A/HRC/11/5
Child, which has been ratified by Haiti, form the subject of a debate and policy shift
given that incarceration is still the only solution contemplated to address the
problems of children in conflict with the law, whereas it should only be used as a
last resort. In this regard, he advocates the adoption, in the Juvenile Code, of
provisions promoting youth crime prevention strategies, alternative non-custodial
measures and the implementation of effective rehabilitation and reintegration
programmes, while encouraging foster care in the case of some non-serious crimes.
52. The independent expert welcomes the official commencement of work on
building the juvenile court in Cap-Haïtien and recalls that, under the Law of
9 September 1961, specialized youth courts had been set up in five towns in Haiti
but they have never been operational; only the juvenile court in Port-au-Prince
provides specialized responses in juvenile justice matters. The establishment of the
juvenile court in Cap-Haïtien will make it possible to try youth offenders in shorter
periods within the Cap-Haïtien appeal court’s jurisdiction, avoid prolonged pretrial
detention of minors within the jurisdiction and handle cases involving children in
conflict with the law in conformity with the United Nations minimum rules.
4.
Institute of Forensic Medicine
53. The successive reports of the previous independent expert on Haiti referred to
the importance of granting the Institute of Forensic Medicine (IML) permanent
status (A/HRC/4/3, para. 52). The forensic aspect of the procedural formalities is
not taken into consideration by district judges who, contrary to the Code of Criminal
Procedure, order at-the-scene examinations of corpses and act as criminal
investigation officers in drawing up reports on findings. The statutory requirement
that there be an accompanying medical officer to determine the apparent cause of
death is thus never observed.
54. The number of autopsies carried out by the Institute of Forensic Medicine is
not sufficiently high if one refers to the records of the State University of Haiti’s
hospital for 2006. 6 By way of example, out of 5,330 admissions to its mortuaries,
including 880 victims of violent deaths, the Institute carried out only 160 autopsies,
i.e. 18 per cent of the total. It should be stated that these figures include neither
victims of violence who are treated or die in operating theatres of public or private
hospitals, which almost never inform the police or judicial authorities, nor victims
of violent or suspicious deaths which are treated as ordinary deaths and are thus
buried by the mortuaries without notification of the authorities. Most corpses, on
arrival at the hospitals’ mortuary on district judges’ orders, do not undergo any
medical examination leading to the issue of a death certificate stating the apparent
cause of death. Bodies arriving at the Institute following an application by the
government commissioner for an autopsy to be carried out are thus not accompanied
by a death certificate or an at-the-scene examination report signed by a medical
officer. Case files concerning violent or suspicious deaths which reach the
prosecution department are in all instances accompanied by brief and poorly drafted
reports on the findings.
55. Under the current circumstances, the independent expert recommends that the
following recommendations be considered: institution of a legal framework to
govern the functioning of the Institute of Forensic Medicine; creation of a
__________________
6
14
The independent expert did not have knowledge of more recent statistics.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents