A/HRC/20/35
20.
Indeed, apart from his own ex officio powers, the President of the Court of
Cassation is the keystone of justice system reform. He presides over the High Council of
the Judiciary and can therefore initiate the programme for the certification and recruitment
of judges. He also presides over the Governing Board of the Legal Service Training
College.
21.
The Independent Expert welcomes the decision made by President Martelly to
appoint the President of the Court of Cassation in October 2011, which he supplemented
with the appointment of four judges in February 2012. The 11 judges have held their first
general assembly, formed the two section chambers and joint chambers, decided on their
working days and elected a representative to the High Council of the Judiciary. During his
first meeting with the President of the Court, the Independent Expert was able to see the
seriousness and determination with which the judges were playing their part in restoring
credibility to the Haitian Judiciary.
High Council of the Judiciary
22.
At the time of writing, the Minister of Justice and Public Security had announced the
end of the certification process for the members of the High Council of the Judiciary,
opening the way for this new entity to be established and begin operation as an
administrative body for oversight, discipline and decision-making in the judicial branch. As
part of the process to establish the members of the High Council of the Judiciary in their
posts and to ensure its operation, the Ministry of Justice and the Court of Cassation have
also established three technical committees to work on ways of transferring knowledge, the
budget and the headquarters to the High Council of the Judiciary.
23.
The Independent Expert has welcomed this news, and remains hopeful that the High
Council of the Judiciary will be operational by the time this report is presented, and that,
regarding funding for reconstruction work in particular, it will have competent staff and the
funding required for it to operate with absolute independence, and to recruit judges without
interference from the executive branch.
24.
The Legal Service Training College held its first competitive examination to recruit
candidates for initial training as judges, with strong support from the international
community. Some 20 judges were recruited by competitive examination to the Legal
Service Training College and were trained in France, where they received theoretical
training and completed placements at various courts before receiving their diplomas and
returning to Haiti. At the time of writing, these 20 young judges had not yet been appointed
to courts.
25.
The Legal Service Training College also aims to have a body of permanent teaching
staff trained in pedagogy. For the first time, six judges were recruited to receive training in
France on developing teaching sequences and directing study programmes, which will
make it possible for a new training for trainers programme to be introduced in Haiti.
26.
As part of a renovation project financed by MINUSTAH, the library of the Legal
Service Training College has been transformed into a modern documentation centre. The
building now not only houses the library, but also a lecture hall, a computer room, three
administrative offices, an archive room and a functions room that can receive around 100
persons and service as a conference facility.
GE.12-13208
7
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