Haiti: The legal directorate of the Provisional Electoral Council examines the complaint filed by the seven senators

The Provisional Electoral Council (CEP) was officially affected by the complaint of the seven senators filed against the President of the Republic. The file was transmitted to the legal direction of the electoral institution which must submit to the Council legal opinions in this direction, entrusted Friday, exclusively to the Nouvelliste, the electoral adviser Kenson Polynice.

The electoral institution did not remain indifferent to the conflict between the President of the Republic and senators over the end of their mandate. Even if the Electoral Council has kept a low profile in recent years, that cannot say that it is not concerned with the issue, said Electoral Councilor Kenson Polynice in an interview with Le Nouvelliste. “The Council is affected since yesterday (Editor’s note: Thursday, January 16, 2020) of the complaint filed by the senators. Without delay, we will meet to discuss the matter. In the meantime, the CEP’s legal department is already instructed to submit legal opinions to us on the issue, ”he told the newspaper, contacted by phone on Friday afternoon.

Asked about the President of the Republic’s decision to note the lapse of Parliament and to declare the end of the two-thirds mandate of the Senate, the electoral adviser Polynice was very careful in his answers. “I do not want to run away without the Council discussing an issue of such obvious importance,” he replied.

Kenson Polynice noted that the CEP will respond to the complaint from the seven senators. If the latter does not yet know the answer, he believes that the electoral institution cannot remain silent without pronouncing on this affair.

Asked by Le Nouvelliste that the Provisional Electoral Council should organize elections in October 2019 for one third of the Senate, the electoral adviser indicated that these were elections for one third or two thirds of the Senate: “These questions will be discussed between us. The population will soon know the Council’s position… ”

According to the seven senators who seized the Electoral Council against Jovenel Moïse, “the president has no right to rule on the mandate of another elected representative whose duration is fixed by law, even less on the lapse of an institution for which it should campaign for the good progress, with its nineteen members in exercise ”.

To show the CEP that it has the responsibility to settle in this conflict, the parliamentarians referred to article 197 of the Constitution which stipulates: “The Permanent Electoral Council is the litigation of all the disputes raised on the occasion, elections, or the application or violation of the electoral law, subject to any legal action to be taken against the offender (s) before the competent courts. “

Senators Jean Renel Sénatus, Jean Marie Junior Salomon, Dieupie Chérubin, Ronald Larêche, Nènel Cassy, Youri Larortue and Dieudonne Luma Étienne essentially require that the electoral institution recognize that they are serving senators until the second Monday of the sixth year of their mandate, that is, on January 10, 2022.

In a tweet published in the first minutes of Monday, January 13, the head of state wrote: “This Monday, January 13, 2020 brings back the end of the 50th parliament. We note the lapse of Parliament and we take note of this institutional vacuum caused by the departure of the Chamber of Deputies and 2/3 of the Senate. “

Regarding the deafening silence of the CEP for some time, Election Advisor Kenson Polynice noted that in general, Election Councils are at the forefront when elections are held. “We continue to work and make arrangements for the next elections whatever the time, with or not or another Council,” he said.

Robenson Geffrard source “le_nouvelliste”