14799: Karshan: Feb. 7, 2003 Issue Papers: Justice (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: MKarshan@aol.com

February 7, 2003 Issue Papers:  Justice

JUSTICE

HISTORICAL PERSPECTIVE

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, USAID
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.