Haiti - FLASH : BCEN hearings postponed «sine die»

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Haiti - FLASH : BCEN hearings postponed «sine die»
15/12/2016 08:33:00

Wednesday morning, Me Carlos Hercule, Vice-President of the Provisional Electoral Council, proceeded to the composition of the single electoral tribunal that the lawyers of the protesting candidates : "Fanmi Lavalas", LAPEH and "Pitit Desalin" rejected, relying on article 18 of the electoral decree which stipulates that the BCEN is composed of 3 Sections, refusing the arguments of Carlos Hercule that there was no need to form 3 separate courts, since the 3 candidates produced the same disputes, according to him.

Furthermore, according to the draw, on the two Advisers who were to sit, adviser Kenson Polynice was challenged by Jovenel Moïse's lawyers for his refusal to sign the results, registering in the opposition according to lawyers who feel that he cannot sit because of a conflict of interest. Kenson Polynice then deported and gave way to adviser Frinel Joseph.

The lawyers of Jude Célestin then opposed in turn that the members of the CEP signatory of the preliminary results of the presidential of November 20, 2016 become part of the national electoral tribunal evoking in turn a conflict of interest since they agree by signing with these results.

After refusing to constitute 3 courts, despite their numerous attempts, the lawyers of the dissatisfied dissenters decided not to plead before a court that they consider to be constituted in the margin of the Election Decree, refusal signified in a note by Jude Celestin to the President of the BCEN where it is written : "[...] To this effect, the lawyers of Jude Célestin inform you of their refusal to plead before an irregularly constituted court and urge you to take the necessary measures to respect the electoral decree [...]" The lawyers of the protesters left the court leaving alone the lawyers of the PHTK with the electoral judges.

After one day of procedural challenges, erroneous interpretations and tension between stakeholders, BCEN decided to postpone the hearing "sine die" and to transfer all requests filed by the parties to the Provisional Electoral Council (CEP) for the legal suite, being unable to decide on the presence or not of any electoral adviser in particular.

Note that the BCEN, following displaced remarks, sanctioned Me Elton Désinor one of the lawyers of Jude Célestin and forbade him to plead for 5 years in contentious instances.

For his part, Fanmi Lavalas said that if the leaders of the CEP sought to favor the arrival of a dictatorship in Haiti, they will have to a lot to do, while its supporters were demonstrating again on Wednesday in the streets of the capital.

HL/ HaitiLibre