17 51. Furthermore, there was a context of institutional deficiencies, in particular in the sphere of the administration of justice,67 where there were systematic failures to protect the human rights of the people of Haiti68 that had been pointed out many times previously.69 Thus, the irregularities in due process, the arbitrary arrests and the prolonged pre-trial detentions, together with the deficient prison conditions – to which Mr. Neptune was subjected – constituted general and recurrent problems 70 that transcended the political position of the different Haitian Governments over recent years. The general problem of prolonged detentions was closely related to the irregularities in the legal proceedings and the inefficiency of the judicial institutions: These and other inadequacies in Haiti’s court system, including the outdated nature of many of Haiti’s laws, lack of effective access to legal assistance, and the failure of police to execute judicial orders, have created chronic and unacceptable delays in the processing of cases in the court system, have resulted in a pervasive problem of prolonged pre-trial delay, where an estimated 85 to 90% of detainees have not been tried. These deficiencies have also undermined the ability of the justice system in Haiti to effectively ensure and protect the fundamental rights and freedoms to which Haitians are entitled, resulting in a pattern of impunity in Haiti for violations committed by both state and non-state actors.71 a) Criminal proceedings filed against Mr. Neptune a.i Arrest warrant, detention, and closing order 52. With specific reference to the instant case, the facts that have been proved or that have not been contested are that, on March 25, 2004, the investigating magistrate of the Court of First Instance of St. Marc, who was responsible for investigating the La Scierie case, issued an arrest warrant against Mr. Neptune, “accused of having ordered and participated in the massacre of the population of La Scierie (Saint-Marc) and in the arson of several houses during February 2004.” The arrest warrant stated that these are “acts that are established and punished by Articles 240 and ff., 356 and ff.,” without indicating of which law. 72 Also, on March 26, 2004, the Haitian Government issued an order that prohibited Mr. Neptune from leaving the country. 73 Mr. Neptune only heard about the existence of this warrant at the end of June 2004 through an announcement on the radio and on June 27, 2004, he turned himself into the police and was detained. 74 In his 67 Cf. Inter-American Commission on Human Rights, Annual Report 2006, OAS/Ser.L/V/II.127, March 3, 2007, Chapter IV – Haiti, paras. 88, 89 and 109. 68 Cf. Inter-American Commission on Human Rights, Annual Report 2006, supra note 67, para. 102. 69 Cf. United Nations, General Assembly. 19th Annual Report del Human Rights Committee. Examination of the reports presented by the States parties under Article 40 of the Convention: Haiti. Fiftieth session, supplement No 40 (A/50/40), 3 October 1995, paras. 226 and 238. 70 Cf. Application submitted by the Commission, supra note 3, para. 4 (folio 101), and Inter-American Commission on Human Rights, Annual Report 2005, OAS/Ser.L/V/II.124, February 27 2006, Chapter IV – Haiti, paras. 235 and 237. 71 Cf. Inter-American Commission on Human Rights, Haiti: Failed Justice or the Rule of Law? Challenges ahead for Haiti and the International Community, supra note 15, para. 4 of the summary. 72 Cf. Arrest warrant, supra note 20. 73 Cf. Application submitted by the Commission, supra note 3, para. 30 (folio 108). 74 Cf. Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 4 (folio 448).