Me Arnel Rémy Provides Update on Several Pressing Issues

On Tuesday, August 5, Me Arnel Rémy met with the press to provide an update on several current issues which, according to him, require the informed opinion of legal experts and practitioners. Nenel Cassy Case: The DCPJ Exceeds Its Prerogatives During his address, the legal professional notably discussed the arrest of former senator for Nippes, Nenel Cassy, who is actively sought by the Central Directorate of Judicial Police (DCPJ). According to the activist lawyer, the DCPJ appears to be exceeding its prerogatives. As a technical judicial investigation body, it is authorized to handle cases related to corruption, vehicle theft, illicit drug trafficking, violent crimes, financial crimes, kidnappings and unlawful detentions, as well as arms and ammunition trafficking, or criminal association. However, Me Rémy laments that the DCPJ often acts as a court of judgment, whereas it should limit itself to its role as an investigator under the directives of the government commissioner. The human rights defender also spoke about the functioning of the Anti-Corruption Unit (ULCC), which is competent to conduct administrative investigations in cases of suspected corruption, particularly concerning embezzlement or influence peddling. He strongly condemned the recent intervention by ULCC investigators at the Ministry of Youth, Sports, and Civic Action. During this search — during which equipment and over one million gourdes were seized — Me Rémy reiterated that only an order issued by an investigating judge permits such an action in judicial investigations. According to him, the ULCC, considered a judicial police body (OPJ), often acts outside the legal framework defined by the decree establishing the institution's creation, powers, and operation. He accuses its director, Me Hans Ludwig Joseph, of committing acts in violation of current laws. A Critical Prison Situation Taking advantage of the conference, Me Arnel Rémy presented an alarming statistical overview of the situation in the country's correctional facilities.
He particularly drew attention to the Saint-Marc civil prison, where the organization he leads has recorded a high rate of detainees suffering from malnutrition. Cases of tuberculosis and malaria have also been recorded in recent months. Out of a total of 549 detainees incarcerated in Saint-Marc, only 200 have been tried and convicted. The others are awaiting hearings by their natural judge, but no progress is possible due to the growing insecurity in the Artibonite department, he explained. The situation is hardly better in Jacmel, where the human rights defense organization CADDHO reported 15 deaths, as well as in Petit-Goâve, where 5 deaths were recorded, all linked to malnutrition, according to reports. Almost all civil prisons in the country — particularly in Jérémie, Jacmel, Petit-Goâve, Saint-Marc, and Port-au-Prince — face inhumane detention conditions. Detainees have no access, or very limited access, to adequate food, drinking water, healthcare, or even toilets. The Center for the Analysis of Human Rights (CADDHO) deplores the inaction of the Directorate of Penitentiary Administration (DAP), which it accuses of having failed in its mission. Faced with this dramatic situation, the organization issues an urgent appeal to the authorities to visit the country's civil prisons themselves to assess the situation and provide concrete and lasting solutions. Jacques Innocent