26879: (news) Chamberlain: Haiti judges on strike over firing of justices (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Greg Chamberlain <GregChamberlain@compuserve.com>

     By Joseph Guyler Delva

     PORT-AU-PRINCE, Haiti, Dec 13 (Reuters) - Judges across Haiti refused
to hear cases on Tuesday to protest against the interim government's firing
of five Supreme Court justices after the court allowed a Haitian-American
millionaire to run for president.
     Judges and public prosecutors from the Haitian National Association of
Magistrates were participating in the five-day strike, which was called on
Monday. It was not clear exactly how many were participating, but the group
represents many of the country's judges and prosecutors.
     The dismissed judges were all involved in the controversial case of
Haitian-American millionaire Dumarsais Simeus, whose bid for Haiti's
presidency -- rejected by elections officials but upheld by the high court
-- has become a bone of contention in a national election scheduled for
next month.
     The magistrates' group, known by its French acronym ANAMAH, launched
the five-day strike on Monday to pressure the government to rescind
Friday's decision to dismiss the justices, whose jobs are legally protected
for 10 years.
     "The Supreme Court is all that is left to this country. We are not
going to allow the interim government to destroy it," ANAMAH's president,
Judge Jean Perez Paul, said on Tuesday.
     In an executive order dated Dec. 9 and signed by interim President
Boniface Alexandre, Prime Minister Gerard Latortue and Justice Minister
Henri Dorlean, the government fired the five justices a day after the
Supreme Court confirmed a previous decision allowing Simeus to run.
     Haiti is scheduled to hold a national election on Jan. 8 to replace
the interim government appointed after former President Jean-Bertrand
Aristide was ousted in February 2004 by a bloody rebellion and pressure
from Washington and Paris.
     An opinion poll released on Friday showed Simeus running a strong
second to former President Rene Preval.
     Election officials, in September and again in November, rejected
Simeus because he holds U.S. citizenship. But the Supreme Court ruled in
October and again on Dec. 8 that he could run.
     In its order on Friday, the interim government named replacements for
Justices Luc Fougere, Michel Donatien, Raoul Lyncee, Louis Alix Germain and
Djacaman Charles.
     "Not only is the decision arbitrary and unconstitutional, but it is
made by an interim government which has no authority whatsoever to make
such decisions," Paul said.
     Three of the dismissed justices -- Fougere, Donatien and Charles --
were at their offices on Tuesday, ignoring the executive order.
     "We were appointed for 10 years and we stick to our mandate," Donatien
said.
     Fougere said the constitution did not allow the dismissal of justices
"without our consent or in the absence of evidence of permanent physical or
mental disability duly established."
     Alexandre's chief of staff, Michel Brunache, said the government's
intent was to rejuvenate the Court.
     "There are judges who are very old who needed to be replaced. The law
allows the government to retire judges that are sick even though they are
irremovable," said Brunache.
     Lawyers and judges said one of the dismissed justices, Djacaman
Charles, was about 60 and had no certified physical or mental disability.