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Haiti - FLASH : Rejection of the candidacy of Sophia Martelly, the PM concerned 14/05/2015 10:28:19
Recall that the First Lady was the subject of two appeals one initiated by Jean David Colin and the other by former Senator Louis Gerald Gilles (Fanmi Lavalas) appeals concerning citizenship of Sophia Martelly and the absence of discharge. Mr. Gregory Mayard Paul, one of the lawyers of Sophia Martelly, rejected out of hand the decision saying it was a flagrant violation of civil rights of his client. Furthermore Me Paul stresses that at BCEN two contradictory judgments were rendered "While in the case of Jean David Colin, the BCEN recognizes to Ms. Sophia Saint-Remy Martelly the quality of Haitian of origin in the case of Louis Gerald Gilles the same BCEN declares unproved her Haitian nationality. In the case of Jean David Colin, the BCEN orders the CEP to remove from the electoral race the Senate candidacy of Ms. Sophia Saint-Remy Martelly, in the case of Louis Gerald Gilles, this requirement is not being made to the CEP. In the presence of these two decisions, it is to wonder which is applicable ?" recalling that "the BCEN is one and indivisible and should not suffer from conflicting decisions." Regarding the lack of evidence to determine the nationality of the Haitian First Lady, it is good to note that at the hearing in the Office of Departmental Electoral Disputes (BCED) Sophia Martelly's lawyers had filed the extracts of the father's birth certificate and that of her mother both Haitian), the transcript of her birth certificate on Haitian records, and act of renunciation of her American citizenship in English legalized https://www.haitilibre.com/en/news-13727-haiti-news-electoral-zapping.html https://www.haitilibre.com/en/news-13738-haiti-news-electoral-zapping.html "We are very shocked. Instead of applying the law, the BCEN made politics," declared Me Gregory Mayard Paul saying that the decision of the BCEN was "dictated by the street and politics, not by law." According to him it is "bad for the country and the future of democracy." Furthermore he highlighted "The law is clear, Articles 179 and following which deal with BCEN explain the conditions to be met by someone who contests a candidacy. However, hose who filed challenges have not fulfilled the conditions..." by providing no proof of their accusation. With these considerations, he ntends to use all means and resources to clarify the situation and safeguard the fundamental and civil rights of Sophia Martelly. While it is true that no appeal exists within the Provisional Electoral Council (CEP) against a decision of the BCEN, that does not put the BCEN above the Constitution nor the challengers and involved in the judgment, above the Law of the Republic. Note that the challengers could, if Sophia Martelly's lawyers decided on, be prosecuted under section 105 of the Electoral Decree, which states that "Any voter may, by evidence, under pain of being sued for misrepresentation, defamation and false testimony, contest a declaration of candidacy for elective office made at place of residence if it is established that the candidate does not meet all the requirements of this Decree." Wednesday, Prime Minister Evans Paul, reacting to the announcement of the rejection of the application of Sophia Martelly declared "We are respectful of democratic principles and we hope that all decisions were taken in the same spirit [...] The candidacy of Ms. Martelly should not be rejected, given that she has renounced US citizenship," wondering if with this decision of the BCEN, one had not created a statelessness case "She renounced her American citizenship and Haitians do not recognize her Haitian nationality either. This is a very serious problem [...] a decision that beyond the principles governing the competition could have undesirable consequences for the country." To be continued... See also : https://www.haitilibre.com/en/news-13819-haiti-news-electoral-zapping.html https://www.haitilibre.com/en/news-13801-haiti-elections-opening-of-hearings-of-the-bcen.html https://www.haitilibre.com/en/news-13783-haiti-news-electoral-zapping.html https://www.haitilibre.com/en/news-13776-haiti-elections-15-appeals-of-bcedsverdicts.html https://www.haitilibre.com/en/news-13738-haiti-news-electoral-zapping.html https://www.haitilibre.com/en/news-13733-haiti-flash-verdict-of-bced-in-favor-of-sophia-martelly.html SL/ HaitiLibre
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