7115:Re: 6988: Toussaint and Art.115 (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Sabine Albert <sabinea@yahoo.com>

> 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.
> 
> Patrick
> 

In theory, no one is above the law when law makers
have the capacity to exact punishment on those who
break the law.  Who will punish (fine or imprison)
Danny Toussaint or any other Lavalas big-shot for
breaking the law; in this case not answering the
subpoena.

The primary issue is not only one of DT's guilt or
innocent but the lack of reverence to the law that the
powerful and the wealthy in Haiti have coupled with an
aversion for Haiti's judiciary.  In any governmental
structure the judiciary has no power and must rely
greatly on the executive branch of government (police
national) for support.  

This leads to another issue.  How much control does
the president (in this case Aristide) or his appointee
really have on the Police National?  If they do have
control, why have these forces never been used to
establish order or support the law.


=====
Sabine Albert