Tags

, , , ,

Our translation into English of the Haitian Senate Commission Inquest Report, which concluded that President Martelly and Prime Minister Lamothe should be impeached, starts below the picture and quote, which we added for reflection.
Quo usque tandem abutere, Catilina, patientia nostra? … Quem ad finem sese effrenata iactabit audacia?  How long, Martelly and Lamothe, will you abuse our patience?…To what end will your unbridled audacity hurl itself?
Maccari-Cicero
Cicero Denounces Catiline, 1888 Painting by Cesare Maccari (1840-1919)

Report by the Special Inquest Commission on the Troubling Death of Judge Jean Serge Joseph
[The original in French, with witness testimony in Creole, is found in several places online, including: http://www.radiokiskeya.com/spip.php?article9711 http://touthaiti.com/touthaiti-actualites/2499-version-officielle-du-rapport-final-de-la-commission-speciale-d-enquete-du-senat-sur-la-mort-suspecte-du-juge-jean-serge-joseph ]

Introduction and Contextualisation

The Facts:  What happened exactly?  
a) Who saw?  Who heard? 
b) Who did what?  Who did not do what?  

Analysis of the Information collected from interviews of witnesses and of actors

Interpretation of the Facts

Conclusions

Recommendations 
a) Of a general nature 
b) Of a specific nature

Introduction

On Saturday, 13 July 2013, toward 20h00 (8 pm), at Bernard Mevs Hospital, in the Commune of Delmas, took place the death of Judge Jean Serge Joseph, Magistrate in charge of the inquiry into the spouse and the son of the President of the Republic, both accused of corruption, of  bribery (extortion) [in original is “concussion“], misappropriation of public funds (embezzlement) and of usurpation of function.  In effect, the judge was transported there under the care of his family, around 3 am of the same day, in a state judged unresponsive, by those in charge at the hospital, which is understood in medical jargon as a comatose state, an unconscious state. Once passed the triage stage, the patient was admitted by Dr. Linda Théodore, emergency medicine doctor on rotation that night, who immediately requested the services of Dr. Barth Green, a professor at the University of Miami who, in the framework of the partnership existing between the Bernard Mevs Hospital Centre and the University center in Florida, was assuring the rotation that night.  The patient was taken in charge, examined, and the care that his case required was dispensed, according to the information in the medical file of the patient Jean Serge Joseph.  

The diagnosis reached by the doctors, after a scanner test done there, but interpreted by a group of doctors working in synergy, in Haiti as well as in Florida, revealed a massive hemorrhage in the right hemisphere of the brain, which provoked a left side hemiplegia (paralysis). The imagery produced by the scanner test was communicated to Dr. Ariel Henry, neurosurgeon affiliated with the Bernard Mevs Hospital.  The doctor decided to operate immediately based on the imagery which had been communicated to him, but when he arrived at the hospital and saw the patient in person, and communicated with the doctors who were in charge before him, he changed his mind and decided to wait so that according to practice the blood coagulates before operating, because the source of bleeding could not be identified.  

The patient was maintained under observation until Dr. Green had announced to the family that the judge’s case left them very little hope.  The event most feared happened, that same night, toward 20h00 (8 pm), Judge Jean Serge Joseph succumbed to the complications of his stroke (cerebrovascular accident).

Friday, 16 August 2013

Translation of the Introduction to the Senate Report continues below the picture and the quote, which are not in the original, but were added by us for purposes of reflection:
Pieta 
We ask Martelly and Lamothe:  “When is there to be an end of that unbridled audacity of yours, swaggering about as it does now?…..does not the alarm of the people, and the union of all good men-—does not the precaution taken of assembling the senate…—do not the looks and countenances of this venerable body…,have any effect upon you?Cicero’s First Oration Against Catalina (Transl. by Yonge,1852).

Continuation of the Introduction to the Senate Report:

This death, which is suspicious to say the very least, raised a true stir in the entire nation, and certain sectors immediately held the administration of Martelly-Lamothe responsible when explaining this death.  All sorts of rumors suggested that a certain meeting to which the judge was [allegedly] convoked and in which he participated along with the President of the Republic and the Prime Minister and the Minister of Justice; and during which undue pressure was exercised, and inappropriate threats were proffered, is at the root of the troubles that drove Judge Joseph to have a stroke. [Transl note:  they use the conditional tense throughout, a hypothetical tense, which is similar to the use of “allegedly” in English]. The nation was shaken and remains so.  Explanations were demanded and investigations were called for by citizens speaking on their own behalf and on behalf of their commitment to democracy, as well as by Civil Society groups positioning themselves in the name of their mission of the defence of rights and freedoms of the individual, and, as well, by political parties and organizations rebelling against a possible threat to the independence of the judiciary, to the balance of governmental powers, and also against a possible threat to democratic gains, and finally a possible imperilment to the Rule of Law in Haiti.

The Senate of the Republic awaited a duration of three days to see if the judiciary would deal with the case.  The observation being negative, during a conference of presidents of extraordinary committees, and at the request of the President of the Justice and Public Safety Committee and the President of the Human Rights and Anti-Corruption Committee of the Senate, a resolution was adopted at the plenary session that followed the conference of presidents.  Thus, on the date of July 17, 2013, a special commission of inquiry was formed of Senators:
Pierre Francky EXIUS, president of the Justice and Public Safety Committee;  
Westner POLYCARPE, president of the Public Health and Population Committee; 
François Anick JOSEPH, president of the Interior and Local and Regional Authorities committee; 
Steven Irvenson BENOIT, first secretary of the Office;
and Joel Joseph JOHN, second secretary of the Office

This special inquest commission has as its mission to shed light on the circumstances surrounding the death of Judge Jean Serge JOSEPH.  This commission benefitted from a period of eight (8) working days to investigate and produce its report.  Also, from the end of the session, this commission put itself to work, by electing its own president (Francois Anick JOSEPH) and a reporter (Westner POLYCARPE).  The work  methodology was thus immediately adopted and a calendar constructed.  A letter was addressed to the President of the Senate asking him to send letters to certain State dignitaries, so that they could  make themselves available to meet with members of the commission.  The work of the commission began the next day with the examination of witnesses and collecting documentary evidence.  

Our translation of the Senate report continues with the section called “Facts”, which is now started in our new post https://miningawareness.wordpress.com/2013/08/17/report-by-the-special-inquest-commission-on-the-troubling-death-of-judge-jean-serge-joseph-part-ii-the-facts/

These Haitian Senators have done an amazing job in a very short time. Readers may wish to look at the following article about the Senate Report: http://www.haiti-liberte.com/archives/volume7-5/Accusing%20President%20Martelly.asp