Judicial

An Independent Judicial System Becomes Operational in Haiti

PORT-AU-PRINCE, Haiti (defend.ht) – The nine (9) members of the Supreme Council of the Judicial Power (CSPJ) were installed into office on Tuesday morning at a ceremony held at the School of Magistrates. In the five years since its establishment, the CSPJ and a judicial system independent to control itself became operational.

It is the result of more than a year of fighting between justice officials and the Presidency of Michel Martelly, this is the opinion of Charles Gervais, former President of the Bar of Port-au-Prince and Durin Duret, President of the National Association of Haitian Magistrates (Anamah). Both say the fight has only just begun.

The CSPJ will be responsible for the management of the judiciary. Before, the management of the judiciary was in the hands of the Minister of Justice a member of the executive. For years judges could be fired and manipulated to rule or not rule on cases determined by the discretion of the president or members of the executive.

The establishment of the CSPJ will promote the consecration of the independence of judicial power. It gives full possession of powers to members of the judiciary and will now be the administrative arm of the judiciary.

Management of the courts, the administration of the judiciary, the appointment and disciplinary control of judges will fall under its authority.

Section 39 of the Act creating the CSPJ requires the Council to be effective upon the swearing in of its members. Therefore, several technical departments will shortly be put in place, one of which will specifically address the judicial inspection, a structure that was previously a single service within the Department of Justice.

In early October jurisdiction and a transfer of powers will take place between the CSPJ, which will absorb those of the Ministry of Justice and Public Safety (MJSP).

In the approaching weeks, President Michel Martelly met with 5 members of the CSPJ. In the opinion of many, he was seeking a majority in the council.

Martelly intends to monitor the Higher Judicial Council. However, he said he trusted the council members. But with the establishment of the CSPJ there is not much the presidency can do but monitor.

According to Charles Gervais, it would be a clumsy attempt on the part of the presidency to want to control the CSPJ. Gervais wished that the counselors would work conscientiously in the interests of the country.