Haiti: Peace courts (tribunaux de paix); requirements and procedures for filing a complaint with a justice of the peace and obtaining a copy; effectiveness of this mechanism (2012 - May 2015) [HTI105174.FE]

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Description of Peace Courts and their Jurisdiction

Peace courts are lower level bodies of the Haitian justice system (US [2014], 17; International Crisis Group 27 Oct. 2011). The Haitian judiciary is organized into four levels, and justices of the peace, both permanent and ad hoc, occupy the fourth level (Haiti 2007, Art. 7, 11). The United Nations Development Programme (UNDP) explains that the Supreme Court (Cour de cassation) is the highest judicial body in the country, followed by 5 courts of appeal, and 18 courts of first instance (UN Apr. 2013, 14).

Sources report that peace courts administer local justice (CEDH 31 May 2015; RNDDH 1 Oct. 2012, 4). The National Human Rights Defense Network (Réseau national de défense des droits humains, RNDDH), whose headquarters are in Port-au-Prince and which works to implement the rule of law (RNDDH n.d.), describes the role of peace courts as [translation] “critical” to the administration of justice in Haiti (ibid. 1 Oct. 2012, 4). In correspondence with the Research Directorate, the Director General of the Ecumenical Centre for Human Rights [Centre œcuménique des droits humains (CEDH)], an organization that is part of the Citizens’ Forum for Justice Reform [Forum citoyen pour la réforme de la justice], a consultation forum for justice reform jointly coordinated by three Haitian organizations (Forum citoyen n.d.a), stated that the justice of the peace is [translation] “above all, an arbitrator, whose role is to reach agreements to resolve family and other disputes” (CEDH 31 May 2015).

Some sources state that a justice of the peace has jurisdiction in civil and criminal matters and is also [translation] “an adjunct to the government and a judicial police officer” (UN Apr. 2013, 14; Forum citoyen n.d.b). According to the Citizens’ Forum for Justice Reform, [translation] “a peace judge has judicial powers … in both civil and criminal arenas. A peace judge also has extrajudicial functions” (ibid.). The Centre for Legal Research and Information (Centre de recherche et d'information juridiques, CRIJ), a non-profit organization in Port-au-Prince that provides legal information to the Haitian population (CRIJ n.d.c), also acknowledges the penal and civil aspects of the prerogatives of the peace judge, but notes that a peace judge has [translation] “limited jurisdiction in civil matters” (ibid. n.d.a). Without providing further details, the Embassy of the United States in Port-au-Prince states that peace courts deal with “relatively simple” civil and criminal cases (US n.d.). According to the CRIJ, in civil matters, the justice of the peace handles “personal and property” matters not exceeding 25,000 gourdes [approximately $C630], although with respect to criminal law, the justice of the peace has jurisdiction over offences described as [translation] “petty offences” (ibid.).

Some sources report that Haïti has 189 peace courts (UN Apr. 2013, 14; Forum citoyen n.d.b). However, according to the CRIJ website, there are 179 peace courts (CRIJ n.d.a). According to the CRIJ, on 25 May 2015, out of a total of 892 magistrates making up the Haitian judicial system, 179 were [translation] “permanent” justices of the peace and 501 were [translation] “ad hoc” justices of the peace (ibid.). Chapter II, Section III of the 1995 Presidential decree relating to the organization of the judiciary [Décret présidentiel relatif à l'organisation judiciaire de 1995] describes the structure of peace courts and is attached to this Response (Haiti 1995).

2. Filing a Complaint with a Justice of the Peace
2.1 Types of Complaints that May be Filed with a Justice in General

According to a guide for victims of crime published on the CRIJ website, a person can file a complaint for the following criminal offences: petty offences (for example, theft of small objects or disturbing the peace), misdemeanours (such as robbery, manslaughter and fraud) and felonies (for example, rape, murder or armed robbery) (CRIJ n.d.b).

According to the same source, in general, a person may file three types of complaints: an ordinary complaint, a complaint with a claim for criminal indemnification and a private prosecution (ibid.). The descriptions in the following paragraphs come from the CRIJ website (ibid.).

An ordinary complaint is a letter that has [translation] “no particular format,” sets out the facts surrounding the complaint, and must be accompanied by “all supporting documentation” (ibid.). In an ordinary complaint, there is no need to [translation] “identify the offence and cite the applicable articles of the Criminal Code [Code pénal]” (ibid.). A complaint with a claim for indemnification may be filed for misdemeanours and felonies (ibid.). As with an ordinary complaint, it must be a letter with [translation] “no specific format,” set out the facts surrounding the complaint and be accompanied by [translation] “all supporting documentation” (ibid.). However, the complaint with a claim for indemnification must identify the [translation] “aggrieved party,” identify the offence, assess the injury caused and cite the applicable provisions of the Criminal Code (ibid.).

The private prosecution [translation] “is an act served by a bailiff” to the alleged perpetrator of the offence and is used for misdemeanours and felonies (unless the accused is less than 18 years old, in which case a complaint with a claim for indemnification must be filed). In addition to setting out the facts, identifying the office, assessing the injury caused and citing the applicable articles of the Criminal Code, the private prosecution must conclude with a [translation] “demand for relief” in which the complainant sets out the conditions they would like imposed on the accused, such as a conviction or the reimbursement of legal fees (ibid.).

2.2 Complaints Received by the Justice of the Peace

In correspondence with the Research Directorate, the Executive Secretary of the Platform for Haitian Human Rights Organizations (Plateforme des organisations des droits humains, POHDH), which is made up of eight Haitian human rights associations (POHDH n.d.), explained that although justices of the peace receive complaints about petty offences and [translation] “certain” misdemeanours, in the “provincial municipalities,” they receive “all complaints” and then forward them to a “competent judicial authority that is higher” in the hierarchy (POHDH 27 May 2015).

Moreover, in correspondence with the Research Directorate, the Director of the RNDDH stated the following:

[translation]

[g]enerally, any type of complaint [including ordinary complaints and complaints from a party claiming criminal indemnification] may be filed with a justice of the peace. However, the peace court only keeps complaints falling within its jurisdiction. Those that do not fall within its jurisdiction are referred to the Public Prosecutor’s Office for judicial follow-up. (RNDDH 11 May 2015)

The Director of the CRIJ, in correspondence with the Research Directorate, while corroborating the statements of the Director of the RNDDH concerning the mechanism for transferring complaints that fall outside the jurisdiction of the justice of the peace, stated that these complaints are transferred to the [translation] “government commissioner, in accordance with Articles 12 and 51 of the Code of Criminal Procedure (Code d'instruction criminelle)” (CRIJ 11 May 2015).

The Director General of the CEDH stated that [translation] “all criminal complaints” can be filed with a justice of the peace, who is an officer of the judicial police; in the event of petty offence, [translation] “the justice of the peace must try the offence as a simple police judge,” whereas “[i]n the event of a misdemeanour or a felony, the justice of the peace must refer the matter to the Public Prosecutor’s Office, after a socalled preliminary inquiry” (CEDH 31 May 2015).

2.3 Process to File a Complaint with a Justice of the Peace

According to the Director of the CRIJ, [translation] “there is no particular requirement for filing a complaint with a [justice of the peace], other than that it must be dated and signed [by the] complainant” (11 May 2015). The Director of the RNDDH also stated the following respect to filing a complaint with a justice of the peace:

[translation]

[f]or an ordinary complaint, there is no special format. [The complainant may] write a letter with acknowledgement of receipt in which [they] set out the facts of which they were a victim.

For a complaint from a party claiming criminal indemnification, ... even though, once again, there is no specific format, … the victim must specify that they are claiming indemnification. (RNDDH 11 May 2015)

The Director of the CRIJ provided the following information about the process for filing a complaint with a justice of the peace:

[translation]

[t]he registrar who receives the complaint must give an acknowledgement of receipt to the complainant. This acknowledgement is often given on the copy of the complaint retained by the complainant. In some courts, a number is assigned to the file with respect to this new matter.

If the complainant [cannot] read or write, the complainant appears before the registrar, who takes the statement for filing the complaint, transcribing it in a record, and issues a copy with the statement that this complainant did not sign [because they could not].

Sometimes, even though the complainant [can] read and write, the registrar receives the complaint in the form of a statement, which is signed by the registrar and the complainant. (11 May 2015)

Additional information, other than from the Executive Secretary of the POHDH, who also stated that complaints can be made orally (27 May 2015), could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The representatives of the CRIJ, RNDDH and POHDH all stated that there is no standard form to complete when filing a complaint (CRIJ 11 May 2015; RNDDH 11 May 2015; POHDH 27 May 2015). However, the Director General of the CEDH stated that [translation] “the Ministry of Justice had prepared complaint forms that only the accused had to complete. Unfortunately, these forms are not available in every part of the country” (31 May 2015).

3. How to Obtain a Copy of the Complaint

The Director of the RNDDH stated that [translation] “it is sufficient” for the complainant to go to the court registry to obtain a copy a complaint filed with a justice of the peace (3 June 2015). He also stated that because the the complaint is [translation] “confidential,” the general public can obtain only a copy of the judgment from the court registry (RHDDH 11 May 2015). However, the Director of the CRIJ implied that people other than the complainant could obtain a copy of the complaint, stating that [translation] “[to] obtain a copy of the complaint], the requestor must be an interested party; for example, [the] name [of the person who is requesting the copy] is mentioned in the complaint for any reason” (CRIJ 11 May 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Director of the CRIJ, people have to pay a fee to obtain a copy of the complaint (ibid.). However, according to the Director of the RNDDH, the law does not set out a fee to obtain a copy of a complaint from a justice of the peace (3 June 2015). The Director of the RNDDH nevertheless added that [translation] “in practice, come registrars seek a financial contribution … for personal reasons” (ibid.).

According to the Director General of the CEDH, it [translation] “is not difficult” to obtain a copy of a complaint when the complaint was written using a form (CEDH 31 May 2015). However, the Director General added that if the complaint was not written using a form, on [translation] “a plain sheet of paper,” “the copy will rarely be available, particularly because of problems with equipment and electricity” (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Effectiveness of the Mechanism for Filing a Complaint with a Justice of the Peace

The Director of the RNDDH stated that, considering

[translation]

the prolonged preventive detention, it can be inferred that some complaints filed with justices of the peace are not processed effectively [for the following reasons]:

  • There are inmates who have been detained on the orders of a justice of the peace [who have not been] heard, including cases that fall within the justice’s jurisdiction.
  • Files that are the jurisdiction of the peace court have been transferred to the Public Prosecutor’s Office. (RNDDH 11 May 2015)

Moreover, according to the Director of the CEDH, in criminal matters, [translation] “one offshoot … is the fact that a justice of the peace may retain cases that absolutely do not fall within their jurisdiction and that should have been referred to the Public Prosecutor’s Office (for example, cases of aggravated assault, rape, misdemeanours…)” (31 May 2015). In a report on the handling of rape complaints, the United Nations (UN) Office of the High Commissioner of Human Rights reports on cases that went unprocessed by justices of the peace, as well as [translation] “numerous” cases in which justices of the peace “exceeded their jurisdiction,” including by ordering the detention or release of suspects in situations where they were not authorized to do so and by reaching out-of-court settlement with victims and suspects in cases of criminal offences, whereas this is only allowed in civil matters (UN August 2013, 11).

According to the Executive Secretary of the POHDH, the lack of resources and secretaries, the lack of means to travel for investigations, and the absence or lack of police officers in courts are factors hindering the effectiveness of judges of the peace in processing complaints (27 May 2015). The RNDDH mentions these same problems in a report titled Performance of the Judiciary during 2013–2014 (Fonctionnement de l'appareil judiciaire au cours de l'année 2013-2014), and adds that it is [translation] “common” for peace courts to be “closed during the day,” and that staff members do not receive a regular salary (3 Oct. 2014, 11–13). Similarly, according to the Director General of the CEDH, with respect to the courts, [translation] “the basic infrastructures are [generally] deficient” (CEDH 31 May 2015). That same source also stated, [translation] “often, the justice of the peace is largely isolated and has no access to modern means of communication” (ibid.).

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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Centre œcuménique des droits humains (CEDH). 31 May 2015. Correspondence from the Director General to the Research Directorate.

Centre de recherche et d'information juridiques (CRIJ). 11 May 2015. Correspondence from the Director to the Research Directorate.

_____. N.d.a. “Connaître le pouvoir judiciaire.” [Accessed 29 May 2015]

_____. N.d.b. “Victime: comment déposer une plainte et quelles sont ses suites? [Accessed 3 June 2015]

_____. N.d.c. “À propos du CRIJ. [Accessed 15 June 2015]

Forum citoyen pour la réforme de la justice. N.d.a. “Le site du Forum citoyen c'est:.” [Accessed 29 May 2015]

_____ . N.d.b. “Système judiciaire.” [Accessed 13 May 2015]

Haiti. 2007. Loi portant statut de la magistrature. [Accessed 3 June 2015]

International Crisis Group. 27 October 2011. Keeping Haiti Safe: Justice Reform. Latin America/Caribbean Briefing No. 27. [Accessed 13 May 2015]

Plate-forme des organisations haïtiennes des droits humains (POHDH). 27 May 2015. Correspondence from the Executive Secretary to the Research Directorate.

_____ . N.d. “Présentation de la POHDH.” [Accessed 27 May 2015]

Réseau national de défense des droits humains (RNDDH). 3 June 2015. Correspondence from the Director to the Research Directorate.

_____. 11 May 2015. Correspondence from the Director to the Research Directorate.

_____. 3 October 2014. Fonctionnement de l'appareil judiciaire au cours de l'année 2013-2014. [Accessed 27 Apr. 2015]

____ . 1 October 2012. Observations sur le fonctionnement de l'appareil judiciaire haïtien au cours de l'année 2011-2012. [Accessed 13 May 2015]

_____. N.d. “Objectif global.” [Accessed 11 June 2015]

United Nations (UN). August 2013. Office of the High Commissioner for Human Rights, Section des droits de l'homme (SDH). La réponse policière et judiciaire aux cas de viol en Haïti. [Accessed 27 May 2015]

_____. April 2013. United Nations Development Programme (UNDP). Agnès Hurwitz. Assistance légale pour les femmes victimes de violence de genre en Haïti. [Accessed 27 Apr. 2015]

United States (US). [2014]. Department of State. “Haiti.” Rapport 2013 sur les droits de l'homme. [Accessed 13 May 2015]

_____. N.d. Embassy of the United States in Port au Prince. “Victim of Crime Assistance.” [Accessed 28 May 2015]

Additional Sources Consulted

Oral sources: Attempts to contact the following organizations were unsuccessful within the time constraints of this Response: Bureau des avocats internationaux; Comité des avocats pour le respect des libertés; Programme pour une alternative de justice.

Internet sites, including: AlterPresse; Amnesty International; ecoi.net; Factiva; Fédération internationale des ligues des droits de l'homme; France – Embassy of France in Haiti; Freedom House; Groupe d'appui aux rapatriés et réfugiés; Haiti – ministère de la Justice et de la Sécurité publique, Primature; HaïtiLibre; Haïti progrès; Human Rights Watch; Institute for Justice & Democracy in Haiti; LegiGlobe; Organization of American States—InterAmerican Commission on Human Rights; Radio France internationale; United Nations – Refworld, United Nations Development Programme, United Nations Stabilization Mission in Haiti; United States – Department of State.

Attachment

Haiti. 1995. Décret du 22 août 1995 relatif à l'organisation judiciaire. [Accessed 13 May 2015]

Associated documents