Overview Plan for Restoration of the Prison Civile de Port-au-Prince

Haitian Prison Authority1/27/2010*

Robert S. Smith, Ph.D., rsmith9@cox.netMental Health Project Manager, CDCR

Background

The Haitian Prison Authority sustained significant damage to facilities and infrastructure related to the earthquake on January 12, 2010. Commissioner Jean Celestin, Director of Haitian Prison Authority, survived the earthquake. However, the Prison Civile de Port-au-Prince (PC) was housing 4,367 prisoners at the time, and prisoners are believed to have rioted in the wake of the earthquake. All surviving prisoners fled the facility after causing significant damage to facilities and compromising the secure perimeter, taking with them assault rifles and handguns. Inmates are said to have destroyed records at the facility, as well. There were apparently four inmate fatalities at the facility.

The Ministry of Justice in Port-au-Prince was destroyed by the earthquake. Some reports indicated that persons burned the ruins of the Justice Ministry on Saturday, 1/15/2010, in an attempt to destroy criminal records.1

The United Nations peace keeping operation in Port-au-Price, MINUSTAH, suffered collapse of the headquarters and multiple deaths, including Mission Chief Hedi Annabi and his deputy Luiz Carlos da Costa.2 Haitian Prisons - Organization and History3

The Director of the National Penitentiary Administration reports directly to the Director General of the Haitian National Police. Haitian police officers staff the nation’s prisons. According to the Haitian constitution, the National Penitentiary Administration is a specialized unit of the Haitian National Police under the administration of the Justice Ministry.

Haiti commemorated its bicentennial of independence in 2004. President Jean-Bertrand Aristide left office in February of that year. In the following weeks, insurgents destroyed many of the nation’s prisons and jails. Riots ensued and the Haitian correctional facilities were attacked, some of them being set on fire and others seriously damaged. Literally all of the nations prison inmates escaped.

Order was eventually improved and the prisons began to operate again. However, The Human Rights Watch’s 2005 World Report described Haiti’s prison and jail conditions in late 2004 as “dire.” Many detention facilities were still not in functioning condition. Those that were functioning were overcrowded and lacked sanitary facilities.

* Updated information, 6/28/12, at the end of this paper.

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The U.N. Development Program has been working with Haitian corrections officials with regard to correctional staff training. There are 16 detention facilities nationwide.

Problem

There are more than 4,000 prisoners at large in Haiti. There is no place to house these inmates, if they were apprehended, nor is there substantial prison space for new offenders in the short term.

This Proposal

This proposal is offered to assist in planning. The focus is to develop an overview plan for restoration of capacity for incarceration by the Haitian Prison Authority in a way that will ultimately increase pre-earthquake prison capacity somewhat, while improving human rights.

The basic elements of the proposal are: To construct a temporary secure facility outside of Port-au-Prince to house offenders while reconstruction of the Prison Civile de Port-au-Prince is underway.

Temporary Secure Facility (TSF)

It is recommended that a location outside Port-au-Prince with adequate access to clean water, sewage treatment, and roads to support a population of up to 2,000 be identified. Once the land is secured by the Haitian Prison Authority, a secure perimeter should be constructed sufficient to enclose housing units, latrines/showers, industry/recreation/classroom units, culinary, visiting, and administrative units, with additional secure areas devoted to exercise yards. The facility will require parking areas for staff and visitors, and buildings outside the secure perimeter for plant operations.

Housing units and other buildings at the TSF might be created from 100-man military tents as are currently stored at Guantanamo Bay, but other solutions should be evaluated.

The “temporary” nature of the TSF should be reflected in purchasing decisions for the site. What is intended as a short-term solution to the current shortage of prison beds may otherwise become a permanent and problematic adjunct to the Haitian prison system.

The TSF should be used to house low-risk inmates who would ordinarily be incarcerated at the Prison Civile de Port-Au-Prince until that facility is reconstructed. Once inmates are transferred away from the TSF, it should be dismantled or retained as a minimum security detention center unless funding is immediately available to construct a permanent facility on the site.

A good Project Manager for design and construction of the TSF could be American Ronald Edwards. Edwards is a 31-year Corrections veteran, and former Director of the Ohio

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Department of Rehabilitation and Corrections. Edwards has served as warden of four correctional facilities in Ohio, and he has worked in Haiti in 2004 as a consultant on security and on prison construction projects.3

Reconstruction of the Prison Civile de Port-au-Prince

The PC is a correctional facility located within blocks of the Presidential Palace in Port-au-Prince. The facility was originally constructed to hold 1050 inmates.

The cells at PC are open-air variety, with many inmates to a cell. Many of the following photographs were taken by a charitable organization based in Miami, Health Through Walls. The organization has been visiting the facility regularly since 2001 providing donations of soap, performing physical examinations and providing treatment for illnesses and diseases.

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Health Through Walls had been instrumental in creating and equipping a dispensary and medical housing unit for inmates.4

The Titanic Building4

Some increased inmate capacity was added to the PC prior to 2007 with the construction of the three-storey “Titanic Building,” a housing unit which was built with international funds. The Titanic Building is the rectangular structure with five circular towers on it, to the left of the light colored strip inside the perimeter wall on the right in the illustration above. The strip is light colored cloth awnings to partially block the sun from the exercise yard. The photograph below of the Titanic Building is from the top of perimeter wall where the white building is located in the upper left of the overhead photo.

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Unfortunately, the Titanic Building was completed without any provision for plumbing or running water. Originally, it was thought that inmates would be released from their cells to go outside the building to access latrine pits and water, but low staffing, security concerns and overcrowding became such that the building was locked down continuously prior to the earthquake. Raw sewage flowed on the floor of the building, and 20’ x 20’ cells are said to have commonly held 50 to 60 inmates. Infectious diseases such as TB and scabies, along with HIV and STDs were prevalent in the inmate population prior to the earthquake.

PC, Post Earthquake on 1/12/2010

Post earthquake and riot, the entrance to the PC was burned and the gate to the facility had been forced open (Essay: Prison Break, New Your Times Lens Blog, Damon Winter and David W. Dunlap, 1/19/2010). The Titanic Building is standing empty.

The perimeter wall was apparently not breached:

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Cells were broken open and personal property was strewn throughout the facility.

Considerable damage was done to the housing units. (Note the rooster foraging in refuse in the photo above.)

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Restoration

Phase I of the restoration of the PC should consist of:

A safety inspection of the entire facility by an engineer who will condemn and have removed any unsafe structures before restoration work is undertaken;

Re-establishment of the secure perimeter;

A thorough trash removal, water/chemical wash down of all housing units and common areas, animal removal or eradication, removal of spoiled food, elimination of standing liquids, and disinfecting of latrine pits;

Demolition of all concrete structures, cell doorframes or walls not constructed with rebar or other reinforcement, regardless of whether the structure is still standing or was damaged during the earthquake/riot;

Removal of any spoiled medical or blood products or expired medication stocks;

Plumbing of all housing units for running water and toilets, and installation of inmate bathrooms in each housing unit;

Re-keying of the entire facility;

Hardening of the Armory, gate houses or control rooms;

Restoration and re-painting of exteriors and the entry to the facility.

Recommended Phase II improvements: These improvements are to be undertaken within the scope of obtainable resources.

Construction of a new multi-tier housing unit on the grounds;

Restoration of the Dispensary and medical facilities in the facility, and replacement of any destroyed medical equipment by donation and/or acquisition;

Assessment, restoration, and modernization of record-keeping capacity, on and off site;

Other projects identified during site visits and Phase I work.

Again, a good Project Manager for restoration of the PC could be American Ronald D. Edwards. Edwards is a 31-year corrections veteran, and former Director of the Ohio Department of Rehabilitation and Corrections. Edwards has served as warden of four correctional facilities in Ohio, and worked in Haiti in 2004 as a consultant on security and on prison construction projects.3 A medical consultant to assess the on-site health facility needs at PC would be Dr.

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John May of Health Through Walls.4 Dr. May has visited the PC since 2001 and is well aware of the health needs of the inmates.

Appendix A - Protection Against Hazards in Haiti for Workers5

Insects

Insect-borne diseases such as malaria and dengue are risks in Haiti. Prevent insect bites by:

Using insect repellent (bug spray) that contains one of the following active ingredients: DEET, picaridin (KBR 3023), Oil of Lemon Eucalyptus/PMD, or IR3535. Always follow the instructions on the label when you use the repellent.

In general, repellents protect longer against mosquito bites when they have a higher concentration (percentage) of the active ingredient. However, concentrations above 50% do not offer a marked increase in protection time. Products with less than 10% of an active ingredient may offer only limited protection, often no longer than 1-2 hours.

Wearing lightweight long-sleeved shirts, long pants, and a hat outdoors. For greater protection, clothing may also be sprayed with repellent containing permethrin or another EPA-registered repellent. (Remember: don't use permethrin on skin.)

Remaining indoors in a screened area or using insect repellent frequently on uncovered skin during the peak biting period for malaria (dusk and dawn) and dengue (any time of day).

Sleeping in beds covered by a bed net (preferably treated with permethrin), if not sleeping in an air-conditioned or well-screened room.

Spraying rooms with products effective against flying insects, such as those containing pyrethroid.

For detailed information about insect repellent use, see Insect and Arthropod Protection.

Animals

Direct contact with animals can spread diseases like rabies or cause serious injury or illness. Displaced animals may revert to the wild and go about in packs. They will also be hungry and may be searching for food and may be more likely to bite. It is important to prevent animal bites and scratches:

Stay away from all animals, including dogs and cats. Even animals that look like healthy pets can have rabies or other diseases.

If you are bitten or scratched, wash the wound well with soap and clean water and seek medical care right away. If you have a povidone-iodine solution (such as Betadine®), use that to clean the wound after washing it.

Resist the urge to rescue animals with the intent to bring them home to the United States. Dogs and cats may be infected with rabies but not show signs until several days or weeks after you first encounter them.

After you return from Haiti, be sure to tell your doctor or state health department if you were bitten or scratched during travel.

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For more information about how to protect yourself from other risks related to animals, see Animal-Associated Hazards. To learn more about rabies see CDC's Rabies homepage.

Injury

The risk of injury after an earthquake is high. Hazards such as electrocution from downed power lines and structural damage to buildings and roads all pose a risk. Accidents and violence are documented risks for humanitarian workers and cause more deaths than disease and natural causes.

The majority of the road network in Haiti is not paved. Haiti is predominately mountainous and has extensive deforestation and soil erosion, making travel over roadways especially hazardous. Exercise extreme care when traveling on roads particularly in rural areas.

There has been extensive structural damage to buildings in Haiti. Avoid unstable structures if possible.

Other potential hazards to be aware of in collapsed buildings include standing water from water system breaks, natural gas leaks, airborne smoke and dusk, hazardous materials such as ammonia or leaking fuels, exposure to germs from sewer line breaks, and exposed wiring.

Use personal protection equipment, such as hard hats and steel-toed boots, if in areas with damaged buildings.

Exposure to Human Remains

Human remains may contain blood-borne viruses and diarrhea-causing bacteria. Relief workers who are handling remains should take precautions to avoid being exposed to these organisms:

Protect your face from splashes of body fluids and fecal material by using a plastic face shield or a combination of eye protection and surgical mask. In extreme situations, a cloth tied over the nose and mouth can be used to block splashes.

Protect your hands from direct contact with body fluids and from injuries that break the skin by using a combination of a cut-proof inner layer glove and a latex (or similar) outer layer.

Wash your hands with soap and water or with an alcohol-based hand cleaner immediately after you remove the gloves.

Protect your feet and ankles against sharp debris by wearing foot wear that covers the entire foot and has thick soles.

Give prompt care -- including immediate cleansing with soap and water, and a tetanus booster if indicated -- to anyone who is injured during work with human remains.

References

1. Edwards, Tim; As many as 4,000 may have escaped prison after quake, taking guards’ weapons; The First Post; 1/18/2010; http://www.thefirstpost.co.uk/58495,news-comment,news-politics,escaped-convicts-prison-threatens-haiti-earthquake-relief-effort-survivors-port-prince.

2. In May 2009, a United Nations Rule of Law Indicators Project Team undertook an assessment trip to Haiti. This visit was a follow-up to the Project Team’s preliminary assessment trip in November 2008. During the assessment

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trip, the Project Team met with senior representatives of MINUSTAH and the Haitian Government, including the Secretary of State for Public Security, the Acting Chief of the Haitian National Police and the Chief Prosecutor. The Project Team also met for technical discussions with more than 30 interlocutors, including members of civil society, in Port-au-Prince, Cap Haitien and Jacmel. The Project Team affirmed the continued support of senior MINUSTAH and Haitian stakeholders for the Rule of Law Indicators Project. (Newsletter, United Nations Rule of Law Indicators Project, No. 2, June 2009) http://ar.unrol.org/files/Newsletter%20for%20United%20Nations%20Rule%20of%20Law%20Indicators%20Project%20June%202009.pdf

3. St. Gerard, Vanessa; Crossing Borders: Two U.S. Corrections Efforts Offer Aid to Haitian Prison System; Corrections Today; Legislative and Judicial Issues; August 2005

4. “House Call in Hell” video (2007); Heroes of HIV website;http://alt.coxnewsweb.com/palmbeachpost/hiv/interactive.html?section=haiti

5. Guidance for Relief Workers and Others Traveling to Haiti for Earthquake Response; US Centers for Disease Control and Prevention; Posted: 01/20/2010

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Partial addendum and update:

(National Network for the Defense of Human Rights, “RNDDH resents the State of Haitian Prisons,” October, 2010)

The inner facade that overlooks the street Champ de Mars was badly cracked on the day of the earthquake. However, regardless of the earthquake, the administration building which housed mainly the registry, archives, offices of the director, deputy director and head of the prison were burned.

Following the collapse of a section of the wall surrounding the prison onto one of its officers, the patrolling officer for the United Nations Mission for Stabilization in Haiti (MINUSTAH) seconded to said prison, hurriedly left his post, leaving prison officers to face the prisoners. Civil prison of Port-au-Prince who accused before the earthquake, a staff of four thousand two hundred and fifteen (4215) held, was completely emptied. When they attempted to scale the walls of the prison, six (6) prisoners were killed, including two (2), by gunfire.

The civil prison of Port-au-Prince now runs to 33% of its initial capacity. Indeed, of the nine (9) areas of the prison, only three (3) are functional at present, and of those, two (2), at less than 50% of their capacity…

COMMENTS AND RECOMMENDATIONS

The physical capacity of the Haitian prison system is shrinking with each new imprisonment. The promises of building new prisons, borne for years, have never materialized.

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If at the time of writing this report, cells at… Port-au-Prince and Delmas are still under construction. Those responsible for construction of the prison had promised to complete work during the first half of December 2010. However, RNDDH remains skeptical about the new deadline, as the prison at Croix des Bouquets should have been completed in December 2009, and the Delmas prison since April 2010.

Despite the fact that over half the prison population escaped in the aftermath of the earthquake, even today, the issue of preventive detention is still very worrying. Even though during recent decades, judicial authorities have made this issue their battle cry, it is nevertheless true that they have not, to date, arrived at a solution. Moreover, even the temporary solutions, such as the scheduling of criminal hearings in the afternoons only, could not continue during the year 2010 because of damage recorded by the judiciary following the earthquake.

It is an indisputable fact that escapes, attempted escapes, and riots in prisons occur when a limited number of officers assigned to monitor a population. However, the number of prison officers is indeed very low, and the Haitian authorities do not seem interested in changing this situation. Meanwhile, the numbers of recorded cases of escape are the basis of the upsurge in acts of vandalism, conspiracy, rape, and kidnapping, recorded recently in Haitian society.

Renovation of the “Titanic” building:

http://www.haitilibre.com/en/news-3316-haiti-prison-the-titanic-ready-to-welcome-700-passengers.html

The Titanic, the central area of the Civil Prison of Port-au-Prince has been renovated and inaugurated, with an area of 800m2 the building was damaged by the earthquake of January 12, 2011 and was rehabilitated thanks to the financial support of the International Committee of the Red Cross (ICRC).

The renovations have cost USD$250.000, and lasted eleven months, and have helped to create 700 new places for inmate, the ICRC has also equipped the cells of 115 modules of beds of 6 places each.

A new hydro-power plant provides electricity for all wings of the prison and for administration offices. Basins and showers have been built in the outside courtyards, and sleeping conditions have been improved so as to ensure satisfactory hygiene. The latrines inside the cells have been restored to working order. In addition, the ICRC renovated the electrical system and repainted the interior of the premises.

In cooperation with the prison authorities, the ICRC is organizing a campaign against scabies for the 700 inmates set to be transferred into the refurbished quarters. In addition to receiving treatment, each inmate will be given a personal hygiene kit, an undershirt, a pair of shorts, a bath towel and a sheet.

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Riccardo Conti, head of the ICRC delegation in Haiti declared "the inmates are housed in renovated cells, well arranged and more human, their living conditions will be more dignified. The living environment is improved, the security is not neglected" adding that "this should give a tendency for a modernization to a improvement of prisons in Haiti..."

Jean Roland Prévilon Célestin, the Director of the Penitentiary Administration has declared for his part "If we take into account the international standards, there are no prisons in Haiti" recall that a prisoner in Haiti has about half a square meter, while the international standards require 4.5m2. "When we say modernize it is indeed to meet to the standards, to the standards that clearly state how to keep people in jail, and we will not stop there, many other facilities are under rehabilitation and construction, such as : the Civil Prison of Carrefour, of Saint-Marc, the construction of the Civil Prison of Croix-des-Bouquets and the rehabilitation of the Civil Prison of Cap-Haitien" he added.