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Haiti - Justice : 44th days of Magistrates' Strike, the OPC as negotiator
31/03/2021 09:58:23

The Citizen Protection Office informs that it has been formally requested by the leaders of the National Association of Haitian Magistrates (ANAMAH), of the Professional Association of Magistrates (APM), of the Association of Judges of the Peace Haitians (AJUPHA) and the National Network of Haitian Magistrates (RENAMAH) to facilitate negotiations around the strike launched on February 15, 2021 https://www.haitilibre.com/en/news-33017-haiti-justice-the-judicial-system-paralyzed-at-the-national-level-from-monday.html , by these Associations of Magistrates to protest against the decree of February 11 referring to the retirement 3 Judges at the Court of Cassation https://www.haitilibre.com/en/news-33009-haiti-flash-president-moise-replaces-the-3-judges-involved-in-the-coup-attempt.html and the revocation of the clerk Christophe Lespérance, by the Minister of Justice, for having sat at the hearing of Habeas Corpus initiated in favor of Judge Dabrezil. Solicitation to which the OPC responded favorably.

In this context, the OPC held several hearings with the Minister of Justice and requested a hearing with the President of the Court of Cassation who unfortunately declined, stating that "the Judges at the Court of Cassation struck by the decree of February 11, 2021 appealed to the Superior Court of Accounts and Administrative Litigation (CSC/CA). Thus following the course of this appeal, it is before the Court of Cassation that this case will be brought, lastly, for final decision. Therefore, the President of the Court of Cassation sees himself in his capacity as Magistrate to observe the right of reservation, particularly in this situation..."

Analyzing these data, the OPC is able to affirm that the solution to this strike has a legal-political dimension and the action brought before the CSC/CA by Judge Wendelle Coq Thelot (struck by the decree of 11 February 2021) is likely to continue at the level of this jurisdiction with negative consequences for people in prolonged preventive detention.

In the meantime, the OPC wishes to inform, that the Minister of Justice Me Rockefeller Vincent, avoids interfering in the case affirming that this one is pending before the CSC/CA, but agrees to discuss on the decision taken against the clerk Christophe Lespérance.

The OPC, while scrupulously respecting the demands expressed by the Associations of Magistrates, is asking on behalf of the thousands of people in prolonged preventive detention, particularly those who are sick, for the establishment of an emergency cell to deal with the cases requiring urgent judicial decision.

See also :
https://www.haitilibre.com/en/news-33017-haiti-justice-the-judicial-system-paralyzed-at-the-national-level-from-monday.html
https://www.haitilibre.com/en/news-33009-haiti-flash-president-moise-replaces-the-3-judges-involved-in-the-coup-attempt.html

HL/ HaitiLibre