[News] Haiti - Firing of Supreme Court Justices
Anti-Imperialist News
News at freedomarchives.org
Wed Dec 21 13:53:49 EST 2005
<http://www.ijdh.org/index.html>INSTITUTE FOR
JUSTICE <http://www.ijdh.org/index.html>AND DEMOCRACY IN HAITI
(541) 432-0597 -
<http://www.ijdh.org/index.html>www.ijdh.org -
<mailto:info at ijdh.org>info at ijdh.org
http://www.haitiaction.net/News/IJDH/12_21_5.html
Half-Hour for Haiti: Firing of Supreme Court Justices
Thank you to everyone who responded to the alerts
for Fr. Jean-Juste last week..
Forty-one members of Congress signed Rep.
<http://www.ijdh.org/articles/article_recent_news_12-20-05.htm>Maxine
Waters Letter to President Bush seeking Fr.
Jean-Justes release. That is the most we have
had for any Congressional letter on Haiti to
President Bush, despite a short timeframe and the
holiday season. Rep. Dan Burton (R. IN, Chair of
the Subcommittee on the Western Hemisphere of the
House Committee on International Relations)
demonstrated that this was a bipartisan issue by
urging Asst. Secretary of State Thomas Shannon to
ensure that Fr. Jean-Juste receives immediate
treatment. Please thank your Representative if
he or she pitched in on this effort.
This weeks action is short and educational: read
the attached press release from the Bureau des Avocats Internationaux.
BAI condemns the firing of Haiti's Supreme Court Judges
(BAI) Port au Prince, Haiti - The Bureau des
Avocats Internationaux (BAI), directed by
Attorney Mario Joseph, strongly condemns the
forced retirement of five Justices of the Cour de
Cassation (Supreme Court) of the Republic of
Haiti and considers the action a serious attack
against the independence and integrity of the
Judicial Branch and of the Constitution.
The firings constitute a flagrant violation of
articles 174 and 177 of the Constitution of 1987,
which prescribe that the Justices of the Cour de
Cassation are named for a term of ten (10) years,
are irremovable, and cannot be dismissed except
for a legally established breach of duty or
suspended following an indictment. They cannot be
retired during their term except in the case of
properly documented permanent physical or mental
incapacity. The BAI emphasizes that the Executive
Branch has no role in making such a
documentation, even less in the absence of any medical report.
The BAI points out that the nomination of five
new judges was illegal, and consequently void,
being contrary to article 175 of the
Constitution, according to which justices of the
Cour de Cassation are named from a list submitted
by the Senate of the Republic. No nomination may
be made without Parliamentary participation, even in a transition period.
The BAI is concerned by the fact that the five
new judges took the oath of office in the
National Palace, contrary to the principles of
separation of powers and article 129 of the
Decree of August 22, 1995 on Judicial
Organization, which stipulates that the Cour de
Cassation sits at the Palace of Justice.
Furthermore, the swearing in at the National
Palace violated the principle of public access to
official events, established by article 180 of
the Constitution and by article 61 of the above-mentioned decree.
The BAI observes that the strike by judges and
other judicial personnel declared by the National
Association of Haitian Magistrates (ANAMAH) has
paralyzed the judicial system. The BAI is
especially preoccupied by the fact that the first
victims of this paralysis are those detained in
the country's jails, over ninety percent of whom
have never been tried. The BAI appeals to the
judges to consider that the detainees should not
pay the price of the unconstitutional acts of the
Executive Branch and its frustrated allies. Is
now a good time for a strike, when the famous
cases of Raboteau, Piatre, Jean-Rabel, Jean
Dominique, Brignol Lindor etc. to this day lie
dormant in the desk drawers of the country's courthouses?
The BAI deplores that ANAMAH and the entire
judicial corps did not protest with the same
fervor against other interferences and attacks on
judicial independence in the recent past, such as
the letter from former Justice Minister Bernard
Gousse, of December 30, 2004 to the Chief Judge
of the Port-au-Prince trial court. The letter
ordered the Chief Judge to remove all the case
files in the possession of Investigating
Magistrates Jean Sénat Fleury and Brédy Fabien,
after Judge Fleury had ordered the liberation of
Fr. Jean-Juste, and Judge Fabien had accorded
provisional release to Harold Sévère, Jaques
Anthony Nazaire, Paul Keller and Rospide Pétion.
Did we not see, less than a year ago, Minister
Bernard Gousse revoke by a simple circular a
restraining order on the offices of the BNC of
Cap-Haitien issued by the Chief Judge of the
Trial Court, without any protest by the
Magistrates of ANAMAH? The BAI also asks: do the
magistrates go on strike to protest against the
practice of illegal arrests made without any
judicial warrant and outside of any hot pursuit
justification, where the police substitute
themselves for the justice system? What is said
against the corruption that has infected the justice system?
According to the BAI, the justice system cannot
be surprised by the decision to fire five judges
of the Cour de Cassation after having, for
months, shown complaisance towards the Executive
Branch, even approved some of its many arbitrary
acts. Examples of this complaisance are manifest
in the decision of the Cour de Cassation
annulling the judgment of the Trial Court of
Gona*ves in the Raboteau massacre case. In order
to do so, the Cour de Cassation contradicted a
series of decisions that had become settled law:
its own earlier decision, issued in 2000, which
had confirmed a decision of the Gona*ves Court of
Appeals, which itself had confirmed a court order
to send the case before a jury. The BAI observed
the same complaisance in the procedures and the
liberation of Louis Jodel Chamblain, who, before
turning himself into the justice system gave a
press conference with the Minister of Justice at
his side, which implied the influence on the
government throughout the whole procedure.
In conclusion, the BAI believes that that the
protests and the work stoppage of the Magistrates
of ANAMAH and other judicial personnel to defend
and rescue the integrity of the Judicial Branch
come much too late. Justice died well before now.
The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org
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