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Haiti - Justice : The FHB takes action against the President of CSPJ
Moreover, FBH will send a letter to the Head of State, asking him to suspend the implementation of the Permanent Electoral Council, considering that the three names forwarded by the CSPJ, were chosen outside the law.
Letter of the FBH :
Positioning of the Bars Federation of Haiti (FBH) on the unilateral designation, arbitrary and illegal of three (3) members which must constitute the CEP and the crisis within the CSPJ.
Considering that the 24 July 2012 the Superior Council of Judicial Power (CSPJ), in violation of Article 13 of its constituting Act of CSPJ, its President the Magistrate Anel Alexis Joseph has unilaterally appointed three (3) names to transmit to the President of the Republic for the formation of the Permanent Electoral Council.
Considering that despite the protest of the FBH resulting in the recall of his representative, Me Néhémy Joseph, Barrister of Gonaives, in date of August 9, 2012, the President of CSPJ persists and camp on its initial position.
Considering that the FBH aware of the role that it should play in the establishment of a rule of law, has adopted the following resolution :
1 - The Assembly of Barristers of the FBH confirms the recall of its Representative of CSPJ, Me Néhémy Joseph, President of the Bar of Gonaives.
2- Lawyers in incompatibility or lending their services to powers or public entities showing or having a behavior contrary to the rules of the rule of law or the values of human rights, will not be reinstated.
3- A correspondence will be sent to the House of Representatives for the indictment for abuse of authority (forfaiture) before the High Court of Justice of Magistrate, Anel Alexis Joseph, President of CSPJ and of the Court of Cassation.
4- The FBH examines under reserve of right to introduce a proceedings before the Inter-American Commission of Human Rights against the Haitian State.
5- A correspondence will be sent to the Head of State to request him, under section 136 of the Constitution, to play its role of guarantor of institutions and to not establish the Permanent Electoral Council since the three (3) names forwarded by the President of CSPJ were chosen outside the law.
Port-au-Prince, August 13, 2012.
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