A/HRC/11/5
III. RECOMMENDATIONS
87. In the light of the foregoing observations, the independent expert makes the
recommendations set out below.
88.
On the judicial system, he recommends the following:
(a) Appointment of the President of the Court of Cassation and the President
of the Supreme Council of the Judiciary and initiation of the programme for the
vetting of judges;
(b) Appointment of the director-general of the Judicial Training College and
implementation of initial training for judges;
(c) Establishment of a judicial inspectorate composed of judges with a view
to the regular, ongoing and effective supervision of the activities of the courts and
the appointment of judges in order to ensure the proper functioning of the judicial
system and thus safeguard the rights of persons before the law;
(d) Establishment of the two specialized chambers to deal with certain
serious political offences and with economic and financial crimes;
(e) Clarification and simplification of certain criminal procedures,
particularly with regard to non-custodial and suspended sentences, police custody
and habeas corpus, as well as the duration of pretrial detention and the delegation of
judicial powers to the criminal police;
(f) Due attention to the issue of youth imprisonment and to the provisions of
the Convention on the Rights of the Child;
(g) 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;
(h) Institution of a legal framework to govern the functioning of the Institute
of Forensic Medicine, creation of a demarcation line between the State University of
Haiti’s hospital mortuary and the Institute’s mortuary, and consideration of the
possible extension of the services to the provincial jurisdictions through the setting
up of at least two Institute annexes in the towns of Le Cap and Les Cayes;
(i) Continuation of the expansion of the network of law centres and the
implementation of a mechanism for regular training and exchanges between persons
in charge of the law centres.
89.
On the police system, he recommends the following:
(a) Greater attention to certification of the members of the General
Inspectorate of the National Police and increase in human and financial resources;
(b) Allocation of priority to vetting senior police officers in order to send out
a clear signal as to the objective being pursued;
(c) Regular and close involvement of the MINUSTAH Human Rights
Section in all monitoring stages of the procedure to ensure that the process
conforms to relevant international standards;
21
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