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Haiti - Elections : «A real threat to democracy» dixit Laurent Lamothe
04/06/2015 12:16:44

Following the decision of the Departmental Electoral Office of Litigation (BCED) who recommended Tuesday the rejection of the presidential candidacy of former Prime Minister Laurent Lamothe for absence of discharge, the latter more combative than ever, not discouraged does not intend to give up and has every intention to go through and use all means at its disposal to defend its right to participate in the presidential election. https://www.haitilibre.com/en/news-14081-haiti-flash-rejection-of-the-candidacy-of-laurent-lamothe.html

Patrick Crispin one of the advisers of Laurent Lamothe, announced that the former Prime Minister will use his right to appeal to the National Electoral Office of Litigation (BCEN) in the 72 hours prescribed by law to challenge a decision, he described as arbitrary and political.

Laurent Lamothe lawyers seeking to understand on what rule relied the BCED by maintaining candidates in the electoral race, former accounting of public funds, which did not have certificate of discharges and rejecting the candidature of their client in exactly the same situation.

Laurent Lamothe who reacts on social networks with this decision, declared "The CEP's decision confirms the arbitrary nature of the electoral process in Haiti, a real threat to democracy. According to the CEP results, 90% of presidential candidates with no discharges were accepted. What is the message sent ? Abuse and injustice all candidate ministers served in my government get clearance to have names on ballot [without discharge] Nou Pap Dekouraje"

Wednesday, Me Michel Souccar, one of the lawyers of Laurent Lamothe said that Laurent Lamothe has a judgment of a court, which allows him to stand for election, citing the theory of formality impossible not possible to say that the former Prime Minister can go to elections without discharge.

Note that in legal reasoning, one can evoke the theory of impossible circumstances that to some extent "might" be reconsidered as a "lower" standard, or "case law" when the law and the Constitution leaves a vague compared to a situation that makes it impossible to comply with the requirements of the legislation. This is the case with the discharge certificate, unobtainable in the absence of functional Parliament, sole authority to issue this document.

SL/ HaitiLibre