Haiti - Justice : What solutions for the CSPJ/CEP to get out the crisis ? - HaitiLibre.com : Haiti news 7/7

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Haiti - Justice : What solutions for the CSPJ/CEP to get out the crisis ?
11/10/2012 12:47:23

Haiti - Justice : What solutions for the CSPJ/CEP to get out the crisis ?
Following the vote on October 9, designating 3 new Representatives of the Judicial Power, to the Permanent Electoral Council (CEP), while 3 representatives of the CSPJ are already installed and sit in this institution, Me Néhémie joseph, spokesman of the Superior Council of the Judiciary (CSPJ) considers that the CSPJ is not responsible for the situation and that this crisis does not fall within the CSPJ...

"...what we did, it is only the culmination of a process that we started at the beginning of July, which was unfortunately interrupted [?] Finally we resumed the process [...] the choice was made in accordance with the modalities that we decided together. Now, this is not the CSPJ who created the crisis. One could avoid the crisis, if at the end of July, the CSPJ had not been prevented from completing the process [?] in compliance with the law. There have been some interference which led to this crisis [...] for example, the group that challenged what was done. We only comply with the law and I think we could have avoided this crisis, if there had been no interference [...]

I understand the interrogation, or the concerns of those who see on the horizon, another crisis, but we must understand that now, what must be done to prevent this coming crisis, is not the responsibility of the members of the CSPJ..."

In summary, according to Me Joseph, the designation of 3 first members resulting from the disputed vote [24 July 2012] within the CSPJ has not for cause the inability of the CSPJ to manage its internal affairs ? But, an external origin, not to mention the Executive...

For Me Carlos Hercules, President of the Bars Federation of Haiti (FBH)"[...] It is this collision, that the FBH has wanted to avoid by requiring [...] the withdrawal of the decree naming the 3 persons designated by the CSPJ to the CEP before the resumption of the designation process, which was made ​​on Tuesday, because we thought that we were going to get here, namely, that 3 people still exert their function of Advisor, while 3 more come to be designated by the same institution by the same judicial power.

This is the beginning of another crisis, but I believe that the President, if he wants, is able to stop this crisis [...] the President could play of his leadership, to bring these people to release the seats, because this can not be done in a cavalier manner. Surely there must be a compromise, he must reach an agreement with these 3 people so they can release their seat, and from that moment, one can think about the arrival of 3 new representatives who have just been designated..."

Ralph Théano, the Minister responsible of relations between the Executive and the Parliament has indicated that so far, he had not received any correspondence from the CSPJ, informing him of the choice of 3 new Representatives. On the other hand, he stated that the Head of State does not intend, according to the principle of the independence of 3 powers to interfere in the internal affairs of the CSPJ. "The decision of the CSPJ to resume the vote concerning the choice of new representatives to the CEP, is not a concern for the executive branch." He recalled that the President Martelly, had no legal provisions to ask to the Advisers in office, to withdraw and that he was not entitled to influence the decisions of other powers. In addition, he stated that various consultations showed that it would be a serious bad precedent if the President Martelly agreed to constrain to leave, the 3 Advisers concerned, However, saying that the Executive was favorable to a happy ending of this crisis.

Renand Hédouville, the Executive Secretary of the Lawyers Committee for the Respect of Individual Liberties (CARLI), believes that the first representatives of the CSPJ must remain in office to the CEP. According to him, the new vote of CSPJ, is a breach to the democratic principles.

Faced with this situation, Me ontferrier Dorval, which obviously did not foresee the consequences, legal, constitutional and political believes that the President Martelly, after receiving a copy of the minutes and the record of each personality chosen must proceed by a order, to the appointment of 3 new representative of the judiciary within the CEP, he also states that the President shall ensure that these persons have been nominated in accordance with the Constitution.

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