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Haiti - Politic : New demonstration in support to President J-B Aristide
Protesters waving photos of Aristide and branches, launching slogans against the government, left from the Aristide Foundation for heading to the residence of the former president. Barricades of burning tires were erected in various parts of Tabarre, paralyzing traffic, but also in Delmas 65 and Delmas 18 among others.
The Deputy Paul Olivard Richard (Lavalas), is convinced that the prosecution against Jean Bertrand Aristide, is politically motivated and called on Aristide supporters to continue peaceful mobilization. Maryse Narcisse, the Coordinator of Fanmi Lavalasdescribes as political persecution the judicial process affirming that this action aims to divert public attention on the real problems of the country.
On the judicial level the request for recusal of investigating judge Bélizaire https://www.haitilibre.com/en/news-11844-haiti-justice-mobilization-and-legal-action-the-aristide-s-defense-gets-organized.html continues to divide jurists.
Me Jaccéus Joseph, like Me Durin Duret, President of the Association of Haitian Magistrates (ANAMAH) states that "if the investigating judge plays the role of the judicial police, that is to say, if he investigating on a case where there is flagrant, he can not be recused." But he points out that under Article 429 of the Criminal Investigation Code, the investigating judge reviewing the case may be recused on the grounds of legitimate suspicion.
However an appeal in cassation of Aristide' lawyers, according to some lawyers may suspend the execution of the arrest warrant until the Court rules on the legitimacy of the reasons given for the recusal of Judge Bélizaire.
Note that the Court of Cassation, which has no deadline to decide the matter, following the analysis of the reasons for the request for recusal, could decide whether Me Bélizaire should continue or not to investigate the matter. Note that if the Court of Cassation decides to refer the case to another judge, the latter may decide at its discretion to continue or not, the acts of instructions from its predecessor.
Me Raymond Jean-Michel, Dean of the Court of First Instance of Port-au-Prince, confirmed having received a copy of the statement of recusal of judge Bélizaire for legitimate suspicions and lack of impartiality, but stresses that it is for the Court of Cassation to rule on the legitimacy of reasons,if the latter is seized of the case (procedure that employs lawyers Aristide, according to our sources).
An opinion shared by Me Carlos Hercules, President of the Bar Association of Port-au-Prince, ho claims that he belongs to the Court of Cassation to appreciate the recusal motion, produced by the lawyers of the former Head of State, stating that in case of rejection of this request, the former President will be required to appear before the judge Bélizaire.
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