A/HRC/11/5
that the reforms are stagnating and falling behind, partly owing to the absence of a
decision on one key element.
17. The independent expert wishes to point out that the keystone of the reform of
the judicial system in Haiti is the appointment of the President of the Court of
Cassation. This appointment has been outstanding for five years and the
independent expert has recommended to President René Préval that it be made
without further delay. 2 Apart from the political implications relating to the functions
of the President of the Court of Cassation, this appointment would make it possible,
as has been pointed out by the independent expert on several occasions, to overcome
the deadlock on a number of situations, thereby encouraging the reform process,
such as the functioning of the Supreme Council of the Judiciary (CSPJ) and the
appointment of the director-general of the Judicial Training College.
18. The Supreme Council of the Judiciary is still not operating despite urgent
calls. All its members have been elected, with the notable exception of its President,
since he is also President of the Court of Cassation. All members have been vetted
but not yet certified pending the report to be produced by the certification
committee of the Ministry of Justice and Public Safety. Without prejudging the
contents of that report, the establishment of the Supreme Council remains
impossible until, inter alia, a definite appointment to the post of President of the
Court of Cassation is made. This stumbling block, which could be lawfully
circumvented by entrusting temporary responsibility for the presidency of the
Supreme Council to the current acting president of the Court of Cassation,
considerably hampers the process of installation and operation of the Supreme
Council, whose role is paramount. This situation makes any attempts to improve the
functioning of the judicial system very uncertain, given that, since the law on the
Supreme Council was passed, it has not been possible to undertake the process of
vetting judges and no further disciplinary procedures have been properly conducted,
whereas many members of the judiciary have been dismissed by the executive, often
in a totally non-transparent manner.
19. Also, the Supreme Council should be provided with a budget and human and
material resources that will enable the institution to operate and play a specific and
key role in the process of recruiting and vetting Haitian judges.
20. Judicial inspectorate: The Minister of Justice and Public Safety has announced
his firm intention to strengthen the monitoring of the effectiveness of the judiciary’s
work through the judicial inspectorate. The aim is to oversee the operation of the
courts, registries and prosecution services, including the figures, whether
communicated or otherwise, in connection with defining quantifiable targets
(number of inspections, purpose of inspections, etc.) and analysing performance.
One important issue on which there does not appear to have been a conclusion
relates to the profile of judicial service inspectors. The independent expert
recommends that the inspectorate be headed by judges seconded for a limited period
and not by officials of the Ministry of Justice and Public Safety. He also wishes to
draw the Minister’s attention to the difficulties relating to the fact that, under the
law on the Supreme Council of the Judiciary, the latter is entrusted with
responsibility for the judicial inspection service in regard to judges, while registrars
__________________
2
At a meeting in Geneva, Kély C. Bastien, the President of the Senate stated that the invitation
for candidatures for the post had been launched.
7
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