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8132: Democracy and the law (fwd)
From: Senou <firstname.lastname@example.org>
Democracy and the law
In a democracy, the rights of the individual must be
respected. It is understood that outrageous things may
have committed during a dictatorship or a military
regime. But, we cannot continue the same practice and
then say that we have democracy. If an individual is
arrested today, he/she has to be benefited from that
new era. According 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 43: No house search or seizure of papers may
take place except under the terms of the law and in
the manner prescribed by it.
ARTICLE 44: Persons detained temporarily awaiting
trial must be held separately from those who are
The law is the law and no one is above the law,
according article 26 anyone who is in jail without
appearing before a judge in 48 hrs is detained
illegally; therefore, article 26-2 shall be enforced.
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.
Anyone arrested the state shall be ready to start the
trial immediately unless the defense is not ready. The
defense is the only entity that can delay a trial. If
for whatever reason, the state is not ready to start
the trial, the defendant shall be released
immediately. It is the reason; the state has to
compile enough evidence before making any arrest. The
constitution has to be respected. Haiti has a
political problem not a constitutional one; therefore,
it is imperative that the people in charge respect the
rights of the citizen.
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