E/CN.4/1503
Annex I page 34
106. Between October and December 1980 a new wave of arrests took place. Reportedly, almost all independent journalists, broadcasters, human rights activists, lawyers defending politi- cal detainees and opposition leaders in the country were arrested or expelled during 1980, putting an end to the already limited rights to freedom of assembly, association, expression and information.
107. A delegation from the
the Inter-American Commission of Human Rights which visited Haiti in August 1978 and published its findings in 1980 had the following amongst its conclusions:
"There are reliable indicators that many individ- uals were
victims of torture inflicted
torture inflicted in certain cases by the neighbourhood chiefs, both during interrogations after arrests and during imprisonment. "It has been proven that numerous persons are detained without having benefited from any form of legal procedure, and without having access to an attorney.
There is no clear-cut separation
of powers in Haiti. Legal guarantees are seriously restricted by virtue of the 'state of siege' which is in effect on an almost permanent basis, and by virtue of the Security Court instituted by the law of August 25, 1977, establishing procedures with limited guarantees as to the right of a legal defence.
The Judiciary does not appear to have the independence necessary to exercise its functions. "It may be said that freedom of inquiry, opinion, speech and dissemination of thought does not exist. There are taboo questions which cannot be discussed, such as all matters cncerning the President's family, the dictatorship, the extra- budgetary revenues of the Régie du Tabac, controlled tobacco industry) etc.
recourse
(state-
There is to procedures such as warnings and admon- itions of increasing severity to journalists, issued by the Ministry of the Interior; there is also prior censorship, closing of newspapers, threats, assaults and incarcerations.
"Freedom of association is extremely restricted. Article 236 (bis) of the 1948 Penal Code, which
form requires government authorization to
a group of more than twenty people, prevents the creation of any literary, political or other type of associ- ation. Trade union freedom does not exist as such. There are neither federations nor confederations or trade unions; the right to strike is limited. The government has made it difficult to form politi- cal parties and associations in general.". 4/
4/ Reproduced in Amnesty International Report 1981.
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