A/HRC/17/42 workshops on monitoring the application of a rights-based approach to reconstruction could be organized by MINUSTAH with the involvement of Haitian or international experts. V. The case of Jean-Claude Duvalier 72. The return of former president Jean-Claude Duvalier surprised many observers and reopened painful wounds for many Haitians in and outside the country. Under the dictatorship, tens of thousands of opposition members were exiled and thousands of Haitians were arrested, tortured, executed or simply disappeared. Witnesses and international observers alike rated it as one of the region’s worst dictatorships. The Independent Expert has received a great many eyewitness reports and documents on the subject. During his most recent mission, he met victims and their families, several of whom have filed complaints against Mr. Duvalier. 73. President Préval accepted the offer by the United Nations High Commissioner for Human Rights to share OHCHR expertise with the Haitian judicial authorities and to assist them with their investigations and fact-finding efforts. The Independent Expert met with President Préval and the Minister of Justice and Public Security to offer them his assistance. He requested and received the support of several special procedures mandate holders,16 who will, if needed, contribute their legal expertise and share their experiences of addressing similar situations in other countries. 74. At the time of writing, international experts were working closely with the authorities to assess all the available options. In his meetings with President Préval, the Independent Expert recommended that careful consideration should be given to initiating legal action, that all the possibilities offered by the Haitian Criminal Code should be explored and that the temptation to dismiss the existing options out of hand, especially in connection with cases of enforced disappearance, should be avoided. He also considers that use should be made of the relevant provisions of international law, especially the jurisprudence of the Inter-American Court of Human Rights, of which Haiti is a member. 75. The Independent Expert wishes to underline that holding a fair trial would send an important signal to the people that the justice system in Haiti works and that, from now on, there will be no impunity for the most serious crimes. 76. In addition, the Independent Expert recommends that, in addition to exploring the available legal avenues, the authorities should undertake a project to preserve the historical memory, taking their cue from the truth and fact-finding commissions established in various African and Latin American countries. The Independent Expert also recommends that consideration be given to the possibility of teaching young people about the crimes of the past and reflecting on the impact all this work could have on the country’s future. 16 16 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.11-12426

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