ARTICLE - GAILLOT DOES NOT APPEAR

GAILLOT DID NOT APPEAR YESTERDAY BEFORE JUDGE ALTIDOR
(Haiti Libre) -

Convened yesterday, Wednesday, in the office of the investigating judge Yves Altidor, Gaillot Dorsinvil, the former President of the Provisional Electoral Council (CEP) accused of bribery, corruption and collusion with officials, conspiracy, crimes against the Constitution, and violation of political rights did not appear, preferring to be represented by his lawyers, Mr. Reynold Georges and Mr. Osner H. Févry.

Mr. Févry indicated that he asked judge Altidor to divest of the case and to leave it for the High Court of Justice, the only court empowered, to rule on the charges against his client. "[...] We asked the judge to divest of the case, because there is a law of jurisdictions in this country, and this law does not allow the civil court of Port-au-Prince to seize electoral matters, and act as a mobilizing body in terms of national justice. The High Court of Justice must seize all actions of an electoral adviser in the exercise of his functions [...] The judge [Altidor] said that his decision has been made and that he wants at all costs to hear Mr. Gaillot Dorsinvil and we explained to him: Judge, the question of jurisdiction is a public order, and you can not compromise on this. The Prosecutor of Port-au-Prince has no jurisdiction on another prosecutor of the Republic. The Civil Court of Port-au-Prince is one of 18 courts of the Republic, so a single court can not judge [...] There is a law on the judiciary in this country, and this law established 18 jurisdictions. There are 18 Commissioners in the Government, 18 civil courts, 18 Deans. A single judge can not decide that he has a national jurisdiction to hear election issues. That's why the election law decided that all the acts performed by an Electoral Council or by Electoral Advisers, will depend on the High Court of Justice, which can be formed only at the initiative of the Chamber of Deputies [...]"

Mr. Févry also informed that he had written to the President of the Justice Commission of the Lower House, Deputy Danton Léger, to inform him of what happening at the Prosecutor of Port-au-Prince; so that he assimilates to a reckoning "[...] A letter was addressed to the President of the Justice Commission of the House of Deputies and by this correspondence, we have informed Mr. Daton Léger, that there is a 'drift' that is being committed here, in the Civil Court of Port-au-Prince, because the prosecutor of Port-au-Prince, was granted a monopoly on the referral of a case while, the prosecution has no right to investigate matters that also fall under the jurisdiction of the prosecution of Port-de-Paix, Jeremie, Jacmel... The elections were not held only in Port-au-Prince, not only in the department of the West [...] But if the prosecutor of Port-au-Prince feels proficient to send a case before the investigating judge of Port-au-Prince, why not that of Jacmel, La Gonâve, Port de Paix, Jérémie, Anse à Veau or of Saint-Marc? That's why the electoral law has said [...] that members of the Electoral Council are justiciable only before the High Court of Justice.

But if they want to make of it a political issue, at that time, they can do whatever they want with Mr. Gaillot Dorsinvil or another member [of CEP], but in this case, we will do what the law provides in such circumstances..."