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Haiti - Case Arnel Bélizaire : Letter from the Government Commissioner to Sorel Jacinthe 22/10/2011 15:13:53
"...The Commissioner wrote me and speaks of the Deputy Arnel, which for him is a prison escapee. He talks about that, but I can not really tell you after reading, if asked to raise or not [the immunity of Deputy]. I have with me the letter, with your permission I will read it for you :" "...The Government Commissioner at the Court of First Instance of Port-au-Prince, presents you its congratulations and informs you that Mr. Arnel Bélizaire, the current Deputy for the constituency of Delmas/Tabarre, Tabarremember of the 49th Legislature, is the subject of legal proceedings for the offenses of murder and illegal possession of automatic weapons not covered by the prescription. He took the opportunity to make you noticed that the record in question, is currently before the law enforcement authorities of the jurisdiction of Port-au-Prince, despite the escape of the accused on February 19, 2005, imprisoned October 14, 2004 the number PN-04-10-100 of the national penitentiary. The Commissioner of the Government is determined to join all public authorities to fight against impunity, and that is why, he enjoins you to take all the necessary arrangements so that Mr. Arnel Bélizaire can be put at the disposal of the judicial authorities, the ultimate goal is to prevent any disgrace to the institution of Parliament. The Government Commissioner at the Court of First Instance of Port-au-Prince renew to you, honorable President its patriotic greetings." "I think that if he is Commissioner, it means that he went to school to learn the laws, he graduated, right ? That means he knows exactly, when a person is a deputy, what procedure should be applied to bring them to justice. The Commissioner said that : he took the opportunity to make you noticed that the record in question, is currently before the law enforcement authorities of the jurisdiction of Port-au-Prince [...] I have no problem, if there is a deputy, regardless the deputy who has a problem with justice, that the justice do its job, there is no problem with that. However, the Constitution, the laws of the country say how to arrest a deputy, is in flagrante delicto only [...] I would like that the Commissioner reread the Constitution. Since we are in session, it's before of this latter, that he [Arnel Bélizaire] must be brought, regardless the session, if we are not in session, he must automatically be brought before us [...] I have no problem that the justice do its job, but my first problem is firstly ; to know if the Commissioner can write me ? Is is my vis-à-vis ? Secondly, in terms of human rights, why since all this time, it is only after the President invited him and they had a problem with each other, that the file appeared..." Article 115 of the Constitution : No member of the Legislature can not, during its tenure, be arrested in criminal matters, correctional or of police for common law offense, except with the permission of the House to which it belongs, except in cases of flagrante delicto for facts with a afflictive and infamous punishment. It is therefore referred to the House of Representatives or the Senate without delay if the Legislature is in session, otherwise, at the opening of the next ordinary or extraordinary session. See also : https://www.haitilibre.com/en/news-4069-haiti-justice-justice-informs-the-chamber-of-deputies-that.html HL/ HaitiLibre
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