Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community

Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community

Summary: The IACHR's assessment of the administration of justice in Haiti, adopted on 26 October 2005 during the interim government that followed the 2004 crisis. Unlike the Commission's seven Haiti country reports on the general human rights situation, this one takes the justice system as its subject, and sets out what it would take for Haiti and its international partners to rebuild it.
Key Findings
Full Description

Adopted by the Inter-American Commission on Human Rights on 26 October 2005 and printed in 2006, this is the one report in the Commission's Haiti run whose subject is the administration of justice. The other seven take the general human rights situation.

It opens with the events of 2003 to 2005, the departure of President Aristide and the interim government that followed, and is explicit about where its information came from and how the report was approved. The analysis then sets Haiti's justice obligations against its international and regional treaty commitments and the 1987 Constitution, describes the court system as it stood, and works through the main problems in turn.

Those problems are treated at length and separately: the security situation and the staffing and working conditions of the Haitian National Police; abuses of force attributable to the police, with extrajudicial killings and torture examined as distinct categories; arbitrary arrest; the police disciplinary system; the court system and the problem of impunity; and the prisons and other places of detention.

The report closes on what it would take to build a professional police force and a working court system, addressed to Haiti and to the international community together, as its subtitle announces.

Sectors
Geography
Time Coverage
2003-01 to 2005-10

How to cite

Organization of American States (OAS); Inter-American Commission on Human Rights (IACHR), 2005, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, https://www.oas.org/en/iachr/reports/cch/country.html

Rights holder
Organization of American States (OAS)|Inter-American Commission on Human Rights (IACHR)