but so far MICIVIH has
not located any witnesses to confirm this allegation. At least four people were
injured with stones, including the Port-au-Prince police commissioner, during
the disturbance.
Acts of intimidation were again reported in the capital, including an explosive
device thrown at the Chamber of Commerce on 4 September, shortly after it had
issued a statement protesting at continuing insecurity. The following day, shots
were fired at a vehicle belonging to the head of the Organisation du Peuple
en Lutte (OPL) but driven at the time by the OPL spokesperson Sauveur Etienne.
Though the attack took place in an area notorious for frequent incidents of
armed crime, a political motive was not ruled out. In what were also seen as
probable acts of intimidation, shots were reportedly fired outside the house
of CEP member Emmanuel Charles on the night of 24 August, and outside the home
of the CEP's vice-president, Débussy Damier, on 10 September. No new
threats against human rights organisations were reported to MICIVIH during this
quarter.
MICIVIH's activities were circumscribed throughout this period by its reduced
presence in the field with the closure of five regional offices. Offices remained
open in Port-au-Prince, Les Cayes, Gonaïves and Cap Haïtien. Port-au-Prince
observers also covered the department of the South-East and the lower Plateau
Central (Mirebalais); those in Les Cayes covered the Grand'Anse, observers in
Gonaives covered the North-West in addition to the Artibonite, and observers
in Cap Haïtien covered the North-East and the Upper Plateau Central. Fewer
resources had an impact on the extent of MICIVIH's programme of human rights
promotion and advocacy activities. Nevertheless, the Mission covered all three
areas of its mandate.
POLICE
Internal shortcomings and external pressures continued to take a toll on the
institutional development of the HNP. There was, however, a significant drop
in the number of serious human rights violations and some signal success in
fighting crime and drug trafficking during the period under review.
In many police stations, police officers expressed concerns and demotivation
because of lack of public support, severe logistical constraints, lack of management
support for rank and file police and the spate of killings of police agents.
Allegations of police involvement in drug-trafficking continued to dog the force.
A police commissioner and at least nine other police officers were jailed for
drug trafficking during this quarter. In addition, three police commissioners
and an inspector were suspended on 17 September after being found outside of
their jurisdictions in a Plaine du Nord hotel at the time of a police raid during
which a quantity of cocaine was found. Thirteen other police commissioners threatened
to resign if the four were charged. The offices of Radio Vision 2000,
which was the first to report that the four had been arrested, were shot at
after allegedly receiving two threatening phone calls within 30 minutes of issuing
the report.
A short-lived work stoppage by police in the Plateau Central did not spread
to the rest of the country but drew attention to long-standing police grievances
about working conditions. The recently announced increase in salaries for judicial
officials was also a contributory factor. Efforts to improve the working environment
continued: several new sous-commissariats were opened - e.g. Cité
Soleil, Delmas, Martissant and La Colline. Other police
stations such as Ennery, Aquin and Saint
Louis du Sud were given new premises or were refurbished. The widespread
problem of lack of resources was partially addressed. After many months without
any form of transport, motorcycles were distributed to certain police stations
in the Grand'Anse, South East and Centre.
In addition, a salary increase was announced, to be implemented at the end of
September. However, the 12-hour shift continues to be a bone of contention.
Routine visits were made by observers to 72 police stations and sub-police
stations during this period. Some police stations, particularly those in towns
where MICIVIH's regional offices are based, were visited on a regular basis.
The stations visited were:
Port-de-Paix, Jean Rabel (North-West); Cap Haïtien
(Arsenal, Airport, Barrière Bouteille, Pont Neuf ), Limonade, Plaisance,
Pilate, Saint Raphaël, Grande Rivière du Nord, Limbé (North);
Fort Liberté, Ouanaminthe, Terrier Rouge, Trou du Nord, Capotille (North-East);
Gonaïves, Gros Morne, Anse Rouge, Terre Neuve, Petite Rivière de
l'Artibonite, Desdunes, Marchand Dessalines, Ennery, Marmelade, Verrettes, Desarmes,
La Chapelle, L'Estère, Pont Sondé, Saint Marc, Freycineau, Montrouis
(Artibonite); Hinche, Mirebalais (Centre); Pointe
à Raquette, Anse à Galets (Ile de la Gonâve), Port-au-Prince
central, Cafétéria, Antigang, Carrefour, Saint Charles, Gressier,
Martissant, Cornillon, Thomazeau, Cazeau, Cité Soleil (2 stations), Delmas,
Pétionville, Kenscoff, Arcahaie, Cabaret, Bon Repos, Croix des Bouquets,
Léogâne, Petit Goâve (West); Jacmel (South-East);
Les Cayes, Cavaillon, Saint Louis du Sud, Camp Perrin, Arniquet, Torbeck, Port-Salut,
Port-à-Piment, Tiburon (South); Jérémie,
Beaumont (Grand'Anse)
Killings of police
Six police agents were killed in Port-au-Prince (three of
them in the last week of September) and one in Belladère
during this quarter, making a total of 14 since the beginning of April and 17
since the beginning of the year. These figures compare with 14 for the whole
of 1998, and 21 in 1997. All but one of the 17 killed this year were off-duty
at the time, though at least two were on their way to work. Three agents have
been killed at Portail Léogâne bus station in Port-au-Prince, the
latest victim being Edgar Chéry, who was shot dead on 24 September and
his service weapon, radio and wallet stolen. While robbery was the motive in
some cases, a few were killed as a result of personal disputes, and several
may have been gang or drug-related. The fact that police agents carry their
weapons while off-duty appears to have made them a target.
Police and respect for human rights
The unprecedented spate of disappearances, summary executions and other types
of killings attributed to police agents between mid-April and early June diminished
sharply following the arrest of some of those implicated in the Carrefour-Feuilles
killings (see Human Rights Review, April-June 1999). These arrests
may have had a deterrent effect. It should be noted also that one of the police
officers arrested was also alleged to be involved in an armed brigade de
vigilance implicated in 16 killings and four disappearances in Port-au-Prince
in the second quarter. Four new killings by police were reported during this
period, one in Morne à Cabrit (during an attack by armed
robbers on a tap tap) and three in Port-au-Prince.
In one of the latter cases, a police agent shot dead a woman in Delmas
when he fired his gun reportedly to break up an argument between the victim
and another woman.
Though it is not possible to give detailed statistics, information collected
during visits to police stations show that the patterns of ill-treatment previously
reported continued in some places. Beatings and other forms of ill-treatment
were attributed to agents assigned to the folowing stations: Saint Marc
(1), Gros Morne (1), Les Cayes (1), Belle
Anse (South-East) (4), Port-au-Prince (2), Pétionville
(7), Delmas (1), Croix des Bouquets (4), Cafétéria
(1), Cité Soleil (12), Cabaret (1),
Cap Haïtien (30), Hinche (1). In Port-au-Prince,
25 out of 28 detainees who alleged ill-treatment had signs of ill-treatment
when interviewed by MICIVIH. The high number of detainees who have marks of
ill-treatment suggests that most police are sure that they will not be punished.
This perception is reinforced by the fact that no disciplinary action has been
taken against repeat offenders brought to the attention of police authorities.
Some particularly brutal methods were reported during this period - there were
several allegations of cigarette lighter burns, electric shocks, semi-strangulation
and/or hooding, in Pétionville, Cité Soleil
and Cafétéria police stations.
The resurgence in the number of reported cases of ill-treatment in Cap
Haïtien is particularly disturbing and reflects the heavy-handed
policies (gros poignet) of the Municipal Commissioner. Several of the
victims towards the end of the month were so badly ill-treated that they had
to be taken to hospital by police. The police commissioner reportedly put in
place two new special night patrol units which were cited as being responsible
for ill-treating 13 of the 30 victims, many of whom had signs of injury when
interviewed by MICIVIH. A senior police official acknowledged that the units,
which are responsible only to the commissioner, use more brutal methods than
others. At least five detainees said they were kicked and beaten when arrested
during a 30 August police operation led by the commissioner and involving members
of one of the units. Three street children were among the victims of abuse.
In another case, involving two brothers, their sister and mother, reportedly
ill-treated on 17 September, the agent identified as being responsible had been
named in a series of cases presented by MICIVIH to the Inspection Générale
in mid-1998. The victims filed a complaint before the Parquet. On 21
September, MICIVIH's Cap Haïtien regional office presented an aide-mémoire
to the Departmental Director summarising cases of ill-treatment investigated
since August and is awaiting the outcome of investigations which the director
said would be carried out.
|
Allegations of ill-treatment by the police, January -September 1999 (with 1998 figures in parentheses) |
||||||||||
| Department | Jan. | Feb. | March | April | May | June | July | Aug | Sept | Total |
| West | 4 (10) | 8 (5) | 11(17) | 6 (4) | 10(7) | 6 (16) | 7 (8) | 10 (24) | 11 (18) | 73 (109) |
| North-West | 0 (0) | 1 (0) | 2 (0) | 0 (0) | 1 (0) | 0 (0) | 0(2) | 0(0) | 0 (0) | 4 (2) |
| North | 3 (3) | 13 (0) | 5 (4) | 2 (3) | 2 (8) | 0 (0) | 0 (5) | 18 (4) | 12 (12) | 55 (39) |
| North-East | 1 (0) | 1 (0) | 0 (0) | 0 (0) | 0 (0) | 0 (0) | 0 (3) | 0 (0) | 0 (6) | 2 (9) |
| Artibonite | 0 (16) | 0 (14) | 12 (7) | 9 (1) | 12 (16) | 5 (2) | 1 (0) | 1 (13) | 0 (5) | 40 (74) |
| Centre | 4 (3) | 12 (24) | 2 (2) | 3 (1) | 1 (0) | 2 (1) | 1 (1) | 1 (0) | 4 (2) | 30 (34) |
| South-East | 9 (0) | 1 (1) | 0 (3) | 0 (0) | 2 (0) | 0 (1) | 4 (1) | 0 (0) | 0 (0) | 16 (6) |
| South | 0 (1) | 4 (2) | 2 (10) | 5 (1) | 1 (8) | 0 (7) | 0 (7) | 1 (4) | 0 (3) | 13 (43) |
| Grand'Anse | 3 (1) | 3 (3) | 2 (5) | 1 (1) | 0 (0) | 0 (2) | 0 (1) | 0 (1) | 0 (1) | 9 (15) |
| Total | 24 (34) | 43 (49) | 36 (48) | 26(11) | 29 (39) | 13(29) | 13 (28) | 31 (46) | 27 (47) | 242 (331) |
Since the end of June, when five regional offices were closed, MICIVIH has
only been able to monitor some police stations sporadically, so these figures
are not necessarily complete.
In Hinche, a judicial official acknowledged that police reinforcements
had "committed acts of barbarity" on a woman who got into a fight with a police
agent and justice of the peace who went to search her home. She claimed that
she was beaten and kicked until she fell unconscious, and subsequently spent
two days in hospital. The judicial official refused to investigate her claims,
however, on the grounds that she had attacked a judge in the course of his work.
On a more encouraging note, reports of beatings in the Artibonite, and in Gonaïves
in particular, dropped dramatically since the arrival of the new Departmental
Director in mid-July (see HRR, April-June for assessment of previous
quarter). In the course of visits to 17 police stations during this quarter,
only one allegation of ill-treatment in police custody was reported. Following
allegations of a case of ill-treatment which reportedly occurred during a police
operation in a private house, the departmental director carried out an investigation
and suspended the police agent responsible for twenty days. In addition, conditions
in the garde à vue in Gonaïves, which for sometime had
been filthy and malodorous, improved considerably. Improvements in the treatment
of detainees were also noted in Saint Marc following the appointment
of a new commissioner.
Inhumane and negligent treatment of detainees also included leaving them without
proper medical care. In September, four detainees, one shot and wounded by Cité
Soleil police on 24 September and three shot by Carrefour
police on 6 September were given access to professional medical attention once
but then kept for long periods in holding cells without access to follow up
treatment, for example cleaning and redressing of wounds. They were all still
in custody at the end of September. Alerted by Carrefour UN civilian police
officers (CIVPOL) to the serious condition of another detainee, who suffered
internal injuries in a car accident in which his passenger was killed, MICIVIH
facilitated his transfer to the National Penitentiary infirmary after assisting
police to obtain a detention order. The detainee had been in police custody
for ten days before the transfer because a judge who ordered his detention then
departed on vacation. In Cap Haïtien, police took a detainee
to hospital after he had been violently beaten by a crowd on 20 September but
he was returned without treatment because of a hospital strike. Police left
the detainee bleeding profusely in a cell, and mocked and insulted him in front
of observers, who eventually persuaded them to provide water to wipe the blood
from the detainee's face.
Police custody conditions
As indicated, police custody conditions improved in Gonaïves,
and also in some of the newly refurbished police stations. Cells were also reportedly
clean and in good condition in several other stations in the Artibonite, and
in many stations in the department of the South, for example. The exception
in the latter department was Les Cayes, where the cells continued
to be extremely filthy. A Jamaican detainee had to be kept in the corridor because
the unhealthy cell conditions were affecting his asthmatic condition. In several
other places, conditions of detention deteriorated during this period suggesting
increasing laxity in supervision and deteriorating police work ethic. Some of
these attitudes appear to be related to a belief that criminal suspects do not
deserve to be treated humanely. When MICIVIH observers visited Port-de-Paix
on 6 September, they found that 12 men and three women were being held in one
cell, with only limited access to latrines. Several had been held for well over
48 hours without seeing a judge. Sanitary conditions in the Jacmel
detention cells also deteriorated in September. On 27 August, MICIVIH wrote
to the Director of the HNP raising concerns about the fact that 37 males, including
five convicted prisoners and several charged with serious crimes, were being
held in one dark and stuffy cell with virtually no ventilation in Croix
des Bouquets police station. A bucket served as a toilet, making the
conditions even more intolerable. Apart from the newest arrivals, all the detainees
complained of health problems, particularly headaches, stomach and skin problems,
which could be attributed at least in part to their detention conditions. However,
in the course of the following weeks, the number of detainees was reduced drastically,
with police officers making greater efforts to take those arrested before the
courts.
In Saint-Michel de l'Attalaye (Artibonite), where HNP have
been absent since the police station was ransacked and torched in November 1998,
judicial and municipal officials have been holding detainees in insanitary conditions
in the Town Hall toilet. When MICIVIH visited on 1 July, four men and two male
minors were detained in the toilet, which measures 1m x 3m. They had been held
there for between one and eight days, without access to water and relied on
their families to bring them food. One had been kept handcuffed since his arrest
24 hours earlier. A woman was being detained in the corridor outside. No record
was being kept of these detentions. The local authorities said they regretted
the conditions in which detainees were held and that they wanted the police
to return to Saint-Michel, as had been promised. Judicial officials said those
accused of minor offences such as voies de fait were held for several
days until a settlement was reached with the plaintiff, while those charged
with more serious offences were taken to the Gonaïves commissariat
by the court bailiff in public transport if the money for the fare could be
raised. Police authorities in Gonaïves, who expressed
their concern, told MICIVIH that they had no vehicles available to fetch detainees
from Saint-Michel. On 18 August, Gonaïves HNP officials accompanied MICIVIH
to Saint-Michel where they explained to the Town Hall security agents who make
the arrests that they must adhere to certain standards of detention and that,
in particular, the holding area should be kept clean and the detainees could
not be left handcuffed. They told an informal gathering of residents that police
intended to redeploy there before the elections. The lack of a police presence
in rural areas and increasing fears of crime had led locally elected officials
to assume police responsibilities, an unavoidable but disturbing trend.
The provision of food for detainees in police custody continues to be problematic
for those detainees without family living locally. Some detainees in Port-de-Paix
and L'Estère said they had not eaten for several days
for this reason, though in the latter case, police said they had given the detainee
bread and water. In Port-de-Paix the prison normally sends
meals to the garde à vue detainees but difficulties emerged
because of a shortage of food stocks at the prison, a shortage of plates and
the police not always notifying the prison of the exact number of detainees
in custody. Food problems were reported by police and detainees in Gonaïves
also, because of cutbacks in the supplies provided by the Direction de l'Administration
Pénitentiaire (DAP) which are also used for detainees in the police
station.
Respect for 48-hour rule
MICIVIH met with the Departmental Director of the West and also the deputy
director of the Judicial Police (DCPJ) on 19 August to raise serious concerns
about the widespread disregard of Port-au-Prince police stations
for detainees' constitutional right to be heard by a judge within 48 hours of
arrest, especially in the case of detainees facing serious criminal charges.
Such problems have also been noted elsewhere, especially Jérémie
and Cap Haïtien. Some detainees are held for investigation
(enquêtes) into unspecified crimes for several weeks without
seeing a judge on the grounds that police need the extra time to assemble evidence
against them, and to make sure they stay off the streets. It is clear that detainees
are also held to pressure them (through psychological and physical abuse) to
give information or confess. Sometimes the detainees are released after prolonged
detention in police custody without ever seeing a judge. As is often the case,
the most extreme instances of prolonged garde à vue detention
reported in Port-au-Prince were in cases under investigation
by the judicial police (DCPJ).
Disrespect for the 48-hour rule in the metropolitan area was particularly flagrant
in the Pétionville and Delmas stations.
At the Pétionville station alone, some 50 cases were
noted in which the detainees did not have access to a judge within the 48-hour
limit during the month of September. On 27 September, for example, observers
found that 27 of the 29 detainees in the Pétionville
garde à vue had been held more than 48 hours without seeing
a judge. Four had been held for more than a month, ten for more than two weeks
and a further three for more than a week.
In Delmas, at least 20 cases were noted in September, four
of whom have been held for more than a month. In August, 31 detainees were held
there for more than two weeks without seeing a judge. Fourteen of the 17 detainees
in the Delmas garde à vue cells on 19 August
had been held longer than 48 hours without seeing a judge. When asked for an
explanation, Delmas police claimed that they had twice taken detainees to the
Delmas tribunal de paix only to find no judge present.
Contributing to the increase in number of detainees being held illegally in
Pétionville and Delmas holding cells
this month were an increase in the number of arrests, a lackadaisical attitude
on the part of police investigators, a disregard for legal procedures and/or
judicial orders, significant logistical constraints due to an insufficient number
of vehicles and other support systems, and, in some instances, a lack of clarity
and coordination with regard to the assignment of dossiers. In a clear example
of the latter, Pétionville HNP told observers that dossiers for three
detainees held in custody for several weeks were in the hands of the judicial
police, but the judicial police director informed observers that his unit had
not taken responsibility for the cases. In the case of three Delmas
detainees held in police custody since mid-August, the judicial police were
fully responsible for the delay in taking them before a judge. The situation
is compounded by the fact that police, including senior officials, appear to
be unclear about the criteria and time-frame for the transfer of a dossier to
the judicial police unit. A Croix des Bouquets female detainee
charged with murder was held for three months in a garde à vue
cell before her dossier was actually transferred to the judicial police.
Again this quarter, no progress occurred in the metropolitan area's three cases
of extremely prolonged detention in police stations. Former member of the Force
Armée d'Haïti (FAd'H) Steve Conserve, arrested in May 1996
on charges of threatening state security, remained in the Port-au-Prince
station, while Colombian citizen, Ricardo Gomez Cornejo, arrested in February
1999, and former Port-de-Paix judge, Luckner Pierre, arrested in October 1998,
remain detained in the Pétionville station. Judicial
release orders for Luckner Pierre and for Steve Conserve have never been executed
despite repeated MICIVIH representations over the illegal and arbitrary nature
of these detentions.
Police detention registers
Observers noted a deterioration in the maintenance of registres de rétention
(police detention registers) at the Port-au-Prince, Croix des Bouquets
and Pétionville stations. Sections on judicial contact
and transferral of detainees are not filled-in completely making it impossible
to determine how many detainees should be in the police stations at any given
moment. The new Cité Soleil Route Nationale
station has yet to receive a registre de rétention. It
has become increasingly common to find cases of detainees not registered at
all in different parts of the country. During this current period, such cases
included five HNP agents who were arrested by Cap Haïtien
police in a drugs raid and held for several weeks without ever being registered.
In some cases, detainees were not entered in the register or taken before a
judge because their detention was viewed by police as a purely "disciplinary"
measure. A 17-year-old woman accused of theft, when interviewed on 4 August,
had been held for six days in the L'Estère police station
without being registered. Such detentions are arbitrary and illegal. Arcahaie
police also failed to register detainees consistently
The detention register was filled up in Ouanaminthe in June
and has not been replaced yet. The register had been fairly well-maintained
in Jacmel police station until it ran out on 3 August. It had
not been replaced by the end of September and no alternative method of recording
detainees had been put in place. The detention register in Port-de-Paix,
which filled up at the end of last year, had still not been replaced. As before,
the police were using photocopied register pages but with less care than in
the past. Almost all the entries during the last three months had significant
errors or omissions. No entries had been made for over a week when MICIVIH visited,
none of the 15 individuals being held at the time had been registered, and none
of the 15 (seven of whom had been held for between five and seven days) had
seen a judge. When MICIVIH returned to the commissariat on 30 September,
it found that none of the 13 detainees then being held had been entered in the
register, and that no entries had been made for two weeks. The new departmental
director for the North-West blamed poor training but lack of supervision may
also have contributed. All inspectors had been transferred recently and there
was no municipal police commissioner.
There were still many omissions in the detention register at the Jérémie
commissariat, including the type of arrest ( flagrant
délit or otherwise), judicial decisions, transfers to prison and
releases. Of the 12 detainees in the garde à vue at the time
of MICIVIH's visit on 20 September, three had not been entered in the register,
including two who had been arrested two days earlier. Serious shortcomings were
also noted in records maintenance in Les Cayes. On 15 July,
for example, there were no detainees in garde à vue but according
to the register there should have been five. The police had failed to enter
court appearances, transfers to prison and releases. Mirebalais,
Léogâne, Cavaillon and Saint
Louis du Sud were among the stations where the register was noted to
be well-kept, as were registers in most of the smaller stations in the Artibonite.
Generally speaking, the register was much better maintained in the small commissariats
and sous-commissariats than in the main police stations in the departmental
capitals. However, register entries in the smaller stations usually showed an
extremely low number of arrests suggesting either that the crime rate was very
low or that the police were doing very little policing when they had no vehicles
(which is usually the case in the smaller stations). The latter interpretation
was supported by the testimony of residents and juges de paix, who
often complained of police inability or reluctance to carry out investigations
or execute arrest warrants beyond a limited radius around the police station,
despite reports of assault, rape and other violent crimes coming from rural
areas.
Police en isolement
As of the end of September, seven police agents were being held in isolement
in Port-au-Prince, four of them since June. In one case, a
CIMO officer suspected of murder, the agent appeared to be held in extremely
lax conditions of detention. Two were being held in connection with the Carrefour
Feuilles massacre (complicity in an escape). None of the seven had seen a judge
and it was unclear whether any judicial proceedings had been launched against
them.
Outside the capital, one police agent was being held in Jacmel
police station as of the end of September, accused of taking bribes. A Gonaïves
HNP was placed in isolement after the non-fatal shooting of an individual
on 22 September in Saint Michel de l'Attalaye. An HNP has been
held in Fort Liberté police station for four months
for abandoning his post and also drugs-related charges. A police official there
told MICIVIH it was an internal disciplinary affair. An Hinche
police inspector was placed in isolement in Port-au-Prince on 13 September.
Initially accused of instigating the work stoppage by police in early September,
the charges were almost immediately changed to usurpation de titre
for assuming the position of municipal commissioner. However, he appeared to
have an official letter appointing him to the position ad interim.
Although still in isolement at the end of the month, he was eventually
released and, according to press reports, promoted. Another Hinche
police agent was placed in isolement on 26 September and suspended
for 20 days for "lending" his service weapon to someone who used it during an
incident at a night club. A third police officer (assigned to Cavaillon) escaped
on the way to court after being held for three days, from 18-21 September, in
isolement in Hinche after shooting a 16-year-old suspected
thief in the stomach. The Chef de poste was then put in isolement
for three days for not having been sufficiently vigilant when transferring the
other police officer to the Hinche parquet.
Police in detention
At least 58 HNP officers, some of whom have been revoked since arrest, were in prison as of the end of September, 11 of them in connection with human rights abuses (see below). Fifty-four of them were being held in Port-au-Prince prisons, six for the Carrefour Feuilles massacre (see below), four for abuses which occurred during the coup d'état period, most of the others, including the Carrefour police commissioner, for criminal association, armed theft and/or drug trafficking.
One police agent was in prison in Les Cayes for a death in
custody (see below), one in Jérémie, for the
1998 non-fatal shooting of an individual; and two in Saint Marc,
one for complicity in an escape, the other accused of drug trafficking. The
police commissioner of Anse d'Hainault, arrested for drugs
possession during an accident, escaped from a Port-au-Prince hospital where
he had been taken for treatment in September. Five HNP were imprisoned in Cap
Haïtien in September on drugs-related charges.
Investigations into abuses
As of the end of September, six police officers were in the National Penitentiary
and two en isolement in Pétionville police station in connection
with the eleven executions which took place on 28 May in Carrefour Feuilles.
Hopes that the case would be speedily investigated with the appointment of a
commission of judges have not been met. A judicial source told MICIVIH that
the dossier was not transferred from the parquet to
the commission until 3 August, when they questioned four detained police officials
for the first time. The judges have been given three months to complete their
inquiry. A police agent who was being held en isolement in
Pétionville police station was sent to the National
Penitentiary on 9 August after being questioned by the commission. The two HNP
agents in isolement since June were still being held,
for facilitating the release of one of the main HNP suspects. Three
other HNPs detained or in isolement were released in August. Results
of the internal police investigation have also yet to be announced. Families
of the victims have been protesting about the slowness of the proceedings, and
some senior police officials have expressed their doubts about the transparency
of the investigations.
In spite of the fact that judicial and police officials took key witness statements,
there was no other progress in investigations into the arrest and disappearance
of eight young people in Croix des Missions in April and the
finding of human remains in Titanyen (see HRR, April-June
1999). MICIVIH facilitated contacts between police and also a deputy state
prosecutor and a young woman who identified clothing of some of the victims
found in Titanyen and who had escaped when the eight were arrested. The state
prosecutor at the time refused to meet with the woman. These cases and also
those of 16 individuals who were killed and four others who disappeared in Bois
Neuf in May were raised with the Ministry of Justice, the head of the
HNP and the Inspection Générale during meetings and in
the form of aide-mémoires in July. A press release was also
issued on 21 July to draw the public's attention to the seriousness of these
incidents of killings and disappearances.
Of particular concern are isolated reports that the Ministry of Justice intervened
with judicial officials on behalf of police officers facing charges in the courts.
In Cap Haïtien, an examining magistrate was dismissed
by the Ministry of Justice after he failed to obey an order to move from Cap
Haïtien to Grande Rivière du Nord. In
June, the official in question had issued a mandat d'amener against
the Cap Haïtien municipal police commissioner because the latter had failed
several times to respond to a request to appear in court (see HRR, April-June
1999). The summons was related to the alleged assault of a bus driver,
a case which was investigated by MICIVIH observers at the time and found to
be credible. The judge said that he had collected several witness testimonies
in the case. The transfer order was issued after the judge refused to withdraw
the warrant as illegally requested by the Ministry of Justice. The judge contested
his transfer on the grounds that it was not legal and that he had done nothing
wrong. He was subsequently dismissed in August. As a result of this affair,
the Cap Haïtien judiciary threatened action and relations
between the police and judiciary reached an all-time low. MICIVIH is extremely
concerned about the failure of the Justice Ministry to support the efforts of
a judge to pursue an inquiry into police abuses, reinforcing the unhelpful perception
that police officers are above the law and undermining the independence of the
judiciary.
In a rare case of speedy judicial investigations, on 5 July, an examining magistrate
ordered a jury trial for an HNP who is accused of murder in connection with
the beating he allegedly inflicted in April in Camp-Perrin
police station on a detainee who died two days later in Les Cayes prison (see
HRR, April-June 1999). The order was not issued in time for the case
to be tried in the assizes that began on 9 July. Judicial officials told MICIVIH
they had resisted pressure to drop the charges from a series of individuals
who claimed they had been sent by the HNP. The HNP agent had been detained in
Les Cayes prison since 4 May but, following reports of threats from fellow detainees,
he was transferred on 30 September to the Les Cayes commissariat where
MICIVIH noted that he was free to circulate inside the building.
On 21 July 1999, the acting state prosecutor in Port-de-Paix
closed the case against an HNP accused of killing a suspected thief by dropping
a rock on his head while arresting him on 6 June 1999 (see HRR, April-June
1999). The prosecutor concluded that the suspect resisted arrest and the
HNP acted in self-defence, overriding the findings of a three-member police
commission of inquiry which reported that the HNP had inflicted "deliberate
blows and injuries causing death". MICIVIH also concluded as a result of its
inquiry that the police agent had clearly used excessive force. The police agent
had been placed in isolement for a short period but was then released.
He has since returned to active duty. In another Port-de-Paix case - that of
a police agent accused of a non-fatal shooting in October 1998 (see HRR,
January-March 1999) - MICIVIH learnt that the acting state prosecutor closed
the case on 31 May after the plaintiff reached a compensation agreement with
the HNP and withdrew his complaint. Although the previous departmental director
had recommended his dismissal, the HNP returned to active duty and was transferred
away from the provincial capital.
A police agent accused of shooting an individual dead during a traffic dispute
in December 1998 in Port-au-Prince and who had been detained
since the beginning of the year was released by a judge in mid-September. Police
officials told MICIVIH that as a result of a police inquiry into the case, his
dismissal from the HNP had been recommended.
Police/Community relations
Residents of Saint-Marc, including members of popular organisations,
reported an improvement in police-community relations following the installation
of a new commissaire municipal in Saint-Marc on 26 July, filling a
post left vacant since the previous holder was seriously injured on 6 June.
They said there had been no allegations of police brutality, illegal house searches
had stopped, attempts were being made to crack down on drug dealing, and the
police were generally more disciplined. Residents of the Délugé
district had complained to MICIVIH in early July that police were carrying out
regular raids in reprisal for the lynching of a Saint-Marc HNP and the serious
injuries inflicted on two colleagues in an incident on 6 June (see HRR April-June
1999). The police were accused of firing in the air, searching homes without
warrants, chasing and manhandling residents and making arrests without warrants.
Relations between police and the population of Limbé
(North) have remained poor since the ransacking of the police station in 1998.
When police arrested a suspect of the ransacking on 9 August, a hail of rocks
were thrown at the station. UNCIVPOL, MICIVIH and an HNP community relations
specialist from Cap Haïtien are looking at ways of bringing police together
with the population to bridge the gap between the two sectors.
In Mirebalais, where relations between police and the local
population have often been difficult since the February 1998 lynching of a police
commissioner, a police inspector facilitated a meeting between the local water
company and representatives of a popular organisation which had closed down
the water company's offices on 2 September during a violent demonstration. The
offices were reopened after a compromise agreement was reached.
Training of police
Two MICIVIH local consultants led five days of training for ten police instructors
responsible for human rights training at the Police Academy
in Port-au-Prince from 26-30 July. Each of the five days covered a different
theme: a review of topics related to human dignity and human rights; women's
rights; violence against women; violence against children; techniques for leading
training seminars in human rights. Part of the discussions about human dignity
focussed on what constitutes a human rights violation, and also the perception
of the police that society does not recognise that they also have rights. As
in many previous seminars, the issue of the 12-hour shift featured prominently
amongst their concerns.
Prior to this, the MICIVIH trainers had, for the first time, led a series of
training sessions from 5-9 July at the Police Academy on the abuse of children.
The sessions were given to each of five groups of 26 police cadets and sought
to make police aware of the types of abuse suffered by children in Haiti, the
rights of children, the role of police vis à vis minors. The training
included role play and case studies, for example, how police would deal with
certain situations involving street children.
Together with the HNP, MICIVIH's consultants are also preparing two training
modules, to be given over three days, and drafting a guide on the protection
of human rights in the context of the electoral process.
ADMINISTRATION OF JUSTICE
Judicial reform
In a welcome initiative to get the judicial reform process underway, seven
working groups were set up to consider a series of themes related to judicial
reform and to draft appropriate legislation at a meeting on 29 September. It
was convoked by Ministry of Justice officials and attended by international
donors involved in judicial reform, among them two representatives of MICIVIH.
The seven groups, made up of Haitian and international experts, will tackle
various subjects including the Judicial Inspectorate, legal aid, the salary
system for judicial staff, drawing up a code of ethics and statutes for the
Judiciary, a law on the independence of the Judiciary and a system for evaluating
judges and prosecutors, drafting statutes for the Ecole de la Magistrature
and an organic law on the functioning of the Justice Ministry; seeking solutions
to the problem of overcrowding in prisons, drafting a code of criminal procedures
and a circular on the work of the judicial police. MICIVIH will be participating
in four of the seven working groups.
Ecole de la Magistrature (EMA)
In September, in another positive development, competitive examinations were
organised in Port-au-Prince, Gonaïves, Hinche, Cap
Haïtien and Les Cayes to select the second group
of forty students to train as judges and prosecutors. The course, which will
last one year, is due to begin in November. The first and only group of students
to have graduated as judges from the EMA did so in May 1998. MICIVIH observers
provided logistical support for and monitored the examinations in some towns,
as well as collecting completed examination papers, thereby contributing to
the EMA's efforts to ensure a transparent selection process.
Prolonged pre-trial detention
Prolonged pre-trial detention continues to be an indicator of the dysfunctional
nature of the judicial system despite continuing efforts to address the issue
and despite some positive signs of progress. According to a survey of detainees
in pre-trial detention, at the time of the MICIVIH visit, Anse à
Veau, Aquin, Delmas, Les Cayes and Petit Goâve
prisons had five or less detainees held without trial for more than a year.
Mirebalais had none. For the first time in
well over a year, some developments were noted with regard to prolonged pre-trial
detention in the Department of the West with the release of
a number of detainees, though the criteria for selecting those to be released
were difficult to define.
Sixty-five detainees were released from the National Penitentiary
on the orders of the commissaire du gouvernement, one of his substitutes
and a juge de paix on 9 and 10 September. Five had been held
in pre-trial detention for more than three years, 21 for more than two years
and 16 for more than a year. Prison officials and detainees were extremely disturbed
by what they perceived to be an arbitrary selection of detainees to be released
on the part of the judicial officials. Detainees were particularly outraged
by the fact that 13 of the 65 individuals released were arrested in 1999 and
that some of them had been charged with more serious offences than detainees
awaiting trial since 1996.
Also released, on 20 September, were 14 of the 25 detainees held in prolonged
pre-trial detention at the Carrefour Prison. Two of them had
been held since 1995, five since 1996 and seven since 1997. The remaining 11
long-term pre-trial detention detainees appear not to have been considered either
because they had either empty or incomplete dossiers in which the state prosecutor,
who ordered the other releases, could not determine the charge. Such detentions
were highly irregular.
On 19 September, observers handed the Minister of Justice's Director of Legal
Affairs, an up-dated list of 175 National Penitentiary detainees
held in pre-trial detention since 1995 and 1996. Eighty-seven of the 175 detainees
were waiting to be tried by jury criminal assizes, which have not taken place
in Port-au-Prince since July 1998. In the course of updating the list, observers
met with each of the five examining magistrates (juges d'instruction)
to discuss their caseloads of such detainees. One of the five magistrates subsequently
visited the National Penitentiary at the end of September to interview all 15
detainees on the list for whom he is responsible. On 22 September, one of the
legal assistants working with the Bureau du Contrôle de la Détention
Préventive (BUCODEP) also interviewed all detainees held since 1995.
BUCODEP, which had been set up to tackle the most serious cases of pre-trial
detention, had ceased to be active for several months. On 23 July MICIVIH submitted
to the Director of Legal Affairs at the Ministry of Justice an aide-mémoire
on the work of the Unit with a series of recommendations for strengthening its
activities.
Former FAd'H Colonel Léopold Clerjeune, held in pre-trial detention
at the National Penitentiary since August 1998, began a hunger
strike on 22 September to protest what he described as discrimination in the
judicial processing of detained former soldier's dossiers. On 26 and 27 September
a further 24 detainees joined Clerjeune in the strike. By the month's end, six
of the strikers had begun eating but nine were put on intravenous drips as the
hunger strike began to seriously affect their health. All but one of the hunger
strikers were demanding an immediate release or trial. Some had release orders
pending which had never been executed. The other, who is serving a nine-year
sentence, was demanding a re-trial. Among the group were nine former FAd'H who
were arrested outside the Ministry of Finance in July 1998 when protesting about
the non-payment of pensions. MICIVIH found no trace of their dossiers in the
court system. All nine were eventually released, in mid-October.
The problem of excessive pre-trial detention persists, in great part the inevitable
consequence of the negligence and uncaring attitudes of state prosecutors and
judicial officials. Apart from the several hundred detainees held for long periods
in the National Penitentiary, in August, observers determined that three of
the 109 detainees in Fort National prison had been held in
pre-trial detention since 1996, 8 since 1997 and 20 since 1998. In Pétionville,
also in August, 56 of the 112 in pre-trial detention had been held for more
than a year. Of the 56, five had been held for four years, four for more than
three years, and 14 for more than two years, making the average length of time
412 days, compared with 291 days in December 1998.
Outside of Port-au-Prince, Cap Haïtien has the most cases
of prolonged pre-trial detention, primarily because most of the cases are in
the hands of one examining magistrate who has done very little to advance the
dossiers for which he is responsible. As of 2 September, 1 detainee had been
held since 1996, 20 since 1997 and 51 since 1998, i.e. 72 out of 154 detainees
had been held in prolonged detention.
In August, MICIVIH established that, aside from the 17 accused in connection
with the 1994 Raboteau massacre, Gonaïves prison had 60
inmates who had been awaiting trial for more than a year, though the number
had dropped with the holding of criminal assizes at the beginning of the month
(see below). Of the 60, half were accused of murder, attempted murder or rape,
but many of the others had been held for very long periods on such lesser charges
as theft, assault, illegal possession of a firearm and abuse of confidence.
These dossiers were brought to the attention of the judicial authorities who
were encouraged to speed up proceedings. Two detainees held on murder charges
in Gonaïves since September 1996 were released by the
deputy state prosecutor on 11 August. Judicial officials had been unable to
locate the related dossiers for many months. They were finally located at the
parquet and transferred to an examining magistrate prior to the detainees'
release.
In Jérémie, the prolonged absence of the new
doyen (he never took up office since his appointment several months
ago) and a dispute between the state prosecutor and the Bar Association, on-going
since April, continued to paralyse the judicial system, seriously affecting
the speed of judicial proceedings. No hearings were held at the correctional
tribunal during this period and assizes scheduled for July were postponed. With
the tacit support of certain judicial officials, the lawyers were demanding
inter-alia the dismissal of the prosecutor, whom they accused of abuse
of authority, including in relation to a series of arbitrary detentions in August
which MICIVIH investigated and corroborated. Fifteen detainees have been awaiting
trial for more than a year, five of them for more than two years. Among the
five are three minors, whose case was exacerbated by the fact that the judge
dealing with minors is based in Les Cayes. He told MICIVIH he could do nothing
because he lacked transport to visit Jérémie. MICIVIH also raised
its concerns about another minor accused of stealing a radio and detained in
Jérémie prison since mid-February. His detention
order was issued by a deputy prosecutor who was subsequently retired. Since
then, no judicial action has been taken in the case as the dossier has been
mislaid. He was eventually released, on 8 October.
Four individuals were finally brought to trial in Saint-Marc on
6 August for the May 1998 murder of land reform official Chenel Gracien and
his wife. One was convicted and sentenced to six years imprisonment, and the
other three were acquitted. Seven other suspects were previously released for
lack of evidence in April after spending some 11 months in detention, in the
course of which they had staged a number of hunger strikes to protest judicial
inaction. It would seem that, possibly because of political pressure for results,
police and judicial officials carried out many arrests in this case on the sole
basis of denunciation, making little attempt to verify the accusations and obtain
real evidence through investigation.
Criminal assizes
MICIVIH urged judicial and ministerial officials to organise criminal assizes
with juries in Port-au-Prince (where the last assizes were
held in July 1998) and in Cap Haïtien, where jury assizes
have not been held since 1997. According to Haitian law, criminal assizes with
jury must be organised at least every six months.
Criminal assizes with jury did, however, take place in ten jurisdictions, mostly
in July or early August. Problems repeatedly arose in the formation of juries,
and in a number of cases trials were delayed or postponed as a result, suggesting
that ways need to be found to ensure the presence of jurors. Judicial officials
reported that the jury assizes held in Port-de-Paix on 12-16
July were much facilitated by the fact that the Ministry of Justice provided
funds for hotel accommodation and transport for jurors. Such funding by the
Ministry has become relatively rare.
The first jury assizes since April 1998 were held in Jacmel on
19 July - 3 August. Twelve cases with a total of 18 defendants were heard. Five
of the defendants had spent more than a year awaiting trial. Six cases were
heard in jury assizes held in Les Cayes on 9-16 July. No major
problems were reported. Of particular note were jury assizes held in Gonaïves,
the first since September 1997. Ten cases with a total of 16 defendants were
heard. Almost all of them had spent extremely long periods awaiting trial. One
defendant had been held for more than four years, eight for more than three
years and another five for more than two years. The start of most of the trials
was delayed by difficulties in forming juries. On the second day, jurors had
to be fetched from their homes in order that the trial could start. In many
cases, defendants were not given the required eight days advance notice of the
indictment (acte d'accusation) or the trial order (ordonnance de
renvoi). Physical evidence and witnesses were rarely produced and prosecution
cases were poorly presented, while court-appointed defence lawyers appeared
to know little about the cases. Thirteen of the 16 defendants were convicted.
In Mirebalais, only one of 12 defendants being tried at the
assizes was represented by a practising lawyer, while in Hinche,
a defendant was granted provisional liberty but the state prosecutor refused
to release him, as a protest that state prosecutors have no right of appeal
in cases of main levée d'écrou (provisional
release) though he eventually freed the individual. In Grande
Rivière du Nord, all the defendants were acquitted, even though
some of them acknowledged they were guilty. Assizes with jury were held in Saint-Marc
on 2-10 August. Eight cases were due to be tried, but three were postponed because
of a lack of jurors (including that of two men accused of killing a Saint-Marc
court bailiff who have been awaiting trial for four years) and one was postponed
because witnesses did not appear.
Aquin's jury assizes were delayed because of repeated protests
by local lawyers demanding that someone from their ranks be appointed to the
post of state prosecutor, vacant since March. They prevented the assizes from
starting on 26 July by refusing to defend the accused. As a result, the Minister
of Justice sent two lawyers from the Port-au-Prince Amicale des Juristes
to take their place and a second - unsuccessful - attempt to start the
assizes was made on 29 July. Aquin lawyers created a disturbance in the courtroom,
while supporters burned tyres outside and barricaded the nearby Route Nationale
2. Burning tyres also aborted a third attempt on 2 August. On 3 August,
one of the deputy state prosecutors (not an Aquin native) was sworn in as the
new state prosecutor after being assigned bodyguards and a vehicle by the Minister
of Justice. With riot police stationed outside the courtroom, and the two Port-au-Prince
lawyers acting for the defence, the assizes finally got under way the same day.
Four of a total of eight scheduled trials went ahead, three were postponed to
the next assizes because of a lack of jurors and the eighth case was postponed
because the defendant refused to accept a lawyer from Port-au-Prince.
The jury assizes held in Petit-Goâve from 12 July to
2 August, in which a total of 14 cases were heard, were marred by reports of
threats against jury members and friction between the state prosecutor and defence
lawyers. The most serious instance of the latter occurred in the early hours
of 28 July, when the doyen upheld the defence's angry demands for the
jury to reconsider its verdict of guilty, and refused to hear the prosecutor's
objections. The prosecutor was accused of brandishing his handgun in court,
though he denied this. The Ministry of Justice carried out an inquiry into the
affair, though the outcome is not yet known.
Habeas corpus, non-respect for release orders
Port-au-Prince observers conducted a survey at the National
Penitentiary, Fort National and Pétionville prisons in September as a
first step in determining how many detainees remain in prison despite the existence
of release orders. Of the 2,020 detainees contacted, 211 claimed
that they had received release orders but nevertheless remained in prison. Exhaustive
research in registries at the prisons, the parquet and cabinets
d'instruction will need to be done to verify information provided by the
detainees. Observers hope to work in collaboration with DAP legal assistants
on the endeavour.
MICIVIH is extremely concerned by the completely arbitrary and illegal nature
of the continuing detention of persons who have obtained release orders and
whose cases have a political or security dimension. The Mission continued to
press the authorities to execute release orders issued by judges in 22 cases
of former FAd'H and others, nine of whom have spent well over 1,000 days awaiting
trial.
The 22 are: Robert Lecorps, Patrick Moïse, Eric Thertulien, Steve Conserve,
Claude Raymond, Jean Enel Samedi, Léoncefils Céance, Georges Métayer,
Jean Michel Touvenaux, Méradieu Faustin, Léonard Lucas, Rémy
Lucas, Jean-Michel Richardson, Alexandre Paul, Thomas Assabath, Jean-Louis Henry,
Jean-Robert Lhérisson, Bertrand Constant, Rilande Louis, Akis Deronette,
Calero Bibas Fabien and Luckner Pierre. An aide-mémoire detailing
the specifics of these cases as well as copies of some of the release orders
were submitted to the Minister of Justice, who formed a commission of judges
to look into the cases in September. No further developments were reported by
the end of the month, and these cases remained inexcusable illustrations of
flagrant violations of human rights principles regarding individual liberty
and due process. The situation of Evans François, detained without charge
since April 1996, is as offensive as the above cases. It is quite clear that
raison d'état has taken precedence over due process and the
rule of law.
Detentions and other incidents related to Jacmel prison escape
In Jacmel, an order for the provisional release of two civilians and a prison supervisor issued on 20 August had not been executed by the end of the reporting period. The three were detained following the escape from Jacmel prison, on 25 July, of a foreign detainee facing serious charges of drug trafficking. To MICIVIH's knowledge no appeal had been lodged against the release order to justify the continued detention of the three. MICIVIH was later informed that the release orders had been lost.
The suspected drug trafficker, Emmanuel Laugel, two other foreigners, two HNPs
and a third Haitian had been arrested in Cayes-Jacmel in February
on charges that included criminal association, illegal possession of firearms
and conspiracy against state security. Laugel was freed by four individuals
firing automatic weapons as he was being escorted back to the prison from the
adjoining commissariat where he had taken a phone call. Police did
not return fire or give chase.
The HNP chef de poste, a prison supervisor and a prison guard were
arrested the same day on suspicion of complicity and placed in the prison, which
was put under police control. Two civilians were also detained. One, an employee
of the Port-au-Prince law firm which was acting for the six detainees arrested
in February, claimed he had arrived in Jacmel the day before the escape in order
to discuss the case with the state prosecutor. The other civilian said he is
a former police trainer and had been visiting one of the HNPs detained with
Laugel.
The arrests were immediately criticized by one of the Fanmi Lavalas
leaders in the South-East, Joseph Lambert, former president of the Conseil
Départemental, who in press interviews accused the police departmental
director of having acted dictatorially and arrested honest citizens. Thereafter,
graffiti appeared in Jacmel accusing the departmental director of being a drug
trafficker, while anonymous leaflets circulated accusing Lambert and the detained
former police trainer of working for the Colombian drug cartels.
The HNP chef de poste and the prison guard were released from prison
on 16 August on receipt of a main levée de dépôt
issued by an examining magistrate because of lack of evidence. When prison officials
received the provisional release orders for the three other detainees accused
of complicity in the escape, on 20 August, they received instructions not to
execute the orders from higher officials.
In the wake of the escape, the prison inspector and another prison supervisor
were transferred to other prisons. Jacmel's two deputy state prosecutors and
one of the examining magistrates were dismissed by the Ministry of Justice in
letters received on 20 August that gave no reason for their dismissal. It was
not clear to what degree, if any, their dismissals were linked to the Laugel
affair as all three had been the subject of previous allegations of corruption,
especially of taking bribes for the release of individuals accused of drug trafficking.
The state prosecutor was transferred to a judge's post in Port-au-Prince a month
later.
Tribunaux de paix in the Artibonite
MICIVIH visited 22 of the Artibonite's 23 tribunaux de paix during
the reporting period, finding that the main concerns voiced by the juges
de paix related to the very limited ability of the police to guard courthouses,
escort them on field visits, carry out arrests in rural areas and transfer detainees.
Judges voiced such fear of reprisals in the absence of police protection that
it appeared to be having an impact on their independence and impartiality and
undermining their will to carry out their duties. The judges reported that arrest
warrants are not executed or arrests are carried out illegally by persons with
no arresting powers, such as local government elected officials (CASEC members)
or auxiliaries, while delays in carrying out transfers result in detainees spending
overlong periods in small police stations with sometimes inadequate conditions
of detention. They acknowledged that the police lack vehicles and other resources
but said that police agents, many of them from urban backgrounds, refuse to
go far on foot or ride a mule in the execution of their duties, unlike the judges
themselves. The judges also reported difficulty in maintaining regular contact
with the parquet, with the result that judges in the remoter localities
are often unable to transmit judicial files to the parquet in time,
contributing to the excessive length of the periods some detainees spend in
garde à vue.
Impunity
The month of September has a particular significance with regard to impunity
in Haiti given that the anniversary of the coup d'état falls
at the end of the month, and that the killing of Antoine Izméry in 1993
and the Saint Jean Bosco church massacre in 1988 also occurred in the same month.
As part of the activities to mark the eighth anniversary of the coup d'état
this year, the Fondation 30 Septembre, a victims' defence association,
organised a two-day exhibition of photographs of the coup d'état
period at the Port-au-Prince City Hall and a mass in the Champ de Mars. The
latter was disrupted by a carnival-type demonstration with political and electoral
overtones bringing together several hundred revellers to call for justice for
victims of the coup d'état. Events were also organised in the
provinces, including in Mirebalais where a peaceful demonstration of some 40
people was organised by the Fédération des victimes du coup
d'Etat du 30 septembre de Mirebalais.
MICIVIH issued a press release in memory of the victims, and expressed the
hope that lessons learned from the past would help Haiti to find a way forward
in the current fragile and difficult process of democratisation, which should
be guided by a spirit of dialogue, tolerance and the principles of the rule
of law. Many of the statements issued in connection with the anniversary made
reference to the importance of returning the FRAPH/FAd'H documents in their
entirety. A US congressional delegation which visited Haiti in September noted
in its report the findings of the American Law Division of the Congressional
Research Service, which concluded that "the documents are the property of
the Haitian Government, and it is clear that the seizure violated the spirit,
if not the letter, of the Multinational Force's mandate. Claims by the Department
of Defense and other branches of the US Government that the documents needed
to be redacted to comply with the Privacy Act are simply without merit. The
documents should be returned in their original form."
At a press conference on 28 September, MICIVIH presented its report, La
lutte contre l'impunité et pour la réparation, the fruit
of three years' research both in the field and at headquarters. The report examines
the treatment of cases of human rights violations by courts in five jurisdictions
- Port-au-Prince, Hinche, Mirebalais, Saint Marc and Gonaïves - and analyses
the causes of impunity. It gives a bleak picture of the State's efforts to provide
justice for victims and their families, underlining the general lack of political
will on the part of state prosecutors and judicial officials as well as of the
State and the Government to tackle the issues of impunity and compensation,
particularly the failure to follow up the recommendations of the National Truth
and Justice Commission. The report concludes with a series of recommendations
directed not only at the Government but also at civil society. The report was
submitted in draft form to the Government in May.
Legal proceedings in the 1994 Raboteau massacre case crossed a critical threshold,
with the completion of the prosecutor's brief (réquisitoire définitif)
and also the trial order (ordonnance de renvoi) by the examining magistrate,
the notification of charges against the accused (on 29 September) and their
committal for trial at criminal assizes. Thirteen detainees who were being held
in Pétionville were transferred to Gonaïves on
28 September, where they joined the other 17 detainees. On 30 September, MICIVIH
briefed the detainees on the legal implications of the trial order and on rights
of appeal. Of the 30 accused who are in detention, charges were dropped against
eight for lack of evidence but their release was blocked by the prosecution
to allow for appeals against the decision. Although a standard practice, the
refusal to release them was illegal, according to lawyers working for MICIVIH.
The military high command are also among those charged, in absentia, as intellectual
authors of the killings. Two consultants recruited by MICIVIH at the request
of the Haitian authorities presented a report on the military aspects of the
case to the Ministry of Justice. The Association of Victims of Raboteau continued
to press for the replacement of the state prosecutor, who was eventually dismissed.
Tremendous procedural and organisational obstacles remain to be overcome before
the trial becomes a reality.
The Plateforme des organisations haïtiennes des droits de l'homme
(POHDH) organised a series of meetings bringing together members of several
human rights organisations and representatives of MICIVIH to start preparations
for an international conference on impunity, to be held in 2000, an idea proposed
by Nobel peace prize laureate Adolfo Perez Esquivel during a visit to Haiti
in April. Four meetings have taken place so far, the first of these on 24 August,
which was attended by some 20 members of NGOs and which focussed on five reports
on impunity: two reports by the POHDH itself (Plan d'Action contre l'impunité
- 1998, and Violence, insécurité et droits de l'homme: Réflexions
et propositions - June 1999); Jalons pour une politique de réparation
produced by MAPVIV which was distributed in July 1999 (see HRR, April-June
1999), the 1999 MICIVIH report and a 1997 report on the question of impunity
by the UN Special Rapporteur on impunity of authors of violations of economic,
social and cultural rights. Subsequent meetings discussed themes to be covered
during the conference and a number of activities to be held in the months leading
up it.
PRISONS
On the basis of statistics mainly gathered in August and September, MICIVIH
noted a prison population of some 3,888 detainees, of whom 3,227 (83 per cent)
were in pre-trial detention. This compares with a total of 3,471 detainees in
the previous quarter, of whom 3,003 (81 per cent) were in pre-trial detention.
One hundred and sixty-seven of the current detainees were women, of whom only
26 have been sentenced. There were 77 minors in detention, 13 of whom had been
convicted.
Concerns are growing that progress made in the prison reform programme is at
risk of being reversed if management and coordination are not improved at a
national level, particularly regarding the provision of food (see below), and
also at the level of some of the prisons themselves. These shortcomings are
exacerbated by the continuing overcrowding resulting from prolonged pre-trial
detention and also the number of individuals being placed in detention. Les
Cayes, Grande Rivière du Nord, Port-de-Paix and Cap
Haïtien were among those which appear to be badly run in general.
In many prisons, DAP supervisors, inspectors and guards struggled to maintain
conditions in spite of poor logistical support. Anse-à-Veau
was cited by observers as being well-run, in terms of conditions, provision
of food and medical care and in the maintenance of prison records.
DAP/respect for human rights
Eight incidents of ill-treatment in prisons were reported this quarter - in
Les Cayes, Cap Haïtien, Gonaïves, Grande Rivière du
Nord and in the National Penitentiary - during which
some 20 detainees alleged being slapped or beaten by prison guards. In the majority
of cases, the beatings were meted out as punishment, in violation of article
125 of the DAP internal prison regulations which forbids corporal punishment.
They included two detainees in Les Cayes and eleven of the
25 detainees transferred from Les Cayes to the National Penitentiary
mentioned below. The latter alleged that they were beaten and trodden on by
guards as they arrived at the prison and also, more severely, the following
day. Many of them had marks, a few quite serious, on their bodies. Prison authorities
gave conflicting accounts, one official saying they arrived at the prison in
that condition, others saying that the detainees had beaten each other up. Only
after MICIVIH intervened were the detainees given medical treatment for their
injuries.
At least two cases of degrading treatment were reported. In Gonaïves prison, a detainee who pocketed a five-gourde coin he found, was made to roll around in the mud in the prison yard as punishment. During a visit to Port-de-Paix on 6 September, MICIVIH found two detainees naked, without mattresses or any other items, in a punishment cell from which they were not being let out to use the latrines. The two were removed from the cell after MICIVIH raised concerns about the appalling conditions.
Only one DAP guard was reportedly sanctioned for ill-treatment during this
period. He was placed in isolement on 1 September pending the outcome
of an inquiry into allegations that he beat up a detainee at the National Penitentiary
as punishment for refusing to go to court wearing handcuffs. In Gonaïves,
a guard implicated in the punishment of 26 detainees in June (see HRR, April-June
1999) was also implicated along with a colleague in the alleged slapping
of three of the accused in the Raboteau massacre case (see Impunity
above) shortly after their transfer to Gonaïves prison from Port-au-Prince
on 28 September. The local prison coordinator is monitoring the behaviour of
the DAP guard concerned. In Hinche, a prison guard suspended
more than a year ago for ill-treating detainees and officially banned from working
in the prison, reportedly continued to draw his salary and was seen inside the
prison verbally abusing detainees during a visit by MICIVIH on 8 August.
Prison conditions
Detainees in Carrefour, Cap Haïtien, Saint-Marc, Delmas, Pétionville,
Port-de-Paix, Les Cayes, Aquin and Arcahaie were only
allowed out of their cells to bathe, mostly, according to prison authorities,
because there were not enough guards to supervise or because prison yards were
not secure. Serious concerns were raised about the prolonged presence of detainees
without exercise in cells which were sometimes overcrowded, with little ventilation
or light in some places, and with buckets for latrines inside the crowded cells.
In Aquin prison, for example, 44 detainees were crammed into
two small cells, and had to share mattresses. Detainees were also sharing mattresses
in Fort Liberté, where adults, minors and sick detainees
were all being held together, though they were allowed out of their cells at
times during the day. During one visit to Delmas prison in
August, MICIVIH recorded 54 detainees in three cells, which could only accommodate
three mattresses in each cell. Detainees were taking turns to sleep. By the
end of September conditions had been eased somewhat by a drop in the number
of detainees to 40.
|
PRISON POPULATION |
||||
| Prison | Date visited | Total pop. | No. in pretrial detention | No. awaiting trial >1 year |
| Anse à Veau | 26/8/99 | 35 | 27 (77%) | 4 |
| Aquin | 4/8/99 | 51 | 48 (94%) | 3 |
| Cap-Haïtien | 2/9/99 | 204 | 154 (75%) | 75 |
| Carrefour | 15/7/99 | 82 | 73 (89%) | 21 |
| Delmas | 30/9/99 | 38 | 38 (100%) | 0 |
| Fort-Liberté | 1/10/99 | 91 | 78 (86%) | 19 |
| Fort National (P-au-P) | 15/9/99 | 118 | 112 (95%) | 24 |
| Gonaïves | 3/9/99 | 252 | 183 (73%) | 75 |
| Gde-Rivière du Nord | 17/9/99 | 34 | 25 (74%) | 0 |
| Hinche | 8/8/99 | 118 | 78 (66%) | 12 |
| Jacmel | 4/8/99 | 132 | 95 (72%) | N/A* |
| Jérémie | 20/9/99 | 145 | 105 (72%) | 15 |
| Les Cayes | 9/9/99 | 116 | 105 (91%) | 5 |
| Mirebalais | 23/9/99 | 93 | 39 (42%) | 0 |
| National Penitentiary | 22/7/99 | 1933 | 1708 (88%) | N/A* |
| Pétionville | 25/8/99 | 124 | 112 (90%) | 56 |
| Petit-Goâve | 7/9/99 | 97 | 71 (73%) | 5 |
| Port-de-Paix | 1/10/99 | 121 | 89 (74%) | N/A* |
| Saint Marc | 28/7/99 | 104 | 87 (84%) | 14 |
|
TOTAL |
3888 | 3227 (83%) | ||
* data not available.
Detainees in Gonaïves, Mirebalais and Jérémie
were regularly allowed to spend time out of their cells. Prisoners in Hinche
reported to MICIVIH that following the transfer of seven "troublemaker" detainees,
including two former police who tried to escape on 22 September, conditions
had improved and that they were allowed to spend a considerable amount of time
outside in the yard. Conditions were eased in Cap Haïtien
and in Mirebalais with the provision of extra mattresses.
Water shortages were reported in Saint Marc, Port-de-Paix, Jacmel
and Fort Liberté, though some of the problems were related
to the town's water supply. In Jérémie, the water system which
had been repaired in February, broke down again obliging the inspector to fetch
water from outside the prison. The ICRC informed MICIVIH that it is funding
projects to improve sanitary conditions in four prisons - Aquin, Les
Cayes, Hinche and Port-de-Paix - which would be completed
before the end of the year. The projects consist of repairing or building latrines
and attending to the prisons water supply systems. Sanitary conditions in the
National Penitentiary deteriorated when septic tanks overflowed
because they had not been emptied for three months, creating hazardous health
conditions. Improvements in sanitary conditions were also often dependent on
the provision of cleaning materials and disinfectant by the ICRC.
As in previous quarters, skin diseases - exacerbated by overcrowding, dirty
cells, lack of bathing water and insufficient out-of-cell time - were reported
in many prisons, including the National Penitentiary, Port-de-Paix,
Cap Haïtien, Fort National, Carrefour, Saint Marc, Hinche, Arcahaie
and Pétionville. In Port-de-Paix, a
prison official attributed the better health of women detainees in part to the
fact that they spent time out of their cells while the men were not allowed
out because of security concerns.
Incidents in Les Cayes prison
Overcrowding and generally appalling conditions of detention, including the
lack of latrines and showers, and inadequate medical treatment were viewed as
contributory factors in a riot in Les Cayes prison on 23 July
for which the immediate trigger were beatings allegedly inflicted by guards
earlier the same day on two inmates who had tried to escape by climbing on to
the roof. All of the detainees broke out of their cells and gathered in the
prison courtyard in protest, remaining there for most of the day until the police
departmental director and the state prosecutor finally persuaded them to return
to their cells peacefully.
To reduce the number of inmates (which totaled 108 at the time of the riot),
ten who were near the end of their sentences were released in the next few days,
while 15 others with lengthy terms still to be served were transferred from
Les Cayes to the National Penitentiary
in Port-au-Prince. Eleven of the group were reportedly beaten on arrival (see
above). Judicial officials in Les Cayes told MICIVIH they feared further unrest
unless urgent measures were taken to increase the number of guards and carry
out improvements in the prison. MICIVIH's Executive Director wrote to the Minister
of Justice on 27 July enclosing an aide-mémoire on the alleged
beatings and recommending that the Prison Administration (DAP) authorities in
Port-au-Prince carry out an immediate visit to the prison because of the gravity
of the situation there. The letter also included copies of two letters from
MICIVIH to the DAP director in August and November 1997 expressing concern about
overcrowding and poor sanitary conditions in Les Cayes prison and their security
implications.
|
WOMEN AND MINORS IN PRISON |
|||||
| Prison | Date visited |
Women |
Minors | ||
| Total no. | Convicted | Total no. | Convicted | ||
| Anse-à-Veau | 26/8/99 | 1 | 0 | 1 | 0 |
| Aquin | 4/8/99 | 1 | 0 | 0 | 0 |
| Cap-Haïtien | 2/9/99 | 8 | 1 | 5 | 2 |
| Carrefour | 15/7/99 | 5 | 0 | 5 | 2 |
| Delmas | 30/9/99 | 0 | 0 | 1 | 0 |
| Fort-Liberté | 1/10/99 | 1 | 1 | 2 | 0 |
| Fort National (P-au-P) | 15/9/99 | 88 | 6 | 30 | 0 |
| Gonaïves | 3/9/99 | 4 | 0 | 7 | 2 |
| Gde-Rivière du Nord | 17/9/99 | 0 | 0 | 1 | 1 |
| Hinche | 8/8/99 | 6 | 3 | 3 | 0 |
| Jacmel | 4/8/99 | 4 | 1 | 3 | 0 |
| Jérémie | 20/9/99 | 7 | 0 | 6 | 0 |
| Les Cayes | 9/9/99 | 10 | 2 | 1 | 0 |
| Mirebalais | 23/9/99 | 5 | 1 | 1 | 0 |
| Pétionville | 25/8/99 | 2 | 2 | 2 | 1 |
| Petit-Goâve | 7/9/99 | 7 | 6 | 2 | 2 |
| Port-de-Paix | 1/10/99 | 10 | 3 | 4 | 0 |
| Saint Marc | 28/7/99 | 8 | 0 | 3 | 3 |
| TOTAL | 167 | 26 (16%) | 77 | 13 (17%) | |
In early August, an ICRC representative visited the prison with the DAP technical
director, following which a decision was taken that the ICRC would support the
construction of latrines and showers and repairs to the cells. The work was
supposed to start in October. In early September, the ICRC restocked the prison
dispensary and distributed toothpaste, toilet paper and buckets to the cells.
On 9 September, the number of inmates had risen to 116, eight more than at
the time of the riot. However, the prison had still not received any additional
guards by the end of this reporting period. Because of the under staffing and
the resulting danger of escapes, the guards told MICIVIH they were not letting
the inmates out of the cells for exercise. Two detainees escaped in the early
hours of 24 September through a hole they made in the roof. Prison officials
reported further unrest in the prison on the night of 29 September following
which nine more inmates were transferred to the National Penitentiary.
Provision of food
Growing concerns about the provision of food in prisons, including fears of
an increase in cases of malnutrition, were expressed by detainees, the ICRC,
observers and prison officials themselves especially with the ending of the
agreement at the end of September with the Dutch NGO BND to provide 75 per cent
of food stocks. Alternatives for the provision and delivery of food were being
sought by the DAP authorities and an interim system was set up in the meantime.
However, the looming ending of the agreement already appeared to be having a
detrimental impact.
Detainees in Jacmel, Cap Haïtien, Mirebalais
and Saint Marc reported receiving only one meal a day in September.
In Jérémie and Port-de-Paix
the provision of food fluctuated between one and two meals a day, according
to the level of stocks. The ICRC purchased supplementary food supplies for Les
Cayes in September as food stocks declined. The inmates there were
receiving only one meal a day, rarely including fresh foodstuffs. Food rations
were cut in half at Carrefour prison. Milk and bread were taken
out of the Fort National prison meals. Food stocks in Pétionville
and Delmas appeared to be well-managed. Petit
Goâve detainees were receiving two meals a day in September.
Fort Liberté detainees were also receiving two meals
a day but not essential foodstuffs. Detainees in Anse-à-Veau
were receiving two meals a day when MICIVIH visited in August.
In Gonaïves, inmates not on an ICRC-backed emergency
feeding programme for malnourished detainees were only receiving one meal a
day. But the number of those on the programme, who were given an extra meal
of porridge made from cornmeal, soya, powdered milk, oil and sugar, fell from
92 in June to 68 in September, partly as a result of releases and partly because
some of those initially on the programme were later found to be no longer suffering
from malnutrition.
While this modest improvement in Gonaïves is encouraging, the extent of
malnourishment in other prisons (except the National Penitentiary, where an
emergency feeding programme had been put in place in March) needs to be gauged,
particular given the serious implications which cuts in the provision of food
may have for the health of detainees.
Provision of medical care
The quality of medical care fluctuated and was dependent on a number of factors
including the professional capacity and willingness of prison nurses, the availability
of medical supplies, and of transport and prison guards to take detainees to
hospital. Given the shortage of prison guards, prison officials are often faced
with the dilemma of leaving the sick detainee in the hospital with no guard,
or leaving the detainee in prison with no treatment. The negligent attitude
or frequent absence of nurses in at least three prisons was brought to the attention
of the authorities.
In July, a new chief medical officer took office at the DAP, the post having
been vacant since October 1998, and he began a series of visits to prisons.
Among the tasks of the officer are the training of prison nurses and ensuring
that necessary medical supplies are made available to prisons. Improvements
were noted in Fort National, where two additional specialist
medical staff were appointed. Following a visit to Cap Haïtien,
where MICIVIH observers had repeatedly protested about the lack of medical care,
an agreement was reached with a local hospital that a doctor would visit the
prison regularly to treat the most serious cases.
The ICRC provided medical supplies to several prisons during this quarter,
replenishing stocks which in some places such as Mirebalais had already run
out. Jérémie and Les Cayes prisons were also among the recipients.
Following the purchase of a mobile dentists' chair by the ICRC, the DAP dentist
will now be able to visit certain provincial prisons as well as those in Port-au-Prince
where he has been based up until now.
Record-keeping
Prison dossiers and records were noted to be well-kept in Gonaïves,
Saint Marc, Mirebalais, Les Cayes, Anse à Veau and Cap
Haïtien prisons. Particular problems were reported in the National
Penitentiary, where prison records showed three hundred more detainees
than the head count by prison guards. Observers were also concerned that a register
had not been put in place for the solitary confinement cells as required by
the DAP regulations, leaving the use of the cells open to abuse. These concerns
have been raised several times with prison authorities. The disarray of records
and dossiers at the Arcahaie detention centre was also a source
of concern. In Jérémie records are not maintained
systematically, and there were difficulties at times in locating dossiers. The
DAP had started a programme of training prison record clerks but this was suspended
with the closure of the DAP training centre at the end of 1998 (see below).
Training/support for DAP officials
A MICIVIH observer was seconded to the DAP almost full-time in September to
provide technical assistance and training for the ten DAP legal assistants,
who have had some success in pursuing cases at the level of justices of the
peace, but less so at the level of the parquet or cabinets d'instruction.
More than nine months after the closure of the DAP training centre an alternative
solution still had not been found. As a result, more than a 100 new recruits
who had been selected still had not begun their training. MICIVIH had given
training sessions on human rights issues to previous groups. Six inspectors
and 29 supervisors appointed earlier in the year have yet to be deployed to
their new posts pending additional training, in spite of the need for managers
within the prison system. Prison guards at the National Penitentiary have, however,
been given supplementary training, devised by UNDP, on how to deal with security
emergencies at the prison.
CIVIL SOCIETY
MICIVIH Documentary
As part of its human rights promotion activities, the Mission launched the
Creole version of its documentary Chemen an long: Dwa Moun ann Ayiti
- produced by the head of its Press and Information Unit - which will also be
released in English (A Work in Progress: Human Rights in Haiti) and
in French (Oeuvre inachevée: droits de l'homme en Haïti).
Several hundred people, including government, police and judicial officials,
NGOs, artists and many others, attended the première in Port-au-Prince
on 30 September. It was also shown the same day in Mirebalais,
Jacmel, Gonaïves, Port-de-Paix, Cap Haïtien and Les
Cayes. The 50-minute video looks at the long struggle for human rights
and dignity in Haiti, the institutional reforms currently being undertaken and
the activities of MICIVIH that contribute to strengthening institutions and
protecting and promoting human rights.
Civic education for schools
The Haitian Government took a significant step forward in terms of developing
civic education for schools by organising a two-day conference on Education
and Citizenship (Education et Citoyenneté) on 27/28 September.
It was the start of an ambitious programme of activities to promote awareness
and discussion about the need to reform the education system not only to include
civic education in the curriculum but also to ensure that education is carried
out in such a way as to respect civic values. The main working document for
the conference was a draft programme of studies for all levels of schools, Education
à la Citoyenneté, put together by the Education Ministry.
Working groups examined three themes in particular, the role of the school in
constructing the identity of a citizen, the school as a source of apprenticeship
for learning the values of equality, and school and the question of individual
and collective freedom. The two-day conference was attended by some 250 teachers
from the private and public sectors and well as student delegations and government
officials. It was supported by MICIVIH, in the form of materials, and by UNESCO.
Training for NGOs
The June down-sizing of MICIVIH had a serious impact on its human rights promotion
activities, with most of the programmes being suspended. However, priority is
being given to the training of trainers and capacity-building for human rights
and other NGOs. Strengthening the network of NGOs set up around the country
to monitor prisons and police custody was one of the prime focusses of these
activities. In July, MICIVIH assisted in the organisation and presentation of
a week-long training course for members of the network which focussed on topics
including concepts of human rights violations, the justice system, case studies
and experiences of the different representatives in carrying out prison visits.
Obstacles facing the groups are often considerable, including lack of resources
and difficulties in getting access to prisons at times.
Training sessions of these groups have continued in Gonaïves,
where weekly training sessions were given to a group of lawyers and paralegals
who make up the committee. The number of regular participants increased from
five to 13 with the incorporation of new members, all law students. Sessions
included developing reporting formats, principles on the use of force and firearms
by law enforcement officials, and how to prepare project proposals. In September,
members of the Port-de-Paix group attended the monthly training
session of the Gonaïves-based committee in order to exchange information
and ideas and to benefit from the latter committee's greater experience.
The prison and police detention monitoring committee which MICIVIH helped set
up in Jérémie accompanied observers during some
of their investigative work in August. They held a press conference on 1 September
about the apparent illegality of the arrests of six persons on 16 August and
their transfer to prison a week later on the parquet's orders without
ever seeing a judge.
The coordinator of MICIVIH's Port-au-Prince office provided
a day's training in investigative techniques to 35 human rights monitors from
different parts of the country as part of the National Coalition for Haitian
Rights' training programme. MICIVIH has been collaborating with the programme
since 1995, several sessions being organised each year. The coordinator of MICIVIH's
Gonaïves regional office met on 30 September with some
30 representatives of the Catholic human rights organisation Justice et
Paix from throughout the North-West and Artibonite departments and from
its head office in Port-au-Prince, who had gathered in Gonaïves for a week
of training. She spoke about MICIVIH's work, including the type of technical
assistance and training which is available to Haitian human rights activists,
and then fielded many questions about dealing with human rights violations and
working with victims.
In Les Cayes, some 18 NGOs met with MICIVIH to plan a series of training of trainers sessions which began in September with 29 participants. The programme consists of eight four-hour modules, led by a Haitian trainer, and includes themes such as human, civil and political rights in a democracy, elections, the rights of women and children, who to approach in the case of a human rights violation, and techniques for leading seminars.
Prepared by the Coordination, Analysis and Reports Unit
(CARU)
OAS/UN International Civilian Mission in Haiti Misyon Sivil Entènasyonal ann Ayiti OEA/ONU
Boîte Postale 1602, Port-au-Prince, Haiti
(509) 246-2025 or (212) 963-9921