NCJ Number
133689
Date Published
1990
Length
228 pages
Annotation
The Lawyers Committee for Human Rights sent fact-finding missions to Haiti between 1986 and 1990 to evaluate the country's judicial system and human rights situation.
Abstract
Committee representatives interviewed judges and other court officials, prosecutors, government officials, private lawyers, and military officers. They also spoke with human rights monitors, journalists, church workers, victims of and eyewitnesses to human rights abuses, farmers, factory workers, students, teachers, social workers, and academics. Committee representatives determined that the government of Haiti tolerates systematic violations of fundamental human rights. Armed and security forces are responsible for torture, illegal arrest and detention, extrajudicial executions, prohibition of peaceful meetings, and intimidation of and attacks on the press. Article 263 of Haiti's constitution requires the separation of police and military, but police remain under de facto control of the army. In rural areas, section chiefs charged with performing police duties report to military rather than civilian authorities. Conditions of detention in prisons constitue severe and systematic violations of both Haitian law and international standards on prisoner treatment. Overcrowding and poor food are major deficiencies as well as lack of access to water, medical care, and legal counsel. Human rights violations have not been investigated adequately, judges lack the independence necessary to carry out their tasks, and lawyers have been threatened and in some cases killed because of their representation of unpopular clients opposed to the government. Haitian law governing criminal investigations encourages and facilitates delay, and the government has refused to provide adequate resources. Recommendations to improve Haiti's judicial system and to further respect for human rights are offered. 617 footnotes and 6 photographs