A/HRC/38/30
the murder of a colleague some hours earlier. After the operation, three civilians were
found dead with gunshots to the head, suggesting summary executions. Nine other civilians,
including three women, were severely beaten by the Haitian National Police during the
operation and at least two of them were threatened with summary execution. The Brigade
arrested the nine individuals on charges of the murder of a police officer. During the
operation, officers of the Brigade also arbitrarily assaulted local residents, looted shops and
burned down three housing complexes.
42.
On 13 November, the Haitian National Police, with support from the United Nations
police, conducted an operation in Grand-Ravine (West Department) to neutralize gang
activity in the area. After the planned operation ended and the United Nations police were
preparing to withdraw, an exchange of fire ensued between the Haitian National Police and
individuals hiding in the school, which resulted in the death of two policemen and three
being injured. During the operation, the Haitian National Police reportedly killed eight
unarmed individuals, including 2 women, beat 3 school staff members and arrested 32
individuals. Several of those killed were found with gunshots to the head, suggesting
summary executions. One civilian has remained missing following these events, which
amounts to a forced disappearance. The use of tear gas in a school in which students and
teachers were present further suggests that the Haitian National Police resorted to excessive
use of force.
43.
The judicial authorities have not yet taken steps to hold those responsible for human
rights violations committed in the context of these two operations accountable for their
actions. The General Inspectorate conducted administrative inquiries into both incidents. In
the case of Lilavois, three officers of the Brigade were placed in administrative
confinement on 10 November 2017. In the case of Grand Ravine, the General Inspectorate
inquiries concluded that human rights violations were committed and several administrative
measures were taken against some of the implicated officers of the Haitian National Police.
These measures included suspension without pay, redeployment or removal from the police
force. While the General Inspectorate and judicial authorities have indicated that those
responsible are expected to face trial, at the time of drafting the present report, no judicial
investigation has been initiated in the case. These incidents are emblematic of wider
patterns of violations committed by the police in Haiti and demonstrate the urgent need to
ensure accountability.
D.
Impunity for past gross human rights violations
44.
For almost 30 years, during the Duvalier regime, massive and grave human rights
violations were perpetrated, including violations of the rights to life, liberty, integrity,
justice, and freedom of expression (see A/HRC/25/71, paras. 58–59). Human rights
violations, including civil rights and liberties, persisted after Jean-Claude Duvalier left the
country in 1986 (see A/49/513, annex, para. 6). In 1991, the Armed Forces staged a coup
d’état that ousted then-President Aristide, the first democratically elected president. Under
the military dictatorship, State agents regularly carried out summary executions, forced
disappearances, arbitrary arrests and torture (see E/CN.4/1996/94, para. 8). Acts of violence
perpetrated by groups supporting or opposing President Aristide were also denounced (see
A/HRC/31/77, para. 75).
45.
None of the perpetrators of these violations has been punished. In 1995, after being
reinstated, President Aristide created the National Commission for Truth and Justice to
investigate human rights abuses that took place under the military rule between 1991 and
1994. Its final report, produced in February 1996, shed light on the violations committed by
the Armed Forces. However, no similar body has documented violations committed before
1991.
46.
For years, victims attempted to have their complaints of human rights violations
decided by a court of law. In February 2014, in a landmark decision, a court of appeal
l’homme en Haïti: 1er juillet 2015–31 décembre 2016”, para. 23.
10
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