A/HRC/4/3
page 17
53.
At the request of the general directors of the Ministry of Public Health and the Ministry
of Justice of the Transitional Government, in January 2006 the NGO Unité de Recherche et
d’Action Médico-Légale (URAMEL) submitted to the authorities a draft agreement between
these two ministries that would give the Institute of Forensic Medicine a genuine statute.
Regrettably, although an administrator has been appointed, the agreement has not yet been
signed.
54.
The independent expert regrets that the promises that he received from successive
governments on this subject were not kept, and he hopes that the new Government will adopt the
agreement as a matter of urgency so that the Institute can finally make an effective and
indispensable contribution to the efforts of the authorities, who have expressed their intention to
wage a resolute war against impunity. Indeed, the Institute plays a crucial role in gathering
evidence in most violence-related cases. In this regard, a judge without forensic science is a
powerless judge.
55.
On the initiative of the Ministry for the Status of Women and Women’s Rights and
specialized civil society organizations, such as URAMEL and KONAP, a “draft agreement on
the provision of a free medical certificate” was signed on 24 November 2006 by the Ministry for
the Status of Women and Women’s Rights, the Ministry of Public Health and Population and the
Ministry of Justice and Public Safety.
56.
The draft agreement specifies that “a medical certificate may be issued to any person,
including women victims of any kind of assault, be it physical, sexual or otherwise, by a
licensed, officially recognized physician” and that it may also be issued by hospitals, health
centres and specialized clinics. In other words, any medical certificate issued by a physician
who is authorized to practise in Haitian territory is sufficient to permit the initiation of criminal
proceedings.
57.
It is to be hoped that the draft agreement will put an end to the interminable discussions
on the competence or lack of competence of particular categories of physicians to issue such
certificates. If the spirit of the text is adhered to, once a physician is authorized to practise in
Haiti, he or she may issue a certificate, which implies that such certificates may also be issued by
foreign physicians.
58.
While he commends such progress, which he had called for in his previous reports, the
independent expert emphasizes the need to address two remaining shortcomings. He wishes to
point out that there had always been an agreement with successive governments, whatever their
political leanings, that the aforementioned text would have at least the force of a circular rather
than a mere inter-ministerial agreement. Moreover, it had been promised that the circular would
not only establish the aforementioned procedure for the provision of medical certificates but
would also validate the use - including by magistrates - of models for submissions and court
orders (including interlocutory orders) prepared nearly five years ago by a multidisciplinary
working group (magistrates, lawyers, physicians and social workers) meeting on the initiative of
the NGO URAMEL.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents