A/HRC/4/3
page 7
the Organization of American States (OAS) which was entrusted with establishing a
national electoral roll that made it possible to issue forgery-proof identity documents to
more than 3 million Haitians aged 18 and over.
7.
The independent expert wishes to commend all those, particularly the Haitians, who
contributed with public-spiritedness, competence and dedication to the finalization of this
process, despite the difficulties encountered almost every day, particularly in rural areas, as the
independent expert has observed; and the leaders of political parties who, despite the profound
antagonisms between them, demonstrated a spirit of “conciliation” that enabled success to
triumph over the predicted failure. It is to be hoped that this is a sign of a future “reconciliation”
through democracy, under which a political adversary is not an enemy but simply an opponent
whose differences of opinion should foster democratic debate and not fuel hatred.
I.
THE RISK OF SEEING THIS LARGELY SUCCESSFUL EMERGENCE
FROM THE CRISIS COMPROMISED BY GROWING AND ALMOST
UNCONTROLLABLE INSECURITY
A. The regrettable deterioration in relations between the police
and the justice system
8.
These often-strained relations have seriously deteriorated in recent months, following a
spate of incidents. It is to be hoped that reason will triumph and that such incidents will be
resolved by a return to dialogue.
9.
The first incident took place on 21 February 2006, when the Central Director of the
Judicial Police raised serious questions about the honesty of the judiciary.
10.
In the second incident, this senior official, who was also the subject of accusations
relating to a gang case, refused to comply with a summons issued by the investigating judge and
demanded that the judge be taken off the case. The judge, whose professionalism had been
recognized when he presided over the Raboteau trial of the perpetrators of massacres committed
under the Cédras dictatorship, withdrew of his own volition after a heated exchange in the media,
and the case was assigned to another judge.
11.
In the third incident, which occurred on 16 December 2006, the Director General of the
Haitian National Police violently criticized the judiciary during a speech made in the presence of
the Prime Minister during the swearing-in ceremony of the eighteenth class to graduate from the
Haitian National Police Training Academy. Some of his words are worth underlining here:
“In spite of the efforts of the current Minster of Justice and those working closely
with him to combat corruption in the judiciary, there have not been any perceptible
results. Our judicial system is still fragile; its fragility is characterized by a lack of
maturity and competence and, what is more, by a dishonest culture of venality sustained
by unparalleled corruption […]. Today nothing, or very little, remains of our judicial
system except for the tyranny of a few judges and State prosecutors who, in their own
interests, publicize their interpretation of the law and devise all kinds of legal pretexts to
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