Haiti - Justice : Letter of explanation of Jean-Claude Duvalier
Following the request for postponement of hearing and after his lawyers and the prosecutor, who is suing the former president, has recognized that personal appearance was not in accordance with law, the court accepted the report of hearing, setting a new personal appearance of Jean-Claude Duvalier on February 21, 2013, if he not appears, he risks this time to be arrested, unless his lawyers find a new legal way to refer once more the session, there have been many postponements in this case, on the side of the plaintiff, of Mr. Duvalier... and this for different reasons :
Letter of explanation of Jean Claude Duvalier :
"To the presidents and members of the Court of Appeal of Port-au-Prince.
To the attention of Me Jean-Joseph Lebrun, Court of Appeal of Port-au-Prince
Messrs. the presidents of the Court of Appeal and members of the composition of Criminal Affairs of Thursday,
Following an order issued by the investigating judge Jean Carvès of the Court of First Instance of Port-au-Prince, I appealed against this ruling and, by my lawyers, I have assigned the state to appear in court for the reformation of this ordinance, which, in part, has violated the law, following the indictment of the public prosecutor who had renounced to any prosecution, by rejecting the charges illegally retained and subject prescribed for more than thirty (30) years.
At the hearing of Thursday, January 31, 2013 in the section of the criminal court of appeal, you have made a judgment ordering my personal appearance at the hearing of Thursday, February 7, 2013.
I would like, by the present Messrs. the president and members of the court, respectfully submit three major objections to your decision whose I requests this day, within the deadline of law, the retraction for the following reasons.
1 - The request for personal appearance of the appellant, in my opinion, in his own cause, is premature because, as required by law, it has not been ordered following of debates or presentation of facts or indices that it aim to confirm to compare or combat. None of the parties involved had produced it. In addition, it is enshrined in the Haitian practice of our courts that the Court of Appeal acting as Investigating Judges in collegially can only hear the parties after having reversed the order quarreled. This is the teaching of the Masters Haitian.
However, even the alleged civil party who presented without rights, without interest and without quality before you, and even less the public prosecutor, have neither solicited nor understood the meaning strange of your approach, before the examination of evidence of the case, of the presentation of parties, and of the judgment reversing the order of the judge of first instance.
2 - You have ordered my personal appearance as appellant in this case against the State and the public ministry "In order to shine the truth" (). However, the Investigating Judges that you are, investigating in collegiality to charge and discharge, in search of corroborating evidence, have nothing to see, as is the case for a criminal trial in assize court, with the search for truth. There is therefore a certain confusion of roles and responsibilities that should be clarified. Because the investigating judge is a judge of the evidence and not that of proofs.
3 - I was, as former president of the Republic of Haiti, invited to appear before the court (following your order) February 7, 2013, 27 years day for day after my departure from power.
This coincidence can not, under any circumstances, overshadow the political perception that we can have of this order ! Indeed, Feb. 7, 1986, the day of my resignation and of my departure abroad, the most serious political crimes were committed in this country against thousands of family members duvaliéristes, of Volunteers of the National Security (VSN), thousands of houngans across the country, especially in Jérémie and in the south of the country, and thousands of relatives, supporters and allies were déchouqués or burned alive by a criminal process of expeditious justice collective called 'père Lebrun', at a time or other in joy, greeted my departure from the country as a date of freedom, victory and revolution.
February 7 is a page of our history which carries discord, hatred, violence and destruction ! It would not have been wise that the politics take the right, the law and justice in hostage by this personal appearance. Too many passions would have been awake and updated to make revive old moments of wounds during this difficult period where the Head of State and current political leaders speak with reason of National Reconciliation necessary to heal and bandaging the wounds of our still recent past that this appearance may awaken. Victims and executioners well be obligatorily at the rendezvous that day, right or wrong !
For all these reasons, Messrs. the presidents and members of the court, please kindly withdraw this decision 'avant-faire droit' which cannot contribute to make discover the truth, but rather to sow doubt and create confusion and even cause threats to the social order.
As appellant, I seek the light of honorable and distinguished members of the Court of Appeal of Port-au-Prince on specific issues of law likely to reform the order wrongful of the first instance ; and, if appropriate, in case of rejection of three (03) objections listed above, set by order this personal appearance of the appellant that I am, at a later date in March, after the carnival 2013.
Confident that the present will hold your attention for the suites of right to out, take this opportunity to renew to you, Messrs. the presidents and members of the penal composition of the Court of Appeal of Port-au-Prince, the insurance respectful of my highest consideration."
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