and office supplies. Haitian officials noted that the dire conditions of
judicial facilities projected a bad image and did not inspire respect for their
institutions, seriously undermining the confidence of the population in the
judicial sector.
The judicial sector has limited capabilities to investigate and prosecute
cases because judicial officials have received little professional training;
have minimum resources to conduct investigations, prosecutions, and
trials; receive limited support from specialized units, such as the judicial
police and forensics unit; and do not have many incentives to solve major
crimes, according to U.S. and Haitian officials. For instance, judicial
officials emphasized that their limited training, lack of resources, and
limited support had seriously hindered their ability to investigate and
prosecute cases successfully. Judicial officials noted that many
investigations conducted with the help of the police failed to satisfy
minimum standards for evidence. As a result, they could not prosecute
alleged criminals, and many cases had to be dismissed. These officials
stated that, because they had little personal protection, they feared for their
personal safety when dealing with high profile cases, such as drug
trafficking and political assassinations. A prosecutor who was responsible
for investigating and prosecuting cases within a large jurisdiction stated
that he did not have transportation to visit crime scenes, that he received
little support from the police in his investigations, that he had no personal
protection when dealing with high profile cases, and, that, as a result, he
and other judicial officials in similar positions had little incentive to do
their jobs well.
The judicial sector also suffers from corruption and has limited internal
oversight to monitor the behavior of judicial officials. For instance, despite
recent pay increases, judicial officials noted that some officials are willing
to accept bribes to advance cases through the cumbersome and lengthy
proceedings that characterize the Haitian judicial sector. Also, according to
these officials, the Ministry of Justice has a judicial inspection unit that has
limited oversight capabilities and has done little to address corruption and
other major problems of the judicial sector. Despite efforts to enhance this
unit, it remains largely ineffective.
The judicial sector continues to provide limited access to justice for the
majority of the Haitian population. For example, by not having a public
defender's office, by not systematically providing legal assistance to the
population, and by conducting most of its business through written
procedures in French, the judicial sector remains unavailable to the
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