Haiti The problem of establishing the Higher Council of Judiciary (CSPJ)

The problem of establishing the Higher Council of Judiciary (CSPJ) and its involvement in the Haitian judicial system has been central to discussions at the Fourth Congress of the National Association of Haitian Magistrates (ANAMAH) held on 17 and December 18, 2009 at Hotel Le Plaza. This was also the occasion to renew the new office at the head of the association.


Discussions during the two days of the fourth congress of the National Association of Haitian Magistrates (ANAMAH) took place on the need to install the Superior Council of Judiciary (CSPJ) created by a law published in the Official Journal of the Republic, The Monitor, December 27, 2007. Different panelists who spoke on the issue have recognized that the creation of CSPJ is "absolutely necessary" for the course of justice in Haiti. They said the lack of political will of the Executive to appoint the President of the Court of Cassation is the main obstacle to establishing the highest court in the country.

"The political implications are too heavy so the executive does everything possible to prevent the creation of CSPJ," fumed Mr. Léon Saint-Louis. This, he says, explains why many previous attempts have failed.

All the panelists who spoke during the two days are in the refusal of the Executive to appoint the President of the Court of Cassation an obstacle to the process of establishing CSPJ.

"The Executive has, inter alia, the constitutional responsibility to enforce the laws of the Republic has chosen not to enforce a law under the Constitution which requires the amendment, however, said the barrister of the Bar, Mr. Gervais Charles, adding that the law establishing the highest court in the country has yet been adopted since 2007. The installation of CSPJ for which judges are fighting not only in the interest of the judiciary, says Mr. Charles, this concerns the whole community.
On "The Judiciary in the future movement of the creation of CSPJ" This Fourth Congress, says past president of the ANAMAH, Me Durin Duret Jr, reflects the determination of the judiciary to consider reports that must exist between this and the CSPJ association is an institution of organization, control, discipline and deliberation and whose mission is to ensure the careers of judges and punish when necessary.

The judiciary, a power dependent

The judges of courts of different countries who took part in the congress denounced the stranglehold of the executive over the judiciary and the fact that the Minister of Justice, in their opinion, behaves as the head of the judiciary. "If justice is under the Ministry of Justice for its operation, this dependency is spreading also in terms of judges, at times, are influenced by the government in making their decision," denounced Me St. Louis. He said only the creation of CSPJ can free the judiciary from the clutches of the Executive. "The creation of CSPJ, institution that will break with the past practices of the executive, is" an absolute necessity, "he said.

Mr. Vandal, meanwhile, argued the same meaning to say that the creation of this institution is an "appropriate response to the need for independence of the judiciary, also denouncing the interference of the Executive and the Legislature in exclusive affairs of the judiciary. However, Mr. Patrick Pierre-Louis noted that the CSPJ is a tool, a means but not an end in regard to independence per se of the judiciary.

For her part, Ms. Danielle Saada, head of the Justice Section of MINUSTAH, said that the complexity of the task of judges and lack of resources are the main obstacles in performing their work. She took the opportunity to reiterate the need to strengthen the judicial system to make it more effective.

Ultimatum to the Executive ...

After this congress, a resolution issuing ultimatum to the Executive for the implementation of the law establishing the CSPJ was adopted by a majority of judges present. However, the text still needs to be revamped will be sent shortly to the Executive which say they hope a wise decision. They also threatened to cease all activities across all jurisdictions in the country to force the executive to "take its responsibilities towards the nation."