National Police of Haiti / Violation of human rights: An overwhelming report from the Je Klere Foundation

• May, 27 2020 à 21:32
• Jean-Claude Dorsainvil
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In a report published on May 12, 2020, the JE KLERE Foundation (FJKL) has drawn up a non-exhaustive list of cases of human rights violations involving these police officers, from October 2019 to date.


At the end of 2019, marked by demonstrations often punctuated by opposition violence to demand the departure of Jovenel Moïse from power and followed by events in the lock country, on October 27 this year, agents of the forces of the order, which often found themselves in front of the people at that time, demonstrated to demand better working conditions and the right to form a union.


This movement which at the beginning should be a simple demonstration was more and more radical, the police officers whose currency is to protect and to serve became outlaws, according to the reports of investigation of several institutions of defense of the human rights of the country.
The Je Klere Foundation (FJKL) said that for some time now, it has seen an increase in cases of human rights violations at the level of the National Police of Haiti (PNH).


"Bastonnade, summary executions, verbal threats, indecent assault, excessive use of force, fire and destruction of public and private property, inhuman and degrading treatment, violation of citizens' rights and freedoms now characterize the practices of the PNH which seems to have a free hand to act with total impunity ”, listed the FJKL in its report.

In this report, the FJKL notes several cases of human rights violations including:

An armed attack on November 29 and 30, 2019 in Tigòdèt (Mariani-Gressier) that left eight (8) victims including three dead and four wounded by bullets, according to the local investigation conducted by the FJKL on the attack led by the police officer Phanel PIERRE alias Mikmik, Polifront agent accompanied by Wilfrid Borde BARTHELEMY alias Panangrenn and Emmanuel FRANÇOIS dit Manno, the ASEC of the area, elected under the banner of PHTK.
The case of ex-deputy Wuinchel OLIVIER in Caradeux on March 5, 2020
"On the night of Thursday, March 5, 2020, around 11:00 p.m., ex-MP Wuinchel OLIVIER de Cavaillon was going to drop a friend when he was stopped by a Toyota brand vehicle (Zo reken) with only one light on. Panicked knowing that it was a similar vehicle that had kidnapped his ex-colleague Sinal BERTRAND, a short time before, he decided not to stop. And the occupants of the suspect vehicle opened fire on its Toyota Land Cruiser branded vehicle with large arms. He decided to stop. The mayor of Tabarre, Nice SIMON, who was in the vehicle, got out, observing that it was a police vehicle and then addressed the police. Wounded by a gunshot, the ex-MP asked the police to take him to the hospital. The latter refused. He had to fend for himself to get to the hospital. The ultrasound shows that he was shot between the seventh and eighth rib on the left side. His case requires surgery, ”reported the FJKL.

The FJKL also noted the act of aggression against students and teachers of the École Normale Supérieure on March 13, 2020 by agents of the General Security Unit of the National Palace (USGPN) who beat up two teachers (Jean Kevni INNOCENT and Calito ESTIME) and drawn on the premises of the said institution.
The human rights organization also highlighted the attack on journalist Georges Emmanuel ALLEN on April 28, 2020 by police officers in Delmas 33.

The FJKL further stresses that a number of non-exhaustive cases have been brought to its attention, such as attacks on journalists, the burning of stands erected in the Champ-de-Mars area as a prelude to the national carnival, the seizure of more than fifty vehicle keys by police officers as part of a violent demonstration, the attempted fire at the premises of Cabinet MADISTIN, the attempted fire at Radio Caribbean premises at rue Chavannes and the fire of several vehicles of certain employees of the station by masked individuals, claiming the movement of the police among others.
"Is this not the height of intolerance? The cult exacerbated by the single thought? An aggression against the pluralism of ideas essential to the functioning of a democratic society? "Asked the FJKL.

Following all these analyzes, the FJKL said that at the level of the PNH today “the absence of command, authority, respect for principles, moral and deontological values as well as the non-application of the regulations, laws and standards ”.
"It is the political authorities who decide what to do at the police level: it is the Prime Minister and not the Director General of the Police who announced the right to form a union at the PNH level without no regulatory text as if an order could create rights. Similarly, it was the Minister of Justice who announced the imminence of an intervention in Village de Dieu likely to cause collateral damage and not the Departmental Director of the Western Police (DDO) through the door -police of the Police. The General Police Directorate is therefore absent, the General Police Inspectorate (IGPNH) nonexistent and the chain of command broken, "continued the FJKL.


At the same time, the FJKL stated that during the period covered by this report, it noted that:
1.- The PNH systematically violates the principles of the United Nations (UN) on the use of force adopted on September 7, 1990 at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.

The use of force and the use of coercion at the level of the PNH are abusive and arbitrary:

- Police demonstrate with masked faces like bandits do. No position taken by the High Police Command prohibits such practices when this practice constitutes an offense under criminal law in democratic states.

- No arrests have been announced at the level of the police, who are causing disorder and anarchy among the population in full view of everyone. No cases of dismissal from the ranks have been reported either.

However, it is taught in police schools and academies that the use of force is done by the police:
a) In cases of apprehension in flagrante delicto;
b) In cases of self-defense of persons and property;
c) By order of the law and command of the legitimate authority;
d) With the authorization of the Magistrate.

In all cases the use of force must obey the principle of necessity and proportionality. In all other cases, the use of force is arbitrary and punishable, and the perpetrators must be prosecuted and subject to the disciplinary and penal sanctions necessary for their case. None of this has been done in any of the cases listed here.

2.- The PNH no longer protects
Citizens are killed, shredded and their bodies exposed on social networks by assassins with complete peace of mind. They are not prosecuted on the pretext that law enforcement officials fear the reaction of Human Rights organizations in the event of a massacre as if it were by massacres that the police had learned to attack armed gangs in their homes. training centers. Result: the police attack defenseless people and are afraid of attacking armed bandits who sow mourning and despair among the civilian population; the body no longer inspires confidence and questions are now raised at the level of the population about the usefulness of this budget-consuming body.

3.- The end of discipline and hierarchy at the level of the PNH;

The police are on all social networks and mainstream media to tackle their supervisors, call for seduction, rebellion and disorder. They convey a fascist discourse threatening freedom of expression, pluralism of ideas and all those who oppose their anarchic actions.

4.- Absence of ethical and deontological rules in the actions of the PNH

5.- A deliberate desire, by PNH agents, not to submit to the constitution, the laws of the Republic and international conventions ratified by Haiti.

In this sense, the FJKL requests the HNP High Command and the Government to respect Haiti’s international commitments to public safety and human dignity while there is still time.