Discussions continue on appointment of a Chief Justice

UNCLAS PORT AU PRINCE 001094

SIPDIS
STATE FOR S, C, WHA/CAR, DRL AND INL
SOUTHCOM ALSO FOR POLAD

E.O. 12958: N/A
TAGS: PGOV PREL PINR PHUM ASEC KCRM AID HA
SUBJECT: Discussions continue on appointment of a Chief Justice


1. (U) Summary: The National Association of Haitian
Magistrates (ANAMAH) has called on President Rene Preval to appoint
a Chief Justice of the Supreme Court, a position that has been
vacant since 2004. Without a Chief Justice, the 2007 legislation
that created an independent judiciary cannot be implemented.
Minister of Justice Paul Denis defended the Executive and responded
that appointment of a Chief Justice is mired in a broader issue -
that of filling several vacancies on the 12-member Supreme Court
and the lack of sufficient nominees from the Senate. Now that
Preval has greater influence in the Senate, we may see movement in
2010 to replace the current ineffective court. End summary.



Judges meet and demand appointment of a Chief Justice




2. (U) The National Association of Haitian Magistrates
(ANAMAH) met on December 17 -18 in Port-au-Prince for its 14th
annual congress, and pressed for the Executive's appointment of a
Chief Justice of the Supreme Court. ANAMAH adopted a resolution
that called upon the Preval government to fill the position in
order to implement the 2007 law that reorganized the Haitian
judicial system and established an independent judiciary. AMANAH
also demanded that the Executive pay all past-due salaries for
judges. ANAMAH members are comprised of judges and justices of the
peace from all levels of the Haiti judicial system.



Appointment of a Chief Justice necessary for judicial reforms
adopted in 2007




3. (U) The action by ANAMAH stems from two years of
inactivity by the Executive in implementing the watershed judicial
reform law, adopted by Parliament in 2007. A key feature of the
legislation was the establishment of an independent judiciary
which, at the present, continues to be governed by the Executive's
Ministry of Justice. With the goal of judicial independence, the
2007 law established the Superior Judicial Council (CSPJ) to govern
and administer the court system and discipline its judges, and a
School of Magistrates to train and certify judges. Under the new
law, both of these entities are to be headed by the Chief Justice
of the Supreme Court, a position that must be filled in order for
the new bodies to be empowered. However, despite consistent
pressure from the magistrates, the U.S. and others, Preval has not
filled the Chief Justice position since it became vacant in
February 2004. (Note: The previous Chief Justice, Boniface
Alexandre, assumed the Haitian presidency in the wake of former
president Aristide's departure in February 2004. End note.)



Minister of Justice Denis defends the Executive




4. (U) In a December 18 meeting with the Senate's Justice
and Security Commission, which has been vocal in pressing for
appointment of a Chief Justice and the creation of the CSPJ,
Minister of Justice Paul Denis defended the Executive and argued
that appointment of a Chief Justice is attended by a combination of
difficulties. He explained that the government must also fill
several other vacancies on the 12-member supreme court, to include
members who have died, are too ill or old to serve, and who were
originally appointed under irregular conditions in the transition
period when parliament did not exist and who have never been
properly ratified by Parliament. (Note: There are presently three
vacancies on the Court. Of the nine remaining members, five judges
were appointed during the transition period and have not been
ratified by Parliament. The Executive has not specified who among
the nine it considers "too ill or old" to serve. End note.) In
addition, Denis explained, before the Executive can fill the
vacancies, the Senate must propose three nominees for each vacancy
to the President. To date, according to Denis, the Senate has
proposed only six names, "which are not enough." As soon as the
Supreme Court is complete and operational, "we will have the CSPJ,"
he said.


5. (U) Senator Youri Latortue, who attended the Justice and
Security Commission meeting and who is the former president of the
Commission, disagreed with Minister Denis' position. Latortue said
that it was the same rationale offered by Denis' predecessor,
Jean-Joseph Exume - namely, that the Chief Justice position must be
filled at the same time as the other Supreme Court vacancies.
Regardless, according to Latortue, the President has the authority
to appoint a Chief Justice and "nothing has been done." Latortue
stated that the lack of a Chief Justice, and therefore the absence
of a functioning CSPJ, prevents the existence of an effective and
independent judicial system.



Comment




6. (SBU) Despite ANAMAH's and the Senate Justice
Commission's calls for appointment of a Chief Justice, Preval seems
determined to move at his own pace. Preval has told us in the past
that he was not happy with the nominees proposed by the Senate
Commission, inferring that some of them were compromised by their
relationship with drug traffickers. With Preval's dominant
influence in the Senate, he may receive the additional nominees
that he requires to fill the other vacancies on the Court, although
Preval recently told the Ambassador that he would not appoint any
new judges until after the new Parliament is seated in May, when he
"hoped" to have a "more sizable" majority.
MERTEN