A/HRC/4/3
page 13
− Abduction of public figures (members of Parliament, judges, etc.): several public
figures, including a former minister, have been targeted by threats of kidnapping,
attempt kidnappings and kidnappings;
− Taking hostage of public transport users: for example, in December 2006, some
60 passengers of two buses were released (under undisclosed conditions) after the
vehicles had been hijacked and driven to Cité Soleil.
34.
Investigations indicate that a large number of the persons kidnapped in and around the
capital in 2006 said that they were held in Cité Soleil.
II. WHICH STRATEGY - NEGOTIATION OR CRACKDOWN - SHOULD
BE USED TO COMBAT THE IMPUNITY OF THESE SO-CALLED
“NEO-CRIMINALS”?
35.
“Neo-criminals” because, contrary to appearances, the gang phenomenon arose as part
of the instability that had become evident during the last months prior to the departure of
President Aristide and the holding of the 2006 elections. This period was characterized by a
threefold wave of violence: (a) that which followed the “release” (i.e., escape) of almost all
prisoners; (b) that of the leaders of the popular organizations who, having lost their points of
reference, became “free electrons”; and (c) that linked to the emergence of armed groups that
have been called the “eleventh-hour workers” (les ouvriers de la onzième heure), who legitimize
their criminal activities by practically claiming to be “freedom fighters”.
36.
In the light of the above, the elected Government first considered that the situation could
be addressed through negotiations; this provoked strong reactions. The Government’s approach
soon showed its limits when, in December, the wave of kidnappings took a tragic turn. While
still leaving open the possibility for gang members to take part in the disarmament,
demobilization and reintegration programme, the Government modified its strategy to include
the use of targeted repression.
37.
Since 22 December 2006, MINUSTAH and the Haitian National Police have conducted
several joint operations - unquestionably much better coordinated than in the past - which will be
remembered as Operation “Major crimes”. During these operations, several gang leaders
including the leader of the gang allegedly responsible for the murder of two Jordanian
peacekeepers, were killed or arrested. It seems that these operations are beginning to show their
effect, particularly owing to the increasing participation of a segment of the population that is
less and less reluctant to cooperate by indicating the hideouts of gang leaders. Operation “Major
crimes” would be even more effective if it was supported by a special intelligence unit.
38.
However, the controversy surrounding these operations cannot be ignored. While some
consider that the “major crimes” operations are conducted with disproportionate means and
cause civilian casualties, others believe that, since these operations target “micro-guerrillas”,
who are frequently armed with heavy weapons and who blend into the population, the risks for
the civilian population cannot be entirely avoided, even when the proportionality principle is
observed as far as possible.
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