Dominican Republic and Haiti: Country Studies

Dominican Republic and Haiti: Country Studies
release of 477 prisoners and referral of 160 detainees to the
courts.
The constitution stipulates that a person may be arrested
only if apprehended during commission of a crime or if a warrant
has been issued. The detainee must be brought before a
judge within forty-eight hours of arrest. The police often take a
cavalier attitude toward the legal requirements for the issuance
of valid search and arrest warrants, adequate evidence for
arrests, and presentation of suspects before a judge within
forty-eight hours. The constitution prohibits the interrogation
of those charged with a crime unless the suspect has legal counsel
present or waives this right. Most accused cannot afford
counsel, and, despite efforts of local and international human
rights groups to provide legal aid, many interrogations continue
to be held without counsel present. During actual trials,
most defendants have access to counsel. Notwithstanding the
order of the minister of justice that Creole be used in the
courts, most legal proceedings continue to be conducted in
French, which only about 10 percent of the population speaks.
Under the post-1994 civilian regime, there were no reported
cases of the previously common practice of secret detention.
The number of arbitrary arrests also declined significantly. The
government has detained political opponents and persons
associated with the former military regime, often on vague
charges of plotting against the state. In some cases the authorities
have responded to court orders to release such prisoners,
but in others political prisoners have continued to be held contrary
to court rulings.
The Ministry of Justice and Public Security is said to have
made a sincere effort to overcome the stagnation of the trial
system, releasing those who had already served more time than
if they had been found guilty. As part of a new project, law students
assist detainees to prepare their cases. The constitution
provides protection against unnecessary force, psychological
pressure, or physical brutality to extract confessions. However,
police mistreatment of suspects at the time of arrest remains
common.
Prison System
Haiti's prisons have long been notorious for their inhumane
conditions and often cruel treatment of inmates. A United
States Marine Corps report described them in 1934 as "a disgrace
to humanity." Under the military regime of 1991-94, the
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