Research Directorate, Immigration and Refugee Board of Canada, Ottawa
1. Peace Court Procedures
Sources indicate that the functioning of peace courts is governed by law, specifically by the Decree of 22 August 1995, relating to the organization of the judiciary (Décret du 22 août 1995 relatif à l’organisation judiciaire) (Haiti n.d.; Haïti Justice n.d.). Section III of the decree addresses peace courts and is attached to this Response. Response to Information Request HTI105174 of June 2015 provides information on peace court procedures. Further information or information regarding consistency in peace court procedures in Haiti could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2. Peace Court Records
According to Haiti’s Code of Criminal Procedure (Code d’instruction criminelle), peace court justices of the peace prepare peace court records concerning the felonies, misdemeanors and petty offences that they investigate and about which they receive a complaint, report or accusation (Haiti 1836 Art. 11).
According to the website of the Superior Council of the Judiciary (Conseil supérieur du pouvoir judiciaire, CSPJ), [translation] “except for judgments, [the registrar] prepares all the paperwork, documents and records that the justice must sign” (Haiti 21 June 2015). The same source adds that the registrar [translation] “takes down the dictation of the justice for reports, records, hearing notes, etc. that will allow the justice to render their decisions. In other words, they prepare all the paperwork originating from the court” (Haiti 21 June 2015). Similarly, an article by the Haitian daily newspaper Le Nouvellistestates that the registrar [translation] “is responsible not only for preparing judgments but also all records and other documents that the justice will sign” (Le Nouvelliste11 July 2017).
According to one international institution consulted by the French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides, OFPRA) during a mission in Haiti between 26 March and 7 April 2017, all written court proceedings and arguments take place in French (France 2017, 35). In 2017, a representative of Haiti’s Office of Human Rights (Bureau des droits humains en Haïti, BDHH) [1] reported to the OFPRA that [translation] “during testimony before the justices, people are generally heard and questioned in Creole, but their statements are transcribed in French and they have to sign the records without being able to read them again” (France 2017, 35). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to an ad-hoc justice of the peace who was also queried by the OFPRA, [translation] “exhibits in court records are, in principle, issued exclusively to the parties involved in the dispute, their counsel, or one of their immediate family members, in the form of an excerpt of the registry minutes signed by the registrar” (France 2017, 37). The BDHH representative indicated to the OFPRA that a complainant may sometimes be unable to obtain such a document [translation] “because it is not uncommon for the courts, justices or lawyers to misplace records” (France 2017, 37). Corroborating information could not be found among the sources consulted within the time constraints of this Response.
For further information on the procedure for obtaining a copy of a complaint, see Response to Information Request HTI105174 of June 2015.
2.1 Content, Appearance and Security Features of the Records
Haiti’s Code of Criminal Procedure states the following regarding the content of records produced by justices of the peace:
[translation]
[Justices of the peace] will document, in the records they prepare for that purpose, the nature and circumstances of petty offences, misdemeanors and felonies; the time and place they were committed, evidence and indicia against the alleged perpetrators. (Haiti [1937], Art. 11)
In correspondence with the Research Directorate, a representative of the National Human Rights Defense Network (Réseau national de défense des droits humains, RNDDH) [2] provided the information in the following paragraph:
The content of records may vary [translation] “depending on the nature of the request”: they contain “general phrases” and “information relating to the purpose of the document,” depending on whether it is a statement, a report or a hearing. All justices, [translation] “intentionally or not,” do not demonstrate “the same rigour” when it comes to the “relevance of the content” in a record. Records may be typed or electronic (RNDDH 23 May 2019). Corroborating information or further information on the format and appearance of records could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2.1.1 Signatures and Seals
In correspondence with the Research Directorate, the RNDDH representative also provided the following information:
Records are signed by the justice and by the registrar who assists them; however, sometimes they are signed by only one of the two, [translation] “when there is an emergency in a difficult situation” (23 May 2019). Records are sealed with the seal of the court that issues them (23 May 2019). The seal, [translation] “wet or dry,” is generally “affixed at the bottom of the page, … near, next to, in the middle … or on the signature,” but it also often appears at the top of the first page (27 May 2019).
The RNDDH representative stated it believes that [translation] “there is no standard … across the various peace courts” with regard to whether the seal must be affixed over the signature or whether the signature can be made on top of the seal (27 May 2019). Corroborating information or information on other security features in the records could not be found among the sources consulted within the time constraints of this Response.
2.2 Fraudulent Records
According to information gathered from various stakeholders during the OFPRA’s mission in Haiti, there is corruption within Haiti’s judicial system (France 2017, 34, 37). The US Department of State's Country Reports on Human Rights Practices for 2018indicates the following with regard to peace courts:
The functioning of peace courts, the lowest courts in the judicial system, was inadequate. Judges presided in chamber based on their personal availability and often maintained separate, full-time jobs. Law enforcement personnel rarely maintained order during court proceedings, and frequently there was no court reporter. Bribes were often the principal factor in a judge’s decision to hear a case. (US 13 Mar. 2019, 11)
The OFPRA also indicates that [translation] “the deplorable state” of peace courts, owing to “damage caused by the earthquake on 12 January 2010 and/or Hurricane Matthew in September 2016 … impedes proper justice” (France 2017, 34).
Apollon Rovelsond of the National Episcopal Commission of Justice and Peace (Commission épiscopale nationale de justice et paix, CE-JILAP) [3] told the OFPRA that due to a lack of material and human resources, and particularly decent wages for justices and members of other legal professions, [translation] “a person can very easily obtain any type of legal document through corruption” (France 2017, 37). According to an RNDDH representative who responded to questions from the OFPRA in 2017, [translation] “many false legal documents circulate without being easily detected” (France 2017, 37). The representative also indicated that the only way to determine the authenticity of a judgment is to check whether it is recorded with the registrar of the court concerned” (France 2017, 37). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
In correspondence sent on 23 May 2019, the RNDDH representative indicated that some records may be [translation] “fraudulent but legal,” meaning that they were issued by a registrar who forged the justice’s signature; in this case, according to the source, the person who holds such a document may not be aware of the irregularity because they obtained it legally (RNDDH 23 May 2019).
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.
Notes
[1] Haiti’s Office of Human Rights (Bureau des droits humains en Haïti, BDHH) is an independent Haitian NGO that provides free legal assistance to vulnerable persons in Haiti (BDHH n.d.).
[2] The National Human Rights Defense Network (Réseau national de défense des droits humains, RNDDH) is a Haitian NGO that works in two principal areas: [translation] “human rights education” and “monitoring the human rights violations of key state institutions” (RNDDH n.d.).
[3] The National Episcopal Commission of Justice and Peace (Commission épiscopale nationale de justice et paix, CE-JILAP) is a Catholic social institution with representation throughout Haiti whose priority is to promote and advocate for human dignity and human rights (CE-JILAP n.d.).
References
Bureau des droits humains en Haïti (BDHH). N.d. “Le BDHH .” [Accessed 28 May 2019]
Commission épiscopale nationale de justice et paix (CE-JILAP). N.d. “Justice et paix .” [Accessed 28 May 2019]
France. 2017. Office français de protection des réfugiés et apatrides (OFPRA). Rapport de mission en République d’Haïti . [Accessed 16 May 2019]
Haiti. 21 June 2015. Conseil supérieur du pouvoir judiciaire (CSPJ). “Le personnel des cours et tribunaux .” [Accessed 16 May 2019]
Haiti. 1836. Code d’instruction criminelle . [Accessed 16 May 2019]
Haiti. N.d. Ministère de la Justice et de la Sécurité publique. “Les tribunaux de paix .” [Accessed 16 May 2019]
Haïti Justice. N.d. “Le système judiciaire .” [Accessed 16 May 2019]
Le Nouvelliste. 11 July 2017. Jhuan Vladimir Hans Mombrun. “À quoi servent les greffiers dans le système judiciaire haïtien? ” [Accessed 16 May 2019]
Réseau national de défense des droits humains (RNDDH). 27 May 2019. Correspondence sent to the Research Directorate from a program assistant.
Réseau national de défense des droits humains (RNDDH). 23 May 2019. Correspondence sent to the Research Directorate from a program assistant.
Réseau national de défense des droits humains (RNDDH). N.d. “Vue d’ensemble du programme de surveillance .” [Accessed 6 June 2019]
United States (US). 13 March 2019. Department of State. “Haiti.” Country Reports on Human Rights Practices for 2018 . [Accessed 5 June 2019]
Additional Sources Consulted
Oral sources:Avocats sans frontières Canada; Bureau des droits humains en Haïti; Centre de recherche et d’information juridique; Comité des avocats pour le respect des libertés individuelles; Haiti – Office de protection du citoyen; Initiative de la société civile; Institute for Justice and Democracy in Haiti; Interuniversity Institute for Research and Development.
Internet sites, including:Amnesty International; Copenhagen Consensus Center; ecoi.net; Freedom House; Human Rights Watch; Loop Haiti; Organization of American States; UN – United Nations Mission for Justice Support in Haiti, Refworld.
Attachment
Haiti. 1995. Ministère de la Justice. “Section III. Des tribunaux de paix .” Décret du 22 août 1995 relatif à l'organisation judiciaire. [Accessed 7 June 2019]
