International

Haiti: "Population needs to see that the Rule of Law prevails," says Forst

PORT-AU-PRINCE, Haiti (defend.ht) – Ending his tenth mission to Haiti, the Independent Expert on the situation of human rights in Haiti for the United Nations provided a few statements in line with the report that will be presented and discussed at the Human Rights Council in Geneva in June.

”During my last visit I received important and promising commitments from President Martelly, namely the implementation of the Rule of Law. Most of these promises were kept and major announcements are now a reality.”

In a press release from the United Nations, received by DH, Michel Forst highlighted the appointment of the President of the Court of Cassation (court of appeals/supreme court).

In January, a Vice-President of the Court of Cassation had also been appointed but several seats on Haiti’s court of appeals remain empty.

Forst, in the press note, mentioned the announcement by Minister of Justice Michel Brunache to have the Supreme Council of the Judicial Power established by the end of the month of February. The establishment of the CSPJ would require the completion of court of appeals, both positive signs towards implementing the rule of law.

Michel Forst also highlighted the January 2012 ruling of Judge Ezekiel Vaval who sentenced more than seven police officers involved in the killing of two dozen prisoners in Les Cayes after the earthquake of 2010. The Haitian legislature’s ratification, earlier this month, of the International Covenant on Economic, Social and Cultural Rights also were lauded as new realities in Haiti.

But serious challenges remain as it pertains to President Michel Martelly’s promise to make the Rule of Law his priority. In this respect, the UN independent expert said ”...the implementation of the rule of law requires a sound political action to implement the technical decisions…” In this regard, Forst says ”the population needs to see that the Rule of Law prevails in Haiti.”

Forst’s press note spoke of pre-longed pre-trial detention and the conditions of the jails, capable of being considered cruel, inhuman and degrading under the UN Convention against Torture. The note spoke of the situation in the tent camps and the deep disappointment concerning the treatment and case of the former President-for-Life, Jean-Claude Duvalier.

Haitian Judge Carves Jean ruled in late January that Duvalier would only be tried for corruption and not the human rights violations that many of his victims have brought up to the Haitian courts during the administration of Michel Martelly, but were ignored. Forst said about the case, ”my first thoughts go to the victims and their families, and I support their decision to appeal the judge’s decision in order to proceed with the case.”

Forst will make recommendations in his report to see that an Inter-Ministerial Delegate for Rule of Law be appointed to ensure the coordinate between different departments of the government. He will recommend a comprehensive urban planning strategy that can go beyond the 16/6 project of the Martelly administration. He also recommended a concerted effort to prepare a National Human Rights Action Plan to be presented before the UN Council for Human Rights in Geneva this June.