A/HRC/11/5
society, is still rife at all levels. The independent expert notes that the fight against
corruption is part of the action plans of the Ministry of Justice and Public Safety and
that an implementation evaluation would undoubtedly be a major step forward.
Successive speeches by President Préval since 2007 appear to have sent out a clear
and renewed signal of the political commitment to making the fight against
corruption a strategic objective but implementation seems to be slow.
27. Implementation action should involve, inter alia, institution building in order
to strengthen police and judicial investigation capacities in the areas of international
crime, corruption and political offences, as well as the allocation of adequate human
and financial resources to the Anti-Corruption Unit (ULCC) and to the Central
Financial Intelligence Unit (UCREF). Also, the establishment of an effective
forensic department equipped with biological and ballistic facilities and the
strengthening of forensic medical services would greatly facilitate the search for
evidence during judicial investigations.
28. With regard to case handling, the independent expert wishes to point out that
the early establishment of specialized chambers to deal with certain serious political
offences and economic and financial crimes would undoubtedly be one way of
effectively tackling corruption. The tasks of such a specialist structure formed of
judges supported by qualified and competent investigators would be to handle
crimes of kidnapping and aggravated abduction, serious political offences and other
serious human rights violations. It would also be responsible for dealing with crimes
frequently involving transborder activity, in particular economic and financial
crimes such as drug trafficking, concealment of assets and money-laundering. In
2008, an agreement was apparently reached between the Government and the
judicial authorities to set up these specialized chambers at the lower court of
Port-au-Prince, one to handle serious politically motivated offences and the other to
deal with economic and financial crimes.
29. The independent expert wishes again to draw the attention of the Government
and the international community to the fact that the complexity of the cases and the
importance of quality investment in their study would warrant the provision of
assistance, experience and technical skills by experts from abroad to Haitian justice
practitioners in the form of short missions, without infringing the independence of
Haitian judges.
30. Office of the Ombudsman: Article 207 of the 1987 Constitution established the
Office of the Ombudsman (OPC) with the aim of protecting all persons against any
form of abuse by the public administration. Chosen by consensus by the President of
the Republic, the President of the Senate and the President of the Chamber of
Deputies, the Ombudsman is appointed for a non-renewable term of seven years.
The independent expert commends the Office of the United Nations High
Commissioner for Human Rights (OHCHR) for its support in the drafting of the
legislative bill revising the functions of the Office of the Ombudsman to bring it
into line with the Paris Principles and recommends that the bill be adopted by
Parliament and that the Office be allocated an adequate budget to allow, in
particular, the setting up of regional bureaux that will put the institution in closer
contact with its beneficiaries.
31. In his reports, the previous independent expert had urged, primarily in
anticipation of the departure of MINUSTAH, that the mandate of the Office be
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