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Court of Appeal - Haiti Observer Blog
Court of Appeal, Haiti Observer Blog. Read the following articles about Court of Appeal
Court of Appeal Rescinds Statue of Limitations for Duvalier Human Rights Violations
Haiti's Court of Appeal in February 2014 reversed a January 2012 ruling by an investigative judge ex-President Jean-Claude Duvalier could not stand trial for crimes against humanity. The judge based the ruling on an expired statue of limitations. But the Court of Appeal has ruled "substantial evidence" exists, indicating Duvalier's culpability in human rights violations during his 15-year rule.
Amnesty International (AI) counted the ruling as a significant step forward for victims, attempting to get justice 28 years after Duvalier was exiled from office. He fled to Paris and returned to Haiti in January 2011. Upon his return, Haitian officials resurrected the criminal case against him, including charges of torture and murder, and corruption charges.
Jean Bertrand Aristide and Jean Claude Duvalier have so much in Common
Former Haitian President Jean Bertrand Aristide finally has his day in court; however, this is something that might become one of the biggest events of the year. After Jean Claude Duvalier who had his day in court earlier this year, now it is Aristide's turn
I don't know if you have been able to detect trend and similarities within these two highly controversial personalities in Haitian politic, in that I mean Jean Bertrand Aristide and Jean Claude Duvalier, but I do. Let's see:
1) Both Jean Claude Duvalier and Jean Bertrand Aristide have passionate fanatics
Jean-Claude Duvalier defied judge order in return was summoned to appear in Court
The former Haitian dictator Jean-Claude "Baby Doc" Duvalier did not play his cards well with the head of the court of appeals, magistrate Jean Joseph Lebrun. He defied the judge order to appear in court on Thursday to face charges of corruption and human-rights violations during his 15-year rule and did not show up, sending his attorney instead, Reynold Georges. However, the judge who was not happy about that on Thursday summoned Jean-Claude Duvalier to appear in court.
Jean-Claude Duvalier was scheduled to attend a hearing to determine whether he should again face charges for human rights abuses committed during the 15 years of his regime.
How Haiti's Court System Works
Haiti's court system is basically designed after the French system of civil law, the Roman Law and the Napoleonic Code. It is divided into four levels. The highest level is the Court de Cassation, which is also known as the Supreme Court. Under it are the Courts of Appeals, Courts of First Instance and Justice of the Peace Courts. Each level hast its own kinds of cases to hear and deal with.
The Court of Cassation is composed of a president, vice-president and ten judges. The Supreme Court president is usually chosen and appointed by the country's president. There are certain requirements for Supreme Court judges. One has to be at least 30 years old and should have a decade of law practice. Only judges who have served as a judge or a public lawyer for seven years are qualified for the Supreme Court seat. The highest court deals with matters involving law and decree unconstitutionality.
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