Haiti - justice : Risk of crisis if the CSPJ does not returns on its decision - HaitiLibre.com : Haiti news 7/7

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Haiti - justice : Risk of crisis if the CSPJ does not returns on its decision
05/08/2012 10:19:42

Haiti - justice : Risk of crisis if the CSPJ does not returns on its decision
Antonal Mortimé, the Executive Secretary of the Platform of Haitian Organizations for Human Rights Defense (POHDH) whose platform had already condemned the decision of the Superior Council of Judicial Power (CSPJ) to designate with a minority vote the 3 representatives of Judicial Power, to the Permanent Electoral Council ; welcomes the decision of 5 members CSPJ, who expressed in a letter to the President, their disagreements on how to proceed.

"[...] We welcome the decision of 5 members CSPJ who wrote to the President of the Council, and told him they do not agree with the decision that was taken on the evening of July 24 [...] We believe this is a good thing that they denounce that publicly. The second thing, we recommend that the President of CSPJ returns on its decision and that the President of the Republic himself, take into account all the protests against that there is against this decision [...]

Otherwise, we believe there is a risk foer the CSPJ be discredited and that justice has not more confidence, if he does not returns on this decision. Remember there is in the CSPJ, two people who are judges of the Court of Cassation [Me Anel Alexis Joseph and Me Antoine Norgaisse] one that is Government Commissioner of the Court of Cassation [Me Thiers Malette], this means that if we can not trust the highest court in the country, there will be no reason to trust the other courts, nor at the level of Peace Court, nor at the level of trial court or the Court of Appeal.

The choice is bad if it is not done democratically, it is not the choice [of people] which is bad, but how the choice was made. We are in a deliberative assembly, in a democratic society, 4 people can not choose on behalf of 9 people [...] Article 163 of the Act creating the CSPJ, dated November 13, 2007 is clear, it said so that the CSPJ takes a decision, there must be at least 5 people gathered [...] he must return "ipso facto" on this decision, otherwise we will have an Electoral Council that will be contested that will probably hold fraudulent elections, which will also be challenged. What could plunge the country into a crisis, a post-election crisis that will be endless and could have negative consequences on the five year term of Mr. Martelly..."

Certified members composing the CSPJ :
Me Anel Alexis Joseph : President of the Court of Cassation,
Me Antoine Norgaisse, Judge at the Court of Cassation : vice President
Me Thiers Malette, Government Commissioner at the Court of Cassation
Me Max Elibert, elected by its peers (Judge at the Court of Appeals of les Cayes)
Me. Gustave Pharaon, elected by the Courts of First Instance of the Republic (Dean of the tribunal of First Instance of Gonaïves)
Me. Jean Alix Civil, chosen by the Minister of Justice (Government Commissioner of the Court of First Instance of Petit Goâve)
Me. Jean Etienne Mercier, Representative of the judges of the courts of peace of the Republic (Judge of Peace of Delmas)
Me Dilia Lemaire, Representative of civil society
Me. Néhémie Joseph, Representative of the Assembly of barrister in exercise (Dean of the Bar of Gonaïves)

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