Into The Oven Baking Cups

CONCEPT TO COMBAT

CONCEPT TO COMBAT

Criminal procedure itself necessarily includes the phases of the preliminary inquiry, investigation and possible remedies. In these phases in addition of course that of referral to the trial court. Each of these steps takes a space of time ... hence the requirement to prescribe to counter possible abuses.

The deadlines in criminal cases are usually time of order and strict enforcement, that is to say, they are considered essential procedural requirement, and therefore, required on pain of nullity. Unfortunately, these requirements are scarce in Haiti and the criminal law does not take into account that some stages of the proceedings, with a vagueness that gives rise to various interpretations.

Explicitly, the deadline for the government commissioner to the judge investigating a case with the indictment to inform is not defined, also one between the service of the order closing - not being appealed - and the drafting of the indictment ... to name a few.

These, are not regulated, often extend over long time periods and create a situation of uncertainty, may not only cause harm to detainees, but also adversely on administrative records.

This shortcoming prompted the Haitian government to adopt a general principle of law, namely, the notion of "reasonable time", which finds expression in the formal legal American and European Conventions on the Rights of Man. However, the implementation of this concept has an obvious drawback: the application criteria raise problems of interpretation.

We know of cases where people jailed under the orders of the government commissioner spend months in jail before it transmits the entire file the accused the firm of instruction for the indictment of it. There are defendants who are kept for two years or three years in custody despite an order by referring them to a court-for trial.

meantime, what is the legal status of these people?

Humanly, where the officer concerned that undergoing the throes of a prolonged and arbitrary detention over a long period is to be pitied, especially when the prosecution has not yet entered the office of education, or the Magistrate instructor has already given its final order.

Whether in a''time reasonable''or''without delay''every judge appreciates and performer in his own way, without a prescription clearly established. The concept is not defined, it is a fact. Also, would it be desirable for the government, the parliament's justice commission in communion with the various judicial bodies impose strict rules of time, rules that would benefit not only to meet the legitimate rights of the parties and avoid arbitrariness, but also to force the justice system in general and judges in particular to improve their management.

Heidi FORTUNE
Magistrate, Magistrate
Cap-Haitien, Haiti
This

March 9, 2008 Read more ...