Haiti: Disarmament Delayed, Justice Denied
Page Two
Amnesty International, July 2005
Case example: Rape by unknown aggressors
During the night of 22 September 2004, in Delmas 17, Port-au-Prince, four hooded and armed men wearing civilian clothes came to Jane’s house (real name withheld). Her husband was out but three of her friends and her young son were sleeping there. Even though Jane was eight months pregnant she was forced to lie face down along with the other three women. They were beaten and kicked, and the men stepped on their backs before raping them. The young child witnessed the assault and was gagged with a scarf. The men left with all Jane’s belongings, including the children’s clothes.
Jane went to the hospital several times but could not get a medical examination to certify her condition following the attack. She subsequently gave birth to a baby who is reportedly suffering from severe health complications. She cannot afford to seek medical treatment for her baby.
When Jane’s husband returned home, he reportedly threw her out of the house because she had been raped and "might have infections". Jane told Amnesty International that she felt too "humiliated and terrified" to report the attack to the police.
Many women cannot identify their attackers because the men conceal their identity under a mask. However, some women have said that their attackers were gang members who control their neighbourhood or members of a rival gang coming into their neighbourhood. This pattern seems to be the case in Cité Soleil, where gangs with different political allegiances confronted each other for more than a year with virtually no response from the authorities. Amnesty International is concerned that women in Cité Soleil remain extremely vulnerable in the context of generalized violence and lawlessness. It continues to receive reports of gang members raping and subjecting women to other forms of violence with total impunity.
Under Haitian law, rape is a crime punishable by imprisonment. However, there is an extremely low rate of conviction for rape. One reason is the failure of Haiti’s authorities to prosecute reported cases of rape, particularly when state agents are implicated. This contributes to the perpetuation of violence against women. Women cannot seek redress nor, in most cases, do they receive adequate medical treatment and psychological support from public institutions. This is partly because of the scarcity of resources available in the public health system, a problem compounded by the high levels of poverty.
Women working in the informal sector, mainly as street vendors, are under constant threat of indiscriminate violence from armed "bandits" who create a climate of terror -- a situation that is rarely challenged by law enforcement officials.
Case example: Rape allegedly by police officers
On 9 July 2004, between 11pm and midnight, three men wearing black clothes and balaclavas raped and beat Mary (real name withheld) in her house in Delmas 33, Port-au-Prince. She was three months pregnant. The men were allegedly HNP officers who came looking for her husband, a former National Palace employee under the presidency of Jean-Bertrand Aristide. Mary was taken to the Haitian State University Hospital in Port-au-Prince where she received treatment and a medical certificate stating "possible sexual violence and genital infection". She could not walk for more than two weeks after the attack and had to leave Port-au-Prince. Her husband was still in hiding when Amnesty International interviewed Mary. She said she was too scared to report the incident to the police.
Case example: Rape by alleged gang member
Nineteen-year-old D.P. (full name withheld) was raped in her house on the night of 13 September 2004. Around 11pm, five men who were hooded and wearing black clothes, broke into her house in Cité Soleil, Port-au-Prince, and raped her in front of her brothers who were held on the ground at gunpoint. The attackers threatened her with death if she reported the assault. In fear for their lives, the two brothers left the house and have since been living on the streets of Port-au-Prince. D.P. believes that her assailants are members of the local gang controlling the Brooklyn area of Cité Soleil.
Following the attack, D.P. did not receive any medical attention or psychological support as she could not afford to pay for the medical visit. At the time of the interview with Amnesty International, she was still suffering from pain in the pelvic region. She said other women had been similarly attacked in her neighbourhood.
Violence against children
Children living on the streets are particularly vulnerable to violence. In Haiti, they face profound discrimination and are commonly the targets of indiscriminate violence and repression by the police. Amnesty International has received several troubling reports of harassment, ill-treatment, "disappearances" and executions of street children and other minors.
A large proportion of current human rights violations against children, especially torture and unlawful killings, are being committed by police officers in the context of operations purported to be combating crime. In this context, children are indiscriminately being portrayed as criminals to justify police action, including serious human rights violations, against them.
The extent and scope of such violations may be much greater than available figures indicate. Experts in the field say that many cases are not reported because of the lack of witnesses, because many victims or their relatives live on the fringes of society, and because, with few family ties, the victims tend to remain anonymous and forgotten. Many victims and their relatives, as well as witnesses, do not report the crimes because they are frightened or do not believe that they can obtain justice.
Other types of violations against children, such as arbitrary arrest and ill-treatment in custody, are committed by the police. In these cases, especially those involving torture, abuses occur during interrogation about criminal operations or the whereabouts of criminals.
Conclusions and recommendations
The challenge to reverse the serious erosion of the fundamental human rights of Haitians is enormous and will require sustained commitment from the interim governments and the international community.
Haitian National Police (HNP) officers continue to arbitrarily detain, ill treat and unlawfully kill citizens and use excessive force on a regular basis. The police’s poor performance in tackling crime, the high level of corruption reported within their ranks, and the routine human rights violations committed by the security forces pose further serious threats to the peace and stability of the country and foster an ever higher level of mistrust towards the security forces among Haitians.
Amnesty International calls on the interim government to reverse this deadly cycle of human rights violations by prioritizing the respect and protection of human rights when reforming the HNP.
Amnesty International is deeply concerned about the disregard for the lives and physical integrity of people in Haiti and reiterates its call on the interim government and MINUSTAH to conduct independent and thorough inquiries into all human rights violations.
Amnesty International believes that the interim government is failing to commit itself publicly and firmly to protecting human rights and ending the cycle of impunity. Perpetrators of serious human rights violations continue to roam freely across the country.
Amnesty International is dismayed that the interim government has not made a serious attempt to work with the MINUSTAH to establish a genuine and lasting disarmament, demobilization and reintegration programme which is an essential step towards restoring rule of law throughout the country.
Recommendations to the interim government
Amnesty International is aware that some of these recommendations are only achievable in the medium or long term. However, with the support of MINUSTAH and the international community, the transitional government must seek to lay down the foundations for positive and effective change.
1. Condemn all human rights violations
Condemn and demonstrate total opposition to all forms of human rights abuses. Make clear to all state and non-state agents that human rights abuses will not be tolerated under any circumstances. Show commitment to establishing respect for human rights in Haiti and to cooperating with MINUSTAH and the international community in this endeavour.
2. Implement a comprehensive DDR programme
Take effective and immediate measures to develop, implement and monitor a comprehensive and sustainable disarmament, demobilization and reintegration (DDR) programme. At each stage, seek the assistance and integrate the expertise of the international community and MINUSTAH personnel. Apply the DDR programme in an evenhanded manner to all armed groups and civilians in possession of arms. Establish an independent commission of representatives from civil society, including the media, to inspect and monitor the DDR process and regularly inform the public on its progress.
3. End arbitrary detention
Take effective measures to end the widespread practice of arbitrary detention by immediately introducing the following practical safeguards: all detentions should be recorded and monitored; detainees should be brought before a judge promptly; the Haitian Constitution establishes that detainees must be brought before a judge within 48 hours or released; detainees should be given access to lawyers and doctors of their choice as soon as they are detained; all detainees should be able to challenge the lawfulness of their detention; judges should take steps to ensure that detainees have not been tortured or ill-treated, and should institute criminal investigations where torture or ill-treatment are alleged to have taken place; institute a system of regular, independent, unannounced and unrestricted visits of inspection to all places of detention, including prisons under the auspices of the APENA (the National Penitentiary Administration), and police stations; such visits could be carried out by independent non-governmental organizations which should be authorized to have full access to all places of detention; accurate information about the arrest of any person and about his or her place of detention, including transfers and releases, should be made available promptly to relatives, lawyers and the courts; prisoners should be released in a way that allows reliable verification of their release and ensures their safety.
4. Ensure fair and prompt trial
Guarantee the fair and prompt trial of all prisoners, including political prisoners, with full rights of defence, including the right of appeal to a higher and independent judicial body. Release all political prisoners detained indefinitely without charge or held in prolonged pre-trial detention unless they are to be brought to trial promptly and fairly. Ensure that trials comply with internationally recognized standards for fair trial, including Article 14 of the ICCPR, to which Haiti is a state party.
5. End torture and ill-treatment
Take immediate measures to end torture and ill-treatment, including medical neglect of prisoners and life-threatening prison conditions. Introduce adequate safeguards to prevent these abuses in future, including full and immediate access for all prisoners to lawyers, families and medical services.
6. Prevent extrajudicial executions
Take immediate measures to prevent extrajudicial executions in accordance with the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions. Measures should include:
publicly and energetically condemning extrajudicial executions; explicitly prohibiting such offences in law and ensuring that they are punishable by appropriate penalties which take into account the seriousness of the offences; ensuring that those in charge of the security forces maintain strict chain-of-command control to ensure that officers under their command do not commit extrajudicial executions; ensuring that law enforcement officials use force only when strictly necessary and only to the minimum extent required under the circumstances; lethal force should not be used except when strictly unavoidable in order to protect life; preserve forensic evidence until an adequate autopsy has been conducted by a suitably qualified doctor who is able to function impartially.
7. Prevent human rights violations against women
Special emphasis should be given to raise awareness among women of their rights and to make Haitian society at large conscious of its duty to respect the human rights and fundamental freedoms of women. Issues concerning the human rights of women should be integrated in all education and training policies at national level.
The interim government should take special steps to uphold the UN Declaration on the Elimination of Violence against Women. These steps should include a clear prohibition of gender-based violence, whether occurring in public or private life. The interim government should prioritize development assistance projects for the implementation of human rights particularly as they affect women and girls.
8. Investigate abuses
All complaints and reports of human rights violations should be promptly, impartially and effectively investigated by a body that is independent of those allegedly responsible and has the necessary powers and resources to carry out the investigation. The methods and findings of the investigation should be made public. Complainants, witnesses and others at risk should be protected from intimidation and reprisals.
9. Prosecute
Those responsible for human rights violations must be brought to justice. This principle should apply to all alleged perpetrators regardless of how much time has elapsed since the commission of the crime. Trials must be fair and in accordance with international standards. The perpetrators should not be allowed to benefit from any legal measures exempting them from criminal prosecution or conviction.
10. Individual responsibility
The prohibition of human rights violations should be reflected in the training of all state agents, including police officers, judicial officials and prison guards. These officials should be instructed that they have the right and duty to refuse to obey any order to participate in a human rights violation.
11. Provide reparation
Victims of human rights abuses and/or their dependants should be entitled to obtain fair and adequate redress from the state, including financial compensation.
12. Provide adequate training
Ensure that the training of all members of the police and prison guards includes the prohibition of torture, extrajudicial executions and other human rights violations. Such training should be based on international standards relating to the treatment of detainees and the use of force and firearms by law enforcement officials including: the UN Code of Conduct for Law Enforcement Officials; UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; the UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions; and the UN Standard Minimum Rules for the Treatment of Prisoners.
Recommendations to the UN Stabilization Mission in Haiti (MINUSTAH) MINUSTAH should continue to assist in the restructuring and training of the HNP and other law enforcement agents and ensure that this includes training in international human rights and humanitarian law. To ensure the restoration of good governance, the rule of law and respect for human rights in Haiti, it is essential to rebuild and train a professional, accountable police force.
1. Protection of civilians
Urgently develop a strategy for the protection of civilians in joint operations with the HNP. Ensure that MINUSTAH staff from the Human Rights Section are integral to planning and executing such operations.
2. No international ‘silent witnesses’
All MINUSTAH personnel, including those engaged in military, civilian and humanitarian operations, should report through clear and proper channels any human rights violations they may witness or serious allegations they receive. The UN should take appropriate steps, including preventive measures, to address any violations reported whether perpetrators are state or non-state agents.
3. Individual responsibility, investigation and justice
Individual responsibility for human rights violations, past and present, must be made explicit. MINUSTAH should assist the interim government in establishing adequate mechanisms that ensure that allegations of human rights violations are systematically, thoroughly and independently investigated. The mission should ensure that any perpetrators of human rights violations are brought to justice.
4. Effective and independent human rights verification
Human rights monitors should carry out investigations, verify compliance with human rights obligations and take corrective action in respect of violations. They should have broad access to all sectors of society and relevant institutions and the full protection of those who are in contact with them must be assured.
5. Frequent and public reporting
To guarantee the effectiveness, security and credibility of MINUSTAH and its personnel, there must be frequent comprehensive public reports of their activities and findings which should be broadly disseminated nationally as well as internationally.
6. International civilian police monitors
Civilian police officers should monitor, supervise and train national police and security forces and verify their adherence to international human rights and criminal justice standards. Police monitors should cooperate fully with any human rights component or mechanisms and should themselves be trained in and fully respect international human rights and criminal justice standards at all times. There should be full public reporting of their activities.
7. Long-term measures for human rights protection
MINUSTAH should assist in the establishment of permanent, independent and effective national institutions for the long-term protection of human rights and the reinstitution of the rule of law, including an independent judiciary and fair criminal justice system. Other mechanisms, such as ombudsmen or national commissions, may be encouraged to reinforce respect for human rights. Such mechanisms must be impartial, independent and competent with the necessary powers and resources to be effective. They should conform to international guidelines and must never be a substitute for a fair and independent judicial system.
8. Human rights education and advisory assistance programmes
Public education and training on human rights standards and complaints procedures should be provided to all sectors, particularly the judiciary, lawyers and law enforcement officials. Other technical assistance programmes should be provided, including drafting legislation, in conformity with international standards and support for national human rights NGOs. Such programmes should not be a substitute for human rights verification by a specialized monitoring component.
9. Respect the human rights of women
Measures should be taken to guarantee consideration and respect for the particular needs of women in Haiti’s current situation. Peace-keeping personnel should receive information on local cultural traditions and should respect the inherent rights and dignity of women at all times. Human rights teams should include experts in the area of violence against women, including rape and sexual abuse.
Recommendations to the international community
1. Maintain an effective and adequately funded international human rights presence in Haiti for as long as necessary
The UN should give consistent and vigorous attention to human rights concerns in Haiti. The human rights section of MINUSTAH must play a crucial role in monitoring and reporting human rights abuses in Haiti and in promoting the respect and protection of human rights. Its presence during the transition to democratic rule and beyond remains essential and it must have adequate personnel and funding. The international community must be prepared to publicly condemn human rights violations during and after the transition process and to ensure that recommendations for institutional reform are fully and promptly implemented. Human rights protection measures should be kept under review, strengthened as necessary and properly evaluated at the end of the mission.
2. Structural and political independence of human rights section
Ensure provisions for MINUSTAH’s human rights section are explicitly and structurally independent from the political considerations of the mission.
3. Contribute towards rebuilding and strengthening the judicial and legal system
The armed rebellion in Haiti has all but destroyed the judicial system. Courts have been burned or destroyed. The long-term protection of human rights depends on an effective legal system reinforced by an independent, impartial and accessible judiciary with adequate resources. The international community should contribute towards the reconstruction of an effective legal and judicial system in Haiti. These initiatives must, however, be coupled with a determined government policy to bring to justice those responsible for human rights abuses.
Recommendation to the UN Security Council
The Security Council should urge the interim government to immediately:
take steps to implement all outstanding recommendations made by the Independent Expert, Louis Joinet, including to respect the independence of the judiciary and to restrict the use of force by law enforcement officials in accordance with international standards; establish mechanisms that would ensure that all alleged human rights violations in Haiti are independently and fully investigated and that those responsible are brought before civilian courts in trials that meet international standards for fairness; provide redress, including compensation, to the victims of human rights violations and their families; guarantee everyone in Haiti the right to freedom of _expression and association without fear of harassment, arrest, torture or ill-treatment, arbitrary imprisonment or extrajudicial execution.
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(1) UN Development Programme (UNDP), Human Development Reports for Haiti, 2003. Available at: http://hdr.undp.org/statistics/data/cty/cty_f_HTI.html. (2) Economic and Social Council, "Long-term programme of support for Haiti", Report of the Secretary-General, 16 June 2004 (E/2004/80), para. 44.
(3) UN Security Council, "Statement by the President of the Security Council", 12 January 2005 (S/PRST/2005/1).
(4) AI Index: AMR 36/038/2004
(5) Report of the UN Secretary-General on MINUSTAH, S/2004/908, para. 41.
(6) Report of the UN Security Council on its mission to Haiti, S/2005/302, 6 May 2005.
(7) Robert Muggah, Securing Haiti’s Transition: Reviewing Human Insecurity and the Prospects for Disarmament, Demobilization and Reintegration, Small Arms Survey, 2005.
(8) The Haitian National Police was created in 1995 and since then has been the only legal security force in Haiti. After the de facto military government was ousted by a US intervention, Jean-Bertrand Aristide returned from exile and in early 1995 he issued a presidential decree disbanding and demobilizing the Haitian Armed Forces who had ousted him on 30 September 1991.
(9) Report of the UN Security Council mission to Haiti, 13 to 19 April 2005, S/2005/302, para. 27.
(10) Report of the Secretary-General on the UN Stabilization Mission in Haiti, S/2005/313, 13 May 2005; accessible at: http://daccessdds.un.org/doc/UNDOC/GEN/N05/341/51/PDF/N0534151.pdf?OpenElement.
(11) UN Security Council Resolution 1542 (2004). Chapter VII of the UN Charter: Action With Respect To Threats To The Peace, Breaches Of The Peace, And Acts Of Aggression.
(12) See, for example, reports of the Center for the Study of Human Rights, University of Miami School of Law, "Haiti. Human Rights Investigation: November 11-21, 2004" (available at www.law.miami.edu/cshr/CSHR_Report_02082005_v2.pdf); and Harvard Law Student Advocates for Human Rights and Centro Justiça Global, "Keeping the Peace In Haiti?" (available at: www.law.harvard.edu/programs/hrp/CAP/Text/Haiti_English_Final.pdf).
(13) See reports of the Secretary-General on MINUSTAH from November 2004 (S/2004/908) and from February 2005 (S/2005/124).
(14) Amnesty International interview with victim of police repression in Bel-Air, October 2004.
(15) Report of the UN Security Council mission to Haiti, S/2005/302, para. 42.
(16) These standards include the UN Code of Conduct for Law Enforcement Officials and the UN Basic Minimum Standards on the Use of Force and Firearms.
(17) There are reportedly two trained forensic doctors in Haiti capable of conducting an autopsy; one is the HNP’s spokeswoman.
(18) For several consecutive months in 2004, the disposal of bodies at the morgue became problematic because the refrigeration chamber was out of service; as a result, decomposing bodies were reportedly piled up in parking lots.
(19) In its Preamble, the Haitian Constitution defines the right to life as "inalienable and imprescriptible". Similarly, Article 19 of the Constitution reads: "The State has the absolute obligation to guarantee the right to life, health, and respect of the human person for all citizens without distinction, in conformity with the Universal Declaration of the Rights of Man."
(20) Haitian Constitution, Article 269.
(21) Ministry of Justice. Direction Générale de la Police Nationale d'Haïti, Code of Deontology. Available at: http://www.un.org/rights/micivih/livrets/codepol.htm
(22) Unofficial translation, Haitian Criminal Code, Article 147.
(23) Haitian Criminal Code, Articles 247 and 249.
(24) Amnesty International’s 14-point Program for the Prevention of Extrajudicial Executions (AI Index POL 35/03/93), is based on these principles and available at: http://web.amnesty.org/pages/aboutai-recs-executions-eng.
(25) Haïti Progrès, 3 to 9 November 2004, p.1.
(26) According to the Independent Expert, Louis Joinet, there are only 750 trained lawyers in Haiti. Source: Situation of human rights in Haiti. Report prepared by the independent expert, Louis Joinet, E/CN.4/2005/123, 24 January 2005. Available at: http://daccessdds.un.org/doc/UNDOC/GEN/G05/104/45/PDF/G0510445.pdf?OpenElement.
(27) "Attachés" were civilians hired as henchmen regrouped under the orders of the section chief. They were recognizable by the green hats they worn and the clubs they wielded.
(28) The administrative division of Haiti is comprised of nine departments which are further divided into "Arrondissements" and several communes. Under the Duvalier’s regime and during the de facto government, each communal section had a "chief" who acted as a law enforcement official and responded to the military regional commanders. They were also known as rural police and had total power over their "constituencies".
(29) Article 26 of the Haitian Constitution states: "[N]o one may be kept under arrest more than forty-eight hours unless he has appeared before a judge asked to rule on the legality of the arrest and the judge has confirmed the arrest by a well-founded decision."
(30) See Médecins Sans Frontières, Caught in Haiti’s cross-fire. Available at: http://www.doctorswithoutborders-usa.org/news/2005/04-01-2005.cfm
AI Index: AMR 36/005/2005 28 July 2005
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