Simon Dieusel Desras restored to his post as Senator by court

When former senate President Simon Desras Dieuseul won the court case earlier this month that saw his reinstatement to the Haitian senate, the news had the effect of a bombshell on the political sphere, as it cast aspersions on the action to remove Desras from the senatorship in the first place. He, along with the other former senators, were forced to vacate office when the natural terms for the senators expired in January. Desras immediately combated his removal stating that his term had not actually expired along with the other senators.


Now his claim has been validated by the courts of Haiti, under Judge Bredy Fabien on February 6, 2015, and he has resumed his role as a senator and as the president of the senate. Still, the victory must be a slightly hollow one, for the senate, since the dissolution of its powers upon the expiration of terms on January 12, 2015, is only now 11 members strong and still under the influence of President Martelly who can rule by decree. Armed with assistance from his lawyer, Anibal Coffy, a bailiff and a justice of the peace, Desras established that his terms, as instituted by the former president, had been for six years and not four.

The lawyers for the state tried diligently to prove that Desras was no longer a senator, however, a decision by the National Electoral Dispute Office (BCEN) made in 2011 by way of special election had set out his term for two years more than that of other senators. Despite their new positions as mainly talking heads, Senator Desras is hopeful his return will help rejuvenate the senate, which he says has been silent about the happenings in Haiti. However, he will have the person currently holding the seat, Senator Andrice Riché, to contend with, as Riché has declared himself unwilling the cede.

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