A/HRC/17/42
investigating judge, by direct order to appear in court with no preliminary investigation or
by discontinuation of the proceedings, or to have all cases pending before the public
prosecutor’s office and involving detention dealt with by direct order to appear in court, if
referral to an investigating judge is neither compulsory nor necessary.
C.
The police
57.
Developments in the vetting process of the Haitian National Police have been
addressed in previous reports by the Independent Expert. The Independent Expert has stated
on several occasions that it is for the Government to make the final decision and to take
steps, in compliance with Haitian domestic law, to rid the police ranks of any officers who
fail to meet the relevant criteria and standards.
58.
Between the start of the process in 2006 and 12 January 2010, 7,177 case files were
opened, of which 3,584 were sent, together with a set of accompanying recommendations,
to the Haitian National Police General Inspectorate for transmittal to the Supreme Council
of the National Police. It should be noted that, unfortunately, by 12 January, not a single
member of the police force had been certified or had received a new identity card. The
process has been delayed by the earthquake, and 3,593 files on cases under investigation
went missing when it struck. Fortunately, copies had been made and the files were found in
the ruins of the General Inspectorate.
59.
The Independent Expert continues to receive information and allegations, according
to which certain police officers, some of them high-ranking officers, lead a lifestyle that is
not in keeping with their income or are involved in activities that are incompatible with
their role. Doubts therefore arise as to how serious the vetting process is and how much
faith the populace can place in the efforts of MINUSTAH to support the Government of
Haiti in fighting corruption.
60.
The Independent Expert is aware of the difficulty of the task, especially in the
current context, and of the impact that the necessary measures could have on the security
situation. He nonetheless urges the Government of Haiti to implement, with the necessary
discretion and rigour, the recommendations on vetting police officers and removing
undesirable elements from the police force. He also recommends that the Supreme Council
of the National Police meet in order to decide what must be done.
61.
The time has indeed come for the process to begin again, especially as the Security
Council, in resolution 1944 (2010),13 has reiterated the need to carry out the steps set forth
in the national police reform plan. According to various Haitian and international sources,
the vetting process is being hampered by unacceptable political, operational and financial
obstacles that are jeopardizing the chances for success of a process that is fundamental for
re-establishing the rule of law in Haiti. The Independent Expert recommends that the
Special Representative of the Secretary-General in Haiti and the Haitian authorities make
an unequivocal joint statement on continuation of the process and that the necessary human
resources and funding be mobilized to overcome the administrative and financial obstacles
that stand in the way of a successful conclusion of the programme.
62.
In his 2009 and 2010 reports, the Independent Expert drew the attention of the
Human Rights Council to doubts about the extent to which OHCHR can fully play its role
of ensuring that the vetting process is rigorous and that the Supreme Council of the
13
GE.11-12426
“[R]equests MINUSTAH to continue to support vetting, mentoring, training of the police and
corrections personnel and strengthening the institutional and operational capacities of the correctional
services.”
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents