A/HRC/4/3
page 2
Summary
For reasons relating to the calendar of the former Commission on Human Rights,
the report of the independent expert (E/CN.4/2006/115), which was circulated during the
second session of the Human Rights Council, covered the situation in Haiti up to January 2006
and did not take account of the situation under the Transitional Government headed by
Prime Minister Gérard Latortue. A brief update, which will be referred to below, was
subsequently circulated in the Council in the form of a working paper (French only), taking
account of the principal changes that had occurred in the political and institutional life of Haiti.
Moreover, for health reasons which today no longer obtain, the independent expert could
not carry out the visit that had initially been planned for the third quarter of 2006. Consequently,
this report was largely prepared: on the one hand, in the light of information gathered from
civil society organizations and with the cooperation of the specialized departments of the
United Nations Stabilization Mission in Haiti (MINUSTAH), particularly the Human Rights
Section, the Justice Section, the Gender Unit and the Child Protection Section and, on the other,
with the State services most directly concerned. Apart from a recent working meeting with the
Chargé d’affaires a.i. of the Permanent Mission of Haiti to the United Nations Office at Geneva,
the independent expert met, on separate occasions during their visits to France, in addition to the
former Prime Minister of the Transitional Government, Mr. Gérard Latortue, with the President
of Haiti, Mr. René Préval, and with Mr. Juan Gabriel Valdés, the former Special Representative
of the Secretary-General in Haiti, and with his successor, Mr. Edmond Mulet.
The developments in the situation can be summarized as follows: an undeniable return to
constitutional legality but a long way to go to achieve a consolidated State based on the rule
of law. The goal to be pursued during this period is to reduce the chronic malfunctions of the
State - and their impact on human rights - as a matter of priority in the areas of the police, the
judicial system, prisons and, more generally, in efforts to combat the impunity of perpetrators of
particularly serious crimes which, at the end of 2006, took the form - in addition to drug
trafficking - of waves of murders and kidnappings for ransom. In order to achieve this, it is
necessary to strengthen, through vetting, the police and justice services, and to launch an
ambitious plan of action to reform the judicial system.
Shortcomings in the operation of the police force, the judiciary and the prison system
have already been noted in the independent expert’s previous reports and a considerable number
of problems remain. For the most part, these concern:
− With regard to the police, there have been, inter alia, and apart from ill-treatment in
cases of arrest, frequent non-observance of the time limit for remand in custody for
which custody registers are all too often badly kept, the practice among certain police
officers of “conciliation between the parties”, which can give rise to dubious financial
transactions and abuses of authority, for personal ends, on the part of police officers;
− In the area of justice, the independent expert draws attention to endemic corruption,
the lack of legalism (district judges who do not respect the legal time limits for the
transmission of cases, or who release detainees when they do not have the legal
competence to do so), the authorities’ non-observance of the procedure for renewing
judges’ mandates, chronic absenteeism of certain magistrates that can sometimes be
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