Haiti - Justice : Joazile considers premature the request for arrest of Arnel Bélizaire - HaitiLibre.com : Haiti news 7/7

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Haiti - Justice : Joazile considers premature the request for arrest of Arnel Bélizaire
26/10/2011 16:35:14

Haiti - Justice : Joazile considers premature the request for arrest of Arnel Bélizaire
The Senator Jean Rodolphe Joazile, President of the Senate, stated yesterday Tuesday that the request made by Me Felix Léger, the Government Commissioner of Port-au-Prince, to the Central Directorate of Judicial Police (DCPJ) so that it arrests the Deputy Arnel Bélizaire was unwelcome and premature.

The Senator Joazile recalled that Arnel Bélizaire benefits from parliamentary immunity and that the law clearly defines the procedure to waive this immunity. In addition, the President of the Senate, recalled that the Deputy Bélizaire has recently informed having been cleared by the justice for acts alleged against him.

"I do not know how the file was submitted at the level of the Chamber of Deputies [...] but if it is the Government Commissioner which reproach something to the parliamentarian, he must ask to the Minister of Justice to write to the President of the Assembly to waive the immunity. At that time, the President presents the case to the Assembly and gave it to a special commission that will investigate and decide.

There is a concept in law, that perhaps the Government Commissioner is tempted to use, to be able to justify his position, but that many great jurists have rejected, that's what we call in law, the fragrance continues [...] In parliamentary right this term was rejected [...] even if they say that it's on the fragrance continues [...] there was an interruption, because at a certain moment [...] the deputy has received a certificate from the DCPJ, a certificate from a court, so the deputy we are talking about is someone who is is deemed to be of good character [in the eyes of the law]. I heard someone told me that the deputy had a decision that was rendered in his favor [...] if the Commissioner of the Government acts without even giving a chance to the deputy to submit the paper that he have in hand, I think that it's too much premature"

The deputy Bélizaire, who is currently in Paris formally denied the beginning of the week the charges against him, charges supported by the National Network for Defense of Human Rights (RNDDH) in Haiti. The member intends to return to the country to establish the truth.

For his part, Me Camille Leblanc, former lawyer of deputy Bélizaire believes that we are "delirious" and in the presence of a clear case of violation of the law at the service of the Head of State. He strongly denounces the decision of the prosecution, recalling that the Commissioner has no authority to request the waiver of the immunity of deputy. In addition, he says that he found that since the introduction of the new Government, the Prosecutor of Port-au-Prince grants itself powers that the law does not recognize him. He recalled that Arnel Bélizaire, was tried and convicted for illegal possession of weapons and was subsequently released after spending 18 months in custody. Also for the lawyer, this case is closed.

Sorel Jacinthe and several other parliamentarians denounce an attempt of taking control of judicial system by the Power in place and discard the idea to follow the proceedings designed to waive the immunity of their colleague.

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