Flashback
“There is a paradox in the fact that idiots are narrow-minded and stupidity is limitless.”
We would rather have counted the waves of the sea that we would not be able to understand the why and/or the nature of all the kinds of lies concocted and the measures taken in the stupid madness of a man (a team) who wants to at all costs keep power in defiance of the administrative, legal and political principles of a country.
“the penal code dating from 1835 is of extraordinary morality » Mr. Saint-Amand
Thursday July 9, 2020 ((rezonodwes.com))–Any political regime aiming at the establishment of dictatorship rushes without detour or turn of turn to change the legal arsenal of a Republic. That of the PHTK does not escape this madness in its crazy decrees and orders.
Article 24 of the 1987 Constitution which guarantees and protects the freedom of citizens is put on hold by this Decree of Shame, taken by the Moise/Jouthe Government on June 24, 2020.
We remember!
During an intervention during a meeting with a group of hand-picked citizens; the apprentice dictator Jovenel Moise rejoiced at the obsolescence of Parliament while claiming that he now has free rein to perfect the path of the will of its bosses and impose on the country its neo-Duvalierist successor and from there, establish a ferocious dictatorship in Haiti. Nostalgia for tyranny. That said, and, to general amazement, Jovenel Moise, whose mandate will expire on February 7, 2021, has assumed the right for some time to issue Decrees reflecting all his desire to establish a “bout di” regime and repeat the will of certain countries of the international community.
In crisis since the fall of dictator Jean-Claude Duvalier in February 1986, Haiti is bogged down in a never-ending transition and is forced by the International Community to take measures that are both immoral and inhumane.
To grasp the paradox of the term State, Wittgenstein’s proposition is defined as follows: “ We must put an end to what is explanation to make way for description.. “An assertion which confirms in certain respects what is currently happening in Haiti.
The successive decrees of Jovenel Moise taken into procedural exemptions.
Can we find attempts at explanation to defend the hazardous commitments made by Jovenel Moise vis-à-vis the international community, to keep power?
In the entire history of the Republic, no one has ever been able to mention such an incapable and ineffective team in the management of state powers.… By parentheses and respect for the State, we would like to draw the attention of citizens that the laws of Jovenel Moise have nothing to do with the morality of the Law or even the fairness of sound justice. They are all devoid of a manifest and homogeneous will which must exist between those who govern and those who are governed..
The spirit of the Decree on the Jovenel Moise Penal Code.
In the hierarchy of norms, laws are above decrees…the questions that we have the right to ask ourselves and that we ask:
a) can a law be repealed by a Decree? – The answer is no.
b) Can a Decree therefore replace a law? – the answer is absolutely NO.
A little elementary lesson in the introduction to law to highlight bad faith and further expose the incompetence of the flattering and unconscious advisors (paid from the public treasury) of President Jovenel Moise: “criminal law is not limited to the concept of punishment” it is a determining societal project which targets the general nature of the balance of the Nation-State. It is a general policy of law and justice.
The complexity of criminal law.
With this famous decree on Haitian criminal law, the state system is further degraded (submission – incompetence) both in terms of law as a movement of social facts but also as a means of resolving and regulating offenses. Indeed, if suffering degrades the body, it has repercussions on the mind… if a bad law is adopted, it also has harmful consequences on the social body. The image of the integrity of justice is disintegrating and giving way to impunity, corruption and immorality.
The process of decay of morals.
The Haitian Penal Code was voted on by the House of Commons on July 29, in the Senate of the Republic on August 10 and promulgated on August 11, 1835 (source: Penal Code annotated by Menan Pierre-Louis).
This penal code, which has been in force for more than 175 years, is rightly outdatedoutdated and even unsuitable but, it was at the time of its adoption, a social project responding over the years to the needs of a population which only asks to be taken care of in terms of the charges and responsibilities of each individual in criminal matters. This code dating from 1835 is of extraordinary morality and has produced articles that relate to the relationship between offense and punishment… for the purposes of creating a sort of balance that would avoid the imposition of the law of the jungle. Which means that the Penal Code is and must be considered as a “consensus” existing between the executive, the legislature, the judiciary and civil society organizations. Far from us, the idea that had a consultation between the great powers of the State. The legislature has been obsolete since the second Monday of January 2020 – the judicial power represented by the CSPJ absolutely does not play its visionary role in decision-making… the judiciary has been merging with the executive for ages. These old guys accept everything, so that they can finally exist.
The silence of the President of the CSPJ (Higher Council of the Judicial Power) on the publication of this decree of shame taken by the government of Jovenel Moise says a lot about the degree of submission of this state body whose sacrosanct mission is to protect magistrates and litigants above all, the Haitian population without distinction of race, color and gender.
Was the CSPJ consulted?
The PHTK regime has no interest in the judiciary being independent. Lavalas had done the same. Politicians are involved in shenanigans, theft, corruption and others… According to information circulating in the corridors of the CSPJ, certain members of this pro-executive body were consulted not for the sake of debate but of acquiescence… Silence pays of the President of the Court of Cassation Me. Rene Sylvestre on this Decree Jovenel Moise, says a lot. Who remembers his written intervention during the “country lock” movement?
Indeed, we must not put an insurmountable barrier between the rotting of a law or the need to renovate it to better adapt it to the needs of imposing another according to unacknowledged and unavowable interests. The institutional silence, cumbersome to say the least, clearly demonstrates that the members of this administrative, legal and jurisdictional body of the judicial power have not been officially consulted. Hence the imperative need for them to distance themselves from this Decree which in no way reflects the ideal of the Founding Fathers of the Nation.
The socio-political context of such an approach.
The unwavering support of the international community constitutes the reference framework for all decisions taken by Jovenel Moise throughout his mandate as President which ends on February 7, 2021. He receives orders from abroad to manage Haiti, of which he is, according to article 36 of the 1987 Constitution, the guarantor of republican institutions. Failure!
Couldn’t the infamous Decree taken by Jovenel Moise be considered a Crime of High Treason? – since it is taken, with all evidence, for the one and only objective of keeping power and even more to organize “phony” elections in order to escape the justice of the country. The reports of the Court of Auditors on the theft and waste of Petro Caribe funds.
Jovenel Moise has no political legitimacy to initiate political reforms in the country after spending his entire term as president lying to the Haitian people and also gangsters The State in its institutional foundations.
On the political floor marked by the irresponsibility of everyone, the team in power is bogged down in reforms which do not meet the needs of the Haitian population. Everything is tailor-made for a possible return of Michel Martelly to power. Everything Jovenel Moise did during his mandate is contested… he is aggregated into an autocracy! An amateurism overflowing with indignation.
Stay in power at all costs.
The decisions taken and collated are contradicted in actions by the PHTK 1 and PHTK 2 regime. They want their stubbornness to stay in power to last. The State of Haiti boils down to the clan of perversion. The bourgeoisie is not immune. Why keep the members of Léopold Berlanger’s CEP (Provisional Electoral Council)? – Why keep the 10 Senators? – Why do you want to stay in power?
What is the use of such a Decree on the Penal Code?
In the name of what morality, Mr. Jovenel Moise issued this famous Decree? – Would he like to put the rights of the minority over that of the majority of the population??
There are many questions that the president must answer?
This mode of governmental practice did not always exist… It was banned with the fall of the Duvaliers.
The process is downright savage (…!) It serves to provide harems and domesticity to men laid by the egg of systemic corruption and perversion of all kinds.
The haptics of the excesses of a harakiri diet.
Before arriving there, in the base of decline, the citizen Jovenel Moise inspired all the hopes in the world for a large majority of the Haitian population… Since he came from this environment. The hinterland. A son of class, of race. And, he became the thief of this said class.
The infamous Penal Code of Jovenel Moise severely criticized.
The current President of the Bar Association of Port-au-Prince in a responsive letter addressed to Me. Gervais Charles (former President of the Bar) Me. Monferrier Dorval clearly expresses his concerns regarding the nonsense contained in this Decree in particular and the Decrees in Jovenel madness in particular. For the president, “ this recurring situation of taking Decrees without any qualms deserves to be scientifically analyzed to lead to proposals intended either to combat them or to constitutionalize their enactment.”
In any case, jurists and lawyers express their complete disagreement with the numerous Decrees of Jovenel Moise.
The hardest part of all this, and despite the support previously given to this regime in the first momentsthe Episcopal Conference expresses its indignation in these terms: “he imposes (Jovenel Mois e) arbitrarily to the Haitian People which simply goes against true values”
The Bishops go on to remind the apprentice dictator that: “THE RESPONSIBILITY OF EVERY LEADER OF THE PEOPLE IS TO MAKE THEM BETTER. SUCH IS NOT THE CASE WITH THESE DECISIONS OF DECREES CONTRARY TO THE LAW AND COMING FROM A NEW IMPERIALIST AND NEOCOLONIALIST MENTALITY. »
The strong forces of the country said NO to the decrees that are bad about Jovenel Moise.
When Guichard Doré and Alfredo Antoine stammer.
To hear, the former Member of the 50th Legislature and an unwavering ally of Jovenel Moise who tries, with sadness, to defend the reason for this Decree of Shame – he is precisely afraid to cite the names of the Embassies who pushed the President Jovenel Moise to make these decisions… he is content, to say the least lame, to say that Western Embassies! He would, if he were a statesman as he always claimed to be, cited the names of these Embassies. Where was he during his time in Parliament?
During a program presented by Yvenert Joseph, Guichard Doré said: for him, he advised the President well… in repulsive slips of the tongue, he also tried to justify the stupidities of the President and the incompetent laxity of the latter’s advisors…
What to do with these numerous decrees
After more than 3 years of lies, Jovenel Moise, who is fighting with his shadow, is only taking stillborn decrees to justify his move to the head of the first independent black republic in the world. Behaving as a special envoy of white people, he acts and breathes only under the dictations of the international community and the merchant bourgeoisie… These provisions taken in this Decree on the Penal Code risk undermining the moral bases of Haitian society – a society already faltering at all levels. It involves the difficult and complex questions of human life:
a) of sexual majority
b) incest
c) sexual orientations
d) sex change
e) the independence of judges
f) free exercise of the profession of lawyer etc…
If in the general theories of political institutions, we intend to define the Executive power as the module of execution of laws outside the jurisdictional power, this does not mean that “The President” has both hands free to make and undo the provisions of laws.
The bulimia of Decrees:
– Decree on public procurement
– Decree on the national identification card
– Decree on matrimonial regimes
– Decree on the Council of the Order of Security
– Decree on Credit Leasing – lease for professional use
– Decree on the Penal Code etc…
These decrees taken without any constitutional formula are illegal although they have the force of law in their nature but will be repealed in their form and content with the arrival of a new (responsible) government who will be able to make new laws to re-determine the foundations focused on development, morality and respect for the culture… of a new Haiti.
Note that the Constitution of 1987 includes new rules intended to protect citizens and limit state powers to avoid a return to a new dictatorshipit is up to you to prevent a return to barbarism and unique thinking.
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