127. The representatives asked that, in addition to the measures indicated by the
Commission, the Court order the State to:
a) Take the necessary measures to improve the situation of the detention centers;
b) Take the necessary measures to improve the training of the Haitian National Police on arrest and
detention standards under domestic and international law, including those established in Articles 5
and 7 of the American Convention, and those for other human rights violations, as well as on the
proportionate use of force;
c)
Adopt, within its justice system, all the necessary reforms to implement its obligations under the
American Convention;
d) Establish and maintain a commitment to the protection of human rights defenders, taking measures
to safeguard the life, liberty and personal security of human rights defenders and their family,
recognizing that human rights defenders provide an essential service to society by preserving the
rule of law;
e) Condemn actions that prevent or interfere, directly or indirectly, in the work of human rights
defenders, and
f)
Condemn the practice of granting impunity to State agents in Haiti, including the perpetrators of
different human rights violations.
128. In their final written arguments, the representatives reiterated their request for
measures of reparation and asked for “additional reparations requested by the victim.”109 In
this regard, the Court indicates that the appropriate procedural opportunity for submitting
requests for reparations is in the pleadings and motions brief, as established in Article 37 of
the Rules of Procedure; consequently, it will not take into account the additional reparations
requested.
a) Measures to train public officials
129. Based on the case file, the Court determined that the violations of Mr. Fleury’s rights
are characterized by acts and omissions, particularly of officials of the Haitian National
Police. The Court therefore establishes that the State must implement, within a reasonable
time and with the respective budgetary provision, a compulsory program or course as part
of the general and ongoing training of all ranks of the Haitian National Police; to include,
inter alia, courses or modules on national and international human rights standards,
particularly on the proportionate use of force by the State’s security forces, the appropriate
treatment of detainees, and the investigation and prosecution of acts that constitute cruel,
inhuman or degrading treatment, and torture.
130. In addition, the Court verified the violation of Mr. Fleury’s rights because he did not
have effective access to justice. Consequently, the Court decides that the State must
implement, within a reasonable time and with the respective budgetary provision, a
compulsory program or course as part of the general and ongoing training of Haitian judicial
officials; to include, inter alia, courses or modules on national and international human
rights standards, and particularly with regard to arrests and detentions, and the
109
(a) The State must take the necessary measures to prevent these violations from being committed again;
(b) the State of Haiti must introduce in its domestic legislation the prohibition and punishment of illegal and
arbitrary arrests, as well as the prohibition of torture and other cruel, inhuman and degrading treatment in order to
protect all Haitians against such practices; (c) it must improve the situation in detention centers throughout the
country; (d) it must provide training to members of the HNP; (e) it must reform the justice system to comply with
its obligations under the American Convention; (f) the State must take measures to protect human rights
defenders, and (g) the State must remove all the obstacles or decisions that impede or obstruct the work of human
rights defenders.
34
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