A/HRC/22/65
the declaration of assets in 2008, the Anti-Corruption Unit has registered only 562 civil
servants as having completed the formalities required under that law.5
37.
As for case handling, the independent expert recalls that the prompt establishment of
specialized chambers to deal with certain serious crimes in which political factors come
into play and with economic and financial crimes would undoubtedly be one way of
tackling corruption more effectively. These specialized chambers, made up of judges
supported by qualified and capable investigators, would handle crimes of kidnapping and
aggravated abduction, serious offences with political overtones and other grave human
rights violations. They would also be responsible for dealing with economic and financial
crimes such as concealment of assets and money-laundering.
38.
Popular justice. Numerous cases of public lynchings are reported on a regular
basis. The increase in the number of such cases reflects a lack of confidence in the
capacities of the police and justice system: these acts of violence and lynchings are not
investigated and the perpetrators go unpunished. The independent expert is aware that
prosecuting the perpetrators is often difficult, since they are anonymous crowds and the
public are often reluctant to reveal their identities. However, investigations must be
conducted and a clear signal must be sent by the authorities at the highest level that no one
in a State governed by the rule of law is entitled to take the law into his or her own hands.
39.
The independent expert welcomes the prevention-oriented activities undertaken by
MINUSTAH on the ground to draw attention to the importance of the right to life and the
role of the judiciary. He recommends that donors subsidize training to roll out these
activities nationwide.
40.
Legal aid. The national legal aid system continues to function through legal aid
bureaux in several jurisdictions, either with the assistance of the Port-au-Prince Bar or with
international funding. In an earlier report,6 the independent expert drew the attention of the
Human Rights Council to the fragility of the system. The system could not have been put in
place without funding from the International Legal Assistance Consortium, which has been
temporarily replaced by the Union of South American Nations (UNASUR)7 and the
Community Violence Reduction Section. It is imperative that ongoing support for this
system, under which assistance is offered to many parties at law, should be provided
pending the establishment, in law, of a proper national legal aid system under the
supervision of the Haitian State.
C.
Prison system and extended pretrial detention
41.
One issue that is constantly being raised is that of the close link between extended
pretrial detention and prison overcrowding. On each of his visits, the independent expert
spends time in detention facilities, police stations and prisons, but without seeing any real
improvement in the situation.
42.
In December 2012, there were 8,860 persons in total in the country’s 17 prisons, as
compared with 1,935 in 2004. With regard to space, the Government has proposed a plan to
create 5,700 new places in prisons. These places will be needed, given the marked increase
in the size of the prison population.
5
6
7
8
Statement by the Director of the Anti-Corruption Unit, Antoine Atouriste, broadcast on Radio
Métropole on 26 June 2012.
A/HRC/17/42, para. 47.
Union de Naciones Suramericanas.
GE.13-10672
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