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Haiti - Elections : Justice for all, except for Laurent Lamothe ?
09/06/2015 11:01:36

Haiti - Elections : Justice for all, except for Laurent Lamothe ?

Recall that Tuesday, June 2, in its judgment delivered on the challenge to the presidential candidacy of Laurent Lamothe, for absence of discharge, the Departmental Electoral Office of Litigation (BCED) wrote in its order "

[...] welcome favorably the challenges produced against the candidacy of Mr aurent Salvador Lamothe ; says and declares they are based; therefore orders to the CEP o remove the name of Laurent Salvador Lamothe of the list of registration of candidates for president in the upcoming elections relating to these challenges" https://www.haitilibre.com/en/news-14081-haiti-flash-rejection-of-the-candidacy-of-laurent-lamothe.html

While BCED refused to consider the court order authorizing the former Prime Minister to be a candidate and rejected the defense argument invoking the theory of the impossible formalities, the BCEN, at the same time has rendered an ordinance in favor of maintaining of the candidacy of Josefa Raymond Gauthier whose lawyers presented the same arguments, we read in this order "the Court of First Instance of Port-au-Prince, judging by its attributions of referral, has effectively issued two orders, the first is the work of the then Dean, Me Raymond Jean Michel, and the other, that of the Magistrate Roosvelt Romulus respectively in favor of citizens candidates Thierry Mayard-Paul and LSL [Laurent Salvador Lamothe], confirming the theory of impossible formalities [...] ".

As emphasized by the former Prime Minister "There is no need to be a great scholar in matters of justice to detect the obvious aberration in this decision" recalling that "

For the theory of impossible formalities to be applicable, the law stipulates that the candidate must be able to demonstrate that he reasonably tried to obtain the certificate of discharge. As for me, I have complied with the legal requirements by requesting audit and discharge three times by letters addressed respectively to the Superior Court of Auditors and Administrative Disputes (CSC/CA) dated 14 December 2014 and to the two branches of Parliament on 30 December 2014, as a former Prime Minister, Minister of Foreign Affairs and Religious Affairs, and Minister of Planning and external Cooperation."

Obviously, the steps taken by the former Prime Minister, did not convince the BCED that he had reasonably request his certificate of discharge...

For Laurent Lamothe "the judgment rendered by the BCEDs asking the CEP to scratch my name from the list of candidates comes to confirm the doubts that hovering on the impartiality and credibility of the institutions in charge of the upcoming elections in the country [...] The transparency and credibility that should characterize the process are a lure for now, when it is the policy of two weights, two measures, which dictates the decisions that are being taken."

See also :

https://www.haitilibre.com/en/news-14114-haiti-elections-plot-against-lamothe.html

https://www.haitilibre.com/en/news-14098-haiti-elections-a-real-threat-to-democracy-dixit-laurent-lamothe.html

https://www.haitilibre.com/en/news-14078-haiti-news-electoral-zapping.html

HL/ HaitiLibre



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