Haiti - Justice : CSPJ/CEP, complications in perspective
I said personally and on behalf of my colleagues, I have sworn by the Court of Cassation [...] after the publication of a presidential decree, who appointed me from the choice made by the CSPJ. Based on this principle, it is necessary that we are unanimous to recognize together with me, that it is true that I have been chosen by the CSPJ. Now, I want to remind the public [...] that the Electoral Council is an autonomous and independent institution and therefore I am immovable [...]"
Advisers recalled that only the High Court of Justice could dismiss them, if they have committed any crime. "If we make serious mistakes in our work, we are ready to respond to these faults before the High Court of Justice."
From his part, on Tuesday, the CSPJ is preparing to proceed to the appointment of 3 new representatives. According to Me Néhémy Joseph, spokesman of the CSPJ, the 3 representatives of the Judiciary installed to the CEP, not consider themselves as candidates, but as already elected representatives have refused to come to the invitation of Council as part of process of investigating on the 12 candidates. Consequently, their names do not appear on the list, now reduced to 9 candidates...
On the other side, information suggests that 6 out of the 9 remaining candidates were not retained in the process of vetting. What will happen if the CSPJ appoints 3 new representatives ? What status they will have, given the existence of 3 representatives already elected to the CEP, who have no intention of resigning ?
Moreover, the problem of the legitimacy of Me Anel Alexis Joseph , President of CSPJ and the Court of Cassation, whose appointment does not meet the age limit set at 65, remains unsolved. In this regard, Me Carlos Hercules, member of CSPJ and President of the Bars Federation of Haiti (FBH) had declared "[...] There is the article 51 which speaks of an age limit for that name appears on a list that is 65 while the current President has over 70 years [...] there is a flaw [...] But this remains a political decision because it is necessary that we say, nobody has the authority to decide today the removal of a judge of the Court of Cassation in office, except the High Court of Justice [...] If the impeachment proceedings is not made before the High Court of Justice, there is only a compromise, as if he asserted his right to retire, since it has the retirement age [...] I think it would be a really happy exit for the President of the Court of Cassation [...]"
A situation likely to be more complicated, with the probable designation today of 3 new representative of the CSPJ. If several parliamentarians did not hesitate to point the finger at the Head of the State as holder of the solution, it is illusory to believe in a intervention of President Martelly in this business, if we refer to the last position the weekend at Club Indigo before 8 Senators where he reaffirmed his conviction to never interfere in the internal affairs of the Judiciary in strict compliance with the Constitution, of laws on separation of the three powers.
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