23068: Joseph: Letters to the Washington Post and The New York Times /By Gerard Latortue (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Jean-Junior Joseph <jean_junior@yahoo.com>

	République D’HAITI

Le Premier Ministre

                      August 23, 2004

 Dear Editor,

      Your editorial of August 20th, 2004
misrepresents the facts in the way it treats the
verdict rendered by the Haitian Court in the cases of
MM. Jodel CHAMBELAIN and  Jackson JOANIS. It treats
this verdict more with the natural pessimism that
Haitian issues are dealt with generally than by a
serious analysis of the bottlenecks facing my country.

     It is inappropriate to make my Government
responsible for a judicial verdict while at the same
time upholding the separation of powers and the
existence of an independent judiciary. While one may
be personally unhappy about the verdict, it is only
through tile reforms currently undertaken by my
Government that we can bring changes in the way the
judicial system operates in Haiti. I hope you
understand my views and that you will highlight for
your readers the significant differences between my
Government and a judicial system in need of an
overhaul that will only come with time and assistance
from the international community.

      Best regards,

                   Signature

GERARD LATORTUE

********************************************

République D’HAITI

Le Bureau du Premier Ministre


PRESS RELEASE

     The Office of the Prime Minister and  the
Ministry of Justice have noted with much interest the
reactions. provoked by the verdict returned for MM.
Jodel CHAMBELAIN and Jackson JOANIS at their trial
pertaining to the murder of Mr.. Antoine IZMERY. The
Government understands the shock provoked by this
verdict. For the edification of  the public the
following points should be made:

1. The Interim Government is deeply committed to the
independent functioning of the judiciary.

2. The setting of dates for the criminal assizes is
solely and exclusively the responsibility of  the
Doyen of the' Trial Court. (Article 184, of the
Criminal  Instruction Code).

3. People sentenced in absentia who are later arrested
or surrender themselves must have  a new trial. In
such cases, the law does not allow the reopening of
the investigations (Article 377, Criminal Instruction
Code).

4. The preliminary investigations of Mr. Antoine
Izmery's murder were conducted under  the presidency
of Mr. Aristide and a trial was held during the
criminal assizes in the Summer of 1995. The new
prosecution authorities could only proceed according
to the 1995 adjournment order regardless of its
weaknesses.


5. The not guilty verdict in favor of MM. CHAMBELAIN
and JOANIS was returned was returned by a jury of
people chosen after a lengthy process, thirty-eight
(38) people were challenged by the defense and
thirty-five (35) by the prosecution.

6. Although they have been found not guilty MM.
CHAMPLAIN and JOANIS remain incarcerated while facing
other charges.

7. The Office of the Prime Minister and the Ministry
of Justice would like to stress for the benefit of
observers, multilateral and governmental institutions,
as well as partners who supported the establishment of
the rule of law in Haiti, that this trial took place
in strict conformity with Haitian laws. It should also
be underscored that the judicial independence clamored
by everyone forbids government interference in the
judicial process.

Port-au-Prince, August 20, 2004













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