|Click to download the official draft of the new Constitution (September 2021)|
Haiti - FLASH : CEP's decision on Senator Wilfrid Gelin (PHTK)
Resolution of the Provisional Electoral Council (CEP) :
Considering that on 29 December 2016 the CEP established a Commission of Inquiry with the mission to verify the existence of a conviction pronounced by a US Court against Wilfred GELIN or Wilfrid GELIN; to obtain from the concerned structure of the CEP the proof of the declaration made by Mr. Wilfrid GELIN at the time of its Registration to participate in the senatorial elections in 2015 and to audition any person able to provide indispensables information ;
Considering that the Commission of Administrative Investigation composed of adviser Carlos Hercules, of the adviser Lucien Jean Bernard and Consultant of the CEP Rachilde DORVILME, concluded that Wilfred GELIN and Wilfrid GELIN designate one and the same person therefore there is no confusion about his identity; That there is no need to speak of afflictive and infamous penalties with respect to the conviction on February 12, 1982 against Wilfred GELIN by the Court of the United States of America in the District of Massachusetts; and that the CEP must obtain from the Immigration and Emigration Service the Certificate attesting or not that Mr. Wilfrid GELIN had at the time of his registration as candidate for the senatorial of the department of the Center a foreign nationality;
Considering that from the analysis of the report of its recommendations and of the documents obtained from the Directorate of Immigration and Emigration, it appear that Wilfred GELIN and Wilfrid GELIN designate one and the same person, therefore no confusion about his identity; that the sentences of 90 days prison, two years suspended and three years probation ordered against him by the Court of the United States of America in the District of Massachusetts were not accompanied by other main or complementary sentences, called afflictive or infamous penalties; and that the documents obtained from the Directorate of Immigration and Emigration do not establish that Mr. Wifrid GELIN held a foreign nationality;
Considering that it is appropriate for the CEP to decide on the report of the CEA and to take such provisions of law;
After deliberation, took the following resolution:
Article 1 The Provisional Electoral Council (CEP) adopts the conclusions of the report of the Administrative Investigation Committee (CEA) of 23 January 2017.
Article 2, Decides to proclaim the final results of the senatorials for the Department of the Center with regard to candidate elected Wilfrid GELIN, with all legal consequences. [...]"
See also :