THE HEAD OF THE STATE WANTS TO JUSTICE EXECUTIVE ORDERS
In the Haitian justice system, the Magistrate is responsible for investigating criminal cases the most serious and complex. Independent of executive power, untouchable and never responsible (in theory), he learned to load and discharge, thus ensuring fairness of justice. So it's an investigator to establish the facts and prepare the case for the possible holding of the trial. But this central character of the criminal proceedings in Haiti, considered too powerful by more than one, do not like the President of the Republic. According to him, he should abolish the post of Magistrate's powers and entrust the investigation to prosecutors. And René Magloire, one always comes to the scandal, which played the role of the angel heralds the terrible tsunami that threatens the Haitian justice.
Must remember that the Government Commissioners and their deputies are fully hierarchically and submitted to the Minister of Justice, member of the Executive. This new system would allow men to escape a number of trials as we have seen in recent days ... Completion of this project will be another demonic influence that enhanced the power of justice. And we believe it is essential to know the motivations of the Head of State to want to disappear so the Magistrate. This is another step towards totalitarianism, an aberration, a regression and a legal threat to judicial independence.
The tone was already given by the de facto Vice President of the Court of Cassation in his oration on the occasion of the reopening of the Courts last October 4. He returned to the ranks after being threatened with repeatedly removed by the authority. Platitude! Rene Magloire and to extol the merits of the work of others. French President Nicolas Sarkozy has done work that is worth even when his project was no good recipe in his country. The "Report of Light" has been slavishly copied by a baboon who's not all done to Haiti. There is ... for trial. There is no question of respect for intellectual property under copyright law enshrined. While the debate is heating up in France on the eventual end of the Magistrate, the Elysée is considering to make provision of this supersonic aircraft to facilitate his movements.
The reasons for the removal of Haitian magistrates do not because the real issues are never discussed, for example: the problems of resources, texts and too outdated classification of criminal offenses. How Investigating Judges in the provinces has a company car, computer, operating costs like the Government Commissioners? Sometimes they are forced to pay in their pocket the cost of transporting witnesses residing in remote areas and can not meet the summonses served on them. It is easy to criticize but what have they done for their convenience? Investigative judges are not responsible for the problem of prolonged pretrial detention too, must look elsewhere. And even when it is not a reason not to want their heads. Because, fundamentally, the Instruction maintains a balance between the rights of defense and the need for public action. This confirms that indeed there are people in this government who are scared to death of Justice.
can blame Investigating Judges many abuses but remove them to entrust the investigation to the Statutory Government objectivity ... where will you be when sensitive cases involving members of the government or close to power? It deserves reflection and discussion!
Heidi FORTUNE
Magistrate, Magistrate
Cap-Haitien, Haiti
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October 24, 2010 Read more ... 
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