A/HRC/4/3
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remain high priorities, as on-site investigations conducted by the MINUSTAH Human Rights
Section in the eight departments where it has offices, including Port-au-Prince, have shown.
The investigations highlight the following serious shortcomings (see November report):
− The tendency of certain police services to carry out “punitive arrests” rather than call
on the courts to initiate proceedings;
− Frequent irregularities in the police custody register, in which grounds for
prosecution include “thief”, “alleged thief” or simply “investigation”;
− Failure to comply with the 48-hour time limit on remand in custody, causing delays
that can last up to one month or more;
− Detention for offences for which detention is not provided (for example, driving
without a licence) or arrest of an individual in order to exert pressure on a third
person who is the subject of proceedings;
− The illegal practice among certain police officers of “conciliation between parties”
leading to financial transactions that can result in the release of suspects;
− Abuse of authority by police officers who make use of their official status for
personal ends when off duty;
− Persistent and unjustified absenteeism of police officers and members of the
judiciary, without any disciplinary action being taken, despite the fact that such
behaviour is tantamount to abandonment of post;
− The passivity of the police during lynchings which, moreover, are not investigated;
− Failure to comply with the legal time limits within which district judges must transmit
cases, with delays of up to several months in certain instances;
− The release of prisoners by district judges who do not have the legal competence to
do so;
− Delays by too many judges, through negligence or absenteeism, in following up
cases, which increases the number of cases of extended detention;
− Failure by the competent authority to observe the procedure for renewing the
mandates of certain investigating judges, which exposes them to contentious
challenges to their acts of jurisdiction for reasons beyond their control.
17.
One positive point that was highlighted during the oral update presented at the second
session of the Human Rights Council should also be mentioned: certain judges, including some
of those mentioned above, are endeavouring to address the situation of impunity with which they
are faced by courageously assuming their responsibilities, as the significant progress made
during the last session (July-August) of the Port-au-Prince Court of Assizes also shows. The
non-governmental organization (NGO) National Human Rights Defence Network, which
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