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Haiti, is it necessary to refer to the Court of Cassation to approach the current crisis?

  • May 10, 2024
  • 17
  • 4
haiti,-is-it-necessary-to-refer-to-the-court-of-cassation-to-approach-the-current-crisis?

A look at reality.

Upset, battered by this multifaceted crisis maintained by antagonistic interests, our dear Haiti resembles a ship lost on the high seas and tossed around by waves of all kinds, roaring and furious. Every day, he must face new threats that portend many misfortunes. The sailors have thrown themselves into the water and the sailors are sailing without direction or experience on this stormy sea which causes fear and shivers in the face of sharks, sea monsters which are becoming more and more threatening to cause a debacle just to satisfy their gluttonous appetite.

Signs of distress are not picked up or interpreted while the passengers are dying, dying of hunger and thirst. The weather is cloudy, the sun does not appear on the horizon. No possibility of orienting yourself with the naked eye. So, straight away, amateurs appear who know neither the sea nor the reality of the ship, improvising themselves as master sailors to guide the sailors towards chasms which will cause the destruction of the ship, the drowning of passengers and passengers. sailors. In extremis, at the height of despair, in the hold of the ship there is a compass which was put aside by the sailors who believed neither in God nor in science but in a host of eminent individuals that they gave themselves. We were crying out loud since the compass which is made to guide sailors was found. But it was a great surprise to see heated discussions arise between the sailors to say no, the compass is obsolete, it is not applicable. No, we are not going to use it.

Let’s continue to listen to our fans, they are in good faith. Let’s apply their recipes. And the rest of us, let’s try a new formula to pilot the ship, trust our intuition, you know we are very ingenious, we will amaze the world. Here is what we are going to do, we found a new trick to retrain ourselves, instead of now having a sailor in control of the ship with the compass as a guide, let’s put seven (7) sailors to hold the rudder with two sailors for the to entertain. And the deal will be done. And, the passengers in all this? We’ll talk about it again in due course, let’s do it. This is now the reality of our country.

What is the state of the situation on an institutional level?

We all know, dear compatriots, the strength of any country, of any nation lies in its laws, its principles and the strength of its institutions. You don’t run a country with agreements here and there. Our country is in crisis quite simply because the laws, principles and institutions have never been respected. Mr. Jovenel MOISE did not respect article 134-2 of the so-called amended constitution on which he had taken an oath. He did not organize the elections according to the wishes of the constitution to renew the country’s democratic institutions. He died leaving a country in institutional crisis, the parliament was not renewed, the Court of Cassation dysfunctional with only three or four judges regularly appointed in 2019. Prime Minister Ariel HENRY who was tweeted to power had 60 days to organize elections to elect a new president and make the country and democratic institutions functional, he did not do so. Like a good yoyo in the hands of his masters, he spent thirty months in power without doing anything for the country and for the people until he was “ddnised” (operation DDN)

again with the complicity of those who had yoyotized him. Now, we have a country on the verge of catastrophe without legislative power, without local authorities, a resigned and dysfunctional executive power and a judicial power with certain judges illegally appointed to the Court of Cassation.

What to do ?

It is truly laughable to hear compatriots say that we cannot refer to the 1987 Constitution and we must ask ourselves why? Please note that the constitution has not been abolished. Which means, she stands. Incredible but true to note that it is easier to conclude illusory, discordant agreements, to sign self-serving compromises than to refer to the country’s constitution? What nonsense ! What an aberration! What a racket! What ! we want to leave aside the mother law (the Constitution) of the country to refer to chimeras, unnatural alliances to satisfy the petty interests of these vultures, eternal politicians before the baron, chameleons of all colors who never say enough or No. Dear compatriots, let us ask what is the problem with the constitution? What aspects of the powers of the President of the Republic are not applicable now? If there are two (2) or three (3), we will put them on the back burner. What is the problem ? In this situation, it is necessary to refer to the constitution to choose a judge from the Court of Cassation to lead the country during the transitional period.

Why do we have to refer to the Court of Cassation to choose a president?

According to article 59 of the 1987 Constitution, Haitian citizens in whom national sovereignty resides delegate the exercise of this sovereignty to three powers:

1) The legislative power

2) The executive power

3) The judicial power

Article 173 of this same constitution tells us that judicial power is exercised by the Court of Cassation, the courts of appeal and the tribunals.

What does the Constitution say regarding the exercise of national sovereignty?

We all know that the legislative branch has not existed for more than three years. The executive power is resigned, dysfunctional. The power which holds until now, with of course shortcomings among those to whom the exercise of national sovereignty is delegated, is the judicial power headed by the Court of Cassation (Art 173). Consequently, in the name of the Constitution and the superior interests of the nation and for the safeguard of national sovereignty, the judicial power, through the Court of Cassation, must, without hesitation, immediately take control of power and all forces security of the Republic must swear allegiance to him. Failure to do so is a flagrant violation of the Constitution and a crime of treason which is punishable by the judgment of the high court of justice (Art 186) of the Constitution.

What is the reality at court level?

The desire to torpedo the laws of the Republic and to sabotage all institutions for the benefit of petty interests has led to the systematic violation of the laws of the Republic with impunity. According to article 175 of the Constitution, the appointment of judges to the Court of Cassation is the prerogative of the

President of the Republic and the President alone. He appoints them from a list of three (3) people per seat to be submitted to him by the Senate of the Republic (Art 175).

What is the state of the situation at the Court of Cassation?

When President Jovenel MOISE died, there were three judges regularly appointed in 2019 by him. They are: Jean Claude THEOGENE, Jean Joseph LEBRUN and Barthelemy ALTENOR.

Therefore, in flagrant violation of the Constitution, Mr. Ariel HENRY, who believed himself above the laws and the constitution, appointed judge Jean Joseph LEBRUN president of the Court of Cassation. The question to ask: how could a career judge with an unblemished career path accept such a promotion from a layman (in law)? Where is the professional ethics in all this? In what interest are the virtues lost here? Other questions can be asked to try to get the eel out from where it is hidden? Why wouldn’t the Vice President have been promoted if we wanted to be fair? Was he not entitled to this privilege? Unreason of reason or the law of advantages? I’m trying to understand. Thus, Magistrate LEBRUN discredited himself to become the new President of the country for having accepted this promotion outside the law while he had put on his lawyer’s toga. Should the law be respected or not, dear Master, defender of rights?

Who to choose at the level of the Court of Cassation to lead the country?

Faced with all this, it is up to choosing one of the two remaining judges appointed regularly in 2019, namely:

1) Jean Claude THEOGENE, the current vice-president

2) Barthelemy ALTENOR

To those who tell me that it is the president who must be chosen even if he was poorly promoted, I will refer them to the case of Madame Ertha Pascal TROUILLOT in 1990 who was chosen as President of the Republic even though it was was judge Gilbert AUSTIN who was appointed President of the Court of Cassation by General Prosper AVRIL at this period (February 17, 1989 to March 13, 1991).

Finally,

Ladies and Gentlemen, Politicians of my country, Stop the degradation of the country. What ! you look to CARICOM to dictate what decision to make for the country when the constitution is clear on what needs to be done. Since when did the Haitian people choose CARICOM to be their reference in matters of law? Who gave you this mandate, who gave you this right? Members of this resigned government, do you know that history will judge you for having compromised the sovereignty of the country? It’s time to learn to respect the law. This seven-headed vermin is not going to rule over us. Haitian people, prepare to face it bravely. In this sense, I therefore invite all those who are respectful of the constitution, of the laws of the republic to unite to block the path of these traitors, these conzes who only aim for their petty interests to the detriment of the great dying majority . The situation is serious, the people are suffering, the country is dying and the birds of prey are fighting over their prey. Is there anyone who can say: “ Ase fout » ?

Haitian people, rise up to demand the application of the law, of the Constitution as did the Resolution of the Ouanaminthe National Congress which advocates a two-headed executive with a president from the Court of Cassation among the regularly appointed judges including the course is not subject to doubt and the appointment

of a consensus prime minister chosen in concert with political parties, civil society and the private business sector.

Saint Peter DESTINED,

Committed Haitian