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Haiti - Justice : Total dysfunction of the judiciary...
12/09/2018 08:41:32

Haiti - Justice : Total dysfunction of the judiciary...
In a letter dated 10 September addressed to President Jovenel Moïse, the Superior Council of the Judiciary (CSPJ) warns the Head of State against the total dysfunction of the judiciary in almost all jurisdictions due to delays accumulated at the level of notices of appointment and orders of judges at all levels of jurisdiction, from the courts of peace to the Court of Cassation. Pointing out "Courts can no longer function and have become inoperative because judges are waiting indefinitely for renewal of their term and re-appointment" and asks President Moïse "[...] to take the necessary steps, as soon as possible, so that the 2018-2019 judicial year, scheduled for Monday, October 1, 2018, will not be compromised."

Letter of CSPJ :

"Port-au-Prince, 10 September 2018
[...]

Mr. President of the Republic,

The judiciary represented by the Superior Council of the Judiciary (CSPJ) presents its courtesies and seizes this opportunity, as there is danger in the rest, to draw your attention to the consequences of the long delay to implement the notice of appointments that are routinely sent to you concerning the Commissions and Judges' Orders at all levels of jurisdiction, from the courts of peace to the Court of Cassation.

This pending situation, since the judicial years 2015-2016 and 2016-2017, lasting throughout the judicial year 2017-2018 and still systematic at the start of this new judicial year in prospect in less than a month, generates the total dysfunction of the judiciary in almost all jurisdictions. Courts can no longer function and have become inoperative because judges are waiting indefinitely for reappointment and re-appointment.

As a result, the Judiciary represented by the Superior Council of the Judiciary, noting the extent of the situation, is obliged, in the face of its sovereign responsibilities, to ask you to do what is necessary, as soon as possible, so that the 2018-2019 judicial year, scheduled for Monday, October 1, 2018, will not be compromised.

Faced with this situation, which is likely to be detrimental to the functioning of the judiciary, it is incumbent on you to apply the prerogatives legally conferred on you as guarantor of the stability of the State institutions, according to Art. 136 of the Constitution in force.

Thanking you for the attention you have given to this request, the Superior Council of the Judiciary asks you to receive, Mr. President of the Republic, its patriotic greetings.

For the Council
Me Jules Cantave"


HL/ HaitiLibre

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