MASTERS, GIVE THANKS TO OUR JUSTICE IN AGONY
Far from wanting to blame certain legal professionals, as a Haitian citizen and lawyer, I would like to ask them for MERCY for the justice of our poor Haiti.
These days, some lawyers publicly take actions that could undermine the authority of justice. Worse, they further hinder the emergence of a rule of law in Haiti.
As an example, I cite Me. Garaudy L. TOUSSÀINT and Me. Samuel Madistin who aggressively criticize the courageous investigating magistrate Al Duniel Dimanche for an order taken against lawbreakers in a corruption case at the CNÉ.
Regarding the position of Me. Garaudy L. TOUSSÀINT, I find it necessary to share with the public the latter’s note in extenso, for the purposes of a better understanding of my point of view:
« The perverse effects of Judge Dimanche’s villainous order
By issuing this flood of warrants against former senior state officials, Mr. Al Duniel has thrown a spanner in the works. The personalities indexed in this saga must take very seriously this pernicious approach of this judge who has now endangered the lives of these people. And I am certain that Judge Dimanche is well aware of his wickedness and his bad faith. Justice, it is always said, should not experience scandal but it dies from it. By ordering the DCPJ, all police stations, law enforcement officers and even ordinary citizens to arrest these dignitaries, it is a political act that could turn into a real bloodbath. There is a serious risk that this will turn into a “Bwa Kale” movement. The competent authorities must do everything urgently to avoid this predicted catastrophe in which the country risks losing a lot. The Superior Council of the Judicial Power, the Council of Ministers, the Superior Council of the National Police, the Minister of Justice and the dean of the Court of First Instance of Port-au-Prince must, as quickly as possible, take the necessary measures. imposed in the circumstances in order to avoid any slippage and put an end to this personal vendetta that Monsieur Dimanche wants to execute. Agents of the Haitian National Police, this republican institution, cannot execute any manifestly illegal and arbitrary order. Nor can they serve the personal causes of any political actor. Mr. Al Duniel Dimanche’s current actions are those of a political actor seeking a certain visibility and popularity in the run-up to the upcoming elections in the country. It is common knowledge that investigating judges work on behalf of the government commissioner, the company’s lawyer and head of the prosecution. It’s a BA BA in law. It is through them that the judges in charge of an investigation must send their requests, whether for appearance warrants, arrest warrants, arrest warrants or even requests for prohibition of departure to the Ministry of Justice. the Interior in charge of the Directorate of Immigration and Emigration. The dignitaries indexed and for whom warrants of appearance and today arrest warrants were issued, were only informed through social networks. The online Journal (Radio Télé Métronome seems to be the ideal channel for Judge Dimanche to reach his targets. To our knowledge, and until the time of writing this paper, no act emanating from the government commissioner has been served to these dignitaries whom the judge, in his latest order, describes as “outlawed”. Worse still. And it’s unheard of! Judge Dimanche, by transporting himself to the Central Directorate of the Judicial Police (DCPJ ) to hand over the mandates, clearly shows that he is pursuing a political objective. I advise governments and the CSPJ to act urgently to stop this drift which can lead to cascading effects and serious consequences in society.
Me Garaudy L. Toussaint Expert in Sociology you Development, PHD January 6, 2024.”
In terms of the importance and obligations of lawyers in a judicial system, let’s make a small connection between a lawyer in Quebec and a lawyer in Haiti to better understand the mission incumbent on the lawyer.
Article 2 of the Act respecting the Barreau du Québec establishes that the lawyer exercises a public function before the court and collaborates in the administration of justice.
According to section 24 of the Supreme Court of Canada Act, a lawyer is defined as follows: “Anyone who can practice as a lawyer or prosecutor at the Court is a judicial officer.”
In the decision Attorney General of Canada v. Law Society of British Columbia, the Honorable Justice Estey specifies the role of officers of the courts (1982) 2 RCS, 307, 305, EYB 1982-149030:
“There are a number of reasons why a province might well legislate in the area of regulating members of the Bar. The latter are court officers constituted by the provinces, they are given confidence every day” (Collection of Law, Ethics, professional conduct and practice, École du Barreau du Québec, P.123; year 2019-2020).
Article 54 of the Decree of March 29, 1979 regulating the legal profession in Haiti states: At the hearing and everywhere, the lawyer must proceed with all loyalty for the triumph of justice, with all moderation of language necessary for the good harmony between the Bar and the Judiciary.
With these considerations in mind, I seek to understand the motives that could justify such irreverent or aggressive behavior by a lawyer towards a magistrate who makes a decision in accordance with the law.
However, I wonder:
Is Mr. Toussaint unaware that the magistrate acts in the name of the Republic when he performs a legal act?
Does Mr. Toussaint not know that a lawyer must refrain from making public statements or communicating information to the media regarding a matter pending before a court if he knows or should know that this information or these statements risk compromising the authority of a court?
Following the aforementioned Decree of March 29, 1979 and the rules of ethics and professional conduct, does Me Toussaint not understand that a lawyer has the obligation to preserve the honor, dignity and reputation of his profession and to contribute to the sound administration of justice in order to maintain a bond of public trust in it?
Will the Bars of the Republic not say a word to the lawyers-critics of the courts to safeguard the prestige and honor of the legal profession?
Moreover, every lawyer must know that the law outlines the procedure to follow when a magistrate exceeds his rights. That said, a person who thinks they are within their rights only has to go to court to assert their rights.
Despite everything, I invite Judge Dimanche not to give up, because honest and progressive people are in solidarity with you in your fight against corruption, which is so essential to the development of our dear Haiti. You are the only judge to dare to call into account a considerable fringe of the country’s political oligarchy. This is a great first in the contemporary history of Haiti. BRAVO Judge!!!! It should be noted that many of them are indexed in international sanctions.
When will the turn of the economic oligarchy come?
At the end of my reflections on the ontological and ethical failings of Mes. Toussaint and Madistin in their obvious desire to discredit the work of the judge, an idea emerges: “In terms of the law, the Bar must seize this opportunity to definitively curb the excesses of lawyers towards magistrates”. In doing so, he sends a very strong signal allowing the legal profession to recover its prestigious meaning for the triumph of Haitian justice. I also take this opportunity to ask all good women and men to support Juge Dimanche in his desire to eradicate the scourge of corruption which is eroding all social fabrics.
Thursday January 11, 2024
Me. Roosevelt Verdieu ROSIER
Lawyer at the Quebec Bar, Canada
General Coordinator of Vent du Nord
[email protected]
