A/HRC/4/3 page 16 49. It is difficult to imagine how - barring a memory lapse - these “neo-militarists” could feel nostalgia for the Duvallier and Cédras years, during which there was a State within State, the consequences of which are well known. B. The temptation - just as heedless of the past - to restore the death penalty 50. With regard to the restoration of the death penalty, the independent expert is of the view that, bearing in mind the recurrent shortcomings of the police force and the judiciary shortcomings that have been brought to light in numerous reports - the risk of miscarriages of justice would make the re-establishment of the death penalty a source of irremediable injustice through the execution of innocent citizens, as was, lamentably, the case - let us not forget during the Duvalier era, as the NGO Lawyers’ Committee for the Respect of Individual Liberties (CARLI) has pointed out. Moreover, citing the weakness of the judiciary, the Vice-President of the Haitian Chamber of Commerce and Industry expressed her reservations regarding the restoration of the death penalty. 51. It is, however, essentially a question of principle: the scourge of insecurity, no matter how intolerable, can in no way justify such a breach of the Constitution, for two reasons: − On the one hand, it must be pointed out that article 20 of the Constitution explicitly states that “the death penalty is abolished in all cases”; − On the other, article 276-2 of the Constitution states that any treaty that has been ratified takes precedence over domestic legislation, while article 4, paragraph 3, of the American Convention on Human Rights, which has been ratified by Haiti, stipulates that “the death penalty shall not be re-established in States that have abolished it”. Duly noted! C. Insufficient attention to forensic medicine in efforts to combat impunity 52. In his previous reports, the independent expert constantly stressed the need to make up for the lag in the development of forensic medicine and forensic science, which are both priority areas for combating impunity in periods of tension and violence (E/CN.4/2006/115, paras. 66 and 67). He placed particular emphasis on: − On the one hand, the adoption of the draft statute giving the Institute of Forensic Medicine sufficient autonomy and establishing a board of administration composed of one representative from each of the oversight ministries (health and justice), a representative of the Faculty of Medicine and Pharmacy of the State University of Haiti appointed by the Dean, and an administrator to assist the team of two forensic doctors trained in thanatology and medical care of the living; − On the other, the decision setting the scale for the remuneration of forensic scientists.