A/HRC/11/5
and prosecutors will remain under the authority of the minister. Also, government
commissioners and senior law officers should be firmly reminded of the need for
regular, ongoing and effective supervision of the activities of the courts and
judiciary in order to ensure proper functioning and thus safeguard the rights of
persons before the law. Such supervision should be carried out by the senior law
officer on investigating magistrates and by the government commissioner on deputy
prosecutors and district judges.
21. Judicial Training College: The opening of the Judicial Training College
(EMA) has taken place and Lionel Bourgoin was appointed director but not granted
the title of director-general or the related prerogatives, 3 as provided for in the Law
of 20 December 2007. Under article 14 of that Law, the director-general is
appointed by the President of the Republic by order of the Council of Ministers on
the proposal of the Supreme Council of the Judiciary, being also president of the
Administrative Board of the College. However, since the President of the Court of
Cassation has not been appointed, neither the Supreme Council nor the College’s
Administrative Board has a president, which means that the director-general of the
College cannot be appointed!
22. Also, the 2009 draft budget submitted by the Government (and rejected by
Parliament at the time of drafting of the present report) simply discontinued all
budgetary allocations to the institution. That situation, if ratified in the new draft
budget, would make it impossible to go ahead with the announced recruitment and
training of new judges on the basis of a competitive examination.
23. The work of finalizing the renovation of the College premises, which had been
interrupted for over four months through lack of resources, has resumed and should
be completed thanks to assistance under the justice sector support programme of the
Organisation Internationale de la Francophonie (OIF) and allow the commencement
of programmes, including in-service training for district judges. The aim of the
College director is to resume continuous training for district judges, which was
started last year (72 district judges have been trained and assessed to date), with
those in the metropolitan zone.
24. The independent expert wishes to point out, however, that the primary
objective of the College should be the implementation of the programme of initial
training for judges, which is for the time being dependent on the appointment of the
Administrative Board and director-general of the College.
25. A justice reform commission composed of 20 human rights specialists, who
have no connection with the Government and receive technical assistance from
MINUSTAH, has been set up by President René Préval. In the view of the
independent expert, this commission is a key element in the success of the judicial
reform since it represents an important tool in fostering the ownership of the process
by the people. The commission should now focus on being able to support the
reform process, in particular by taking steps to ensure that the citizens of Haiti feel
fully represented and regularly informed by this follow-up mechanism.
26. Combating corruption: In the course of his mission in November 2008, the
independent expert obtained much evidence that corruption, a scourge of Haitian
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At the time of drafting of the present report, the director’s position had not been regularized by
an official appointment established by order published in the Moniteur haïtien.
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