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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