JUSTICE TRUTH
The judicial year ending portends a bleak future for the judiciary is at a decisive turn in its history. Without urgent and courageous, all the efforts already made are in vain and no future. The legal and judicial security is the cornerstone of the rule of law and an economy capable of real prospect for growth. She is sorely lacking in Haiti. To establish, it is incumbent upon the government to implement more quickly, without hassle or convenience, the laws of reform, one of whose objectives is to ensure that judges of Living and Working Conditions which guarantee freedom of conscience and exercise their duties independently.
Prerequisites for sustainable improvement of a good distribution of justice are far from being completely filled. In fact, foundations have just been asked, on land not yet cleared. The application of the prerogatives and installation of structures from reform laws are not yet effective. Six months have passed since their ratification by Parliament and publication in the Official Gazette of the Republic by the Head of State. All this eloquently demonstrates that justice is not a priority for key decision makers of the nation. But, fortunately, we will not give in to discouragement. The risks and sacrifices we have made have proved beneficial. They allow us to today, more than ever, look to the future with confidence, and ourselves, have confidence again.
It is time for judicial reform continues to be a project to become a reality. It is time to end the irony that today in this country wants the criminal, because the rich or politically well connected, wait for a verdict favorable than the victim, helpless, little known or no possibility of influence peddling. It is time that the Deans and the Commissioners of the government, tempted by the lure of easy money, stop releasing drug traffickers against whom the evidence of guilt is conclusive and loads more damning. It is time that citizens are assured that before the judge, only have the facts and law, and no political color or social status. It is time once again become righteous judgments. It is time that the Directorate General of National Police and the Secretariat of State for Public Security cease to castigate justice while many police officers, mostly heads of investigation are closely related to pockets of kidnapping or head straight in peace. The police mission is to protect and serve the people and not to associate with kidnappers, the criminals, bandits who spread terror and death in the Haitian families.
In denouncing these facts, we do justice to the truth. It's easy to criticize judges when records are deliberately tampered with or that the police investigations, advance, are sloppy or biased. We do not do the devil's advocate, knowing what he is capable, and what the line should be drawn quickly. As in all bodies, found in the Haitian judiciary, good seed and bad weeds. It is not acceptable that it will tarnish the image of an entire corporation. In any case, impunity, immorality and corruption should be tolerated. Those who use the court for commercial ends must be severely punished, and in this regard, we support the revision criminal law to make it more deterrent, particularly by higher penalties when the defendant is a servant of the state. Without clear moral benchmarks, progress is not possible.
It's time for us to blame also the Executive and Legislative branches. The first, not to establish social peace, and particularly, solve the problem of high cost of living. The second, for his unproductive legislative, showed that in Haiti's parliamentary system has no value. These so-called elected representatives have provided the country with no legal instrument necessary to governance consistent with the aspirations of their constituents. Many reforms are still needed for our legal and functioning of state institutions devoid of organic laws.
The day will come when the independence of justice, wanted by the grantor and we call all our vows, will be a reality. We know there are skeptics and naysayers who argue that in this country the change is not possible. They are wrong a lot! Some had doubted that there was an honest judge in Haiti. Today, history has demonstrated that they had charged wrong. And we will continue to prove they are wrong again. Justice has neither political nor social background color. It is neither left nor right, neither the power nor the opposition. The struggle to achieve credibility, can not therefore accommodate camps or clans. With the commitment of each judge and honest with the Lord's help, slowly but surely, reality will catch up with the dream.
Heidi FORTUNE
Magistrate, Magistrate
Cap-Haitien, Haiti
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June 28, 2008 Read more ... 
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