Citation: 2020 RLLR 61
Tribunal: Refugee Protection Division
Date of Decision: November 26, 2020
Panel: R. Jackson
Counsel for the Claimant(s): Tina Hlimi
Country: Haiti
RPD Number: TB8-25759
Associated RPD Number(s):
ATIP Number: A-2021-00800
ATIP Pages: 000008-000010
DECISION
[1] MEMBER: So, I am just going to read you your Decision now. It is a positive decision. So, if everybody could just mute their microphone, I am going to read it to you, okay?
[2] I have considered your testimony and the other evidence in the case, and I am ready to render my Decision orally. These are the reasons for the Decision in the claim of [XXX], who claims to be a Citizen of Haiti and is claiming refugee protection pursuant to 96 and 97(1) of the Immigration and Refugee Protection Act or IRPA or the Act.
[3] You alleged that in your role in the [XXX] you made some enemies. There were two individuals who were for revenge upon you. One of them wishes to personally harm you, and the other has hired a gang to kill you. You fear you will be killed should you return to Haiti. I find on a balance of probabilities that you would be subjected personally to a risk to your life should you return to Haiti for the following reasons:
[4] I find that your identity as the national of Haiti is established by the documents provided, including copies of your passport and birth certificate.
[5] To establish your status as a Convention Refugee or as a person in need of protection, you had to show that there was a serious possibility that you will be persecuted or that you will be subjected on a balance of probabilities to a risk to life or of cruel and unusual treatment or punishment or danger of torture if you move to Haiti. You stated that you fear being killed because of the vendetta that (inaudible spot – 00:02:12) have against you because of (inaudible spot – 00:02:15) arrest and suspension among other matters of internal church politics.
[6] Refugee protection claims involving vendettas usually follow under subsection 97(1) of the Act, and since there is no nexus that I can mention. I therefore analyzed your Refugee Protection Claim under Section 97(1)(b) of the Act, and that is whether you would be personally subjected to a risk to your life or a cruel and unusual treatment or punishment should you return to Haiti.
[7] I find that the evidence presented in support of your allegations does establish a likelihood on a balance of probabilities of a risk to your life. I find you to be a credible witness and therefore believe what you have alleged in support of your claim. You testified in a straightforward manner, and you were able to spontaneously provide consistent testimony, as well as details of the many events in your narrative. You also provided evidence from credible sources which corroborates your allegations regarding what happened to you in Haiti. Your claim was very well documented. There is objective support for your allegations. Item 7.1 of the National Documentation Package describes the security situation in Haiti as bad, worrisome, precarious and unpredictable. Organized crime exists throughout the country, and there is a high level of crime and murder, kidnappings for ransom money or (inaudible spot – 00:03:44). Violent crime is primarily perpetrated by gangs in Haiti as well. I find that there is clear and convincing evidence before me that the state is unable to provide you with adequate protection. Section 4.2 of the National Documentation Package states that democracy is precarious in the country. 2.1 states that the perception of widespread impunity discourages some witnesses from testifying at trials. These factors will impact your ability to receive any protection from the state. Item 7.1 states that the police force does not have sufficient capacity to carry out its missions, on the other hands it is also reported that the forces demonstrated an increased capacity in the planning and execution of complex operations including the securing of elections and crowd control while simultaneously performing routine tasks in combatting crime and more effectively maintaining the public order. Nevertheless, sources report that Haiti’s police force is too small given the crime rate.
[8] Sources also reports that the police force lacks resources and means and doubts have repeatedly been raised as to whether the National Police Force is able to guarantee the security needed to protect Citizens, enforce the law and promote political stability. Haiti’s judicial system is also under resourced and inefficient and is burdened by a large backlog of cases. Bribery is common at all levels of the judicial system. So, taking all of that into consideration I do not find that there is going to be a reasonable state protection for you and there is prior convincing evidence that the state is unable to provide you with adequate protection in your particular circumstances from the people who are after you.
[9] I have considered whether a viable Internal Flight Alternative exists for you, and I find that there are no other parts of the country where you would not face a risk to your life. Haiti is a very small country, and you have been located more than once when you attempted to relocate within the country.
[10] Based on this analysis, I conclude that you are a person in need of protection, and accordingly I accept your claim.
[11] So that is the end of your hearing. Do you have any questions?
[12] You have to unmute if you have a question.
[13] CLAIMANT: I don’t have question.
[14] MEMBER: Okay. Well that’s it then.
[15] COUNSEL: Okay. Thank you.
[16] MEMBER: Thanks everybody. Thank you, Mr. Interpreter.
[17] INTERPRETER: Okay. Thank you, Madam Member.
———- REASONS CONCLUDED ———-