William G. O'Neill, New York, NY
The Haitian National Police: A Mixed Record

An investigation into human rights abuses committed by Haitian National Police (HNP) officers and the efforts made by HNP's top leadership to punish and prevent such violations are part of a report released Jan. 22 by Human Rights Watch/Americas, the Washington Office on Latin America and NCHR.

The 40-page report, entitled "The Human Rights Record of the Haitian National Police," reaffirms that creating a police force that respects and protects human rights is not only central to the rule of law, but also essential to Haiti's struggle to implement a full transition from dictatorship to democracy.

The three human rights organizations investigated cases where HNP officers had killed civilians in circumstances where the police could not legitimately claim that they were acting in self-defense. The report also documents cases of torture and mistreatment of detainees based on numerous interviews with the person who was tortured or mistreated, HNP officers and witnesses.

These violations -- combined with lesser offenses like abusing authority, stealing police property, reporting late for work and damaging police vehicles -- undermine the HNP's efforts to create a rights-respecting police force that Haitian citizens can respect as a professional national law enforcement organization.

The report makes clear, however, for the first time in Haitian history, HNP leadership has acted to punish officers who violate the law and the human rights of citizens. The Inspector General's office has disciplined dozens of officers and has fired over 50 from the department. Thirteen officers are now awaiting trial on murder charges. The Inspector General has also suspended, transferred and docked the pay of officers who have violated police rules of conduct.

While laudable, the report notes that more needs to be done, including providing more personnel and resources to the Inspector General's office, and jump-starting Haiti's notoriously corrupt and ineffective legal system so that police officers who violate the law are prosecuted and punished.

The report analyzes the various causes of police misconduct, including lax oversight of police behavior during the first year of the HNP's existence from mid-1995 to mid-1996. The HNP suffered from an extremely hasty initial training period of four months, severe shortages in basic police equipment (including vehicles, radio communications and defensive equipment like shields and bullet-proof vests) and the virtual absence of trained and experienced commanding officers in the field.

Taken together, these factors partly explain some of the HNP's abusive behavior. For example, poorly trained and equipped officers with no experience and ineffective field leadership sometimes panicked when faced with circumstances like non-violent demonstrations. They resorted too quickly to their firearms, and avoidable death and injury followed (in other cases, officers acted in complete disregard of Haitian and international law, and the only acceptable response is disciplinary action and possible prosecution).

The HNP, with vital assistance from international donors, has started to address the force's deficiencies. For example, the U.S. Department of Justice's International Criminal Investigation Training Assistance Program (ICITAP) provided supplemental training to HNP officers in the legal use of force and firearms during the summer of 1996. In another development in mid-1996, France trained a special HNP crowd control unit. This unit successfully observed -- and helped keep peaceful -- several demonstrations in late 1996, but their hasty and apparently unjustified use of tear-gas during a peaceful march in mid-January led to one demonstrator losing his hand after he grabbed a tear gas grenade. This incident underscored the need for on-going training and close oversight.

Other assistance includes the United Nations International Civilian Police (CIVPOL), who work in station houses with the HNP, and sometimes go on patrol with the officers. CIVPOL officers can also pass on valuable on the job training and advice. Also, the UN/Organization of American States International Civilian Mission in Haiti (MICIVIH) has sent members of its legal team to help train officers in human rights principles. One shortcoming the report highlights is the reticence of some CIVPOL officers to monitor or critique the human rights performance of the HNP, leaving this area to MICIVIH. The report criticizes this tendency, and underscores how CIVPOL are often ideally placed to observe the HNP and to provide timely assessments of their work.

Haitians have never experienced a police force that worked to protect them from crime. Security forces in the past have killed, tortured, beaten and extorted money from the people they were supposed to serve. Because of this historical record, the report describes the importance of public education programs to explain to Haitians how the HNP needs their help and cooperation to prevent crime and protect lives and property. The HNP, in turn, needs to earn the population's trust by observing human rights norms and punishing officers who flout them. Another important strategy in the campaign to create a healthy relationship between the police and the population involves extensive police participation in community activities. The report notes the success of several community policing initiatives where HNP officers visit schools, sponsor local sporting events, participate in community development projects and meet regularly with community groups.

NCHR, Human Rights Watch/Americas and WOLA make numerous recommendations in the report, including:

• The HNP must establish a policy of zero tolerance for abuse, and aggressively prosecute police who torture, kill or commit other human rights violations.

• Police authorities must provide the inspector general with all the necessary resources to conduct thorough investigations, vigorously apply appropriate disciplinary measures and facilitate the ability of citizens to file complaints of police abuse.

• The Ministry of Justice must insist that judicial authorities actively pursue investigations of police abuse.

• Police authorities must make information available to the public on cases of abuse, and describe disciplinary measures taken against police officers in response to citizen complaints.

• The international community and Haitian police authorities must continue to work together to strengthen police leadership and training, improve logistical capabilities and emphasize the importance of respect for human rights.

• The Haitian government and police authorities should work with non-governmental and local organizations to improve the understanding among the general public of the police's role and how to enhance community relations. Public education campaigns should also emphasize the mechanisms available for making complaints of police abuse.

To download the report, click on this link now: The Human Rights Record of the Haitian National Police .