FAILURE OF REFORM
Before it starts, judicial reform is already in the wall. It does not really take into account what must be, preferring rather superficial and cosmetic improvements. It goes in line with the conservatism of Haiti whose motto is "mostly no change in depth." It is once again the inadequacy of the spirit land close to our leaders to modernity that has highlighted. The same methods, the same habits, the same collusion are there. Haitian law is just as archaic as feudal. Yet, a profound change was needed there and real and undeniable.
To reform, we must identify the objective and the means to get there. But to identify the target, it is still necessary to ask the right questions. That is two and half years that the reform process is initiated at the Haitian justice and no major changes, no apparent impact has been felt by this passage. Today we witnessing the bitter failure of a reform which, until now, does not materialize on the ground. The ills of our judicial system are so numerous that even electromagnetic ray is not sufficient to remedy the situation.
reform, not only to provide the heads of courts and vehicle operating costs, we must also think of police officers and magistrates who mainly represent the driving force and core of the criminal justice system. It should be understood that the Dean and the Commissioner of the Government are in no way involved in the investigation actual criminal. The reform is not to grant some judges close to the power of small benefits, it's not just the salary adjustment is to have a justice system that responds quickly and effectively to the wishes of individuals . Reform requires a redefinition of the role of hardwood, a better means of justice, the professionalization and specialization of magistrates, risk premiums, benefits for judges and strengthening the continuity of public service justice.
With the creation of the School of Magistrates, we should review the current method of appointment Magistrates and dedicate their tenure effective in every sense of the word. Judicial reform should take into account the revision of our code of laws, simplifying the procedure for divorce by mutual consent by removing the mandatory hearing before the judge when there is no dependent child. The reform should promote collegiality of Judges in particular cases and think the decriminalization (except in cases of insolvency or recurrence) of certain offenses such as: litigation of intellectual property and defamation. The reform should also remove the presence of the Ministry Public civil trial and simplify procedures by developing alternative settlements. Conciliation and mediation should also be strengthened. A participatory process of negotiation assisted by a lawyer would be created and given by the lawyer to his client. If unsuccessful, the case would be forwarded to a court. Finally, the reform should advocate in the criminal trial of simplified procedures to plead guilty (appearance on Plea without any indictment) and propose strengthening the competence of judges. The Executive
shows no willingness to improve justice or to improve its effectiveness and visibility. He had to think about building real courthouse where citizens find the conciliation, mediation, civil and criminal legal advice for free, one-stop registry and a computer network connected to Internet for Magistrates. Floundering and flapping in the water does not mean we are trying to swim. In other words, there is a difference between activate and accomplish something worthwhile. It is obvious that people belonging to the Commission for the Reform of Law and Justice (CRDJ) have no new vision ... just like the government that appointed them elsewhere. And as proof, the so-called reform has finally given birth to a mouse. Believe us, it will be questioned shortly to deadlock. And to avoid that ... discussions are open. Otherwise, it will therefore be with for a long time ... for better and mostly for worse.
Heidi FORTUNE
Magistrate, Magistrate
Cap-Haitien, Haiti, May 15, 2010 This
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