Haiti - Justice : Commissioner Berson Soljour challenges the legality of the precautionary measure of the IGPNH

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Haiti - Justice : Commissioner Berson Soljour challenges the legality of the precautionary measure of the IGPNH
10/11/2018 08:47:45

Following the accusation of aggression on October 9 at the Palace of Justice, on the person of Me Elie Diespt Augustin, Lawyer at the Bar of Port-au-Prince against the Commissioner Berson Soljour, Departmental Director of the West (DDO) of the National Police of Haiti (PNH), the General Inspectorate of the National Police of Haiti (IGPNH), has decided to suspend the Commissioner Berson Soljour as a precautionary measure pending the conclusions of the investigation in progress.

Reacting to this decision, the Commissioner in a correspondence addressed to the Chief Inspector General, Raph Stanley Jean Brice, informs him of the illegal nature of this provisional measure which was notified to him on November 5 "[...] You are informed that, in accordance with article 35 of the general regulations of the PNH, a precautionary measure was taken against you on November 5, 2018..."

In his correspondence, Commissioner Solijour states that article 35 does not set the conditions for the imposition of punishment by a departmental director but defines the powers of the IGPNH in this matter for the personnel under his command, underlining "the Departmental Director of the West is not part of the staff assigned to the IGPNH, the Inspector General-in-Chief does not have the quality to take disciplinary action against me, notwithstanding his recognized competence to make recommendations to the authorities competent," referring to Article 32 of the Regulation, which states that disciplinary power is granted "only for staff assigned to the general inspection".

In addition, he underlines "Your provisional measure takes effect from November 5, 2018 and extends until further notice. It is therefore of unlimited duration and contrary to the provisions of the disciplinary regulation" recalling that even in case of sanction for serious misconduct proven after the conclusions of the investigation in progress, the regulation of general discipline of the PNH caps the sanctions to a maximum of 40 days.

Commissioner Berson Soljour concluded with the request for the release of this precautionary measure "devoid of any legal and regulatory basis" which, according to him, "can not produce legal effects."

See also :
https://www.haitilibre.com/en/news-26048-haiti-justice-the-west-director-of-the-pnh-temporarily-suspended.html

TB/ HaitiLibre