the poor physical conditions and the lack of personnel and equipment
overwhelmed the limited capabilities of these judicial institutions.
According to U.S. and Haitian officials, conditions were much worse in the
judicial facilities that had not received any U.S. and other donor assistance.
U.S. assistance helped fewer than half of the justice of the peace courts and
only 10 of the 15 judicial jurisdictions.
The improvements to the judicial sector made possible by U.S. assistance
have been limited because the Haitian government has not put in place an
effective oversight capability to monitor the judicial sector. The Ministry of
Justice has a judicial inspection unit that has limited oversight capabilities
and physical and human resources to deal with the problems of the sector,
such as judicial corruption.
The Haitian government's failure to vigorously support investigations and
prosecutions of serious crimes, such as drug related crimes and political
assassinations, has hindered the improvements in the prosecutorial
capabilities of the judicial sector made possible by the U.S. assistance.
According to Haitian officials, prosecutors and investigating magistrates do
not have an incentive to investigate and prosecute major criminal cases
and, if they do investigate, they do it with the knowledge that they are
risking their personal security.
Conclusions
We recognize that Haiti has limited financial, physical, and human
resources and that achieving major progress in building and reforming
effective justice institutions is a long term effort, as has been the case in
other countries in the hemisphere pursuing similar goals. The United States
provided assistance to Haiti, generally without specific conditions, that
helped establish the Haitian police and improve aspects of the judicial
sector and the access of the population to justice. However, despite the
achievements made possible by U.S. assistance and initial Haitian efforts,
both the Haitian police and the judicial sectors still have major
shortcomings. The Haitian government failed to strengthen its police force
and ensure its impartiality. Also, the Haitian government did not
institutionalize many of the improvements made possible by U.S.
assistance and did not implement the broad reform of the judicial sector
needed to address its main problems. Unless the Haitian government
commits to strengthening and reforming its justice institutions, these
institutions will continue to face major problems and be ineffective.
Without that commitment, further U.S. assistance will likely continue to
have limited impact on these institutions.
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GAO 01 24 Foreign Assistance
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