报告最后得出的结论十分尖锐：谋杀、包括一人随后被斩首，砍刀袭击、放火烧毁住房和屠宰牲蓄。
The report's findings are particularly harsh: murders, including one followed by beheading, machete attacks, homes set on fire and cattle slaughtered.
300多人不得不逃离家园，以躲避迫害和报复。
More than 300 persons have had to flee to escape persecution and reprisals.
任何打击有罪不罚现象的法律运动都应当优先处理这类案件，而法院在这方面的工作却时常陷入停顿状态。
Any legal campaign to combat impunity should give priority to such cases, which all too often have become bogged down in the courts.
D. 监察员在打击有罪不罚现象中的作用
The role that the Ombudsman should play in combating impunity
82. 面对这种情况，监察员虽然不太为人知，但理应发挥至关重要的作用，但是他却缺乏可信度，首先是因为他没有对大多数严重侵犯人权案件积极干预，其次因为他的任命本身就存在着许多疑点。
Faced with this situation, the Ombudsman, who is not well known, should have played a vital role, but he suffers from a lack of credibility, firstly because he has not intervened actively in most cases of serious human rights violations, and secondly because of the questionable conditions surrounding his appointment.
关于任命他的决定没有获得两个议会议长的明确批准，而且，根据《宪法》第207.1条，必须由两个议会和共和国总统的协商一致意见选定，经过选举当选。
The decision to appoint him did not obtain the express approval of the presidents of each of the two chambers, although pursuant to article 207.1 of the Constitution, he must be chosen by consensus of the two and the President of the Republic.
尽管有这样的说法，监察员也只是在与国家最高权力机构领导人一起时才公开露面，但这并不能消除人们的疑问。
Notwithstanding what some have asserted, the fact that the Ombudsman merely appears in public in the company of the highest authorities of State cannot compensate for this defect.
在一个法治国家里，是不用假定的方式来核实合法性，它必须建立在遵守成文规则的基础之上。
In a state based on the rule of law, control of legality cannot be assumed, but must be based on compliance with written rules.
83. 为了提高监察员办公室的工作效力，现在迫切需要填补副监察员这一职位，该职位完全是根据《宪法》第207.3条而设置，最初的任务是协助监察员工作。
In order to enhance the effectiveness of the Office of the Ombudsman, it is urgently necessary to fill the post of deputy Ombudsman, the establishment of which is based solely on article 207.3 of the Constitution, the post having initially been set up to assist the Ombudsman.
该职位现无人出任，应当尽快由在人权领域中公认的有道德威望的人来担任该职，负责培训和调查事宜，监察员则负责协调与当局的关系和办公室派代表出席国际活动等事务。
As the post is currently vacant, it should be filled as soon as possible by someone with recognized moral authority in the field of human rights, who would be responsible for training and inquiries, while the Ombudsman would be in charge of relations with the authorities and the representation of the Office at international events.
E. 发展法医学协助打击有罪不罚现象
E.
Developing forensic medicine to help combat impunity
84. 如独立专家在前两次报告中所强调的，从某种意义上说，缺乏科学证据会纵容有罪不罚现象，因此，一国的暴力现象越严重，法医学在司法中所发挥的作用就越重要(见E/CN.4/2004/108, 第89至92段)。
As the independent expert has stressed in both previous reports, the more a country is faced with violence, the more essential the role of forensic medicine is in the administration of justice, because a lack of scientific evidence in a sense encourages impunity (see E/CN.4/2004/108, paras. 89 to 92).
他的结论是，尽管连续几任司法部长和卫生部长重申政府的承诺，但局势几乎并无任何变化。
He concludes that, despite the commitments reiterated by successive ministers of justice and health, the situation remains virtually unchanged.
法医学研究和行动股正在开展提高有关法医学认识的有益工作，不过，2002年12月成立的法医学校，利用率始终很低。
The Institute of Forensic Medicine (IML), opened in December 2002, is as little used as ever, notwithstanding the useful awareness-raising work being done by the Forensic Medicine Research and Action Unit (URAMEL).
该非政府组织，由医生、法官和律师组成，举办了几期提高认识学习班，并草拟了律师和医生必须遵守的许多程序性手续(必要条件等)所用范本。
This NGO, which is composed of doctors, judges and lawyers, organizes awareness-raising sessions and has drawn up model forms to be used for the many procedural formalities (requisitions etc.) that both lawyers and doctors must comply with.
使这些文件生效的通知函虽已拟具两年之久，现仍有待签字批准。
The circular letter validating these documents, which has been ready for more than two years, is still waiting to be signed.
85. 对于给予法医学校自治地位的决定来说，情况同样如此。
The same is true for the decision granting the IML autonomous status by providing it with an administrative board composed of one representative from each of the relevant ministries (justice and health) and chaired by the senior member of the faculty of medicine of the university of Haiti, as well as a managing director for the daily administration of the two services (thanatology and medicine for the living), who is responsible for assisting a team of trained forensic doctors.
根据该决定，法医学校应当设立一个管理委员会，有关各部(司法和卫生)各派一名代表参加，主席由海地大学医学院资深成员担任，并有一名主管两个部门(死亡学和生者医学)的日常行政工作的常务董事，负责协助合格法医工作组开展工作。
The same is true for the decision granting the IML autonomous status by providing it with an administrative board composed of one representative from each of the relevant ministries (justice and health) and chaired by the senior member of the faculty of medicine of the university of Haiti, as well as a managing director for the daily administration of the two services (thanatology and medicine for the living), who is responsible for assisting a team of trained forensic doctors.
86. 独立专家只能重申其以前提出的建议，并坚持认为应当消除最后的障碍，使法医学校能够为当局的工作作出有效的、不可缺少的贡献，在这方面，当局已表明其有意愿坚决打击有罪不罚现象。
The independent expert can only reiterate his previous recommendations and insist that the final obstacles should be removed so that the IML can make an effective, indispensable contribution to the authorities, who have expressed their willingness to combat impunity with determination.
F. 打击腐败行为和洗钱活动
F.
Combating corruption and money laundering
87. 为表明其已准备有效地对付正在腐蚀国家的腐败行为，政府设立了两个专门机构：
To show that it is ready to deal effectively with the corruption that is undermining the country, the Government has set up two specialized bodies:
特设委员会，目的是查明针对拉瓦拉斯行政当局(2001年至2004年)提出的指控。
(a) An ad hoc committee to shed light on the accusations of misappropriation levelled against the Lavalas administration (from 2001 to 2004).
一些让·贝尔特朗·阿里斯蒂德的支持者批评这个委员会办事不公，因为主持工作的是在阿里斯蒂德统治时期的反对派前参议员Paul Denis, 以及它取代了审计员和行政争端高等法院。
Some of Jean-Bertrand Aristide's supporters have criticized this committee for not being impartial, since it is chaired by Paul Denis, a former Senator in the opposition under Aristide, and for substituting itself for the High Court of Auditors and Administrative Disputes.
第一点还有点根据，第二点则没有多少可信性，因为说这番话的人原先已批评法院不行动，法院法官可以不被免职(《宪法》第201条)，以及当时法院根本没有采取主动行动来打击这一形式有罪不罚现象。
Whereas there is something to be said for the first point, the second is hardly credible, coming as it does from those who should have voiced criticism earlier of the inaction of the Court, whose members may not be removed (article 201 of the Constitution) and which at the time had not taken the slightest initiative to combat this form of impunity.