Haiti - Justice : The National Association of Magistrates denounces the lack of sense of Presidential Decree - HaitiLibre.com : Haiti news 7/7





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Haiti - Justice : The National Association of Magistrates denounces the lack of sense of Presidential Decree
26/05/2020 10:35:55

Haiti - Justice : The National Association of Magistrates denounces the lack of sense of Presidential Decree
Judge Jean Wilner Morin, President of the National Association of Haitian Magistrates (ANAMAH) in an open letter addressed to the President, Vice-president and Members of the Superior Council of the Judicial Power (CSPJ) denounces the decree of May 20 last hhttps://www.haitilibre.com/en/news-30843-haiti-flash-presidential-decree-setting-the-general-rules-for-protecting-the-population-from-covid-19.html setting the general rules of protection against Covid-19, while claiming to be willing to join, in good faith, reasonable initiatives which tend to reverse this disease, stressing that in such circumstances "reason and common sense must in no way give way to panic."

He deplores "[...] the presidential decree fixing the general rules of protection against Covid-19 testifies to the state of mind of a legislator who, failing to lack common sense, lets glimpse a proven ignorance of reality the functioning of local courts on the one hand, on the other hand, the adequacy relationship which must always and necessary exist between the law and social facts, on the other hand [...]"

Taking as an example a simple police court, he explains in his correspondence "[...] a simple police court is made up of at least one judge, a registrar, two public defenders, at least one agent ensuring security inside the courtroom, by joining the defendant(s) without omitting the public nature of hearings of this nature (which are of public order). It is a safe bet that such meetings cannot meet the requirements of Article 6 without being themselves struck down by illegality and therefore contrary to the provisions of the same article. An example, if not the least, but that on which rests the whole basis of the mechanics of sanctions applicable to offenders : Article 6. which elevates to the rank of offense any meeting of more than five people in an open or closed environment (the criminal law being strictly interpreted).

When you know that a simple police court is made up of at least one judge, a clerk, two public defenders, at least one agent ensuring security inside the courtroom , by joining the accused (s) without omitting the public nature of hearings of this nature (which are of public order). It is a safe bet that such meetings cannot meet the requirements of Article 6 without being themselves struck by illegality and therefore contrary to the provisions of the same article."


Judge Morin while stressing that "[...] several other provisions of the said decree deconstruct the legal and sociological reality of the functioning of the Courts of ordinary police and are likely to expose the Magistrates of Peace to the lynchings in good standing of politicians in search of authority." He asked the CSPJ to see with the author of this decree "its difficulties in applying in peace of mind in the current state."

See also :
https://www.haitilibre.com/en/news-30843-haiti-flash-presidential-decree-setting-the-general-rules-for-protecting-the-population-from-covid-19.html

SL/ HaitiLibre

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