A/HRC/22/65
continues unabated. Several cases4 were drawn to the independent expert’s attention during
his most recent visit.
31.
Civil society organizations and the Office of the Ombudsperson continue to
condemn the practice whereby persons are illegally or arbitrarily arrested or detained at the
request of Government Commissioners. In a State governed by the rule of law, it is
unconscionable that law enforcement officials should feel that they have permission to flout
the law and to behave in this manner while the judiciary stands idly. It is yet another sign of
the disarray in the judicial system, given the prevailing climate of impunity.
32.
The independent expert suggests that the Minister of Justice and Public Security
send a circular to the Government Commissioners to remind them of the penal policy that
he wishes to see applied and that he also proceeds forthwith to establish a judicial
inspectorate to assess whether or not the criminal justice system is working.
33.
The Legal Service Training College. The Legal Service Training College is still
having difficulty operating, notwithstanding the significant support provided by the
international community. In May 2012, President Martelly took part in the degree awards
ceremony for the fourth group of students to graduate as judges in Haiti. What added to the
importance and symbolism of the ceremony was the fact that the group was the first to
graduate since the adoption of the 2007 law providing for the establishment of the Legal
Service Training College as a legal entity. The 20 judges had studied theory and received
practical training at the Legal Service Training College in France before continuing with
their training in Port-au-Prince. This important phase should be followed by other
graduations, but the independent expert should like to point out that there is a two-track
system for recruiting judges in Haiti: the entrance competition for the Legal Service
Training College, and probationary periods. The Haitian justice system would gain in
strength if these derogations from the law on recruitment through the Legal Service
Training College were to be eliminated.
34.
Combating corruption. On each of his missions, the independent expert has been
struck by the corrosive effect that corruption has had on the country’s judicial institutions.
He continues to receive numerous reports which show that corruption remains rife at all
levels. The independent expert recalls that anti-corruption measures have been included in
the action plans of the Ministry of Justice and Public Security for years and that an
evaluation of how they are implemented would undoubtedly constitute a significant step
forward.
35.
Successive speeches first by President Préval and then by President Martelly seemed
to have sent a clear signal of renewed political will to make the fight against corruption a
strategic objective. The recent operations conducted in Port-au-Prince in June 2012 clearly
demonstrate that when the political will is there, results will immediately follow. The
independent expert welcomes the commitment made to building the institutional capacity of
the police and the justice system for investigating transnational crimes, corruption and
political crimes. He also welcomes the allocation of appropriate human and financial
resources to the Anti-Corruption Unit and the Central Financial Intelligence Unit. This is
precisely the kind of signal that the international community wants to see in the fight
against corruption.
36.
The independent expert furthermore recalls that Members of Parliament and civil
servants are required to declare their assets. However, since the promulgation of the law on
4
GE.13-10672
For example, the case of an investigating judge believed to have been appointed solely for the
purpose of releasing Calixte Valentin, who was implicated in the murder of Octanol Derissaint, a
young merchant from Fonds-Parisien.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents