Haiti - Justice : The file of «Toto Constant» mysteriously not found - HaitiLibre.com : Haiti news 7/7

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Haiti - Justice : The file of «Toto Constant» mysteriously not found
14/07/2020 10:38:24

Haiti - Justice : The file of «Toto Constant» mysteriously not found
Deported to Haiti last June 23 Emmanuel "Toto" Constant, the former Head of the Front for the Advancement and Progress of Haiti (FRAPH) a paramilitary organization, whose death squads terrorized the supporters of the ousted President, Jean-Bertrand Aristide https://www.haitilibre.com/en/news-31107-haiti-flash-former-frap-chief-deported-by-the-usa-arrested-upon-his-arrival-in-port-au-prince.html l, condemned in Haiti (in Gonaïves) in perpetuity in absentia and was arrested on his arrival.

Accused of murder and summary execution and of having incited, on April 22, 1994, the massacre of Raboteau, he was heard on June 25 before Me Adisson Diogène, Substitute for the Commissioner of the Government of Gonaïves https://www.haitilibre.com/en/news-31147-haiti-news-zapping.html

However, less than a month after his appearance in Gonaïves, Emmanuel "Toto" Constant could be released following a request for a release request (requête de main levée) requested by his lawyer Me Ronaldo Saint-Louis, who considers the detention of his client illegal because of the absence of Emmanuel Constant's file.

Me Serrard Gasius Government Commissioner at the Gonaïves Prosecutor's Office, indicated that as part of his research, he had obtained a negative certificate from the registry of the Court of First Instance (TPI) attesting that the file was not in Gonaïves "it is a normal fact because there was an appeal to the Court of Cassation on this file. The complete original file was therefore transferred there" adding n"To send Emmanuel Constant to court, you need a file; to send him to prison you need the original file," the photocopies not being admissible in court.

He explained that the Court of Cassation after having delivered its judgment, should have returned the file to the court of Gonaïves but it did not do so and he indicated that it had informed its hierarchy of it, which contacted the Court of Cassation which Until now claims for its part not to have found this file…

For Pierre Espérance of the National Human Rights Defense Network (RNDDH) "Emmanuel Constant's file exists within the judiciary [...]" convinced that "People are looking for reasons to prepare opinion for the release of Toto Constant [...] and deprive victims of justice."

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