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Haiti - Justice : New step in the crisis CSPJ/CEP
10/10/2012 11:28:05

Haiti - Justice : New step in the crisis CSPJ/CEP
The election Tuesday of 3 new representatives of the Superior Council of the Judiciary (CSPJ) Léopold Belanger, Applys Félix and Mrs. Marie Carole Floréal Duclervil, the Permanent Electoral Council, far from resolving the situation paves the way to a new step in the crisis.

The 3 representatives of the CSPJ already installed previously and whose the election is contested, have declared election is contested, declared on Monday that they had no intention of resigning. The independence of the CEP and of 3 powers (Executive, Legislative and Judicial) makes constitutionally impossible a removal action. Only the appeal to the High Court of Justice, in cases of misconduct demonstrated of an adviser of CEP may decide on its removal as recently said Mrs. Manigat "to out of these situations, the Constitution does not provides code, here are no legal proceedings to dimiss [a member of the CSPJ or CEP], it is only the High Courts of Justice [who can decide] and it is the Senate [dysfunctional], who heads the High Courts of Justice [...] it is necessary that the person commit a fault, to be able to seize the High Courts of Justice. This is something that has never been done since the Constitution exists and it is not easy to seize the High Courts of Justice [...]"

Me Carlos Hercules, the President of the Bars Federation of Haiti (FBH) believes that the resumption of the vote, which corrects according to him, the vote challenged of July 24, 2012, is a good thing, but he acknowledges that "the crisis is not, for all that resolved."

Me Hercules, who seems to have forgotten the independence of 3 powers, estimates that it is the role of the Executive to withdraw the 3 representatives of the CSPJ already installed to the CEP, by proceeding to the cancellation of orders of appointment. He considers that the President Martelly should convince the three representatives of CEP to resign, in a patriotic gesture... Seeing no objection in his approach, to ask the Executive to interfere in two other independent powers : the CEP and the CSPJ...

For his part, the Senator Steven Benoît asks to the 6 advisors already installed to the CEP, to resign in order toproceed with the establishment of a new CEP. Moreover, he argues that the appointment of representatives of CSPJ (already installed and the 3 new) are null, giventhat Arnel Alexis Joseph, the President of CSPJ, held this position illegally, because of his advanced age [72], which exceeds the limit set by law [65] and he requires his resignation.

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