A/HRC/22/65 B. The justice system 22. Reform of the justice system. Reform of the justice system has been a central theme of the independent expert’s reports for many years. During his most recent mission, the independent expert reviewed the action taken to follow up on the recommendations on this matter contained in his previous reports. 23. Since the adoption of the three-year justice reform plan outlined in the National Growth and Poverty Reduction Strategy Paper and of the three laws on judicial independence that were passed in December 2007, real progress has been achieved, as detailed in successive reports by the independent expert. 24. President Martelly has made the goal of strengthening the rule of law one of his priorities. The independent expert publicly welcomed the President’s decision to put an end to an eight-year institutional vacuum by appointing Judge Jean Anel Alexis Joseph as President of the Court of Cassation on 5 October 2011 and at the same time appointing the Judge and the Government Commissioner of the Court. On 3 July 2012, five years after the promulgation of the law providing for its establishment, the High Council of the Judiciary was finally established by the Government, and judicial power was thus separated from executive power for the first time ever. 25. The independent expert recalls that this was a cornerstone of reform of the Haitian justice system and a key to restoring conditions conducive to sustainable development in Haiti. Indeed, the President of the Court of Cassation presides over both the High Council of the Judiciary and the Governing Board of the Legal Service Training College. Two weeks after being appointed, however, two members of the High Council of the Judiciary resigned, thereby jeopardizing the reform’s chances of success. 26. During his meetings with the Haitian authorities, the independent expert again drew attention to the high hopes that the Haitian population places in progressive reform of the justice system. He recalls the importance of beginning the process upstream by providing the High Council of the Judiciary with a budget and with human and material resources that will enable it to function properly and to play its crucial role in the recruitment and certification of Haitian judges. 27. The justice system is still broadly dysfunctional and its main weaknesses are amply documented in numerous reports by experts and civil society organizations. While the figures show that genuine progress has been made in the lower courts and the appeal or habeas corpus courts, there is still a long way to go before the justice system is working as it should be. 28. Corruption, excessively long procedures, prevarication, misuse of procedures provided for under the Penal Code and the Criminal Code and ignorance of alternatives to custodial penalties: the ills are well known, as are the remedies. The independent expert can only recall the many recommendations set forth in his previous reports on this subject and ask that they be put into effect. 29. During his recent visits, the independent expert has been struck by reports from judges who deal with serious crimes that they fear being subjected to reprisals by defendants in the cases before them. Several judges reported that they were unable to dispense justice calmly, because of explicit threats made against them or their families. The independent expert recommends that judges, magistrates and witnesses in serious crime cases be afforded special protection. 30. Regrettably, the practice of appointing or removing judges to advance partisan or political ends, which observers and civil society have denounced on a regular basis, 6 GE.13-10672