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<font size=3>December 30, 2005<br>
<a href="http://www.counterpunch.org/concannon12302005.html" eudora="autourl">
http://www.counterpunch.org/concannon12302005.html<br><br>
</a></font><h1><font size=5 color="#990000"><b>Meanwhile, Down in
Haiti...<br><br>
<br>
</i></font><font face="Times New Roman, Times" size=5>The Chickens are
Coming Home to
Roost</b></font></h1><font face="Times New Roman, Times" size=5>By BRIAN
CONCANNON, Jr.<br><br>
</font><font face="Verdana" size=6 color="#990000">H</font>
<font face="Verdana" size=2>aiti's Judicial and Executive Branches are
both getting what they deserve this holiday season- each other. After 22
months of close collaboration to trample Haiti's Constitution and
democracy, they have now turned their destructive energies on each other.
The <i>Cour de Cassation</i> (Supreme Court) outraged Interim Prime
Minister Gerard Latortue on December 8 by decreeing that Dumarsais Simeus
was wrongfully disqualified from the upcoming Presidential elections.
Latortue retaliated the next day by firing five of the <i>Court's</i>
justices, replacing them with henchmen. The judiciary went on strike,
which has shut down the justice system for four weeks. <br><br>
It is a measure of how far Haiti has strayed from constitutional rule
since the February 2004 coup d'etat that both sides in this dispute are
wrong. The <i>Cour de Cassation</i> wrongly reinstated Simeus' illegal
candidacy not once, but twice. Simeus cannot be President because the
Constitution requires Presidential candidates to have lived in the
country for the last five years, and to have never taken foreign
citizenship. Mr. Simeus readily concedes in media interviews that he
resides in Southlake Texas and has obtained U.S. citizenship. The <i>Cour
de Cassation</i> could not go so far as to ignore the Constitution's
plain prohibitions, but it came close. Instead of saying that the
citizenship and residency bars do not apply, the Justices ruled that they
had no evidence of Simeus' U.S. residency and citizenship- unlike the
dozens of journalists who have asked him. <br><br>
Prime Minister Latortue's objection to the <i>Cour's</i> decision is
right, but he is the wrong man to make it. The same residency requirement
applies to Presidents and Prime Ministers alike, and Mr. Latortue lived
in Boca Raton Florida for years before being illegally installed as Prime
Minister by the U.S. and Haitian elites in March 2004. The Constitution
requires an interim government to hold elections within 90 days from
taking office, but Latortue will have 700 days in office, at the very
least.<br><br>
Latortue's response to the <i>Cour's</i> decision is equally wrong. As in
the U.S., justices in Haiti can only be removed through specific
procedures, for duly established wrongdoing or permanent physical or
mental incapacity. Latortue did not even give lip service to any of these
procedures, he just fired the justices. Later his aides claimed that the
justices were old and needed to be retired, but the Constitution does not
recognize that claim.<br><br>
The justice system's expressed outrage at the executive branch's
interference was justified in principle, but disingenuous coming from a
judiciary that had loyally backed Mr. Latortue's attacks on the rule of
law for almost two years. The courts have routinely freed convicted mass
murderers who support the government, while holding government critics
indefinitely on absolutely no evidence.<br><br>
Fr. Gerard Jean-Juste, for example, was arrested without a warrant in
October, 2004. When the government could produce no evidence against him,
a courageous judge, Judge Fleury, ordered him released. The Minister of
Justice then forced Judge Fleury off the bench, with the support of the
Trial Court's Chief Judge, and without complaint from the <i>Cour de
</i>Cassation's judges, or even ANAMAH, the Haitian judges'
association.<br><br>
Judge Fleury was replaced by another judge, Judge Peres, who was head of
ANAMAH, and active in the anti-Lavalas opposition before the coup. Fr.
Jean-Juste was re-arrested in July, again without a warrant. The case was
given to Judge Peres, who has obediently held Fr. Gerry in prison for
five months now despite a complete lack of evidence. This
"pre-trial" detention may be a death sentence- Fr. Jean-Juste
has just been diagnosed with leukemia. The kind of leukemia he likely has
can be treated, but not in Haiti's prisons.<br><br>
Amnesty International, the UN Human Rights Commission, 45 members of the
U.S. Congress and human rights groups all over the world have criticized
the injustice of Fr. Jean-Juste's persecution. Not one member of the
Haitian judiciary has spoken against it, at least in public. <br><br>
The<i> Cour de Cassation</i> itself led the charge in dismantling the
Raboteau massacre case, the centerpiece of the fight to establish the
rule of law under Haiti's elected governments. The case had been heralded
as a landmark in the fight against impunity by the UN and human rights
groups when the trial concluded in November 2000. Those convicted
appealed at the time, which they had the right to do, but the <i>Cour</i>
refused to rule on the case, which it had no right to do. The massacre
victims smelled a rat as 2001 turned to 2002 and 2003, without any
action- they feared that the court was dragging its feet, keeping the
case technically open until it could be reversed by a government
sympathetic to the convicts.<br><br>
The foot-dragging was amply rewarded in March 2004, when Chief Justice
Boniface Alexandre was named Interim President (although Prime Minister
Latortue has all the power). The rat was pulled from the Justices' robes
last summer, when they threw out the Raboteau trial on the grounds that
the case was inappropriately sent to a jury. This decision was
unjustified and outrageous- the justices themselves had approved sending
the case to the jury in 1999, and the defendants never even objected. But
no one in the judiciary complained.<br><br>
There is no satisfaction in seeing Haiti's two remaining branches of
government getting what they deserve, because the real burden of this
dispute falls, as always on the poor. The judges and ministers may be
truly outraged, but they are not spending their lives Haiti's prisons,
under conditions that a U.S. court has likened to a slave ship. Almost
everyone in jail in Haiti is poor- in a justice system where money talks,
the well-off quickly walk. Ninety-five percent of them have never been
convicted of a crime. Their hopes for justice were always slim, but with
the courts shut down for four weeks, their hopes are now none.<br><br>
All of this bodes poorly as elections in Haiti- currently scheduled for
January 8, but certain to be postponed for the fifth time- approach. The
electoral law gives the <i>Cour de Cassation</i> the last word on most
electoral disputes. The electoral preparations by the unconstitutional
Provisional Electoral Council have so far been consistently mismanaged
and biased in favor of Mr. Latortue's allies, so the actual voting will
undoubtedly generate disputes. The disputes will go to a Court which had
lost most of its credibility even before it became stacked with
Latortue's henchmen. In its current state, the <i>Cour</i> will have
neither the ability nor willingness to curb the Interim Government's most
blatant electoral abuses. That, in the end, may be the whole
point.<br><br>
<b>Brian Concannon Jr.</b>, Esq. directs the Institute for Justice and
Democracy in Haiti, <a href="http://www.ijdh.org/">www.ijdh.org</a>, and
is a former OAS Elections Observer and UN Human Rights Observer in
Haiti.<br><br>
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