A
long history of undemocratic government, including the thirty-year Duvalier
dictatorship from1957–1986, and capped by eight years of turmoil and repression,
have left a system unaccustomed to applying the rule of law and unprepared
to manage its caseload efficiently. The troubled system that took centuries to install cannot be overhauled
in a few years. Some changes
will be generational, as police, judicial officials and lawyers educated
in democratic principles gradually replace those vested in the old ways. Others
will require massive investments in training and material support, and improvements
in management structures, which require financial resources, presently unavailable.
The Haitian justice system's largest challenge is dealing with
the rising caseload. The caseload
has outpaced the system's improving capacities since 1995, due to an exploding
urban population, increased police efficiency, and an increase in citizens
resorting to formal justice (a sign of increased citizen confidence in the
system). The result is an unacceptably
high rate of pre-trial detention (about 80% of prisoners), and a clogged
civil docket. The justice system
needs to increase the pace of improvements, especially in human resources.
The most visible challenges to
the justice system are high profile assassinations, especially the cases
of businessman Antoine Izmery, Minister of Justice Guy Malary, activist
Claudy Musseau and Father Jean-Marie Vincent during the coup, and more recently
the killing of popular journalist and pro-democracy activist Jean Leopold
Dominique on April 3, 2000. Notably,
in the Dominique case, dozens of witnesses and suspects have been interviewed,
and six suspects are in prison.
Quick
Fixes Do not Work
Critical
questions were raised in a 60 Minutes broadcast concerning a U.S.
justice program in Haiti underscoring the need for an integrated and participatory
judicial reform initiative. Between
1995 and 1996, US AID funded a justice project administered by CHECCHI &
Co. Some aspects of the project, including providing basic legal materials
for Haitian courtrooms and support to prosecutors, had a positive impact
on justice in Haiti. Much of
the program, however, was administered poorly, and had either a negative
impact or simply wasted U.S. taxpayer dollars without providing any benefit
to Haiti. The CHECCHI program's top manager in Haiti had been convicted
and imprisoned for defrauding the U.S. government, and had neither the minimum
years of law practice required for the position, nor significant experience
administering such a program. The
60 Minutes program graphically illustrated the shortcomings of the
CHECCHI project, by comparing its proclaimed successes: courthouse caseload
management, prison population reduction, etc., with footage of the reality
in Haitian courtrooms and prisons. The
message was clear that millions of dollars had been squandered instead of
really benefiting Haitian justice. The failure of the CHECCHI
program demonstrates the need for long term systemic reform measures to
the justice system. Quick fixes
don’t work.
Justice
Initiatives and Major Cases
Despite
the many obstacles that plague the justice system, it is expanding. On
September 13, 2002, twenty-nine new judges were
assigned to posts throughout the country immediately upon graduating
from the 3rd promotion of the School of Magistrates after 13 months of intensive
training. The
system is also moving forward on some major criminal investigations. Some
examples are:
· Jean
Dominique/Jean Claude Louissant: The
Port-au-Prince prosecutor submitted his assent to the indictment to the
office of the investigating magistrate. As
per the usual investigative process, names of the indicted are not yet public. He
now awaits the investigating judge’s ruling of closure in order to
move forward with the prosecution of the case. Five
suspects remain in prison pending trial.
Dozens of witnesses have been questioned.
· Raboteau: Successful
trial and conviction of several of the leaders of the coup in this massacre
in the days before the return of democracy in 1994. Appeal
has been heard and is pending. Execution
of the civil judgment awaits the decision on appeal.
Two members of the high command convicted in the case were deported
from the U.S. in January.
·
Carrefour-Feuilles: Successful
trial and conviction of police officers who killed civilians.
·
December
17, 2001: Dozens of witnesses
and suspects questioned. Reparations
paid to all opposition political parties. Criminal investigation
is ongoing.
·
Brignol Lindor: The investigating
judge has investigated the case and already issued an indictment, which
has been appealed. Appeal is
pending.
· Piatre
Massacre: Over 60 warrants have
been issued. Four suspects in custody
including Prosper Avril, the ex-President accused of masterminding the massacre.
