Haiti – Case Bélizaire : The counterattack of parliament

Both rooms were in session, until late Friday evening in response to the arrest the day before of the deputy Arnel Bélizaire, in order to determine measures to be taken in response to the arrest of Deputy Bélizaire deemed illegal. The senators believe that the arrest of Bélizaire by police officers by order of the prosecutor “threatens the democratic foundation of the nation while trampling the dignity of the legislature.”Both chambers, each on their side, have adopted resolutions. The lower house passed a resolution asking for explanations and calling for the resignation of Ministers Josué Pierre-Louis, Minister of Justice and Public Security, of Me Thierry Mayard Paul, Minister of Interior and National Defense, of Michel Brunache Secretary of State for Foreign Affairs [which would be involved in the blocking of access for the deputies to the diplomatic lounge of the International Airport] and of Me. Félix Léger Commissioner of the Government, all considered as directly responsible of the arrest of the Deputy Arnel Bélizaire deemed illegal. 71 parliamentarians have signed the resolutions a few hours after the Deputy Bélizaire, was taken back to the Lower House by the prison administration.

The deputy Abel Descolines explained “It’s first a draft resolution, it is not really a resolution to the extent that the Chamber of Deputies is in extraordinary session so we are not able to organize a session, but given the urgency and the complexity of the situation after the arrest of colleague Arnel Bélizaire, […] there is a special session which grouped the majority of deputies of the 49th Legislature.

At the end of the debates that lasted several hours, it was agreed that we adopt a draft resolution to denounce the illegal arrest of deputy [Bélizaire] to the extent that the procedures of the Constitution were not complied […] this draft resolution will be finalized within 24 hours […] it’s primarily a formal and official denunciation of Deputies of the 49th Legislature of the arrest, which did not follow the procedures of the Constitution, of a Deputy in the exercise of its functions, to the extent that the procedure which should, eventually lead to the waived of the parliamentary immunity was not made […] then, in this draft resolution, it is a question for a set of Minister to give explanations about what happened […] at the end of this explanation, the entire legislative body or a majority, will decide of the opportunity to to follow up the question that can lead on an interpellation [of the people involved] […]”

If these ministers and Secretary of State do not leave their posts, they will be interpellated at at the opening of Parliament in January 2012 and will be subject to a vote of censorship or of no confidence, according to the Constitution [they risk the destitution]. Regarding this possibility, the deputy Abel Descolines declared “we’re not there yet […] is a draft resolution. Currently the Assembly has as concern to give a political response to what the 49th consideres as an affront […] we do not anticipate we will finalize the resolution within 24 hours”

The deputy Guy Gérard Georges precise “… the resolution requests that the Minister of Justice, the Minister of the Interior, the Secretary of State for Foreign Affairs, because it is not the Foreign Minister, because he was not there […] that they resign […] and if they do not resign, when we will enter the second Monday of January in regular session, we will take legal steps that the Constitution gives us to make go these Ministers, if they have not resigned voluntarily […]”

For its part, to the Senate a resolution signed by 16 senators decided to interpellate Josué Pierre-Louis, Minister of Justice and Michel Brunache Secretary of State for Foreign Affairs, on 3 November. Mr. Michel Brunach is interpellated on the fact that parliamentarians was denied of access to the diplomatic lounge of the airport Toussaint Louverture, during the operation that led to the arrest of the deputy.

Josué Pierre-Louis, the Minister of Justice and Public Security, said Friday, before the press not having made an intervention to the Commissioner of the Government and denied any involvement in the arrest of the deputy Bélizaire, saying that it was in no case of an order of the Ministry of justice “there are several authorities who spoke on the issue, what I can say, is that the conduct of state affairs requires cool and calm […] the law prohibits a Minister of Justice to give individual instructions as part of a file which is treated by the justice . Of course, the Government Commissioner is the representative of the executive within the judiciary, but the representative of the executive, it’s within the framework of the implementation of penal policy of the government, but not in the exercise of the the public service […] I can ask to the Government Commissioner to put the public action in motion, if there is public outcry, if there is the fragrance, but I can not call the Government Commissioner to prohibit it to put the public action in motion. Yesterday I received a letter to 1:00 pm, of the office of the Chamber of Deputies. Immediately I contacted the Government Commissioner to ask him to explain me the law, if the facts are constituted, if the facts are based, if the procedure meets the legal requirements…”

The first reaction of the Parliament confirms the deterioration of relations with the Executive and the opening of hostilities with all legal means provided by the Constitution.

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