Wednesday, July 4, 2012

ARTICLE - A HISTORICAL SWEARING

A HISTORIC SWEARING
(Haiti Libre) -

President Michel Martelly, proceeded on Tuesday, July 3, 2012, to the inauguration of members of the Supreme Council of Judicial Power (CSPJ), the first since the elaboration of the Constitution of 1987. The historic swearing in ceremony took place at the School of Magistrates in the presence of the Presidents of the Senate and House of Deputies, MM. Simon Dieuseul Desras and Levaillant Louis-Jeune, of Judges of the Court of Cassation, Prime Minister, Laurent Lamothe, members of the Cabinet of Ministers, Magistrates, and representatives of the Diplomatic Corps, Consuls, and Civil Society.

"I swear to respect the Constitution, laws and regulations of the Republic, to ensure the regular functioning of the judiciary, and the protection of rights of the litigants," proclaimed the 9 members of the CSPJ presided by Arnel Alexis Joseph, President of the court of Cassation, who stated that the CSPJ is "the administrative body, for the control, monitoring, discipline and deliberation of the judicial power", "from now on nothing will be like before," he added.

"The pride I feel in this special moment, is commensurate with the redoubtable honor which is your responsibility now, Ladies and Gentlemen honorable members of the CSPJ, to find yourself at the controls of that entity as the primary guardians of the independence of the judiciary. You enter into history as the first personalities entrusted with the task of organizing the judicial institution, to ensure regular and effective functioning of Courts and Tribunals, and to approve their internal regulations [...]," declared the Head of State, who is convinced that the judicial power acquires thus its rightful place in the building of the democratic regime; that this regime works to establish, irreversibly, for the welfare of the nation.

"[...] the magistrates have long suffered from a weakened judicial authority. They will begin truly to fully exercise their functions today, with the creation of the first Superior Council of the Magistracy. The new order is on, it will not stop or back up, it is irreversible. [...] The Executive will refrain from interference in the certification procedure of judges [...] it will remain attentive to the conduct of the certification process and will follow, in a spirit of cooperation, the certification work made ​​by the Council. The hope of the Presidency is that the temple of Themis [Greek Goddess of Justice, Law and Equity] remains the sanctuary, where the word of law, is expressed in total freedom. Ladies and gentlemen, honorable judges [...]the minutes of swearing that have been made this morning serves as an act of independence of the judicial power; thus you enter into a new social, political and institutional dynamic.

Between your powerful hands is played now the fate of the national judiciary. Be constantly vigilant in the fights that you are called to lead in the defense of that independence, without which the moral authority that is the prerogative of your duties may be only an illusion. The executive branch is under no illusions; without the informed action of the judiciary involved in the independence and dignity of the the best laws, the most beautiful restored code will remain dead letters. That is to say that the entire nation will remain attentive to your work, and to your success. As we enter this new era, I renew my patriotic greetings to all Magistrates who are dedicated to this delicate and often difficult work to do justice to whom justice is due, regardless of the degree of wealth and rank, without discrimination of any kind. It finally addresses to the distinguished members of the Supreme Council of Judicial Power its desire for continued success in the fulfilling of its noble mission..."

In addition to the establishment of the CSPJ, President Martelly had appointed last year a President, a Vice-President and five Judges to the Court of Cassation, to complete entirely this judicial institution; which had never been the case since 2004.

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