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This is a continuation of our translation: https://miningawareness.wordpress.com/2013/10/11/part-v-of-the-senate-inquest-report-on-the-troubling-death-of-judge-jean-serge-joseph-i-just-had-a-drink-with-them/ . We are reposting their conclusions so that they may be seen in conjunction with their recommendations.
Final Conclusions and Recommendations
The commission has done its best and has succeeded in piercing the ramparts of denial and lies which were erected before it. It was able to reconstruct the facts from the numerous testimonies gathered from individuals who had felt the obligation to confide to this commission what they knew and who, according to them, could help cast light on the circumstances which surrounded the death of Judge Jean Serge Joseph, in charge of the case opposing, in the criminal court, the wife and son of the President of the Republic to the citizen Enold Florestal, for alleged corruption and usurpation of function. The commission discovered:
a) Judge Jean Serge Joseph, acting in complete independence issued, on the 2nd of July 2013, an interlocutory judgement in this case, judgement which placed in question the responsibility of a certain number of high level government officials, including the Prime Minister.
b) This decision shook the foundations of the fortress of extortion making naked the consuming desires of an authoritarian and corrupt power
c) All the star players of the team were mobilized to the ends of quickly burying the affair because it had started to grow in magnitude and the
administration was starting to lose credibility.
d) The first step of the administrative offensive consisted in having the plaintiff withdraw his complaint and accept the prebends [government job and money] being proposed to him.
e) Standing before the failure of such an offensive, the power turned to the judge himself, abandoning the carrot and the stick in order to adopt an imperial policy of Sic volo, sic jubeo, sic pro ratione voluntas. The judge must thus do that which the executive power wants.
f) Pressures of all kinds were exercised on Judge Joseph so that he would reverse his decision.
g) The expertise of the Lissade Law Office was profited from in order to prepare a legal face (or farce) to the project of gagging justice and all Republican Institutions
h) The Chief Judge of the Court of First Instance of Port-au-Prince played a central, pivotal role in the presidential project by participating in all of the schemes and betrayals which led to that famous confrontation between the judge and the highest executive authorities of the country.
i) On Thursday, the 11th of July 2013, a meeting was held at the Law Office of Mr. Gary Lissade. The Chief Judge Mr. Raymond Jean Michel, himself, drove the Judge Jean Serge Joseph to that meeting.
j) During that meeting, Judge Joseph was subjected to intense pressure and threats to lead him to accept opening a special sitting so as to reverse the decision of the 2nd of July 2013.
k) Not having examined the poisoning theory, which even if proven would be difficult to circumscribe in space and time, the Commission has developed the conviction that threats and pressure took the life of an honest but fragile judge.
l) The diagnosed intra-parenchymal hemorrhage would be a direct consequence of being fiercely subjected to intense psychological pressures.
m) The judge having never been diagnosed as suffering from metabolic problems (hypertension, hyperglycemia, etc..), the doctors at the Bernard Mevs Hospital concluded that the very high blood pressure observed in the patient at his admission to the hospital could be the result of an intracranial hypertension, which itself can have been the result of immense stress.
n) The Commission concludes based on the evidence that the President of the Republic, the Prime Minister, the Minister of Justice, the Chief Judge of the Court of First Instance of Port-au-Prince have all lied to the Commission as well as to the nation.
o) The Committee finally concludes that all those who have contributed to the organization of the meeting, participated in the meeting, lied about the meeting during which the Judge Jean Serge Joseph was tortured until death ensued, are to varying degrees responsible for the death of the judge. It remains understood that only the judiciary is able to establish the degree of individual responsibility in the death of Judge Jean Serge Joseph.
Supported by these findings, the Committee recommends that:
1) The Chief Judge of the Court of First Instance of Port-au-Prince be brought before the Supreme Judicial Council (CSPJ) as the primary suspect in this case before being dismissed and turned over to the Haitian justice system, as under the law.
2) This report be transferred to the Chamber of Deputies for their usage
3) The Chamber of Deputies take all needed measures under the law for the purposes of:
a) Noting the interference of the President, the Prime Minister and the Minister of Justice in the sovereign exercise of the Judiciary with the objective of having judicial decisions made in their favor.
b) Declaring the perjurious nature of these Executive officials who have all denied their participation in the meeting of the 11th of July 2013, whereas the investigation confirms their real participation in the aforesaid meeting.
c) Noting the betrayal of the President who was sworn to uphold the Constitution and the laws of the Republic
d) Impeaching the President for the crime of high treason.
4) The Prime Minister and the Minister of Justice be impeached and removed from their functions.
5) This report be transferred to the Office of the Prosecutor of the Civil Court of Port-au-Prince and to the CSPJ for the relevant legal purposes.
6) The CSPJ be supported by
a) the amendment to the Law of the 4th of September 2007 establishing the Superior Judicial Council;
b) the adoption of a law on the creation of a structure controlled by the CSPJ
Responsible for collecting and managing the fines imposed by the courts and
c) The taking of control of the financial management of the Courts by the CSPJ.
7) The preparation and adoption of a law on parliamentary inquiries;
8) The preparation and adoption of a law on perjury.
9) That government action be set in motion against Gary Lissade for concealment.
Rendered in Port-au-Prince on the 6th of August, 2013, the 210th Year of Independence.
Hon. Francois A. Joseph, President
Hon. Westner Polycarpe, Rapporteur
Hon. Joel Joseph John, Member
Hon. Steven I. Benoit, Member
Hon. Pierre Franky Exius, Member
[Translator note: We will most likely also translate the inquest report by the Chamber of Deputies. It is in a very different style though they come to the same conclusions. While our mission is supposed to be about mining in Haiti, it should be apparent by now that there can be no hope for transparency, fairness, or intelligent consideration of the damaging impacts to Haiti by mining; oil and gas, under the current regime. These mining impacts include deforestation, destruction of food resources (fruit trees, agriculture, fish), and pollution of waterways. We believe that the oil and gas exploitation in Haiti will involve fracking or other alternative extraction which is especially damaging to the environment. The karst geology will but exacerbate this. Thus, we wait and hope for impeachment of Martelly and Lamothe, as well as fair and honest elections. Nevertheless, we will most likely start on Haiti’s current mining law almost immediately and then follow that by the Chamber of Deputies Report. Today we have a post related to the arrest of one of the lawyers, Andre Michel, who was handling the corruption case: https://miningawareness.wordpress.com/2013/10/28/haitian-human-rights-lawyer-unbowed-by-death-threats-nyu-global-justice-clinic-calls-for-un-protection-of-human-rights-defenders-in-haiti/ Please come back soon.
November 8, 2013 Update: The Minister of Justice was called upon the carpet by the Senate this week, but appears to have kept his job. We are undecided as to when we will start translating the Chamber of Deputies Report. It is important to remember the bravery of Judge Joseph, Andre Michel, Newton St. Juste, Enold Florestal, members of the Chamber of Deputies, the Senate, and all others who have been willing to stand-up and apparently to endanger their lives and freedom by challenging the Martelly-Lamothe regime.]