Haiti - Justice : Gaillot did not appear yesterday before the Judge Altidor - HaitiLibre.com : Haiti news 7/7
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Haiti - Justice : Gaillot did not appear yesterday before the Judge Altidor
02/02/2012 09:31:06

Haiti - Justice : Gaillot did not appear yesterday before the Judge Altidor
Convened yesterday Wednesday in the office of investigating judge Yves Altidor, Gaillot Dorsinvil, the former President of the Provisional Electoral Council (CEP) accused of bribery, corruption and collusion of officials, conspiracy, crimes against the Constitution and violation of political rights did not appear preferring to be represented by its lawyers Me Reynold Georges and Me Osner H. Févry.

Me Févry indicated that he asked the judge Altidor to divest of the case to leave to the High Court of Justice, the only court empowered, to rule on the charges against his client. "[...] we asked the judge to divest of the case, because there is a law in the jurisdictions in this country and this law does not allow the civil court of Port-au-Prince to be seized of electoral matters and act as a mobilizing body in terms of national justice. This is the High Court of Justice that must be seized for all actions of an electoral adviser in the exercise of its functions [...] the judge [Altidor] said that his decision is taken, that he wants at all costs hear Mr. Gaillot Dorsinvil and we explained to him : Judge, the question of jurisdiction is public order, you can not compromise on this. The Prosecutor of Port-au-Prince has no jurisdiction on other prosecution of the Republic, the Civil Court of Port-au-Prince is one of the 18 courts of the Republic, so a single court can not judge [...] There is a law on the judiciary in this country and this law established 18 jurisdictions, there are 18 Commissioners of the Government, 18 civil courts, 18 Deans. A single judge can not decide that he has a national jurisdiction to hear the lection issues, that's why the election law, decided that all the acts performed by a Electoral Council or by Electoral Advisers, will depend of the High Court of Justice, which can be formed only at the initiative of the Chamber of Deputies [...]"

Me Févry also informed that he had written to the President of the Commission justice of the Lower House, the Deputy Danton Léger, to inform him of what happens to the Prosecutor of Port-au-Prince, that he assimilates to a reckoning "[...] A letter was addressed to the President of the Commission Justice of the House of Deputies and by this correspondence, we inform Me Daton Léger, there is a 'drift' that is being committed here, in the Civil Court of Port-au-Prince, because the prosecutor of Port-au-Prince, was granted a monopoly on the referral of a case while, that the prosecution has no right to investigate matters that also fall under the jurisdiction of the prosecution of Port-de-Paix, Jeremie, Jacmel... The elections were not held only in Port-au-Prince, not only in the department of the West [...] But if the prosecutor of Port-au-Prince feels proficient to send a case before the investigating judge of Port-au-Prince, why that of Jacmel, of the Gonâve, of Port de Paix, of Jérémie, of the Anse à Veau or that of Saint-Marc would not do it ? That's why the electoral law had said [...] that members of the Electoral Council are justiciable only before the High Court of Justice.

But if they want to make of it a political issue, at that time, they can do whatever they want with Mr. Gaillot Dorsinvil or another member [of CEP],but in this case, we will do what the law provides in such circumstances..."

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