where to report a lawyer in haiti

How do I report a crime in Haiti?

The investigation and prosecution of the crime is solely the responsibility of local Haitian authorities. The Federal Bureau of Investigation (FBI) may assist local authorities in certain cases of kidnapping, hostage-taking and terrorism. Victims of crime file police reports or register complaints at the nearest commissariat.

How does a criminal case go to trial in Haiti?

Under Haitian criminal procedures, a prosecutor generally reviews each prisoner’s file and decides which court should hear the case. In most cases involving serious crimes, the prosecutor will first send the file to an investigative judge (Juge d’Instruction) who will determine if the facts support referral to trial.

What kind of law do you have in Haiti?

Law in Haiti is based upon the Roman and Napoleonic Codes. Many of the same rights, however, are found in both U.S. and Haitian law. Therefore, if you believe that any of your rights have been violated, you should report the violation to the consular officer and your attorney.

What are the courts of first action in Haiti?

The Haitian judicial system has two courts of first action: the Peace Tribunal (Tribunal de Paix) and the First Action Tribunal (Tribunal de Premiere Instance). The Peace Tribunal is for relatively simple cases, both civil and criminal.

How to report an attorney for ethics violation?

In order to report an attorney for ethics violation, you are required to file a complaint, clearly stating a valid reason, to the Disciplinary Counsel of the state in which your attorney is licensed . In order to file a complaint, you can choose any one of the following options: 1) Write a detailed letter, stating clearly the lawyer's name, ...

How to file a complaint against a lawyer?

2) Fill out all the required details in a general form made available by the Bar Association of the state. 3) Fill your complaint via hotline. However, this facility is available only ...

What to do if your attorney is unfair?

If you feel your attorney has been unfair with you or your case, you can report him/her to the Bar Association for ethics violation. All the lawyers are required to abide by a certain code of ethics that directs their professional conduct. Although most attorneys hold on to these standards, a Disciplinary Counsel has been appointed by every state ...

How long does it take to respond to a complaint?

If the complaint is found to be valid and justified, its copy is sent to the attorney in question along with a notice, requesting him/her to respond to the complaint within 10-25 days. After the lawyer responds, you would be given a chance to comment on the response.

Can a lawyer be dismissed for ethics violation?

If you manage to provide enough evidence to prove your claim, the case will remain open until solved. However, if no evidence of ethics violation is found, your case can be dismissed by the board. Thus, before reporting a lawyer to the Bar for ethics violation, it is better to review your own complaint and collect enough evidence ...

When did the IACHR visit Haiti?

Organization of American States, IACHR - Observations of the Inter-American Commission on Human Rights Upon Conclusion of its April 2007 Visit to Haiti - March 2008 (PDF)

When was Haiti's Rendezvous with History?

Haiti's Rendezvous with History - The case of Jean-Claude Duvalier - April 2011 (PDF)

Why did the first instance court of Port de Paix stop?

On August 28, observers reported most casework in the First Instance Court of Port-de-Paix stopped in the capital of the North West Department, due to a shortage of judges. Observers also confirmed several judges in Port-de-Paix were working with expired mandates.

Can a detainee afford a lawyer?

While authorities generally acknowledged the right to counsel, most detainees could not afford a private attorney. Some departmental bar associations and legal assistance groups provided free counsel. Some NGO attorneys also provided free legal services. The criminal procedure code does not allow for a functional bail system.

Can a person be arrested for a crime?

The constitution stipulates that authorities may arrest a person only if apprehended during the commission of a crime or based on a warrant issued by a competent official, such as a justice of the peace or magistrate. Authorities must bring the detainee before a judge within 48 hours of arrest. By routinely holding prisoners in prolonged pretrial detention, authorities often failed to comply with these provisions.

What is the tax rate in Haiti?

Corporate income tax in Haiti is imposed at a standard rate of 30%. All companies must register for tax with the Haitian Tax Administration and file annual returns within 3 months following the end of the fiscal year;

What is the capital gains tax rate in Haiti?

The Capital gains tax in Haiti is applicable at a standard rate of 15% on taxable income; The Value Added Tax (VAT) in Haiti is levied at a standard rate of 10%. All legal entities are required to register for VAT and file monthly returns;

What was the Haitian code of criminal procedure?

The Haitian Code of Criminal Procedure was passed in 1835. It was based on the 1808 French Code of Criminal Procedure. The French code reflected the exclusive and authoritarian character of colonialism and slavery that was the essence of the French regime in Haiti. The key instrument of French colonialism and exclusion was the Black Code of 1685. This legal instrument dehumanized the black man and reduced him to a condition below an animal. After independence, the new leaders had difficulty in adopting more liberal practices and more respect for the rights and freedoms for which they fought.

What is the Haitian justice system?

As part of a wider peace building process, the reform of the Haitian justice system has been an ostensible priority since the demise of the Duvalier authoritarian regime in 1986. The construction of a new democracy in Haiti propelled by the 1987 Constitution requires a justice system that can assure exercise of political rights and civil liberties while providing accountability mechanisms that limit the abuses of the State and guarantee the equality of all citizens (O’Donnel 2004).1 Since this new justice system has had to emanate from a fragile democratic political transition, it faces many challenges. These challenges include:

How important is donor coordination in Haiti?

Since the first UN peacekeeping mission in Haiti in 1993, the Group of Friends of Haiti has stressed the importance of donor coordination in developing and implementing programs , particularly in the area of rule of law. Despite the establishment of joint committees and round tables, more than twenty years after the first peacekeeping mission in Haiti and a little more than ten years after the beginning of the current mission, the donor community has not overcome traditional rivalries. It never established the transparency and collaboration needed to avoid duplication and maximize project success. With overlapping mandates, donors sometimes compete for the opportunity to assist Haitian institutions. In many cases, they prefer to use international rather than Haitian expertise, which often reduces the effectiveness of their interventions.

What was the Haitian state?

Following independence from France in 1804, the newly created Haitian State, which comprised the interests of the dominant mulatto and freemen elite, felt no obligation to deliver services to the peasantry. As leaders of the new republic, these groups maintained the practices of exclusion that the colonial administration used to subjugate both slaves and freemen against the newly constituted peasantry.2 Privileges and state services were concentrated in the main cities, the loci for ‘civilized’ people. Residing largely outside the symbolic gate of these cities, the peasantry could not exercise any civic right by participating in ‘state affairs’ and were denied access to goods and services available to urbanites.3

How many changes of government were there in Haiti between 1986 and 2006?

Political instability has been a reality for Haiti for decades. Between 1986 and 2006, there were 25 changes of government and two military interventions. Transitional governments, such as the one in place in 2015, lack the mandate or the time to accomplish reforms, if they have the political will to do so.

When was the Haiti Act passed?

Assessing Progress in Haiti Act of 2014, passed by the U.S. Senate on July 10, 2014 and by the U.S. House of Representatives without amendment on July 25, 2014, expresses the sentiment of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding U.S. assistance, including assistance to Haiti. The Act

When did Haiti become a country?

For over 200 years Haiti has been a sovereign, independent country. In 1791, its slaves revolted against France, drove out or massacred the white settlers and plantation owners and eventually established the first black Republic in 1807.