A/HRC/17/42
(h)
A procedure should be established for processing all cases pending before the
public prosecutor’s office within a time limit of one month by referral to an investigating
judge, by direct order to appear in court with no preliminary investigation or by
discontinuation of the proceedings;
(i)
All cases of detention pending before the public prosecutor’s office, and for
which referral to an investigating judge is neither compulsory nor necessary, should be
dealt with by direct order to appear in court;
(j)
Action should be taken to combat impunity by referring the events that took
place in the civilian prison of Les Cayes on 19 January 2010 to the courts.
83.
With regard to the police, the Independent Expert recommends that the following
measures be taken:
(a)
An unequivocal declaration on the vetting process should be issued by the
Special Representative of the Secretary-General and the Haitian authorities;
(b)
The vetting process, which was under way before the natural disaster, should
be revived in accordance with the procedures set forth in the national police reform plan;
(c)
Previous recommendations made by the Independent Expert should be taken
into account as a way of showing that the vetting process is being taken seriously;
(d)
The Supreme Council of the National Police should meet to lay the
groundwork for the certification of police officers;
(e)
Adequate human resources and funding should be made available to
overcome the administrative and financial obstacles that stand in the way of a successful
conclusion of the vetting programme;
(f)
The importance of the role of OHCHR in the vetting process should be
reasserted and steps should be taken to ensure that it is respected.
84.
With regard to the Office of the Ombudsman, the Independent Expert recommends
that the following measures be taken:
(a)
The bill on the Office of the Ombudsman should be enacted as soon as
possible and the Office should be provided with adequate funding;
(b)
A round table, run by the Office and bringing together its institutional and
financial partners, both national and international, should be organized;
(c)
The support programme for the Office, including the section on rebuilding of
its premises, should be presented to the Interim Haiti Recovery Commission in order to
demonstrate the importance that is attached to the Office of the Ombudsman in
reconstruction aimed at re-establishing the rule of law.
Reconstruction
85.
With regard to the Interim Haiti Recovery Commission, the Independent Expert
recommends that the following measures be taken:
(a)
Donors and members of the Commission should be reminded of the vision
presented by the Prime Minister at the donors’ conference in February 2010;
(b)
The Commission should rethink its task, adopting a rights-based approach to
reconstruction in order to send the message that the aim of reconstruction is to guarantee
people the rights of which they have for so long been deprived;
GE.11-12426
19
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