(2017-07) Two Decrees: Reserving Former-Head-of-State Privileges to Directly Elected Presidents, and Creating the Land-Insecurity Intervention Brigade (BRICIF)
Summary — Published together in Le Moniteur No. 113 (19 July 2017), these two arrêtés signed by President Jovenel Moïse first reserve the former-head-of-state privileges granted by the 2015 arrêté exclusively to presidents elected by direct universal suffrage, and second create the BRICIF, a joint justice-police brigade to combat land seizure and property disputes in the Port-au-Prince and Croix-des-Bouquets jurisdictions.
Key Findings
- Former-head-of-state privileges (secretariat, security detail, transport) are reserved to directly elected presidents only, not other former officials.
- BRICIF is created as a joint prosecutorial-police brigade specifically for Port-au-Prince and Croix-des-Bouquets land disputes.
- BRICIF combines government commissioners, the DCPJ and specialized police agents under Justice Ministry authority.
- A justice of the peace must be present at every BRICIF field intervention.
- The brigade's performance is evaluated monthly with weekly reporting to the Minister of Justice.
Full Description
The first arrêté, adopted on the report of the Minister of Economy and Finance (Palais National, 12 July 2017), restricts the privileges provided by Articles 2 and 3 of the 23 September 2015 arrêté on former heads of state — secretariat, close-protection service and adequate transport, funded by the State — to presidents elected exclusively by direct universal suffrage, without altering privileges already granted to former heads of government. The second arrêté, adopted on the report of the Minister of Justice and Public Security, creates the Brigade d'Intervention Contre l'Insécurité Foncière (BRICIF), citing decades of armed, organized land seizures disrupting Port-au-Prince and Croix-des-Bouquets. BRICIF's mandate (Art. 4) covers receiving victims' complaints, intervening at land-crime scenes, apprehending offenders for referral to the competent jurisdiction, and facilitating enforcement of final court judgments. Its composition (Art. 5) includes the Secretary of State for Public Security, the government commissioners of the Port-au-Prince and Croix-des-Bouquets courts (or substitutes), the head of the judicial police (DCPJ), and specialized national-police agents; a justice of the peace from the conflict zone must be present at every intervention, and the brigade reports weekly with recommendations.