Haiti - Justice : The CSPJ «violates the right to judicial protection» dixit the OPC - HaitiLibre.com : Haiti news 7/7

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Haiti - Justice : The CSPJ «violates the right to judicial protection» dixit the OPC
12/02/2023 07:38:40

Haiti - Justice : The CSPJ «violates the right to judicial protection» dixit the OPC
Following the publication, on January 16, 2023, of the decision of the Superior Council of the Judiciary (CSPJ) relating to the last certification operations where out of 59 files processed, 31 magistrates had been certified, the Office for the Protection of the Citizen (OPC ) received the grievances of several non-certified seated and standing magistrates https://www.haitilibre.com/en/news-38636-haiti-flash-vast-sweep-in-the-judicial-system-28-magistrates-sidelined-list.html , some of whom reject the reasons given by the CSPJ claiming that the allegations were never brought to their attention and that they have no right of appeal.

While supporting the process of purifying the judicial system, the OPC, in a note dated February 11, 2023, regrets "the certification procedure, the law of November 13, 2007 creating the CSPJ and that on the Statute of the Judiciary do not offer recourse to non-certified magistrates. It seems that the practices instituted within the Technical Certification Commission are not in conformity with certain legal principles guaranteeing the right of any person subject to an administrative or criminal sanction to appeal to an independent body and impartial review body responsible for deciding at the second level."

The OPC emphasizes "[...] the absence of recourse constitutes a violation of the right to judicial protection, of the right to the protection of honor and integrity, and of the right defense under articles 8, 9, 11 and 25 of the American Convention on Human Rights ratified by Haiti."

"The Citizen Protection Office hopes that the CSPJ will take all the necessary measures so that non-certified magistrates have the possibility of consulting their files in order to be informed of the facts of which they are accused. If it must be admitted that the question of certification must continue in strict respect of the rights of the Magistrates, this should not put an end to the disciplinary procedures which constitute one of the main attributions of the CSPJ."

While continuing its advocacy campaign with a view to revising the laws creating the CSPJ and the one on the Statute of the Judiciary by the next legislature, with a view to their compliance with international instruments, "the OPC recommends that the CSPJ look into the remedies exercised by non-certified Magistrates in accordance with the universal principles enshrining judicial guarantees in particular, the right to defence, the right to an effective remedy and the presumption of innocence."

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