46
126.
Following a closer review of this situation, the IACHR concluded that the
principal factors that have contributed to making prolonged pre‐trial detention a systemic
and widespread problem in Haiti included: (a) en masse arrests of people who are then
kept in police detention cells pending possible investigations; (b) structural shortcomings in
the administration of justice system that have led to alarming backlogs on the judges’
dockets and failure to meet legal deadlines for judicial proceedings; (c) the lack of free legal
representation for indigent defendants, who, as a result, are often unable to submit writs
of habeas corpus; and (d) the lack of operational capacity of police departments, especially
in the Central Department of the Judicial Investigation Police and among preliminary
160
investigation officers.
127.
In its report on its 2007 visit to Haiti, the IACHR followed up on the
question of judicial oversight of detention and included a number of additional factors in its
analysis, such as reports on mistreatment and torture by police at police detention centers
and the appalling conditions in those detention facilities, which are not designed to hold
inmates for prolonged periods of time; which by itself constitutes another form of cruel,
inhuman, and degrading treatment. Furthermore, the IACHR analyzed the tension between
pressure on the police force to produce concrete results in fighting crime and the lack of
resources available for complying with its mandate. 161 That, too, is another factor
heightening the risk of detainees being mistreated and subjected to arbitrary misuse of
authority.
128.
Another State in which the IACHR has encountered a chronic problem of
ineffective oversight of the lawfulness of detentions is Guatemala; particularly with regard
to arrests without a judicial warrant and failure to place detainees promptly under judicial
supervision. For that reason, in its Fifth Special Report on the Human Rights Situation in
Guatemala (2001), the IACHR underscored the fact that, in practice, according to the
information analyzed, over half the people being held in pre‐trial detention centers had
been taken there by police officers, without having been first taken before a judge. The
IACHR was especially alarmed by reports that, in many cases, judges simply approve pre‐
trial detention on the basis of police reports, without further investigation or inquiry. 162
Subsequently, during a thematic hearing in 2006, the IACHR received information indicating
that the patterns of police abuse and arbitrariness and lack of effective judicial oversight of
detentions continued in Guatemala. 163
160
IACHR, Haiti: Failed Justice or the Rule of Law? Challenges ahead for Haiti and the international
community, Ch. III, paras 166‐172.
161
IACHR, Observations of the Inter‐American Commission on Human Rights upon conclusions of its
April 2007 visit to Haiti, OEA/Ser.L/V/II.131. Doc. 36, adopted on March 2, 2008, paras 19‐35.
162
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, Ch. VII, paras. 4, 16, 21‐24.
163
IACHR, Public hearing: Situation of the Penitentiary System in Guatemala, 124º Ordinary Period of
Sessions, requested by Instituto de Estudios Comparados en Ciencias Penales de Guatemala (ICCPG), March 6,
2006.
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