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DE RUEHPU #1224/01 1941530
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O 131530Z JUL 07
FM AMEMBASSY PORT AU PRINCE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6509
INFO RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUEHZH/HAITI COLLECTIVE
RUEHBR/AMEMBASSY BRASILIA 1588
RUEHSA/AMEMBASSY PRETORIA 1407
RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL
RUCOWCV/CCGDSEVEN MIAMI FL//OLE/OI//

C O N F I D E N T I A L SECTION 01 OF 02 PORT AU PRINCE 001224 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR WHA/CAR 
DRL 
S/CRS 
SOUTHCOM ALSO FOR POLAD 
STATE PASS AID FOR LAC/CAR 
INR/IAA 
 
E.O. 12958: DECL: 08/30/2011 
TAGS: PGOV PREL KJUS KDEM KCRM SNAR PINR HA
SUBJECT: JUSTICE MINISTER MOVING ON JUSTICE REFORM 
 
 
Classified By: Classified by Ambassador Janet A. Sanderson for reasons 1.4(b) and (d).
 
¶1. (C) Summary.  Justice Minister Rene Magloire on July 3 
told the Ambassador that his ministry was moving forward to 
vet Haiti's judges, even as his legislative reform proposals 
remain stalled in parliament.  Because most judicial terms 
will expire in the coming months, the minister will use the 
opportunity to review the performance of all judges and 
expected to fire a number of poor performers.  The Ambassador 
advised the minister that the USG was moving toward a 
decision to provide funding for prison renovations, news that 
he enthusiastically welcomed.  While the minister was his 
usual passive self reporting on the status of reform in 
parliament, he was as engaged and energetic as we have ever 
seen him on other reform measures in the works -- an 
encouraging signal that the GoH will be able to proceed with 
judicial reform at least to some degree. End Summary. 
 
Reform in Parliament 
---------- 

¶2. (C) The justice minister received the Ambassador and 
Polcouns in his office to discuss recent developments within 
his ministry.  When asked about the status of his proposed 
reform legislation before the parliament, the minister 
replied wanly that he was waiting to hear some news from 
parliamentary leadership on when they might take action.  He 
understood that Senator Youri Latortue, president of the 
senate's justice committee, had proposed numerous changes, 
but he had yet to hear specific counter-proposals.  He 
related that he had told Latortue that he was open to any 
changes that the parliament wished to consider, but wanted to 
be included in their consultations.  (Comment. From other 
sources involved in justice reform, we hear that this has 
been Magloire's consistent message since he first submitted 
his proposals to parliament -- "go ahead and make changes -- 
please let me know" -- an remarkably passive stance from the 
point man on what is one of President Preval's avowed 
legislative priorities.  End comment.) 
 
Reform in the Ministry 
---------- 

¶3. (C) Magloire reported that in the meantime, he will 
proceed to vet all of Haiti's judges, pending the approval of 
his proposed legislation that would establish a formal 
certification process.  Because the terms of Haiti's judges 
will expire in the coming months, the minister will take the 
opportunity to review the performance of each judge in terms 
of both workload and the content of their decisions, before 
deciding whether or not to renew their mandates.  The 
minister would conduct the review under the auspices of the 
current "Superior Judicial Council" that is constitutionally 
responsible for judicial discipline. Though the president of 
the supreme court presides over the council and the justice 
minister is only a member, Magloire said that the supreme 
court president was satisfied to let him take the lead in the 
vetting process and would not take an active role.  Ministry 
personnel would conduct the performance reviews without 
outside help, and Magloire expected to dismiss a "significant 
number" of judges in the process.  (Comment:  We assume that 
Magloire referred to circuit level judges, who serve 
seven-year terms, and most recently were appointed, en masse, 
under President Aristide.  Replacing the current judicial 
council, widely acknowledged to be completely ineffective, is 
a key element of the reform package before parliament.  End 
Comment.) 
 
¶4. (SBU)  Magloire stated that his other priority regarding 
reform in advance of the passage of reform legislation was 
the re-opening of the magistrates' school.  He hoped to work 
with USAID through its judicial assistance program in 
re-invigorating the school.  The Ambassador replied that 
USAID was finalizing the details of the next phase of our 
judicial assistance, and that we would consult with the 
minister on how we could assist in supporting the school. 
(Note:  Key elements in the proposed reform legislation 
covering the magistrate's school would establish strict 
criteria for the hiring and training of both judges and 
prosecutors ("magistrats").  Magloire pointed out that the 
school could in the meantime still be utilized to conduct 
training.  End Note.) 
 
¶5. (U)  Magloire concluded his thoughts on reform by 
emphasizing that Haiti had to modernize its outdated 
Napoleanic system.  No one, he noted, not even France, 
continued to use the original Napoleonic model.  He did not 
expect Haiti to move fully to adopt a system of common law, 
but he hoped to modernize the legal code nonetheless.  The 
most important issue was to end the "cabinets of instruction" 
 where judges of instruction deliberated and rendered 
decisions behind closed doors.  This lack of transparency 
allowed corruption to flourish. 
 
Prison Assistance 
----------- 

¶6. (SBU)  The Ambassador informed the minister of her 
consultations within the Department the previous week and 
reported that the USG was finalizing plans to provide 
assistance to renovate Haiti's prison facilities.  Magloire 
received the news enthusiastically, noting that his staff had 
completed an assessment of needs within the context of 
overall reform of facilities and showed the Ambassador the 
resulting document specifying what facilities were in need of 
what improvements. 
 
Comment 
---------- 

¶7.  (C)  Magloire displayed his usual passivity in discussing 
the prospects of his reform legislation in parliament: his 
admission to ceding the initiative to Youri Latortue, 
Preval's and PM Alexis' most stalwart opponent, further 
demonstrates his lack of political savvy.  However, hearing 
the details of plans to proceed with elements of justice 
reform, particularly the vetting of judges, was by turns 
surprising and heartening.  On these topics, Magloire was as 
energetic and well-briefed as we have ever seen him.  Since 
it appears that Magloire has weathered recent criticism and 
will remain in place, we are encouraged that if the GoH can 
overcome the political hurdle of getting its reform proposals 
through parliament, Magloire will actively work to implement 
them. 
SANDERSON