A/HRC/4/3
page 20
D. Draft reform of the Judicial Training College
71.
In his previous report, the independent expert criticized the draft reform of the
Transitional Government in the following terms: “Unless there is some response within the near
future, in particular from the donors that supported its establishment, the Judicial Training
College [which, it should be noted, is provided for in article 176 of the Constitution] seems
certain to disappear …” (E/CN.4/2006/115, para. 70). The independent expert was therefore
pleased to learn of the “preliminary bill on the Judicial Training College”, which takes into
account most of the criticisms that he, along with many others, had expressed. The main areas of
progress are as follows: (a) status of a public institution with financial autonomy; (b) a board of
administrators composed of representatives of the courts, the Bar and the universities, charged
with setting the general policy of the institution and, in particular, deciding on the curriculum;
(c) confirmation of recruitment by competitive examination, in which only written tests will be
valid for the purpose of admission, in order to avoid favouritism; (d) organization of a final
examination graded according to merit; and (e) recruitment open not only to graduates of the
College but also to outside candidates who have received a favourable opinion from the
Supreme Council of Justice.
72.
As pointed out in the report on the reasons for the draft reform, in 2004 the premises of
the College had been more or less taken over by former soldiers “with total indifference on the
part of the authorities in power at the time and the international community”. This is why the
draft stipulates that “once the bill is adopted, the College will resume its activities on these new
foundations. A new intake of student magistrates will be admitted in 2007”.
73.
At the same time, specific training for registrars and all Haitian judicial personnel will be
instituted.
74.
Although the management has not been appointed, it should be noted that, at present,
since the bill has not yet been adopted, the College has not resumed its activities and does not yet
have a board of administrators. It appears, however, that the first competitive examination will
be held in 2007, as indicated in the Plan of Action of the Minister of Justice (see paras. 59-62
above).
IV. ESSENTIAL AND URGENT REFORM OF THE
OFFICE OF THE OMBUDSMAN
75.
In his previous reports, the independent expert was of the opinion that consideration of
the reform of the Office of the Ombudsman should be given high priority insofar as the Office
should gradually take over the tasks of promoting and protecting human rights currently
entrusted to the MINUSTAH Human Rights Section. Such a transition, which presupposes a
major reform of the Office and its tasks by giving it real status, should be prepared sufficiently in
advance, bearing in mind past experience, such as when the mandate of the International Civilian
Support Mission in Haiti (MICAH) was abruptly terminated without its functions being handed
over to the Haitians.
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