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Haiti - Justice : The file of the assassination of Bâtonnier Monferrier Dorval paralyzed
In a letter addressed on January 28, 2022, to Me Bernard Sainvil, Dean of the Court of First Instance, the Council requests the resumption of the file by a new investigating judge https://www.haitilibre.com/en/news-34764-haiti-flash-resignation-of-the-examining-magistrate-in-charge-of-the-case-of-the-assassination-of-me-monferrier-dorval.html
The Council explains "[...] after the recent break-in to the court registry and the theft of the safe containing the documents related to the file of Me Monferrier Dorval https://www.haitilibre.com/en/news-35209-haiti-flash-the-safe-of-the-general-registry-of-the-tpi-of-port-au-prince-has-disappeared.html , the Council of the Bar Association of Port-au-Prince, a civil party in the case, has never ceased to demand the reconstitution of the judicial police investigation file and the continuation of the procedure. Despite formal or informal meetings with the judicial authorities, despite the correspondence sent, the judicial machine has remained immobile, seeming to be held back by unfathomable weights.
The file is not progressing even though the preparatory investigation phase could only be initiated. Indeed, apart from the hearing of the civil party, some people called to appear for questioning have benefited from the inertia of the Public Prosecutor's Office, which contravenes the law and thwarts the progress of the procedure.
In short, to date, the powers of investigation and coercion available to any instructing judge have been regularly prevented, making it therefore impossible to exercise jurisdictional powers that could give rise to an order for dismissal or dismissal.
The analysis of the stalemate of the case does not only expose the limits of the institution and the judicial actors. Beyond the sense of responsibility and the need for each magistrate to account for the fulfillment of his office, the current situation seems to express a lack of interest in the manifestation of the truth and a feeling of fatality incompatible with the mission of justice […]
The Council of the Bar Association of Port-au-Prince considers that the inaction of the various judicial authorities concerned by the file is not without consequences but constitutes, in a way, a negative action likely to discredit the image of justice, to reinforce the suspicion that weighs on the institution and finally, to delay the establishment of a genuine rule of law. He urges judicial actors in general and investigating judges in particular to seize the issues of the moment and to take up the challenge facing them.
The Council, convinced that its fight for truth and against impunity is essential for the whole of society, will continue to play its role of watchdog until justice is rendered to Bâtonnier Monferrier Dorval."
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