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Haiti - Justice : «Excesses without precedent in Haitian history» 24/10/2013 11:08:20
Purpose of the arrest : Me Francisco René, Government Commissioner said that Me André Michel, was arrested Tuesday evening after he refused to allow the search of his vehicle despite the presence of a Justice of Peace. Considering this refusal suspect the Government Commissioner confirms having ordered the indictment, shortly before 9:00 pm of Me Michel and his driver, and the seizure of his vehicle to facilitate the work of the police, vigorously denying any form of political persecution in his decision. An arrest amid violent protests that had nothing of spontaneous with an intense media coverage.. An arrest arrest described as illegal by the interested party, who recalls that no arrests can be made between 6:00 pm and 6: 00 am, except in cases of flagrante delicto, as prescribed in the Constitution. Me Michel spent the night of Tuesday to Wednesday, October 23, in the reception room of the police station of Port-au-Prince, on the instructions of the Government Commissioner. Demonstrations : Wednesday, protest movements against the arrest of Me André Michel were reported in several parts of the capital. Several hundred protesters anti-government (in place), who had erected barricades of burning tires, throwing stones at police who replied by firing tear gas. These protesters, that combined Lavalas political activists, students, lawyers and high school students, chanted slogans against the ruling regime, calling for the release of Me Michel and the resignation of the Head of State. Clashes between police and students of the UEH have also been reported. Chronology of facts : On Wednesday, police officers who provided security of Registry of the Courthouse where was Me André Michel, were attacked by protesters, who forced the door, letting enter dozens of lawyers and demonstrators, who invaded the Registry. Following this confused response, Me André Michel, led by his peers and political activists, has been moved from the Registry to the Office of the Bar, which is also located in the Palace of Justice. Outside, riot police tried to disperse the protesters. A few minutes later, at the corner of the Bicentenaire and the rue du Champ de Mars, Senators Pierre Francky Exius, Wesner Policarpe, Jean Baptiste Bien-Aimé ourt of a Nissan Patrol official and went quickly to the office of the Bar Association. Less than 30 minutes later, the Senators returned to their vehicle with Me André Michel, under the cheers of protesters. After his surprising departure, Me Carlos Hercules, the president of the Bar Association, explained that Me André Michel was released after analysis of teh minute drawn up by a judge of Peace establishing that the vehicle of the defendant was "clean". An information confirmed but tempered by the Government Commissioner, Me Francisco René, confirming in a first time that Me André Michel was heard by the substitute Salomon Brunet and that "For me, it's over because we found nothing in the minutes." However, Me Francisco René stated having ordered that Me André Michel is keeps, at the disposal of justice, because the warrant issued by Judge Lamarre Bélizaire, who wants to hear him as part of the assassination of a student in 2010. Regarding the departure from the Courthouse of Me Michel, it is clear for the Government Commissioner that "These are senators and lawyers who have taken him by force and took him elsewhere," adding "Me André Michel is a fugitive [...] When you are at the orders of the justice, a release order is necessary," what apparently according to him, was not the case. In addition, he denounced the behavior of Me Carlos Hercules, who objected Tuesday evening to the search in the vehicle of Me Michel. Various reactions : Before the spectacular action of parliamentarians who contributed the escape of the Palace of Justice, to take Me Michel in Parliament, Senator Wenceslas Lambert denounces the violation of the principle of the separation of the three powers and strongly condemns the action of the Senate. Senator Moïse Jean-Charles, seen Wednesday with demonstrators, called for "the creation of a common front for the departure of President Martelly." For its part, the Bâtonnier of lawyers of Port-au-Prince requires the removal of the Government Commissioner Me Francisco René and of investigating judge Me Lamarre Bélizaire and orders a stop work until satisfaction of their demands. Judge Durin Duret, president of the ANAMAH, launched a call to action "to enforce the law." Senator Pierre Francky Exius, President of the Commission Justice and Security of the Senate, one member of the group of three senators who made the escape possible of Me Michel, threat of interpellation of Me Jean Renel Sanon, the Minister of Justice. For her part Mirlande Manigat said she was utraged to learn "the political arrest of Me André Michel" that she describes as unconstitutional. Reaction of the Government : In a press release "The Government of the Republic vehemently denounces and condemns the incidents that occurred at the courthouse of the capital on Wednesday, 23 October 2013, where parliamentarians have invested wit force the enclosure of the prosecution of the Court of First Instance of Port-au-Prince and taken a defendant waiting to be questioned on alleged facts, to then lead him to the Legislative Palace. These actions constitute an excesses without precedent in Haitian history and call for deep reflection. They also represent a serious interference and a flagrant violation of the principle of separation of powers enshrined in the Haitian Constitution and are likely to jeopardize the democratic gains and undermine the foundations of a genuine rule of law. The Government of the Republic, while reiterating its determination to work to strengthen republican institutions, invites the various powers of the State to respect the rules of democracy and calls for calm and serenity." H/ S/ TB/ HaitiLibre
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