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Haiti - FLASH : BCEN orders the verification of 12% of minutes
20/12/2016 06:46:13

Following the decision by the Provisional Electoral Council (CEP) to reject Saturday the requests for recusal of the Electoral Advisers sitting on the Office of National Electoral Litigation (BCEN) https://www.haitilibre.com/en/news-19554-haiti-flash-official-the-cep-rejects-the-requests-of-recusal-of-all-the-complainants.html and the referral of the plaintiffs to the Electoral Court on Monday, LAPEH, "Pitit Desalin" and "Fanmi Lavalas" finally pleaded their case, calling once again for further verification at the tabulation center of the minutes.

Me André Michel, LAPEH's lawyer called for the examination of 78% of tabulated PV at the Voting Tabulation Centre (CTV);

Me Gervais Charles and Me Axene Joseph,lawyers of Famni Lavalas claimed substantially the same % of verification, stating that these minutes were tabulated without taking into account of the 4 admissibility criteria stipulated in article 171.1 of the Electoral Decree. Failing to say that the CEP regulation allows the CTV to assess the minutes and makes the application of these criteria non-mandatory as confirmed during the tabulation by Robenson Chérilus, the Director General of the CTV "Article 171.1 of the Electoral Decree granting the privilege to the Tabulation Centreto decide whether or not to count a PV and that this Article is not mandatory. The 14 criteria are not mandatory," according to the regulations of the CEP https://www.haitilibre.com/en/news-19345-haiti-flash-already-more-than-1-700-minutes-in-quarantine-presidential.html

Me Evelt Fanfan one of the lawyers of "Pitit Dessalin" followed the same arguments and claimed, like the other two complainants, the verification of 78% of the minutes.

As for the lawyers of the PHTKthey continued to find these claims unjustified in the absence of concrete evidence of allegations of massive fraud.

Following Monday's hearings, the Electoral Court gave partially a "success" to the complainants and ordered in its decision very early on Tuesday morning, that starting today, December 20 (at 9 days of the deadline for publication of the final results) that 12% of randomly drawn presidential minutes be verified.

In its conclusion, the BCEN "orders its transport to the Votes Tabulation Centre for verification of 12% of the minutes, ie a total of 1,560 minutes, randomly", these verifications, according to the decision of the BCEN, will be carried out in the presence of the parties concerned and the national and international electoral observation organizations.

Note that, contrary to the request of the three complaining parties, only one Chamber ruled on the three cases of dispute, a situation that the complainants did not challenge this time.

See also :
https://www.haitilibre.com/en/news-19527-haiti-flash-publication-of-final-results-possible-delay.html
https://www.haitilibre.com/en/news-19518-haiti-flash-bcen-hearings-postponed-sine-die.html

HL/ HaitiLibre