The Citizen Observatory for Institutionalizing Democracy (OCID), a consortium of civil society, composed of the Civil Society Initiative (ISC), the Ecumenical Center for Human Rights (ECHR) and JURIMEDIA deployed from 28 March to 11 April 2016, 18 regional coordinators in order to investigate among the prosecutors of the courts of first instance the country, on the fate of arrests recorded during election days of August 9 and October 25, 2015.

Outcome of this investigation :

"Of the 18 commissioners and substitutes commissioners interviewed, only one (that of Mirebalais) has not answered questions from investigators. The information gathered help determine the current legal status of arrested individuals and the state of affairs of the repression of breaches of the Electoral Decree.

In the occasion of elections of 9 August and 25 October 2015, 17 parquetiers reported 208 defendants brought before them for violations of the electoral legislation : 1 to the prosecutor of Anse-à-Veau, 7 to Aquin, 3 to Cap-Haïtien, 3 to the Coteaux, 24 in Croix-des-Bouquets, 5 to Fort-Liberté, 12 to the Gonaïves, 12 in Grande Rivière du Nord, 4 to Hinche, 4 to Jacmel, 7 to Jérémie, one to Miragoâne, 34 to Petit-Goâve, 75 to Port-au-Prince, 4 to Port-de-Paix and 12 to Saint-Marc. No cases were reported by the prosecutor of Les Cayes.

Regarding the nature of the violations of the electoral law, imputed to these 208 individuals, it is 116 cases for contraventions 73 for misdemeanors and 11 for crimes. The parquetiers interviewed did not provide the information about 8 cases of arrest. As for the follow-up conducted by the prosecution of cases of arrest, standing magistrates interviewed reported 22 cases of referral to the instruction office, 35 referrals to criminal court and 55 releases. It is noteworthy that most of them refrained from comment on the current status of 96 cases of arrest.

Note that, according to interviewed parquetiers, 16 defendants were convicted and 152 were acquitted. For the 40 other cases, the information has not been provided by respondents.

Regarding the constraints faced by the parquetiers in their work aimed at suppressing electoral offenses, two of them (Grande Rivière du Nord and Gonaïves) claimed to have been subjected to threats and intimidation from parliament or political parties. Another 7 Commissioners and Substitutes Commissioners revealed to have received no special training in electoral legislation. In the other 10 prosecutors prosecutors, stakeholders said they had received specific training in this field under the auspices of one of the following institution: School of the Judiciary, Ministry of Justice, the Provisional Electoral Council (CEP), Superior Council of the Judiciary (CSPJ), US Agency for International Development (USAID-Haiti), or the Minustah."

See also :

https://www.haitilibre.com/en/news-15076-haiti-elections-observation-of-the-first-phase-of-challenges-some-figures.html

https://www.haitilibre.com/en/news-14013-haiti-elections-ocid-for-a-different-haitian-electoral-observation.html

https://www.haitilibre.com/en/news-15799-haiti-elections-the-challenges-in-figures.html

HL/ HaitiLibre