investigations and prosecutions of major crimes, including drug trafficking,
major killings, and political violence, these investigations and prosecutions
have moved slowly and produced very limited results, according to U.S.
officials.
The judicial system is characterized by outdated legal codes and
cumbersome, slow, and inflexible judicial proceedings, according to U.S.,
Haitian, and other donor officials. As a result, in criminal cases, many
people are put behind bars in preventive detention
7
; some judicial
institutions, such as investigating magistrates' offices, have large case
backlogs; and criminal courts still hold few jury trials every year.
8
During
our visits to judicial facilities in Port au Prince and Jacmel, judicial officials
emphasized the urgent need for developing and implementing a
comprehensive reform of the judicial sector to modernize legal codes and
streamline judicial proceedings. During our discussion with the Haitian
Minister of Justice, the Minister noted that, because his predecessors had
failed to reform the judicial sector, he had been working to reform the
sector since assuming his position in 1999. He emphasized that he was
working, with U.N. support, to develop a reform proposal and related
recommendations for consideration by the next Haitian government, which
will take power in February 2001.
Because of its small budget the judicial sector receives about 11.5 percent
of the budget of the Ministry of Justice the judicial sector has personnel
shortages, inadequate infrastructure, and limited equipment and supplies.
For instance, during our visits to judicial institutions in Port au Prince and
Jacmel, Haitian officials emphasized that their institutions did not have
enough personnel to conduct business adequately, given the size of the
populations and territories that their institutions have to serve. During our
visits to judicial institutions in these locations and Saint Marc, we found
prosecutors' offices, justices of the peace courts, and other courts to have
very basic infrastructure. One of the courts that we visited, which serves a
large population and territory, had two rooms to conduct its business, but
no doors, windows, bathroom facilities, running water, or electricity. These
judicial facilities also had serious shortages of equipment and supplies
needed to conduct business, such as transportation, legal texts, telephones,
7
Most of these people are out of prison within 90 days of their detention, according to
USAID.
8
Juries are convened only for serious criminal offenses, such as murders.
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