Following the appointment of three new Judges to the Court of Cassation replacing those who were retired by the presidential decree of February 8, 2021, ANAMAH, APM, AJUPHA and RENAMAH say they are deeply appalled by these measures. Magistrate associations announce a work stoppage from Monday February 15 until the Executive reconsiders its decision.
The decree of February 8, 2021 retiring the Judges Yvikel D. DABREZIL, Wendelle COQ THELOT and Joseph Mécène JEAN LOUIS, violated the prescriptions of article 177 of the Constitution, according to Magistrates Jean Wilner MORIN from ANAMAH, Marthel JEAN CLAUDE from APM, Ikenson EDUME from RENAMAH and Michel DALEXIS from AJUPHA, signatories of a common position.
For lawyers, the decree dated February 11, 2021 appointing citizens Louiselmé JOSEPH, Octelus DORVILIEN and Pierre Harry ALEXIS Judges at the Court of Cassation is also contrary to the provisions of article 175 of the constitution, of the article 28 of the law of 27 November 2007 on the statute of the Magistracy and those of the law of 13 November 2007 creating the Superior Council of the Judicial Power. Which, according to them, can only arouse the indignation of the corporation.
To challenge the decision of the Executive, the Associations of Magistrates intend to observe a work stoppage from Monday, February 15, 2021, until the Executive hears reason and respects the Constitution, the Laws of the Republic. and the International Conventions enshrining the principle of the separation of powers and the independence of the judiciary in order to avoid the total collapse of democratic gains, we read in the note.
Further on, the associations demand the reinstatement of the clerk Christophe ESPERANCE illegally revoked, according to the magistrates, by the Minister of Justice for having sat at the Habeas Corpus hearing initiated in favor of the Judge DABREZIL.
The President and Vice-President of the Court of Cassation, Magistrates René SYLVESTRE and Jean Claude THEOGENE, as well as the Honorable Judges of the Court are called upon to scrupulously observe this work stoppage and must refuse to receive the oath of the Sieurs Octelus DORVILIEN , Pierre Harry ALEXIS and Louiselmé JOSEPH to avoid the collapse of Haitian justice, continues the note.
For the success of this approach, the associations of Magistrates also seek the collaboration of the National Association of Haitian Registrars (ANAGH), the Federation of Bars of Haiti (FBH) and other sectors of civil society.
Marvens Pierre
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