From: "Senou" < email@example.com >
[quote]The Haitian Constitution: the Haitian justice minister must be replaced
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 25:Toute rigueur ou contrainte qui n'est pas nécessaire pour appréhender une personne ou la maintenir en détention, toute pression morale ou brutalité physique notamment pendant l' interrogation sont interdites. )
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:Nul ne peut etre m
aintenu en détention s'il n'a comparu dans les quarantes huit (48) heures qui suivent son arrestation, par devant un juge appelé à statuer sur la légalité de l'arrestation et si ce juge n'a confirmé la détention par décision motivée.)
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 26.2:Si l'arrestation est jugée illégale, le Juge ordonne la libération immédiate du détenu et cette décision exécutoire sur minute nonobstant appel, pourvoi en cassation ou défense d'exécuter. )
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.
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 ... 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 [que je m'y mette] 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 d
ue process and that person upon taking office must release anyone who was kept in jail without seeing a judge beyond 48 hrs.
P.O. BOX 1022
Douglasville, GA 30133-1022[/quote]
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