A/HRC/14/44 ___________________________________________________________________________________________________________ medium-term handling of this matter, the independent expert wishes to restate a number of principles and formulate some recommendations which remain relevant in the context of providing technical assistance to the Haitian authorities. A. Consolidation of the rule of law 1. The police 66. Ever since he took up his duties the independent expert has been following closely the introduction and implementation of the national plan for reform of the police, noting inter alia in his preceding report that the security situation has improved and that the police reforms were visible, even if there might be legitimate doubts about the procedure for removing undesirable police officers from the force. 67. The reform of the National Police and the vetting procedure introduced with MINUSTAH support had been one of the main features of the re-establishment of what is a cornerstone of the rule of law. The vetting of the records of all police officers had made considerable progress, several hundred files had been referred to the Supreme Council of the National Police, which was to take the decision to retain the officer in question in the ranks or to dismiss him if he did not satisfy the requirements of a democratic police force. 68. This process was interrupted by the earthquake and the records which were to be used to certify Haiti’s police officers or remove undesirable elements were unfortunately lost when the buildings occupied by MINUSTAH and the General Directorate of the National Police collapsed. The independent expert is not sure what has happened to the back-ups of computerized documents which should have been made regularly during the vetting process. 69. The time has not yet come to resume the process, but when it does come these backups ought to make it possible to resume and complete the process, in accordance to the mandate given to MINUSTAH by the Security Council. 2. The justice system 70. The humanitarian emergency aside, the independent expert points out that the three 2007 acts on reform of the justice system should form the cornerstone of the reform of Haiti’s Judiciary. He had stated that the reforms were stagnating owing to the failure to take a decision on the appointment of the President of the Court of Cassation and had suggested the interim appointment of the current Vice-President of the Court (see A/HRC/11/5, paras. 17 to 21 and 88). This matter was taken up several times with President Préval and with Paul Denis, the new Minister of Justice, quite openly and frankly, and the reasons cited for deferring the decision seemed legitimate. However, the independent expert considers that the conditions are now satisfied and he again expresses the wish to see this appointment made promptly. In fact, as a result of the humanitarian crisis the country’s judicial institutions are in greater need than ever to be able to count on President Préval’s determination to separate the executive and judicial branches of State power in order to send out a clear signal on the direction of the reform to be undertaken. 71. Apart from his own ex officio powers, the President of the Court of Cassation is the keystone of the reform of the justice system. He is the one who presides over the Supreme Council of the Judiciary and who can therefore launch the programme on the certification and recruitment of judges; he also presides over the Governing Board of the Judicial Training College and would thus be able to establish the programme on the initial training of judges which the country so badly needs. GE.10-13204 (EXT) 15

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