Haiti - Justice : Jean-Claude Duvalier will not appear
Recall that this hearing was in response to a request for postponement of the hearing of lawyers of Jean Claude Duvalier on February 7, postponement that had been accepted by the court after that the Public Ministry, who pursues the former President has recognized that personal appearance on February 7, did not comply with the law.
According to Reynold Georges, the defense challenged the "competence of the court of appeal" to pursue in this case.
"We have exercised an appeal in cassation (pourvoi en cassation) on February 8 against the judgment of the Court of Appeal [...]" indicated Me Fritzo Canton, adding that "For the first time in history, we have raised an objection of incompetence of the Court. The duty for it to suspend in this case, is compulsory so that the Supreme Court may rule."
"Duvalier will wait for the verdict of the Court of Cassation, the highest jurisdiction in Haiti that makes decisions without other possibility of recourse," added Me Georges noting that "the Court of Appeal makes politics and not justice. Its acts are illegal and not complying with the law."
The date for appeal court was set for the 13 december 2012, Jean Joseph Exume, lawyer of MichĂ¨le Montas, Nicole Magloire..., asked for a report, which was set to 24 January 2013.
January 24, 2013, due to the death [due to illness], of one of the judges of the Court of Appeal, Enock Voltaire, the Court of Appeal in solidarity remained closed, postponing the session at January 31.
January 31, 2013, Me ExumĂ© asked another report but the court has not accepted, and the court ask for Mr. Duvalier to appear the 7 february 2013
On February 7, 2013 Jean-Claude Duvalier obtained a report for the February 21, 2013
On 8 February 2013, the defense of Duvalier has "pourvu" in Cassation (appeal in cassation)
Meanwhile, national and international organizations are mobilized for this session at the Court of Appeal. Amnesty International, which is following the case since the first complaints in 2011, announced the presence in Haiti of its delegates from Wednesday, February 20. Reed Brody, legal counsel to Human Rights Watch, is also present in Haiti to attend the hearing of the Court of Appeal devoted to the case of former President Jean-Claude Duvalier.
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