A/HRC/4/3 page 13 − Abduction of public figures (members of Parliament, judges, etc.): several public figures, including a former minister, have been targeted by threats of kidnapping, attempt kidnappings and kidnappings; − Taking hostage of public transport users: for example, in December 2006, some 60 passengers of two buses were released (under undisclosed conditions) after the vehicles had been hijacked and driven to Cité Soleil. 34. Investigations indicate that a large number of the persons kidnapped in and around the capital in 2006 said that they were held in Cité Soleil. II. WHICH STRATEGY - NEGOTIATION OR CRACKDOWN - SHOULD BE USED TO COMBAT THE IMPUNITY OF THESE SO-CALLED “NEO-CRIMINALS”? 35. “Neo-criminals” because, contrary to appearances, the gang phenomenon arose as part of the instability that had become evident during the last months prior to the departure of President Aristide and the holding of the 2006 elections. This period was characterized by a threefold wave of violence: (a) that which followed the “release” (i.e., escape) of almost all prisoners; (b) that of the leaders of the popular organizations who, having lost their points of reference, became “free electrons”; and (c) that linked to the emergence of armed groups that have been called the “eleventh-hour workers” (les ouvriers de la onzième heure), who legitimize their criminal activities by practically claiming to be “freedom fighters”. 36. In the light of the above, the elected Government first considered that the situation could be addressed through negotiations; this provoked strong reactions. The Government’s approach soon showed its limits when, in December, the wave of kidnappings took a tragic turn. While still leaving open the possibility for gang members to take part in the disarmament, demobilization and reintegration programme, the Government modified its strategy to include the use of targeted repression. 37. Since 22 December 2006, MINUSTAH and the Haitian National Police have conducted several joint operations - unquestionably much better coordinated than in the past - which will be remembered as Operation “Major crimes”. During these operations, several gang leaders including the leader of the gang allegedly responsible for the murder of two Jordanian peacekeepers, were killed or arrested. It seems that these operations are beginning to show their effect, particularly owing to the increasing participation of a segment of the population that is less and less reluctant to cooperate by indicating the hideouts of gang leaders. Operation “Major crimes” would be even more effective if it was supported by a special intelligence unit. 38. However, the controversy surrounding these operations cannot be ignored. While some consider that the “major crimes” operations are conducted with disproportionate means and cause civilian casualties, others believe that, since these operations target “micro-guerrillas”, who are frequently armed with heavy weapons and who blend into the population, the risks for the civilian population cannot be entirely avoided, even when the proportionality principle is observed as far as possible.

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