Haiti: Procedure for obtaining a document attesting that a complaint was filed with the police; description of such a document; whether it must be signed by a judge
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Ottawa |
| Publication Date | 13 February 2008 |
| Citation / Document Symbol | HTI102706.FE |
| Cite as | Canada: Immigration and Refugee Board of Canada, Haiti: Procedure for obtaining a document attesting that a complaint was filed with the police; description of such a document; whether it must be signed by a judge, 13 February 2008, HTI102706.FE, available at: https://www.refworld.org/docid/485ba8622d.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Haitian criminal law distinguishes between a report of criminal activity (dénonciation) and a complaint (plainte) (Baptiste n.d.). The website of the Centre for Legal Research and Information (Centre de recherche et d'information juridique, CRIJ), posts an excerpt from Le procès penal, a guide written by CRIJ founder Jude Baptiste, in which dénonciation is described as [translation] "an act in which a citizen informs the police, judicial or administrative authorities of an offence committed by someone," and a plainte is described as a [translation] "means of reporting to justice authorities an offence of which a person claims to be victim" (ibid.). Pursuant to the Haitian Code of Criminal Procedure (Code d'instruction criminelle), any person who claims to have been the victim of a crime or offence can file a complaint (Haiti 1 Jan. 1836, Art. 50). According to Jude Baptiste's guide, the filing of a complaint to authorities is subjected to a period of limitation, which varies depending on whether the complaint concerns a contravention, délit or crime [roughly equivalent to petty offence, offence and serious offence respectively] (Baptiste n.d.).
A complaint can be made before various judicial authorities, including before an examining magistrate (juge d'instruction) when the complainant is a plaintiff claiming damages (partie civile), before a government commissioner (commissaire du gouvernement) or before a police officer (Haiti 1 Jan. 1836, Art. 50-51; Baptiste n.d.). The complainant can also sue for damages (se constituer partie civile) in criminal court (tribunal correctionnel) (Baptiste n.d.). According to a migration integrity officer from the Immigration Section of the Embassy of Canada in Haiti, a complainant must go in person to the police detachment or station to make his or her statement (Canada 18 Jan. 2008). According to a Haitian lawyer, the complainant fills out a form that must be signed by the officer on duty (Lawyer 30 Jan. 2008). The complaint, which must concern an offence under criminal law (Haiti 29 Nov. 1993, Art. 31.1), is later recorded in a registry (Lawyer 30 Jan. 2008), also called an archival record book (cahier d'archivage) (Canada 18 Jan. 2008). The archival record book or registry may be in electronic form (ibid.).
According to the Migration Integrity Officer from the Embassy of Canada in Haiti, an attestation or certification of a criminal complaint can be obtained free of charge (ibid.; see also Lawyer 30 Jan. 2008). This document has no security features and is laser printed on white paper that has optical brightening agents (Canada 18 Jan. 2008). The format is not consistent in all police stations and detachments, but the following information must be indicated on the document: the letterhead of the Haitian National Police (Police nationale d'Haïti) and the name of the police detachment or station; the complainant's identity – family name, given names and NIF [fiscal registration number (numéro d'immatriculation fiscale)]; and the signature of the individual in charge at the police detachment or station with the stamp (ibid.). The complainant must obtain this certificate from the detachment where the complaint was filed because it is a matter of territorial jurisdiction (Lawyer 30 Jan. 2008). The certificate does not have to be signed by a judge (ibid.; Canada 18 Jan. 2008).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Baptiste, Jude. N.d. Le procès pénal. (Centre de recherche et d'information juridique, CRIJ)
Canada. 15 January 2008. Embassy of Canada in Port-au-Prince. Correspondence sent to the Research Directorate by a migration integrity officer.
Haiti. 1 January 1836. Code d'instruction criminelle.
_____. 29 November 1994. Loi relative à la Police nationale.
Lawyer, Haiti. 30 January 2008. Telephone interview.
Additional Sources Consulted
Publication: Manuel de droit et de procédure en matière criminelle.
Internet sites, including: Haïti-Progrès, Hemispheric Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition, Le Matin, Le Nouvelliste, United Nations Stabilization Mission in Haiti (MINUSTAH).