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Arbitrary Arrest or Detention
Despite laws prohibiting arbitrary arrest and detention, as well as the Aristide era requirement to grant detainees a judicial hearing within 48 hours of arrest, "(o)fficials frequently (do) not comply (in) practice."
Role of the Police and Security Apparatus
UN Blue Helmets (MINUSTAH) and Haiti's police are responsible for law enforcement and maintaining order. However, both authorities commit numerous human and civil rights violations, as well as other criminal acts.
Arrest Procedures and Treatment While in Detention
Often, warrantless arrests are made on unspecified charges. Judicial hearings aren't provided. Pretrial detention is a serious problem, in some cases "up to five years - without being informed of charges against them."
Moreover, few Haitians can afford attorneys, and none are provided free. Overall, "discriminatory practices include arbitrary arrests, false accusation, (and) extortion attempts against (detainees) and their families."
At year end 2010, of the (reported) 5,331 persons in custody, only 1,722 were tried and sentenced. Of those awaiting trial, one-third have been incarcerated for a year of longer. Moreover, prison populations don't include many others held in police stations for prolonged periods with no hearings or filed charges.
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