Children, girls and criminals from the National Penitentiary in the same center

The risk of sexual violence is heightened in this mixed-gender environment, where hardened criminals, sometimes already convicted, coexist with children and people in prolonged pretrial detention, according to two prisoners’ rights groups.

The Centre for the Reintegration of Minors in Conflict with the Law (CERMICOL) was built to accommodate up to a hundred detained children.

Today, CERMICOL is overwhelmed with 337 prisoners, including men, women and children of both sexes, according to a human rights organization that spoke to AyiboPost.

At least 70 prisoners previously incarcerated in national penitentiary are now crammed into two small rooms at CERMICOL intended for training minors, according to an internal source at the country’s largest prison, abandoned after being emptied of its occupants by bandits on March 2, 2024.

The Centre for the Reintegration of Minors in Conflict with the Law (CERMICOL) was built to accommodate up to a hundred detained children.

The inmates of the Carbaret women’s civil prison have also been at CERMICOL for almost two years, following an armed attack in September 2022.

According to a prison official, who asked to remain anonymous due to the sensitivity of the subject, the infrastructure at CERMICOL is not strong enough to withstand possible pressure from inmates trying to escape.

The promiscuity within the juvenile center prevents officials from welcoming new detainees, including those from the Port-au-Prince prosecutor’s office, the official emphasizes.

“On several occasions, we have refused to receive new prisoners because we no longer have space,” the source said, adding that he is not aware of any steps taken by the Directorate of Prison Administration (DAP) to relocate prisoners to a more suitable space.

The overcrowding within the juvenile center prevents officials from welcoming new detainees, including those from the Port-au-Prince prosecutor’s office.

Located in Delmas 33, CERMICOL is today the only operational detention center in the metropolitan area of Port-au-Prince after the escape of 3,800 inmates from the national penitentiary and hundreds of others who were in the Croix-des-Bouquets prison, also stormed by bandits at the beginning of March 2024.

According to two prisoners’ rights groups, the risk of sexual violence is heightened in this mixed-gender environment, where hardened criminals, sometimes already convicted, co-exist with children and people in prolonged pretrial detention.

There are insufficient toilet blocks and shower rooms for the number of prisoners. Hygienic conditions for women are worrying, according to witnesses.

According to the latest figures collected by the National Human Rights Defense Network (RNDDH), CERMICOL is home to 149 women and one girl, 90 boys and 97 men.

Legally, the functions of juvenile and adult detention facilities are different.

“A minor who is in breach of the law does not go to prison but must be placed in a very special atmosphere,” explains Samuel Madistin, lawyer and manager of the Je Klere foundation.

On several occasions we have refused to accept new prisoners because we no longer have space.

According to Maître Madistin, referring to the law of September 7, 1961 and that of July 16, 1952, it is planned to place the minor in a public, supervised and corrective education institution, where he must receive a moral, civic and professional education.

CERMICOL cannot fulfil this function today.

“Spaces dedicated to minors’ activities are becoming increasingly rare at CERMICOL,” reveals Jude Chery, president of the Association of Volunteers for the Reintegration of Prisoners in Haiti (Avred-Haïti).

Since 2019, this professional has been supporting young prisoners in learning various manual trades such as plastic recycling, macramé and the manufacture of chemical products.

There are no more play areas, training activities can no longer take place, and school and academic programs for young people are interrupted.

“Of the nine available classes, only two are currently in operation, namely the eighth and ninth grade classes of the basic cycle,” Chery said, highlighting a noisy working environment and limited logistical resources.

There are no more play areas, training activities can no longer take place, and school and academic programs for young people are interrupted.

Experts warn of an increased risk of contagious diseases, intellectual regression among minors, as well as psychological problems such as depression, stress and anxiety, linked to their inappropriate detention.

According to the RNDDH, of the 251 minors in detention in Haiti, only nine are convicted, or 97% in prolonged pretrial detention. This situation also concerns the majority of the Haitian prison population.

Pasner, 20, who has been detained for three years at CERMICOL for armed robbery, has not appeared before his judge. Roméo, 19, detained since February 2020, is also awaiting trial. They fear for their educational future and are asking to be tried and possibly released.

This problem is not specific to Port-au-Prince; it also affects the civil prison of Les Cayes. Among the 869 detainees, the BDHH listed 31 minor boys and 3 minor girls. Jacques Letang, lawyer and legal supervisor at the BDHH, points out that many minors cohabit with adults in similar detention conditions.

Experts warn of an increased risk of contagious diseases, intellectual regression among minors, as well as psychological problems such as depression, stress and anxiety, linked to their inappropriate detention.

“The state must act!” insists Madistin. “The authorities must make detention centres functional to prevent potentially dangerous detainees from being received in centres intended for minors,” concludes the human rights defender.

Par Lucnise Duquereste et Rolph Louis Young

Cover image edited by AyiboPost illustrating the current situation of the Center for the Reintegration of Minors in Conflict with the Law (CERMICOL).