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Haiti: Crime situation and state protection (2002-2003)

Sources have reported that criminal activity has become increasingly widespread and rampant (Canada 5 Sept. 2003; US 15 Aug. 2003) while the judicial system remains corrupt and abusive (Freedom in the World 2003 13 June 2003; AI 2003; HRW 2003; OAS 25 Mar. 2003).

Although crime statistics could not be found among the sources consulted by the Research Directorate, Canadian and American government travel advisories noted that criminal activities such as homicides, kidnappings, armed robberies and carjackings are common in most areas of the country (Canada 5 Sept. 2003; US 15 Aug. 2003). More specifically, the Canadian report mentioned that urban centres such as Gonaives, Petit-Goave and Cap-Haitien, and highways such as Route National No.1 are particularly volatile areas (Canada 5 Sept. 2003), while the United States report stated that there are no "safe areas" in Haiti (US 15 Aug. 2003).

From political violence to common crime, sources have reported that the escalation in criminality is multifaceted (AI 2003; Freedom in the World 2003 13 June 2003; HRW 2003; OAS 25 Mar. 2003). According to Freedom House's annual report on political rights and civil liberties, Freedom in the World 2003, the proliferation of much of the crime can be attributed to ex-soldiers tied to the previous military regime and common criminals (13 June 2003). Interwoven within these criminal elements is the drug trade where armed gangs compete over each other's territory, and hostility between rival political groups (Freedom in the World 2003 13 June 2003; see also International Narcotics Control Strategy Report 2002 Mar. 2003, Sec. II).

In Amnesty International's annual report for 2003, there are reports of armed supporters of pro-government and opposition political parties engaging in violent attacks following a 2 August 2002 prison break which saw over 150 inmates escape (see HRW 2003). Among the freed fugitives were former activist and ally of President Aristide, Amiot "Cubain" Metayer, and former paramilitary leader Jean Pierre Baptiste (aka Jean Tatoune) who now lead opposing armed gangs that have both been accused of various human rights abuses (AI 2003).

Evidence of criminality has also been reported by the Organization of American States (OAS) in the third report by its Secretary General on the situation in Haiti that was published on 25 March 2003. According to the OAS, a former paramilitary group that had been linked to an attack on the Lascahobas police station in December 2002, was further accused of committing a string of armed strikes against police stations in the Plateau Central and the North in 2003 (25 Mar. 2003). In addition, the OAS noted that gang wars in the Cité Soleil district of Port au Prince and in the city of Gonaives have claimed a number of lives (25 Mar. 2003).

With regard to state protection, various sources reported that state institutions set up to protect the citizenry are weak and ineffectual, and as a result, impunity and insecurity is pervasive (NCHR Sept. 2003, 22; Freedom in the World 2003 13 June 2003; HRW 2003; OAS 25 Mar. 2003). The OAS stated that while the Haitian National Police (Police Nationale du Haiti, PNH) has become bogged down with internal difficulties such as a lack of personnel and accusations of being connected to drug trafficking operations, crime and insecurity has mushroomed. According to the National Coalition for Haitian Rights (NCHR), the PNH has

shown a combined lack of will and capacity to perform its most basic duties. In fact, although the HNP [PNH] is already rife with corruption–from the method in which new recruits are selected to the level of alleged involvement in the drug trade to routine police misconduct–it is also besieged from above, below and within (Sept. 2003, 21).

The deteriorating situation of the PNH has apparently been further complicated by its politicization following the appointment to top positions of those loyal to Aristide's Lavalas party (NCHR Sept. 2003, 19-20; International Narcotics Control Strategy Report 2002 Mar. 2003, Sec. II). Human Rights Watch stated that the continued decline of state security has led to circumstances in which most criminals have evaded justice while others have been handled in a brutal manner (2003). Moreover, the government's declared policy of "zero-tolerance" towards crime-fighting has been perceived by some as an authorization for police misconduct since allegations of illegal and arbitrary arrests, as well as extra-judiciary executions, have been frequently reported (HRW 2003).

The June 2003 departure of national police chief Jean-Robert Faveur, who left the country after being on the job for only two weeks, is the latest example of the continuing decline of the PNH (Miami Herald 28 June 2003). According to the Miami Herald, Faveur, "Haiti's third chief in as many months," sought refuge in the United States (28 June 2003). At an event sponsored in Washington, DC, by the advocacy group Haiti Democracy Project, Faveur accused the Aristide administration of usurping his power by trying to direct the PNH from the National Palace (Miami Herald 28 June 2003).

Another phenomenon that has been denounced by human rights groups is the re-emergence of an attaché system of specialized paramilitary units called Special Brigades (Brigades Special, BS) that are being incorporated into various police stations since the government launched Operation Zero Tolerance on 28 June 2001 (NCHR 2 Sept. 2003; Miami Herald 21 Aug. 2003). Composed of armed civilians donning black t-shirts with the yellow letters "BS" emblazoned on the back, these auxiliary forces, operating under the official protection and authorization of local police chiefs, have been accused of rape, theft, summary executions and kidnapping (NCHR 2 Sept. 2003). The 2 September 2003 report by the National Coalition for Haitian Rights (NCHR) provides detailed information about the location and identification of individuals participating in and precincts out of which the BS are allegedly operating.

Relying on allegations that prosecutors and judges are vulnerable to bribes and threats as evidence, sources have reported that the legal system is weak and prone to corruption (International Narcotics Control Strategy Report 2002 Mar. 2003, Sec. I; Freedom in the World 2003 13 June 2003; NCHR Sept. 2003; 21). According to Freedom of the World 2003, the courts are hampered by a large backlog (that allow for lengthy pre-trial detentions), obsolete legal codes and inadequate facilities (13 June 2003). Moreover, the NCHR mentioned that

for the first time in recent history, judges have left [the country] in search of refuge, claiming undue political pressure to issue false warrants, make false accusations, or to mask the truth uncovered by their investigations (Sept. 2003, 21).

Please refer to Country Reports 2002, Sec. 1, for more information on the legal and judicial system in Haiti at <http://www.state.gov/g/drl/rls/hrrpt/2002/18335pf.htm>.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). 2003. "Haiti." Amnesty International Report 2003. <http://web.amnesty.org/web/web.nsf/print/hti-summary-eng> [Accessed 9 Oct. 2003]

Canada. 5 September 2003. Department of Foreign Affairs and International Trade (DFAIT), Consular Affairs Bureau. "Travel Report: Haiti." <http://www.voyage.gc.ca/dest/report-en.asp?country=117000> [Accessed 8 Oct. 2003]

Freedom in the World 2003: The Annual Survey of Political Rights and Civil Liberties. 13 June 2003. "Haiti." Edited by Adrian Karatnycky et al. <http://www.freedomhouse.org/research/freeworld/2003/countryratings/haiti.htm> [Accessed 8 Oct. 2003]

Human Rights Watch (HRW). 2003. Human Rights Watch World Report 2003. <http://www.hrw.org/wr2k3/print.cgi?americas7.html> [Accessed 4 July 2003]

International Narcotics Control Strategy Report 2002. March 2003. "Haiti." U.S. Department of State. Washington DC. <http://www.state.gov/g/inl/rls/nrcrpt/2002/html/17945.htm> [Accessed 8 Oct. 2003]

Miami Herald. 21 August 2003. Michael Norton. "Haitian Thuggery Revived, Rights Group Charges." <http://www.miami.com/mld/miamiherald/news/world/haiti/6581766.htm?template=contentModules/printstory.jsp> [Accessed 8 Oct. 2003]
_____. 28 June 2003. Marika Lynch. "Haiti's Ex-Chief of Police Cites Corruption." <http://www.miami.com/mld/miamiherald/news/world/haiti/6189488.htm?template=contentModules/printstory.jsp> [Accessed 4 July 2003]

National Coalition for Haitian Rights (NCHR). 2 September 2003. "The Return in Full-Force of the Attaché Phenomenon: NCHR Cries Out." <http://www.nchrhaiti.org/article.php3?id_article=88> [Accessed 8 Oct. 2003]
_____. September 2003. Yon Sel Dwet Pa Manje Kalalou: Haiti on the Eve of its Bicentennial. <http://www.nchr.org/pdf/HaitiOnTheEve.pdf> [Accessed 8 Oct. 2003]

Organization of American States (OAS). 25 March 2003. Third Report of the Secretary General on the Implementation of CP/Res. 822. (CP/doc.3715/03) <http://www.oas.org/OASpage/Haiti_situation/cpdoc3715_03_eng.htm> [Accessed 9 Oct. 2003]

United States. 15 August 2003. Department of State, Bureau of Consular Affairs.

"Consular Information Sheet: Haiti." <http://travel.state.gov/haiti.html>

[Accessed 8 Oct. 2003]

Additional Sources Consulted

IRB databases

World News Connection/Dialog

Internet sites:

Interpol, International Crime Statistics

United Nations Office on Drugs and Crime, Survey on Crime Trends

United States, World Factbook of Criminal Justice Systems

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