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Haiti

Executive Summary

Haiti is a constitutional republic with a multiparty political system. Voters elected Jovenel Moise as president for a five-year term in national elections held in November 2016, and he took office in February 2017. The most recent national legislative elections were held in January 2017. International election observers considered the elections free and fair.

Civilian authorities maintained effective control over security forces.

Human rights issues included isolated allegations of unlawful killings by police; excessive use of force by police; arbitrary detention; harsh and life-threatening prison conditions; a judiciary subject to corruption and outside influence; physical attacks on journalists; widespread corruption and impunity; and human trafficking, including forced labor.

The government rarely took steps to prosecute government and law enforcement officials accused of committing abuses. There were credible reports that officials engaged in corrupt practices, and civil society groups alleged widespread impunity.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were isolated allegations of police involvement in arbitrary or unlawful killings. Some allegations resulted in administrative sanctions, but there were no reports of criminal proceedings.

As of September no criminal proceedings were initiated in the November 2017 deaths of two police officers and nine civilians during an antigang operation in Port-au-Prince by the Haitian National Police’s (HNP) Departmental Crowd Control Unit (UDMO) and the Departmental Operations and Interventions Brigade. The National Network of Human Rights Organizations in Haiti (RNDDH) reported that UDMO officers beat numerous individuals and executed at least two in retaliation for the deaths of their colleagues. A report by the HNP inspector general found one UDMO officer, Glessen Philidor, liable for the deaths, recommended him for dismissal, and referred the case to the Port-au-Prince Prosecutor’s Office. The HNP commissioner for the West Department and a dozen of the UDMO officers involved in the operation were transferred to other posts.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but it does not provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The constitution stipulates that authorities may arrest a person only if apprehended during the commission of a crime or based on a warrant issued by a competent official, such as a justice of the peace or magistrate. Authorities must bring the detainee before a judge within 48 hours of arrest. By routinely holding prisoners in prolonged pretrial detention, authorities often failed to comply with these provisions.

The law requires that authorities refer all cases involving allegations of police criminal misconduct to the HNP’s Office of the Inspector General (OIG). Senior police officials acknowledged receipt of several complaints alleging abuses committed by officers during the year but noted that financial, staffing, and training limitations prevented the institution from readily addressing all reports of such misconduct.

Local human rights groups reported detainees were often held in detention after completing their sentence due to difficulty obtaining a release order from the prosecutor’s office. For example, Jean-Louis Duckenson was convicted for using an illegal substance and received a six-month sentence. After completing his sentence, he remained in detention for an additional eight months because the paperwork for his release had not been processed.

ROLE OF THE POLICE AND SECURITY APPARATUS

Domestic security is maintained by the HNP, an autonomous civilian institution under the authority of a director general. The HNP includes police, corrections, fire, emergency response, airport security, port security, and coast guard functions. The Ministry of Justice and Public Security, through its minister and the secretary of state for public security, provides oversight to the HNP. The Superior Council of the National Police, chaired by the prime minister, provides oversight and strategic guidance to the HNP. The Superior Council also includes the HNP director general, HNP inspector general, minister of the interior, and minister of justice.

The HNP took steps toward imposing systematic discipline on officers found to have committed abuses or fraud, but civil society representatives continued to allege widespread impunity. The HNP held monthly press conferences that served as awareness campaigns to inform the public of their roles and responsibilities and to report on cases of misconduct. The OIG maintained a 24-hour hotline to receive public reports of police corruption or misconduct. The OIG sends these complaints to the HNP director general for approval and then to the Ministry of Justice, which decides whether to accept their recommendation. While government officials stated the Ministry of Justice nearly always accepted their recommendations, human rights groups complained there was no way to verify the complaints because there is no official case tracking after the complaints are transferred to the HNP director general.

As of September 15, the OIG for the HNP had reviewed 415 complaints against officers, of which 157 were recommended for suspension and 22 recommended for dismissal, including dismissal recommendations for officers accused of human rights violations, which was double the number of officers recommended for dismissal during the same period in 2017. Observers attributed the increase in officers recommended for dismissal to stronger accountability measures and capacity within the OIG to receive and process complaints. According to MINUJUSTH human rights officials, there were 25 confirmed cases of human rights violations by the HNP from October 2017 to September. MINUJUSTH and civil society groups reported that while HNP officers at times faced administrative sanctions, there were no judicial proceedings against officers suspected of human rights violations.

The HNP Sexual and Gender-Based Violence (SGBV) unit remained underresourced and understaffed. The unit had two satellite offices at Fort National and Delmas 33. The HNP assigned officers who received SGBV training to serve as regional SGBV representatives in all 10 departments. These officers had minimal links to the SGBV unit in Port-au-Prince.

MINUJUSTH consisted of seven formed police units, comprising 295 individual police officers and 980 other personnel. Initiated in October 2017, MINUJUSTH has a mandate to work with the government to develop the HNP, strengthen the rule of law, and promote human rights.

Foreign governments and other entities continued to provide a wide variety of training and other types of assistance to improve police professionalism, including increasing respect for human rights. The HNP continued to expand its outreach to and relations with local populations in Port-au-Prince by supporting the community policing unit. The unit aimed to implement policing strategies to reduce crime and to foster positive police-populace communication over aggressive interdiction.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law permits police officers to make arrests with a court- or prosecutor-authorized warrant, or when officers apprehend a suspect in the process of committing a crime.

While authorities generally acknowledged the right to counsel, most detainees could not afford a private attorney. Some departmental bar associations and legal assistance groups provided free counsel. Some NGO attorneys also provided free legal services. The criminal procedure code does not allow for a functional bail system.

Arbitrary Arrest: Independent reporting confirmed instances in which, contrary to law, police without warrants or with improperly prepared warrants apprehended persons not actively committing crimes. Authorities frequently detained individuals on unspecified charges. Human rights organizations reported politicians routinely influenced judicial decisions and used the justice system to target political opponents. Persons arrested reported credible cases of extortion, false charges, illegal detention, physical violence by HNP personnel, and judicial officials’ refusal to comply with basic due process requirements.

Pretrial Detention: Prolonged pretrial detention remained a serious problem. The judicial system rarely observed the constitutional mandate to bring detainees before a judge within 48 hours. In some cases detainees spent years in detention without appearing before a judge. Prison population statistics did not include the large number of persons held in police stations around the country for longer than the 48-hour maximum initial detention period. Of the approximately 11,650 prison inmates, 74 percent were held in pretrial detention. Pretrial detention was significantly more prevalent in Port-au-Prince; as of August 30, authorities had yet to try 89 percent of Port-au-Prince’s inmates.

Many pretrial detainees had never consulted with an attorney, appeared before a judge, or been given a docket timeline. Time spent in pretrial detention varied significantly by geographic jurisdiction.

Detainee’s Ability to Challenge Lawfulness of Detention Before a Court: There is no explicit habeas corpus law, although the constitution stipulates it is illegal for an individual to be detained for more than 48 hours without being seen by a judge. The OPC’s national and 12 regional offices worked on behalf of citizens to verify that law enforcement and judicial authorities respected the right to due process. When authorities detained persons beyond the maximum allotted 48 hours and OPC representatives learned of the case, they intervened on the detainee’s behalf to expedite the process. The OPC did not have the resources to intervene in all cases of arbitrary detention.

Section 2. Respect for Civil Liberties, Including:

Section 4. Corruption and Lack of Transparency in Government

The law criminalizes a wide variety of corruption-related offenses by officials, including illicit enrichment, bribery, embezzlement, illegal procurement, insider trading, influence peddling, and nepotism. There were numerous reports of government corruption and a perception of impunity for abusers. The judicial branch investigated several cases of corruption, but there were no prosecutions during the year. The government fired 21 assistant prosecutors due to corruption allegations. The perception of corruption remained widespread in all branches of government and at all levels.

Corruption: The constitution mandates that the Senate (vice the judicial system) prosecute high-level officials and parliament members accused of corruption. As of year’s end, no government had ever prosecuted a high-level official for corruption.

In October 2017 a report by the Special Senate Committee of Inquiry on the Mismanagement of Petro Caribe Funds alleged between 2008 and 2016 the government mismanaged close to two billion dollars in Petro Caribe funds designed to develop the country. In February the Senate requested that the Administrative Court of Auditors and Administrative Disputes investigate the allegations. The court was due to publish a report on the findings of its investigation in January 2019.

In August 2017 President Jovenel Moise fired Minister of Social Affairs and Labor Roosevelt Bellevue for alleged corruption related to the overinflated price of government-purchased school kits. On August 10, the Anticorruption Unit sent its report to the judiciary. The report cited numerous violations of public procurement laws by government officials and determined that the then minister of economy and finance, Jude Alix Salomon, issued an illegal waiver to justify school kit purchases. The report did not, however, support a finding of overbilling for the school kits. On August 15, the Superior Court of Audits and Administrative Disputes implicated Bellevue in the school kits affair.

Financial Disclosure: The law requires all senior government officials to file financial disclosure forms within 90 days of taking office and within 90 days of leaving office. There is no requirement for periodic reporting. Disclosure reports are confidential and not available to the public. The sanction for failure to file financial disclosure reports is a withholding of 30 percent of the official’s salary, but the government did not sanction any officials during the year or in any previous year. Government officials stated the requirement was not always followed.

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