VZCZCXYZ0000
RR RUEHWEB

DE RUEHPU #1094/01 3651818
ZNR UUUUU ZZH
R 311817Z DEC 09
FM AMEMBASSY PORT AU PRINCE
TO RUEHC/SECSTATE WASHDC 0166
INFO HAITI COLLECTIVE
RHMFISS/HQ USSOUTHCOM MIAMI FL
RUCOWCV/CCGDSEVEN MIAMI FL
RUEHBR/AMEMBASSY BRASILIA
RUEHOT/AMEMBASSY OTTAWA

UNCLAS PORT AU PRINCE 001094 
 
SIPDIS 
STATE FOR S, C, WHA/CAR, DRL AND INL 
SOUTHCOM ALSO FOR POLAD 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PINR PHUM ASEC KCRM AID HA
SUBJECT: Discussions continue on appointment of a Chief Justice 
 
¶1.       (U)  Summary:  The National Association of Haitian 
Magistrates (ANAMAH) has called on President Rene Preval to appoint 
a Chief Justice of the Supreme Court, a position that has been 
vacant since 2004.  Without a Chief Justice, the 2007 legislation 
that created an independent judiciary cannot be implemented. 
Minister of Justice Paul Denis defended the Executive and responded 
that appointment of a Chief Justice is mired in a broader issue - 
that of filling several vacancies on the 12-member Supreme Court 
and the lack of sufficient nominees from the Senate.  Now that 
Preval has greater influence in the Senate, we may see movement in 
2010 to replace the current ineffective court.  End summary. 
 
 
 
Judges meet and demand appointment of a Chief Justice 
 
 
 
¶2.       (U)  The National Association of Haitian Magistrates 
(ANAMAH) met on December 17 -18 in Port-au-Prince for its 14th 
annual congress, and pressed for the Executive's appointment of a 
Chief Justice of the Supreme Court.   ANAMAH adopted a resolution 
that called upon the Preval government to fill the position in 
order to implement the 2007 law that reorganized the Haitian 
judicial system and established an independent judiciary.  AMANAH 
also demanded that the Executive pay all past-due salaries for 
judges.  ANAMAH members are comprised of judges and justices of the 
peace from all levels of the Haiti judicial system. 
 
 
 
Appointment of a Chief Justice necessary for judicial reforms 
adopted in 2007 
 
 
 
¶3.       (U)  The action by ANAMAH stems from two years of 
inactivity by the Executive in implementing the watershed judicial 
reform law, adopted by Parliament in 2007.  A key feature of the 
legislation was the establishment of an independent judiciary 
which, at the present, continues to be governed by the Executive's 
Ministry of Justice.  With the goal of judicial independence, the 
2007 law established the Superior Judicial Council (CSPJ) to govern 
and administer the court system and discipline its judges, and a 
School of Magistrates to train and certify judges.  Under the new 
law, both of these entities are to be headed by the Chief Justice 
of the Supreme Court, a position that must be filled in order for 
the new bodies to be empowered.  However, despite consistent 
pressure from the magistrates, the U.S. and others, Preval has not 
filled the Chief Justice position since it became vacant in 
February 2004.  (Note:  The previous Chief Justice, Boniface 
Alexandre, assumed the Haitian presidency in the wake of former 
president Aristide's departure in February 2004. End note.) 
 
 
 
Minister of Justice Denis defends the Executive 
 
 
 
¶4.       (U)  In a December 18 meeting with the Senate's Justice 
and Security Commission, which has been vocal in pressing for 
appointment of a Chief Justice and the creation of the CSPJ, 
Minister of Justice Paul Denis defended the Executive and argued 
that appointment of a Chief Justice is attended by a combination of 
difficulties.  He explained that the government must also fill 
several other vacancies on the 12-member supreme court, to include 
members who have died, are too ill or old to serve, and who were 
originally appointed under irregular conditions in the transition 
period when parliament did not exist and who have never been 
properly ratified by Parliament.  (Note:  There are presently three 
vacancies on the Court.  Of the nine remaining members, five judges 
were appointed during the transition period and have not been 
ratified by Parliament.  The Executive has not specified who among 
the nine it considers "too ill or old" to serve.  End note.)  In 
addition, Denis explained, before the Executive can fill the 
vacancies, the Senate must propose three nominees for each vacancy 
to the President.  To date, according to Denis, the Senate has 
proposed only six names, "which are not enough."  As soon as the 
Supreme Court is complete and operational, "we will have the CSPJ," 
he said. 
 
¶5.       (U)  Senator Youri Latortue, who attended the Justice and 
Security Commission meeting and who is the former president of the 
Commission, disagreed with Minister Denis' position.  Latortue said 
that it was the same rationale offered by Denis' predecessor, 
Jean-Joseph Exume - namely, that the Chief Justice position must be 
filled at the same time as the other Supreme Court vacancies. 
Regardless, according to Latortue, the President has the authority 
to appoint a Chief Justice and "nothing has been done."  Latortue 
stated that the lack of a Chief Justice, and therefore the absence 
of a functioning CSPJ, prevents the existence of an effective and 
independent judicial system. 
 
 
 
Comment 
 
 
 
¶6.       (SBU)  Despite ANAMAH's and the Senate Justice 
Commission's calls for appointment of a Chief Justice, Preval seems 
determined to move at his own pace.  Preval has told us in the past 
that he was not happy with the nominees proposed by the Senate 
Commission, inferring that some of them were compromised by their 
relationship with drug traffickers.  With Preval's dominant 
influence in the Senate, he may receive the additional nominees 
that he requires to fill the other vacancies on the Court, although 
Preval recently told the Ambassador that he would not appoint any 
new judges until after the new Parliament is seated in May, when he 
"hoped" to have a "more sizable" majority. 
MERTEN