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6988: Toussaint and Art.115 (fwd)

From: patrick sylvain <sylvaipa@hotmail.com>

I am not a lawyer nor someone trained in constitutional law. However, my 
background in political science and the few courses in international law as 
well as U.S. constitutional law have provide me a framework to some what 
touch upon this subject. Beside a bit logic would also allow the pieces to 
fit.  Unfortunately, rules of laws, the rethoric of jurisprudence and 
everything (anything) that falls within the legis-corpus in Haiti have 
always been disregarded or favored over by the defacto MIGHT. Hence, our 
problem with democracy and the establishment of a Republic. After all, Haiti 
IS a "republic."

-- Chanel reported:
>Senator Toussaint answered only one of the three subpoenas he was
>issued to testify before the inquiry. He again did not answer the
>judge's summons last Wednesday. However, another senator who was
>called upon to testify, Jean Claude Delice, did appear. Delice was
>called because his car was spotted near the crime scene shortly
>after the assassination occurred.

>The question being debated here is whether a judge has the power
>to subpoena legislators. Senators have expressed their intention
>to ignore such summonses.

>Jurists, however, have entered a contrary opinion. They believe
>that the judge does indeed have such a prerogative, and that the
>senators are legally bound to appear. They are not being accused
>of a crime, but are merely being asked to testify like any other
>private citizen.

>The President of the Senate, Yvon Neptune, maintains that the
>constitution specifies certain procedures to be followed ''in the
>case of a judicial proceeding''.

>Article 115 of the 1987 Haitian Constitution indicates that ''no
>member of the legislative body can, during his mandate, be arrested
>for a criminal, legal, or police matter for a violation of common
>law without authorisation by the chamber to which he belongs, except
>if caught in flagrante delicto''.

The questions are simple:
1) Was Dany Toussaint allegedly a suspect (prime or otherwise) in the murder 
of Jean Dominique?

2) Are there probable causes, motives or interests, to implicate Toussaint, 
either by direct link or indirectly by him inciting violence (implied or 
applied) against J.Dominique?

3) Has he, Toussaint, in the past made threat, provoked, caused fear against 
the person of Jean Dominique?

4) At the time of the crime, was Toussaint an elected member parliament or 
was he serving as an official of the government?

if the answers are YES for number one to three and No for number four, then 
article 115 does not apply. Beside, weren't Dany Toussaint subpoena(ed) 
prior to his mandate as a senator?

In a republic, NO ONE IS ABOVE THE LAW.  Until such concept can be partially 
engraved in haitian mind and applied throughout the "institutions", there is 
no way Haiti will peacefully and deservingly enjoy DEMOCRACY.


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