Haiti - Justice : The Dean of the TPI of Croix-des Bouquets and 2 judges laid off
In view of the release, on April 17, by a decision, dated April 15, 2020, pronounced by the Magistrate Sully L. GESMA of the Court of First Instance of Croix-des-Bouquets, following an action in habeas corpus of the named Jean Fénel THANIS, Jean Edrique POMPÉE and Kess Huss CAMPBELL involved in the illicit drug trafficking https://www.haitilibre.com/en/news-27116-haiti-flash-a-former-deputy-arrested-for-possession-and-drug-trafficking.html
Given that the action in habeas corpus, for his hearing, falls within the prerogatives of the Dean who enjoys this latitude to delegate his power and that the Magistrate Sully L. GESMA was appointed by the Dean Lyonel Ralph DIMANCHE claiming to have a brother, Me Borel DIMANCHE, member of the Defense Council for detainees;
Given that a previous judgment rendered in the correctional system by the Magistrate Pierre Apsorbe PIERRE-LOUlS, on May 10, 2019, condemns Jeall Fénel and others, for the same case of illicit drug trafficking to simple fines which initiates the series of scandals in this case giving ipso facto following a disciplinary investigation carried out by the CSPJ against this Magistrate;
Given that the judgment in the correctional system, dated May 10, 2019, the work of the Magistrate Pierre Apsorbe PIERRE-LOUIS is the subject of an appeal made within the time limit, that is, on May 13, 2019, by the Chief Public Prosecutor at the Court of First Instance of the Croix-des-Bouquets;
Considering that the appeal is suspensive;
Considering that the various decisions taken in this case, before and after the appeal, raise general disapproval and constitute a scandal of too splashing the judicial apparatus of the jurisdiction of the Court of First Instance of the Croix-des-Bouquets;
Given that there is reason for the CSPJ body of administration, control, discipline and deliberation of the Judicial Power to take disciplinary measures against the Magistrates involved, near or far, in this case and falling under of its authority with a view to provisions other than law.
Consequently, the Magistrates Lyonel Ralph DIMANCHE, Dean of the Court of First Instance of Croix-des-Bouquets, Sully L. GESMA and Pierre Apsorbe PIERRE-LOUIS, Judges of the seat in this same Court, in accordance with the prescriptions of Art 34 of the law of 13 November 2007 creating the Superior Council of the Judicial Power, are made available (laid off) while awaiting the formalities leading to their appearance, as soon as possible, before the Disciplinary Court.
Port-au-Prince, April 27, 2020"
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