Haiti - Justice : The Lower House can not indict the President of CSPJ
Following the decision Monday of the Bars Federation of Haiti, to initiate a proceedings in Parliament of indictment for abuse of authority (forfaiture), of Me Anel Alexis Joseph, the President of the Superior Council of the Judicial Power (CSPJ), the Deputy Jean Tholbert Alexis, Member of the Commission Justice, explains why it is not possible in the lower house, to indict the President of CSPJ.
"[...] Article 186 of the Constitution, clearly states that we have in the House of Deputies, the prerogative to indict the judges of the Court of Cassation and members of the public prosecutor of that court, but the legal issue here, is that there is the principle of functional duality [...] mean, that he [Me Anel Alexis Joseph] is both President of the Court of Cassation, but when he acts as President of CSPJ, it is not the President of the Court of Cassation that acts.
The CSPJ is the administrative body of the judiciary, it is nowhere provided, the possibility to indict a member of CSPJ ; the President of the Court of Cassation yes, members of this court yes. But the law mother does not give us the powers or privileges to indict members of CSPJ.
The CSPJ is an organ of administration of the justice, which oversees the independence of justice, but the CSPJ is not asentencing court as such, acts of CSPJ are administrative acts [...] the actions of members of CSPJ are acts purely administrativeand this is outside of the court, or the jurisdiction of the lower house [...] I invite the Bars Federation of Haiti, to attack through the Court of Auditors and Administrative Disputes the act of CSPJ, but it is not to us, to indict [...]"
