24209: Senou (comments) The Haitian Constitution: the Haitian justice minister must be replaced (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Senou <senou@yahoo.com>

The Haitian Constitution: the Haitian justice minister
must be replaced

ARTICLE 25:

Any unnecessary force or restraint in the apprehension
of a person or in keeping him under arrest, or any
psychological pressure or physical brutality,
especially during interrogation, is forbidden.

ARTICLE 26:

No one may be kept under arrest more than forty-eight
(48) hours unless he has appeared before a judge asked
to rule on the legality of the arrest and the judge
has confirmed the arrest by a well-founded decision.

ARTICLE 26-2:

If the arrest is judged to be illegal, the judge shall
order the immediate release of the arrested person and
that order shall be enforceable immediately,
regardless of any appeal to a higher court or the
supreme court for an order forbidding enforcement of
the judgment.

ARTICLE 27:

Any violation of the provisions on individual liberty
are arbitrary acts. Injured parties may, without prior
authorization, appeal to the competent courts, to
bring suit against the authors and perpetrators of
these arbitrary acts, regardless of their rank or the
body to which they belong.

ARTICLE 27-1:

Government officials and employees are directly liable
under civil and administrative criminal law for acts
carried out in violation of rights. In such cases,
civil liability extends to the State as well.

http://www.haiti.org/official_documents/87constitution/doc_constitution_en_title3.htm

-----

We need to learn to respect the constitution of a
Country. This caretaker government has the duty to
implement and respect the law.  Ote-toi, j’y me mets
and continue doing the same thing. They blamed the
members of the former regime for targeting the members
of the opposition and today the members of the former
regime are in hiding or in jail without due process
while the leaders of the former army who initiated an
armed struggle against a citing president that killed
more than 300 people are walking freely on the
streets.   Failing to respect the law may force
citizen to take matter into their own hands and this
is what you are seeing and are going to see taking
place in Haiti.


Once a judge ordered a citizen to be released he/she
should be released, do not try to fabricate or bring
other charges like the Lavalas government did to
General Prosper Avril. In Haiti, once you are arrested
whether you are innocent or not, they will find a way
to keep you in jail and this practice is not
acceptable.

 According to these articles above, many folks should
be released and this must take place immediately.
Anyone kept beyond 48.001 hours without seeing a judge
should be released; Oops! There are not enough judges,
c’est votre affaire.

The treatment of Father Jean-Juste had violated
article 25 of the Haitian constitution and it has
appeared that many people are kept in jail without
seeing a judge beyond 48 hrs and this is a violation
of article 26 of the Haitian constitution.

 Therefore, I call upon the Prime Minister to replace
the Haitian Justice minister immediately and appoint
someone who understands the due process and that
person upon taking office must release anyone who was
kept in jail without seeing a judge beyond 48 hrs.


Joseph Alfred
P.O. BOX 1022
Douglasville, GA 30133-1022
Joe_Alfred@yahoo.com





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