discours du senateur steven benoit devant le congrès américain

7/29/2019 Discours du Senateur Steven BENOIT devant le Congrs Amricain

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Honorable Senators, Congresswomen and Congressmen

Ladies and Gentlemen,

We are taking the opportunity of this visit to brief you on some of the events that have

brought Haiti on the verge of a major political crisis. As legislators and believers in the

representation of the people through legislative bodies, it is important for us to submit

this analytical paper to your attention. We thank you in anticipation for your kind

attention.

Foremost, we would like to state that we are looking for ways to move ahead with Mr.

Martelly toward the organization of democratic, fair, transparent elections as quickly as

possible to fill hundreds of posts at the local level and in the Senate (10 seats). As

legislators we would like to maintain a stable political climate and work in harmony with

the executive branch to attract new investments, create new jobs, sustainability and

keep the hopes of the Haitian people for a better future.

However, since he arrived in power, Mr. Martelly has shown a profound dislike for

democracy, legislative Representatives, as well as for the check and balance of the

powers granted to him by the constitution. Currently, municipal government is being

managed by hand-picked men and women totally dedicated to Martelly. This means that

all 420 municipal executive agents replacing the elected mayors whose term has

expired, since 2011, are close Martelly political allies. Thousands of elected county

officials have also been hand-picked by Martelly to replace those whose term had run

out.

President Martelly has also done all he could to have a hand-picked electoral council he

hoped could rig the votes in favor of his political friends.

The following is a summary of the citations and recitals of a resolution proposed by

thirteen Haitian Congressmen to have President Michel Joseph Martelly tried by a High

Court of Justice as prescribed by the Constitution of the country.

Through this, it is possible to get a good, but incomplete, view of all the violations ofHaitis laws and constitution by the highest members of the executive branch of the

country.

Among other things, President Martelly has been accused of violating article 153 of the

constitution when he tried to dispose a neighbor of his private residence of his house

and surrounding properties by using the equivalent of the IRS to falsely accuse the

individual of not paying property taxes.


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As early as October 26, 2011, President Martelly ordered or authorized the arrest of a

Haitian Congressman as he stepped out of a plane following an official mission abroad,

in violation of article 114.2 of the constitution and without any legal ground to act in such

a way. He lied and denied that he had anything to do with it while it is well known that

his collaborators are terrified by him and would never act without his approval.

Violation of article 218 of the constitution by President Martelly when he unilaterally

levied two (2) taxes on international phone calls and money transfers from abroad

without any law supporting that decision. No one beside President Martelly and Prime

Minister Laurent Lamothe have control over those funds which surpass US $200 million

today. He has been trying to get Parliament to ratify his decision at posteriori

President Martelly also violated articles 200 and 236 of Haitis constitution when he

designated (January 24, and June 15, 2012) his wife and his 23-years old son to

coordinate and manage millions of US dollars in public funds and run social and sports

development programs outside of all legally-established channels. For several months,

contracts were granted to companies owned by or connected with friends of the Martelly

family among rumors of millions being kicked back to the wife and son (the latter is

currently building a million dollar-commercial building in one of Haitis most expensive

neighborhoods. When two Haitian lawyers filed a legal complaint against the Martellys,

the District attorney and the investigating Judge received threats. Finally, the

investigative Judge accused the Chief Judge of the Court of 1st Instance of taking him to

a meeting with President Martelly, Prime Minister Lamothe and Minister of Justice Jean

Renel Sanon. That was a clear violation of the separation of powers under Haitis

constitution.

But things went even further as the investigative Judge stated that President Martelly

addressed him disrespectfully and threatened him and summoned him to stop the

investigation of his wife and son. The next day, the Judge told his associates that he

would abandon the investigation and leave the country. But he was to die the day after

under mysterious circumstances that remain to be explained. Both the Congress and

the Senate undertook an investigation of the matter that points to violations of the

separation of powers by the leaders of Haitis executive branch and their Minister of

Justice and conclude by making them liable of a trial by the High Court of Justice.

If all of these illegal and unconstitutional decisions could take place, it is because

President Martelly had also previously violated other articles of the constition when he

was making the nominations of the Judges of the Cour de Cassation (equivalent of the

US Supreme Court). He managed to select at least three Judges (disregarding all

protests by the Senate) who did not meet the requirements and to have one of them

(whom he has known since his childhood) become Chief Justice and President of the

Higher Council on Justice.


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Through a number of nominations of District Attorneys, Prosecutors, Judges and

Justices of the Peace (by Chief Justice Anel Joseph his childhood friend), etc.,

President Martelly and his Minister of Justice have been able to turn the Haitian justice

system into a political arm at the service of the executive branch (or the Martelly crew:

he used to call himself and his close friends legal bandits and has a song written on

the topic). A very dangerous and scary development.

Two accusers of Mrs. Martelly are currently in jail under trumped-up charges, awaiting a

trial that may never come Two lawyers who were very critical of the Martellys ways

in running the affairs of Haiti are now in hiding and one of them is forbidden to leave the

country/travel abroad. No later than yesterday, one of the most critical journalists of the

Martelly government has been ordered to surrender all documents pertaining to an

information she had on a contested Judge in office which had been nationally disbarred

for ten years by the bar associations (federation) of Haiti.

Last but not least, a close friend of the President came to port with 55 packs ofmarijuana on his private yatch and called the police and the District attorney to come

and get them at his beach hotel. When the Prosecutor had him come to his office for

questioning and later sent him to a District Attorney, the police spokesperson and even

the Minister of Justice scolded him and the Minister threatened to remove him from

office. Only the scandal throughout Haitis public opinion and press forced the Minister

to back-track.

Being the first person to agree to this. His election was a controversial one as he did not

win the first round but was forcefully imposed as a winner. Winning the second round

against Mrs. Manigat was easier and he may have won it. Haitis political class let Mr.Martelly have his days for two years, despite warning signs that the man was an

admirer and follower of former Presidents for Life and well-known dictators Franois and

Jean-Claude Duvalier. Indeed President Martelly had several run-in with members of

Congress and of the Senate were he clearly said he would rather run the country

without a Parliament.

After two years of hide and seek first to publish the amendments of the constitution,

then to form an electoral council, then to send the electoral law to Congress (he kept the

document for two months at the palace), President Martelly waited for the lower

Chamber to almost end its regular session before depositing the electoral law. The waythings look today, there is no way the latest electoral law can be worked on by both

Chambers unless the President calls Congress back into session. Last week, Mr.

Martelly told a crowd that for the next two years he would run Haiti as he saw fit to

him since he is the only Chief in the country. Whatever he says will have to be done .


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Having President Martelly run Haiti without a Congress and without holding elections,

with practically all elected and public administration positions filled by his nominations,

would be equal to going back to the political instability and turmoil of the years that

followed President Aristides departure from power in 2004. A perspective of violence

that Haiti is incapable of sustaining on top of all its other ills: vulnerability to

earthquakes, tropical storms and hurricanes and deforestation and erosion, without

mentioning lack of investments and jobs

As responsible politicians we are counting on the understanding and support of all the

hemispheric democracies to assist Haiti in ending its years of political upheavals and

confrontations. We are looking forward to having good and peaceful elections, but

above all an executive branch respectful of the constitution and of the laws of the land

and of its opposition, of the right to demonstrate, speak out and criticize peacefully and

in order, rights which thousands of Haitians have died for from 1957 to now

Long live HAITI, longue vie a notre chere HAITI

Steven I. Benoit

Senator of the proud Republic of Haiti.

discours du senateur steven benoit devant le congrès américain

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