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Haiti - FLASH : The CEP rejects the request of the former senators on the duration of their mandate 01/02/2020 09:04:46
These former senators of the second third asked in their request : "to hear the CEP examine its competence, say that it is competent to know the species; To recognize that the President of the Republic violated the Electoral Decree by violating articles 50.3,50.7,45.2, and 239; To declare that the applicants are senators in office until the second Monday of the sixth year of their mandate, that is, January 10, 2022; To recognize the applicants' right to bring any civil action for compensation for the damage suffered in a timely and timely manner. " The CEP explains in its decision : "[...] Can the CEP's litigation bodies examine the applicants' requests ? To answer this question, it is necessary to determine whether it is a matter related to an electoral competition or a species of another nature. Considering that the answer to this question remains the necessary and essential condition for the purposes of determining whether one of the bodies for litigation at first instance, Bureau du Litieux Électoral Communal (BCEC) and Bureau du Litigation Électoral Départemental (BCED) may be seized or if the Office for National Electoral Disputes (BCEN), in its special powers, may be directly seized as a last resort at the behest of the President of the CEP; Considering that the applicants declare that the supporting documents for the appeal will be filed at the hearing of the case, thus prejudging the referral to the BCEN by the Provisional Electoral Council; Considering that the CEP is seized of an appeal concerning the respect of the duration of the electoral mandate of the applicants; Considering that the duration of an elective mandate is a matter of the Constitution and not of electoral disputes; Considering that there is no reason to seize, therefore, the bodies of electoral litigation given the nature of the appeal; The Provisional Electoral Council, after deliberation, Declares that it does not have, in this case, any legal reference to seize the bodies of Electoral Dispute" Decision adopted by: Léopol Berlanger FILS, President, Carols Hercule, vice-President, Marie Frantz JOACHIM, General secretary, Frinel JOSEPH, Treasurer, Lucien Jean BERNARD, member; Marie Hérolle MJCHEL, member; Kenson POLYNICE, member; Josette J. DORCELY, member and Jean-Simon SAINT-HUBERT, member. See also : https://www.haitilibre.com/en/news-29811-haiti-politic-journalist-delva-ironizes-at-his-colleagues-who-contest-the-end-of-their-mandate.html https://www.haitilibre.com/en/news-29792-haiti-news-zapping.html https://www.haitilibre.com/en/news-29760-haiti-flash-the-senators-react.html HL/ HaitiLibre
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