US embassy cable - 05PORTAUPRINCE2605

C O N F I D E N T I A L SECTION 01 OF 02 PORT AU PRINCE 002605 
 
SIPDIS 
 
STATE FOR S/CRS 
SOUTHCOM ALSO FOR POLAD 
WHA ALSO FOR USOAS 
 
E.O. 12958: DECL: 10/12/2015 
TAGS: PGOV, PHUM, PREL, KJUS, HA 
SUBJECT: HAITIAN JUDICIAL REFORM CONTINUES 
 
REF: PAP 2329 
 
Classified By: CDA Timothy M. Carney, REASONS 1.5(B) AND (D). 
 
1. (C) Summary:   Philippe Lamarche, head of the USAID-funded 
program with the National Center for State Courts (NCSC), 
briefed emboffs on October 3 on recent achievements within 
the Ministry of Justice.  A technical advisor from NCSC in 
September had conducted an observation mission of the 
ministry's pretrial detention reduction efforts and confirmed 
the initial progress made in reducing case backlogs (reftel). 
 Lamarche further highlighted the completion of several 
decrees, the Justice Ministers continued commitment to the 
reform process, and the increasingly positive role of civil 
society groups.  State Prosecutor (Commissaire de 
Gouvernement) for Port-au-Prince Daniel Audain resigned on 
September 14, reportedly under pressure from Minister 
Dorleans to increase his caseload productivity.  Post will 
continue to monitor justice reform efforts, with a view to 
ensure the transition to the new elected government in 
February does not undermine the process.  End Summary. 
 
NCSC Initiatives with the MOJ 
------------------------------ 
 
2.(U) In a recent meeting with emboffs, Philippe Lamarche 
presented NCSC-supported reform efforts with the MOJ.  The 
Center assisted the Ministry in drafting decrees on judicial 
independence, judicial council, the judge's school, 
re-organization of the Ministry, a codified judicial fee 
scale, and a new salary scale for judges.  NCSC has also 
assisted the Ministry in building its institutional capacity. 
 Lamarche highlighted the resulting independence of the 
Supreme Court, noting that the Court will have administrative 
autonomy for the first time in its existence.  Lamarche 
recalled Minister Dorleans' desire to clear half of the 
backlog of cases of pretrial detainees (750 cases) by 
December 31.  To help with that effort, an NCSC diagnostic 
team will conduct a mission in Haiti in the coming weeks. 
The team plans to analyze the pretrial detention issue and 
develop a strategy, identifying the problems areas and a 
solution for the Ministry to adopt to rectify the backlog 
quickly.  Later, the team will diagnose the entire judicial 
system and develop a long-term strategy for implementation. 
 
 
3. (C) Lamarche remarked on two key ingredients for the 
success of judicial reform in Haiti: a) willingness on the 
part of the government, manifested in the high degree of 
cooperation and capability of Justice Minister Dorleans, and 
b) emergence of the role of civil society actors, such as 
women judges associations and young lawyers groups who want 
to play an active role in the reform process.  NCSC will 
develop an advocacy training program for members of civil 
society to train them on how to effectively advocate for 
change. 
 
NSCS Praises Additional Reforms 
------------------------------- 
 
4. (U) NCSC/Canada technical advisor Jay Carver conducted an 
observation mission to Haiti in September.  Carver noted the 
most striking change since his last visit in April 2005 was 
the leadership provided by Minister Dorleans and highlighted 
Dorleans' public commitment to reducing pretrial detention, 
evidenced by the weekly press conferences.  Carver pointed to 
the Minister's September 26 announcement of additional 
measures to maintain the momentum of reform.  These measures 
include: 
 
-- continuation of special hearings through the October 
judicial holidays; 
-- expansion of the hearings to courts and prisons in 
additional provinces; 
-- organization of extraordinary jury sessions in December to 
fight the backlog of blood crime cases; 
-- establishment of community watchdog committees to 
recommend improvements in the operations of three pilot 
courts; 
-- verification that every detainee has a judicial file and a 
case registered in court; 
-- establishment of a first instance annex in five remote 
regions where transport of detainees to regional courts is 
difficult. 
 
Carver stressed the continued need for international 
community support for the reform process but stressed that 
long term sustainability is best achieved when Haitian 
officials arrive at their own solutions within their unique 
"legal culture." 
 
New State Prosecutor for Port-au-Prince 
--------------------------------------- 
 
5. (C) Former State Prosecutor for Port-au-Prince Daniel 
Audain submitted his letter of resignation on September 14. 
Audain stated that he refused to take orders from Minister 
Dorleans' Chief of Cabinet Carlos Hercule.  Hercule claimed 
he was assisting the Minister to increase productivity in the 
State Prosecutor's office.  Lamarche speculated that his 
resignation probably had more to do with a personality 
conflict between Hercule and Audain (Comment: Poloff learned 
later that Audain had been vocal about a conflict of interest 
regarding Hercule's position in the Ministry and his role in 
representing some of detainees.  Audain's resignation did not 
cause much stir in the legal community as he was not widely 
viewed as a proactive prosecutor.  End Comment.)  Alce Emane, 
a young jurist who was previously justice of the peace in 
Cite Soleil before becoming Audain's deputy in August, 
replaced Audain. 
 
6. (C) Comment: While Dorleans has managed to stimulate an 
impressive reform effort within his ministry, he tends to 
approach issues from a narrow, legalistic focus.  To move 
judicial reform forward he will need to hone his political as 
well as his judicial and administrative skills.  a cabinet 
that has otherwise failed to meet expectations.  Lamarche 
told us that although the impact of the reforms are not 
immediately apparent, they provide a foundation for critical 
long-term reform.  Post will work to ensure that the new 
government that takes power in February preserves the 
progress Dorleans has made. 
CARNEY