Human Rights Situation: main trends, quarterly report January to March 2023

Human Rights Situation Main trends Quarterly report: January – March 2023 Unofficial translation from French 1 2 Key takeaways • The number of victims of killings, injuries and kidnappings increased by 28% compared to the previous quarter (October-December 2022), with a total of 1,634 cases reported. • Gang violence extended into areas of the capital previously considered safe, notably Kenscoff and Pétion Ville, as well as into the Artibonite department. • Sexual violence continued to be used as a weapon in the hands of gangs to terrorize and inflict harm on the population, especially women and girls. • “Vigilance brigades” and mob lynching against gang members and common criminals multiplied across the capital. • The UN High Commissioner for Human Rights conducted his first official visit to Haiti in February 2023. During his visit, he encouraged the international community to support the strengthening of the Haitian National Police, including the urgent deployment of a support force for a limited period of time and under conditions consistent with human rights standards. I. Armed violence The first quarter of 2023 saw a 28% increase in the number of people several municipalities in the Artibonite department, particularly in the killed, injured, and kidnapped compared with the previous quarter zones of Gonaïves, Liancourt, and Verrettes. (October – December 2022). Overall, armed violence augmented in Gangs continued to use snipers on rooftops to indiscriminately shoot frequency and intensity, affecting all communes in the metropolitan area people carrying out their daily activities, and to fire regularly into people’s of Port-au-Prince, and spilling over into the Artibonite department. residences. Students were also victims of stray bullets while in their Between January and March 2023, the Human Rights Service (HRS) of classroom or homes. In some instances, gang members burst into the United Nations Integrated Office in Haiti (BINUH) and the Office of neighborhoods and fired their guns indiscriminately to kill as many people the United Nations High Commissioner for Human Rights (OHCHR) as possible, burned people alive in public transportation vehicles, and documented 1,634 victims of killings, injuries, and kidnappings. Men executed everyone perceived to be opposed to the gang. These types of accounted for 80% of the victims, women 17%, and children 3%. attacks were often perpetrated along with other human rights abuses, such as mass looting and burning of houses, and resulted in the displacement of Victims of killings and injuries thousands of people. The highest number of casualties (killed and injured) was recorded in areas During this period, at least 21 police officers were killed as a result of of Port-au-Prince largely under gang control, notably Cité Soleil and gang-related violence, while at least 238 gang members were killed in turf Delmas, but also in localities previously considered safe, such as Pétion clashes (39%), police operations (33%), and by lynching or executions Ville and Kenscoff. Additionally, casualties increased dramatically in within gangs (28%). 3  Kidnappings self-defense resulted in the death of at least 75 people, 66 of whom were gang members, since the beginning of the year. Kidnappings remained a significant source of revenue for many gangs. The ransoms obtained were used to finance the acquisition of weapons, Following the killing of 12 police officers by gangs over a period of five pay individuals integrating their ranks and, occasionally, reward members days in January, protesters paralyzed, for two days, traffic and commercial of the population who provided support to hold victims captive. At least activities in Port-au-Prince, caused general chaos, and tried to target the 395 kidnappings were reported during the first quarter of 2023, Prime Minister who had just landed at the airport. representing an increase of 12% compared to the previous quarter. Socioeconomic impact Although victims of kidnapping included all types of people, there was an increase in the kidnapping of teachers, students, and parents inside or in The impact of armed violence contributed to inflation, including surging the vicinity of school buildings. Healthcare workers, as well as justice food prices. As in previous months, local businesses were forced to pay personnel and other civil servants, were also targeted. illegal taxes to gangs to continue operating. Key arterial roads remained under gang control. Along these roads, commercial trucks and other As reported in previous periods, sexual violence against victims of vehicles were systematically extorted, hijacked or robbed. kidnapping continued to be used, often as a means to coerce their families to pay a ransom. As reported by UNICEF, during the first week of February, 30 schools were shuttered across Port-au-Prince as a result of escalating violence, Sexual violence while over one in four schools has remained closed since October 20222. Without a protective environment, children become highly exposed to Sexual violence, including collective rape, continued to be used by gangs being recruited by gangs. to terrorize and inflict pain on populations under the control of rivals. Sexual exploitation was also reported as being used by gangs against A BINUH – OHCHR report3 published in February also showed that gangs women and girls living in the communities under their influence. have sieged neighborhoods to deliberately restrict the freedom of movement of the population and access to basic services, notably to food During the first quarter, the HRS referred 18 victims to medical and and water, but also to sanitation services, such as garbage collection. These psychosocial service providers. Although incidents of sexual violence are tactics worsened an already extremely unsanitary environment, promoting severely underreported, a local human rights organization denounced that the spread of infectious diseases, notably cholera. Against this backdrop, at least 652 women and girls were subjected to individual and collective as of 31 March 2023, at least 21 healthcare facilities were forced to close rape in gang-controlled areas over the past year1. or reduce their activities due to widespread insecurity in Cité Soleil and Mob and street violence Croix-des-Bouquets. As a result of increased gang violence and the weakness of the police, Displacement “vigilance brigades” and mob lynching against gang members and Violence and socio-economic precarity have caused high levels of forced common criminals multiplied across the capital. These mechanisms of displacement. During the reporting period, at least 13,490 people were 1 3 https://www.negesmawon.org/wp-content/uploads/2023/03/video.mp4 https://www.ohchr.org/en/documents/country-reports/population-cite-soleil-grip- 2 https://www.unicef.org/lac/en/press-releases/haiti-armed-violence-against-schools- gang-violence-investigative-report-human increases-nine-fold-in-one-year-unicef 4  displaced, with more than half originating from the Port-au-Prince Conditions of detention in Haitian prisons commune. As of 31 March, more than 127,000 people lived in a situation of displacement across the capital. As of 31 March 2023, a total of 11,462 persons were held in Haitian prisons, more than 83% per cent of whom were on pre-trial detention. The While there is no comprehensive data on the number of Haitians fleeing cell occupancy rate was 286%. During the first quarter of 2023, 20 deaths the country by land or sea, in early March the U.S. Department of of inmates were documented, most of them linked to malnutrition related Homeland Security reported that at least 3,567 Haitians were intercepted diseases. at sea over the previous five months4. During the first quarter 2023, the HRS supported an habeas corpus Further, the International Organization for Migration (IOM) reported that procedure which facilitated the release of 40 persons that had been at least 36,079 migrants were expelled to Haiti by countries in the region detained, in the prisons of Petit Goâve and Cap-Haitian, for minor offenses during the first quarter, in violation of international human rights norms, and that had not been tried within a reasonable time. This figure is in such as the prohibition of refoulement and collective expulsions. addition to the 110 prisoners that were released, following the same Approximately 90% of those expelled came from the Dominican procedures, between October and December 2022, in Port-au-Prince. Republic. Emblematic cases II. Fight against impunity The lack of accountability for serious human rights violations and abuses The justice sector remained dysfunctional due to the persistence of remains a major concern. No progress was made in the investigation into structural challenges, such as political interference, corruption, and lack of several of the so-called “emblematic cases” due to issues related to the judicial guarantees. However, some progress was observed with the appointment of judges and processing backlogs. The cases concerning the adoption of measures to improve the functioning of the judiciary. massacres in Grand Ravine (2017) and Bel Air (2019) remained stalled, partly because of the non-certification by the Superior Council of the International Sanctions Judiciary (CSPJ) of the investigating judges in charge of the cases. For the Between January and March, six new individuals, all of them belonging to Bel Air case, progress in the investigation was further hindered by the fact political and economic elites, were sanctioned by foreign States, on that two judges were assigned to the case, neither of whom was made accusations of corruption, drug trafficking, and/or providing financial and aware of the appointment of the other. Investigation into the assassination operational support to criminal gangs. This brings the total number of of Monferrier Dorval (2020) did not progress since the mandate of the sanctioned individuals to 25 since the approval by the United Nations judge in charge ended in June 2021. Finally, the investigation into the La Security Council, on 21 October 2022, of resolution 2653 (2022). The Saline massacre (2018) remained at a standstill due to a motion for recusal resolution established, among others, a targeted arms embargo, travel ban, filed before the Court of Cassation, in 2019, against the judge who was and asset freeze against individuals and entities responsible for or investigating the case. complicit in actions that threaten the peace, security, or stability of the Concerning the investigation into the assassination of President Jovenel country, including gang members and their sponsors. Moïse, the current Haitian judge in charge of the investigation interviewed three suspects, two of whom were released after their hearing. 4 https://www.news.uscg.mil/Press-Releases/Article/3316146/coast-guard- repatriates-49-people-to-haiti/ 5 Additionally, on 9 March, the Central Directorate of the Judicial Police 2021. The new appointments should facilitate the resumption of the Court (DCPJ) issued search warrants against 14 suspects, including a former of Cassation’s activities and are a step toward the restoration of judiciary anti-corruption state official, Joseph Félix Badio, as well as pastor Gérald and democratic processes. Bataille, armed gang leader Vitelhomme Innocent, and eight police officers. Forty-five individuals remained in detention in Haiti in Despite this positive step, strikes within the justice system continued. On connection with the assassination, including 18 Colombians, 20 police 1 March, the magistrates from the “Collective of Haitian Magistrates” officers, and seven other people. On their side, the judicial authorities of (COMADH) association, working mainly on the Public Prosecutor’s the United States arrested on 14 February, in Florida, four persons accused Offices of the Courts of Appeal and Courts of First Instance went on strike, of planning and financing the assassination of President Moïse. This latest until further notice, to demand improved working conditions. Among spate of arrests brought the number of people detained in the U.S. in other complaints, they expressed their dissatisfaction with “the persistent connection with the assassination to 11. A key development took place on discriminatory disparity of salaries” between the public prosecutors, their 24 March, when Rodolphe Jaar, one of the suspects in the case, pleaded deputies, and the judges. On 7 March, the National Association of Haitian guilty to his involvement and admitted to providing financial support for Clerks (ANAGH) joined the strike. those suspected of killing the President. Jaar was arrested in the Dominican Republic in January 2022 and extradited to the U.S. a few days Investigations into human rights violations committed by police officers later. BINUH continued to support the General Inspectorate of the Haitian Fight against corruption National Police (IGPNH) in investigating cases of human rights violations by police officers. During the period under review, 41 investigations were On 16 January, the CSPJ transmitted a list of 31 certified magistrates and opened involving 48 police officers. Nine investigations were concluded, 30 non-certified magistrates identified as corrupt and/or lacking moral resulting in seven dismissals and nine suspensions. This represents a integrity to the Ministry of Justice and Public Security (MJSP). In a note significant decrease in cases closed by the IGPNH compared to the published on 20 January, the Anti-Corruption Unit (ULCC) announced an previous quarter. Five out of the nine cases were sent to judicial authorities investigation into the assets of all uncertified magistrates suspected of for criminal prosecution. illicit enrichment. Nevertheless, several institutions, including the Ombudsman Office (OPC) raised concerns about the legality of the III. Support to national institutions and civil society procedure followed, which does not provide for an appeal against the decision of the CSPJ. In the first quarter of 2023, the HRS continued to support national state institutions and civil society organizations to enhance the protection of Functioning of the judiciary human rights by national actors. On 7 March, eight newly appointed judges to the Court of Cassation were Universal Periodic Review sworn in, including three women. The Court of Cassation, which is the highest court in the country, ensures compliance of electoral and judicial From 28 February to 1 March, the HRS supported the Inter-ministerial processes with the law. It also serves as constitutional court by exception. Human Rights Committee (CIDP) in organizing a workshop to revise the Its activities had remained paralyzed since 16 February 2022, due to the National Human Rights Action Plan. This plan, initially drafted in expiration of the terms of six judges, including that of its vice president, December 2019, outlines the priorities and actions of the Haitian who had been presiding over the court since its president's death in June Government to implement its international obligations and fulfill its 6  commitments in the field of human rights. The revision of this Action Plan support the strengthening of the Haitian National Police, including through is part of the recommendations made in Haiti's Universal Periodic Review the urgent deployment of a time-limited support force under conditions (UPR), which took place on 31 January 20225. During this review, 205 consistent with human rights norms and standards. He added that these recommendations were approved by Haiti. measures must be accompanied by a rapid and sustainable re- establishment of State institutions in gang-free zones, as well as a Fight against impunity profound reform of the judicial and penitentiary systems6. On 23 January, the first assembly of judges of the Port-au-Prince Tribunal of First Instance took place with technical and logistical support from the Recommendations: HRS and international partners. During the assembly, the judges adopted measures to expedite correctional, criminal, and special hearings, and • To the International Community: keep Haiti on the international committed to prioritizing emblematic cases involving serious human agenda and urgently consider the deployment of a time-bound rights abuses and violations. specialized support force under conditions that conform with human Campaign against sexual violence rights norms and standards. To enhance civil society capacities to prevent and respond to sexual • To the Government of Haiti: with the support of the countries in the violence, an awareness raising campaign was organized across the region, combat the smuggling and uncontrolled flow of illicit arms metropolitan area of Port-au-Prince through local human rights and ammunition, to curb gang violence. associations, and civil society and community-based organizations. One • To the Government of Haiti: with the support of the International of the activities carried out within the framework of this campaign took Community, support the judicial system particularly by establishing place in January and included the participation of more than 100 students specialized judicial task forces to fight against corruption and mass from La Saline National High School, located in Lower Delmas. Similar initiatives aimed at at-risk populations were also implemented in the crimes, including those involving sexual violence. neighborhood of Sarthe (Cité Soleil), as well as in the neighborhoods of • To the Government of Haiti: with the support of the International Lilavois and Meyer (Croix-des-Bouquets). Community, restore social services and projects, particularly in areas under gang control. Visit by the High Commissioner for Human Rights From 8 to 10 February, the United Nations High Commissioner for Human Rights conducted his first official visit to Haiti. During his visit, he met with senior Government officials, as well as representatives of civil society and the international community. At the end of his visit, he stated that measures to re-establish security will need to focus on accountability, prevention, and protection. Further, he stressed that Haiti must be kept on the international agenda and encouraged the international community to 5 6 https://www.ohchr.org/en/hr-bodies/upr/ht-index https://www.ohchr.org/en/statements/2023/02/un-high-commissioner-human- rights-volker-turk-concludes-his-official-visit-haiti 7  Victims of killings, injuries and kidnappings in Q4 2022 and Q1 2023 30 25 Number of Victims 20 15 (30-day moving average) 10 5 0 10/1/22 11/1/22 12/1/22 1/1/23 2/1/23 3/1/23 Disaggregation of victims of killings, injuries and kidnappings by gender and age group during Q1, 2023 People killed, injured and kidnapped 2.82% 846 Quarter 4, 2022 16.89% Quarter 1, 2023 541 382 393 354 395 80.29% Injuries Kidnapped Killed Men Women Children 8