A/HRC/38/30
echoed those of the Independent Expert (see A/HRC/31/77, paras. 103–111, and
A/HRC/34/73, paras. 99–107).
B.
Need for reform of criminal legislation
35.
While a wide range of factors contribute to the overall inefficiency of the criminal
justice sector, which consequently result in human rights violations such as prolonged
pretrial detention, outdated criminal legislation is at the core of the many challenges. This
was raised in the 2014 draft human rights action plan, in which several relevant
recommendations of international human rights mechanisms were highlighted.
36.
In 2012, in an attempt to address this issue, former President Martelly set up a
presidential commission to reform the Criminal Code and the Code of Criminal Procedure.
The commission benefited from the efforts of a previous working group that operated from
2009 to 2011, under the auspices of the Minister of Justice.
37.
In 2015, the commission presented a revised draft of the two codes to a range of
actors, including members of the five courts of appeals, lawyers and representatives of civil
society organizations. The human rights component of the Stabilization Mission then
submitted comprehensive comments to the commission, including to ensure that the drafts
would comply with international human rights norms and standards. In October 2015, the
commission submitted the revised texts to the President. In April 2017, the drafts were
presented to the Minister of Justice who, as required by law, transmitted them to Parliament
for debate and voting. As of April 2018, the two houses of Parliament had not discussed the
drafts.
38.
A bill on legal aid has been under debate in the Senate since 2017. The majority of
detainees cannot afford legal counsel and can spend years in pretrial detention without
anyone to represent them in court. Following the vote of the Senate on 17 August 2017, on
21 February 2018, the lower house of Parliament (the Chamber of Deputies) voted for a
number of changes to the bill, which required the Senate to conduct a second round of
voting. As of April 2018, the Senate had not yet taken action on the bill.
C.
Lack of accountability for human rights violations committed by the
police
39.
Noting the recommendations of the universal periodic review of March 2012, the
2014 draft national human rights action plan acknowledged the need for the Haitian
National Police to comply with human rights law, including by strengthening the capacity
of the Haitian National Police General Inspectorate and ensuring human rights training for
new recruits. Nevertheless, operations conducted by the Haitian National Police, which
remains the main entity responsible for security in the country, continue to pose serious
human rights concerns.
40.
In recent years, the police have been responsible for human rights violations on
multiple occasions and the judicial authorities have failed to hold the alleged perpetrators
accountable. These patterns are illustrated by two incidents that were investigated by the
human rights component of the Mission for Justice Support, which occurred in Lilavois in
October 2017 and in Grand Ravine in November 2017. The human rights component has
documented several other instances of officers of the Haitian National Police having
resorted to excessive use of force, which caused civilian casualties, including among
children.
41.
On 12 October 2017, the Brigade for Departmental Operation and Intervention, a
specialized unit of the Haitian National Police, conducted an unauthorized search operation
in Lilavois (West Department). The Brigade, which was found responsible for serious
human rights violations in the past,11 appears to have conducted the operation to avenge for
11
See United Nations Stabilization Mission in Haiti and OHCHR, “Rapport sur la situation des droits de
9
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