The U.S. assistance led to some improvements in the administrative
capabilities of the judicial sector, the training of magistrates and
prosecutors, and the access of the population to justice. For instance,
according to a 1998 evaluation of the activities conducted by one of the
major USAID contractors involved in the assistance program, these
activities (1) helped improve some of the administrative capabilities, such
as case registration systems, in 83 of the more than 180 justice of the peace
courts; (2) supported legal advisors for these and other judicial institutions;
and (3) helped provide free legal assistance to the population. For example,
this major USAID contractor, through several subcontractors, provided
free legal assistance to a large number of people on criminal and civil
matters.
Also, the Office of Overseas Prosecutorial Development, Assistance and
Training helped develop case tracking systems in prosecutor offices in
10 of the 15 judicial jurisdictions throughout Haiti. The office also provided
short term training to large numbers of judicial officials and helped
establish and operate the magistrate school, where new magistrates
receive long term training to improve their legal skills and knowledge of
courtroom operation. For instance, from July 1995 through October 1996,
the office provided emergency short term training to 360 judges. The office
also helped develop long term training for new magistrates in the
magistrate school. Currently, 60 magistrates have graduated from the
school, and 40 students at the school are completing their internships in
different judicial institutions and plan to graduate in October 2000.
Serious Deficiencies
Despite U.S. assistance, the Haitian judicial sector continues to exhibit
Remain in the Judicial
major shortcomings. It lacks independence from the executive branch and
Sector
has outdated legal codes and cumbersome judicial proceedings. Also, it has
inadequate infrastructure and shortages of personnel and equipment and
has limited investigative capabilities. Furthermore, it suffers from
corruption and an ineffective internal oversight capability, and it serves
only a small portion of the population. Finally, the judicial sector has not
undergone a major reform effort.
Despite the constitutional mandate for an independent judicial sector, the
executive branch, through the Ministry of Justice, continues to control the
judicial sector, including the judicial budget and judicial appointments,
training, evaluation, and removal. The lack of independence compromises
the impartiality of the judicial sector, according to U.S. and Haitian
officials. Because the Haitian government has not vigorously supported
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GAO 01 24 Foreign Assistance
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