In a note, Florence Élie, the Protector of Citizens (OPC) deplores the fact that "if there is reason to be overwhelmed by the notorious prison overcrowding which translates by abject and dehumanizing material conditions, it is equally overwhelming to see that the offices, cabinets and courts of the Courthouse, are often deserted or, only operate in partial vacation, at the 'rebate' or idling, in defiance of the established schedule for the public function."

She stressed that the deep failures of the judiciary, related to the generalized dysfunction of the administration and distribution of justice, are directly responsible for the rate of abusive preventive detention, which represents 70% of the prison population, the majority is held in violation of any legal framework.

"[...] Characterized by chronic absenteeism, neglect, permeability to corruption and lack of independence, this dual technical and administrative sector contributes significantly to give Haiti the distinction of being one of the worst countries in the world in this field. At the very least troubling this situation is exacerbated by its constancy in time and the lack of real and credible will to tackle it.

Impunity reigns as a master, the resignation, cynicism or laxity rage, just like the easy reflex to throw the reproach of its own inertia on others. However, constitutional provisions are unambiguous.

Art. 27: Any violation of the provisions on individual liberty are arbitrary acts. Injured parties may, without prior authorization, refer to the courts to prosecute offenders and perpetrators of these arbitrary regardless their qualities and body to which they belong.

Art. 27.1: Civil servants and state employees are directly liable under criminal, civil or administrative acts in violation of rights. In these cases, civil liability also extends to the State.

In view of the foregoing, the OPC in the exercise of its constitutional mandate, would like to remind that if the search for a lasting solution to this situation can be complex, it invariably contains a basic element: the obligation under penalty for each actor, to perform with rigorous, professionalism, independence and diligence, all tasks for which its services were retained.

[...] It is necessary to consider at the material and moral inhumane detention conditions, degrade both the one who suffers, that the one who inflicts [...]"

HL/ HaitiLibre