CHARGED AT THE OFFICE OF EDUCATION
In Investigating Chambers, an accused must be expressly informed of his right: to be assisted by a lawyer or a witness of his choice during his first court appearance and not be questioned in the absence thereof, to claim the benefit of legal assistance if he can not afford the services of a person skilled in the art to apply in any event his provisional release on condition that occur in all phases of the procedure and for enforcement of judgments, he is required immediately, to appeal against any final order of the Magistrate.
This is the ideal side ... the normative question. But what about the real situation of the accused to the Cabinet of Instruction?
What we see is that prescribed by law are not respected. The accused spent months or even years in pretrial detention in custody by Judge Instruction before it issued its order closing. In most cases it is not present at the cabinet level of instruction, and is not aware of his rights. He is interviewed often under pressure and with discrimination as if he were already convicted. However, the magistrate shall instruct to load and discharge taking into account the principle that anyone accused of a crime is presumed innocent until proved guilty according to law.
Another remark: the defendant is interviewed in Creole, while the transcript is made in French on the minutes of interrogation. We hear the defense lawyers say in court:''The judge has betrayed the thought of my client since he had testified in Creole.''All this is to say that the behavior of certain magistrates in managing record is poor.
Is this a problem of means, is this a problem too outdated texts or jurisdiction altogether? And how to overcome these irregularities? Anyway, the judges involved should be aware that, even under incarceration, the defendant continues to enjoy certain rights and judicial guarantees enshrined in the constitution and international treaties signed and ratified by Haiti. They should remember that the principles reflected the quality and efficiency of justice or the penal system and that "the law does not stop at the prison gate."
Heidi FORTUNE
Magistrate, Magistrate
Cap-Haitien, Haiti
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March 23, 2008 Read more ... 
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