Haiti

In Haiti, UNDP focused on addressing the systemic issue of prolonged pre-trial detention by promoting and protecting the rights of persons deprived of their liberty. Also, the capacity of national justice stakeholders was strengthened enabling more effective implementation of the new penal code, once it is enforced.

It can be estimated that over 9,000 people or 85 percent of persons deprived of their liberty in Haiti are kept in pre-trial detention which is often unnecessarily and disproportionately prolonged. The root causes of this situation include functional gaps in the judicial and penitentiary systems, insufficient number of magistrates, underdeveloped framework for the provision of legal aid which serves as a demotivating factor for legal aid providers, and the lack of prosecutorial independence.

Human rights

To address some of these issues, UNDP supported the National Council on Legal Assistance in developing a national strategy for the legal aid provision to the most vulnerable individuals, including women, juveniles and persons deprived of their liberty. The strategy defines the intervention framework for paralegals with an objective to get a release order for a detainee if their case was marked with significant judicial delays. In addition, the strategy creates grounds for the organization of habeas corpus hearings for individuals who spent excessive amount of time in pre-trial detention: several years and at times over a decade.

Leave No One Behind

While the strategy is being finalized, UNDP, through the legal aid offices, facilitated the provision of legal assistance to individuals deprived of their liberty. The legal aid providers assisted in bringing cases before courts enabling the release of 87 people (including 14 women) in 2022. This remains modest considering the staggering number of prolonged pretrial detention detainees, (approx. 9,000). Legal assistants are facing important challenges caused by the malfunctions of the judicial system. The Ministry of Justice and Public Security (MJPS) and the High Judicial Council (CSPJ) are not providing sufficient oversight to judges and prosecutors. These two institutions’ inspection units are insufficiently staffed, they do not have the logistics means to conduct regular court visits, and inspectors need additional training and guidelines. In addition, there is no evaluation process for judges and prosecutors. Only 150 out of 959 of them have been vetted since the inception of the CSPJ in 2012. Besides, numerous prosecutors were politically appointed and did not complete the mandatory training at the Magistrate school. Consequently, several courts are ineffective and corrupt which greatly impacts the capacity of legal assistants to move citizens’ cases forward.

In cooperation with the School of Magistrates (Ecole de la Magistrature), UNDP facilitated training for 71 judicial actors, including high-level magistrates, on the new legal mechanisms and procedures provided in the Penal Code and the Code of Criminal Procedure regarding serious human rights violations and witness protection. Nineteen women participated. In the course of the training, the magistrates improved their knowledge of the novelties the new Haitian Penal Code offers with regards to the criminalization of serious human rights violations, legal implications of the new witness protection system, new procedures to improve criminal investigations and prosecutions with a focus on accountability. A total of 52,019 justice sector operators will need to be trained on the new codes. The Magistrate Schools and law schools will need to be supported and strengthened to meet this challenge. Since 1995, the Magistrate School (EMA) has completed the training of only seven promotions of around 50 students for a total of 350.

The new Codes were adopted in 2020 with a view to be enforced in 2022. The enforcement, however, had to be postponed as their publication raised numerous criticisms. A committee has been set up and reviewed the penal code and provided recommendations based on the critics of the penal code has not yet begun.

Integrated response

Under the framework of the UN Global Focal Point for the Rule of Law (GFP), UNDP and the UN Integrated Office in Haiti established a new fund (28M$USD)to support the Haitian National Police (HNP) in fighting crime and addressing the issue of proliferation and heightened activity of criminal groups.

The fund will focus in 6 different priorities:

1. The performance, good governance and compliance of the PNH's administrative and logistical management procedures are improved, including internal mechanisms to ensure compliance:
2. Properly trained PNH personnel are part of the gradual increase in the police/population ratio, with better representation of women, based on strengthened recruitment and training capacities and the institutionalization of a "vetting" process (background checks on police personnel), to meet the needs of the various police departments:
3. The operational capacity of the police and the delivery of basic services by the PNH is strengthened, accompanied by the rehabilitation of police infrastructure and logistics.
4. Capacities to combat organized crime are more effective.
5. General and criminal intelligence services are strengthened, expanded and useful for all HNP operations.
6. PNH's gang-fighting and crowd-control capabilities are strengthened through the supply of certain priority equipment.

Through UN Global Focal Point for the Rule of Law (GFP), a police intelligence data center was established with branches in ten areas of the country.