A/HRC/31/77 actions will be key in ensuring that human rights issues are accorded due prominence when tackling the causes of the country’s sharp inequality, as well as for purposes of coordinating the reports that Haiti is to submit to the human rights bodies and to the Human Rights Council, in particular for the universal periodic review in 2016. D. Impunity and violations committed in the past 73. The fourth aspect, which is closely linked to bolstering the rule of law, is the fight against impunity. This issue should be afforded priority attention in the search for a solution to the critical situation of human rights in Haiti. (a) Priority action to provide redress for human rights violations committed in the past 74. It is crucial to continue with the proceedings launched against the human rights violations perpetrated under the regime of the former dictator Jean-Claude Duvalier. No significant headway has been made since he died in October 2014. The proceedings need to move forward against his cohorts in the dictatorship. For that, the investigating judge must be assured independence, security measures need to be strengthened and additional resources (human, physical and financial) must be made available to follow through with this high-profile and symbolic case. The investigating judge should be relieved of all other cases in order to devote himself entirely to the Duvalier case. 75. The Independent Expert wishes to repeat his recommendation that a national commission be set up to provide redress to the victims of serious violations committed in the past under the regime of the two Duvaliers (father and son) and the military, as well as acts of violence perpetrated by groups supporting or opposing President Aristide. The Independent Expert repeats his recommendation that such a commission be set up, following on the similar idea proposed in 1995 for the National Truth and Justice Commission created for the victims of the 1991 coup. Aside from overseeing material reparations and judicial declarations of responsibility, the commission could contribute in the medium and long terms to defining educational activities aimed at re-establishing the right to memory; this would ideally redound in a substantial improvement of the human rights situation in Haiti. 76. It is important to recall that, at the time the report of Haiti was considered in 2014, the Human Rights Committee shared the Independent Expert’s view as to the urgency of taking action on violations committed in the past and recommended that the investigation of the Duvalier case be continued so that all persons responsible for serious violations committed during that time would be brought to justice and the victims would be given fair and equitable redress. The State should implement the recommendations of the National Truth and Justice Commission in respect of the serious violations committed between 1991 and 1994 (CCPR/C/HTI/CO/1, para. 7). (b) The need for a stronger and more credible judicial system to combat impunity 77. In Haiti, impunity is not limited just to cases of human rights violations. The judicial system must have stronger guarantees of independence and the High Council of the Judiciary must be helped to operate more effectively: this will build greater credibility for the institutions fighting impunity, especially in cases involving murder (starting with those attributed to agents of the State), sexual violence and attacks against human rights defenders. The Independent Expert makes a call once again to the country’s authorities in this regard, as also expressed by the Human Rights Committee at the time it considered the report of Haiti in 2014 (CCPR/C/HTI/CO/1, paras. 16 and 17). 14 GE.16-01946

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