A FIRST!!! PRESIDENT MOISE ATTACKS PREVENTATIVE DETENTION OUTRAGE!! WILL HE CUT THE GORDIAN KNOT?
Jan 28 2018
Four previous Presidencies were asked to resolve the PREVENTATIVE DETENTION outrage, and none took any action other than to launch a few convoluted commissions that never arrived at a destination..
PRESIDENT JOVENEL MOISE IS THE FIRST TO TAKE REALLY POSITIVE STEPS TO END THIS OUTRAGEOUS CANCER WITHIN OUR LEGAL SYSTEM!
More than 11,000 Haitians – innocent and guilty – are trapped in a maze with no real solution. Sometimes death by starvation will free a few. Others fall to tuberculosis.
Some of the truly guilty escape because they have the financial or political resources to avoid their often substantial debt to society, while the alleged theft of a cell phone sees a lady trapped in Preventative Detention for years – perhaps forever.
Thousands of potentially innocent Haitians have languished in horrific conditions, without ever appearing before a court, as guaranteed by the Constitution.
With any type of legal representation, most of those held in Preventative Detention would be released, immediately, under the basic guarantees of our Constitution. Haitian avocats have no social conscience so few will work to help these poor, trapped, lost souls.
No Money – No Justice!
An Ombudsman, with specific responsibility to deal with Preventative Detention, could rubber stamp many releases.
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.
In the case of a petty violation, the accused shall be referred to a justice of the peace, who shall then hand down a final decision.
Some unfortunates have actually starved to death as the result of Justice Minister Camille Edouard Jr.’s theft of funds for prisoners’ food.
WHERE IS HE NOW!!! Probably political and financial pressures have seen him walk free.
A balanced view of preventative detention will come to the conclusion that – as it stands – preventative detention is effectively a guilty verdict against any and all those held under its conditions!
What is the fairness of being found Innocent of a $20.00 cell phone theft after 2 years of Preventative Detention?
Unless carefully supervised by President Moise this process leaves itself open fo corruption. For a little cash someone could have their charge changed from Murder to Theft of a Goat, allowing immediate release.
The challenge is substantial but President Moise has the power, the ability and – we hope – the willingness to make the difference and end this aberration within our society – PREVENTATIVE DETENTION.
President Moise’s focus has already seen some 300 prisoners set free in preliminary steps.
Remember the old saying: JUSTICE DELAYED IS JUSTICE DENIED.
HAITI LIBRE recently published the following:
Haiti – Justice : The OPC wants to tackle prolonged pre-trial detention
The Citizen’s Protector, Me Renan Hedouville, accompanied by his Director of Cabinet Wladimir Gassant, the Director of Promotion and that of Protection, respectively Jude Jn Pierre and Amoce Auguste, went to the Court of First Instance (TPI) of Croix-des-Bouquets where he met with the Dean of the Tribunal, Lyonel Dimanche on the problems facing the TPS and learn about the files of prisoners in prolonged pretrial detention.
In an attempt to address the problem of pre-trial detention, the Ombudsman intends to use all the ways and means at his disposal. The issue of prolonged pretrial detention has for too long been a headache for the political and judicial authorities. He deplored the fact that all the attempts made by state institutions and international bodies, in particular the High Commission for Human Rights and Minustah, have so far only served as a palliative “There are too many individuals who are unlawfully deprived of their liberty. Some of them do not even have a file.”
Me Amoce Auguste proposed to relaunch the Monitoring Committee of the penal chain in order to work with all the actors.
Dean Dimanche explained that the TPI of Croix-des-Bouquets had “made significant efforts to combat this phenomenon despite insufficient resources “With 27 judges and 7 judges of instruction, we made a lot of sacrifices. There are financial problems to conduct the Criminal Assizes with and without Jury Assistance,” stressing “During the month of December, I organized criminal assizes with jury assistance with my own means […]”
According to him, the question of the indirect integration of magistrates into the system and the dismissal of substitute government commissioner pose a lot of problem. However, the Dean calls on the actors to become aware in order to resolve the issue of prolonged pretrial detention.
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