A/HRC/20/35 are withdrawing, the Haitian State is still having difficulty taking control with a supply of drinking water to vulnerable areas, including the camps, where the services of the cholera treatment centre are literally disappearing. 92. The Independent Expert recalls that long-term funding is not yet available and that short-term funds have been exhausted. A humanitarian appeal for 231 million dollars for 2012 under the Consolidated Appeals Process (CAP) has generated only low levels of funding. 93. The public controversy over who was responsible for introducing the strain of cholera to Haiti is growing. Complaints registered by the families of victims are increasing, and the number of persons who request certificates of cholera infection at health-care establishments is constantly rising. The Independent Expert has neither the authority nor the mandate to offer an opinion on the origin of the disease. However, he wishes to point out that silence or denial will do nothing to promote a good understanding of the activities of MINUSTAH in a context marked by several distressing episodes of sexual assault in which MINUSTAH military personnel have allegedly been implicated. V. Combating impunity A. Case of Jean-Claude Duvalier 94. At the beginning of 2012, the investigating judge announced the decision to return Jean-Claude Duvalier to a criminal court to be tried for the crimes of corruption and misappropriation of public funds, dismissing 22 complaints of crimes against humanity filed by victims who had joined together in an action group against impunity. 95. The United Nations High Commissioner for Human Rights, MINUSTAH and the Independent Expert have all voiced their criticism of this decision, demonstrating a common understanding of the situation. Nonetheless, all possible legal assistance has been provided to the judicial authorities by the United Nations, following the offer made by the High Commissioner to share OHCHR expertise with the Haitian judicial authorities and to assist them in investigating and establishing the facts. Several special procedures mandate holders26 have also responded to the Independent Expert’s appeal to contribute their legal expertise and share their experiences of addressing similar situations in other countries, in particular with regard to enforced disappearances and crimes against humanity. 96. The victims and their families have decided to appeal against the decision of the investigating judge, and will doubtless exhaust the domestic remedies available in Haiti before turning to the Inter-American Court of Human Rights. 97. The case has evoked powerful emotions, in the country as abroad, and everyone’s thoughts must turn first and foremost to the victims and their families, who are still waiting for the Haitian judicial system to bring those responsible to justice. They are waiting for true recognition that these were crimes against humanity. They are waiting for justice to be done, and for some effort to be made to keep what happened from being forgotten, in the same way as in other countries that have experienced similarly dark periods, for example in Latin America, Africa and the rest of the world, and that have managed to develop a 26 18 The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Working Group on Enforced or Involuntary Disappearances and the Working Group on Arbitrary Detention. GE.12-13208

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents