Haiti - FLASH : In the case of the assassination of the President, the presumed culprits could be released
After having examined the actions taken in the prosecution phase both by the Government Commissioner and by the police institution which deliberately ignored legal procedures; the Center for Analysis and Research in Human Rights (CARDH), estimates in a report, that due to numerous procedural flaws, violations of the Constitution and of the criminal law, the trial of the assassination of President Jovenel Moïse could be affected and even cause the release of suspected culprits
The CARH cites as examples (point #32) "Those arrested in the investigation into the president's assassination were questioned in the absence of their lawyer or witness. They did not appear before their natural judge to rule on the legality of their arrest" within the time limit set by the Constitution in its article 26 which stipulates "No one may be kept in detention if he has not appeared within forty-eight (48) hours following his arrest, by a judge called to rule on the legality of the arrest and if this judge has not confirmed the detention by reasoned decision. In the event of a contravention, the accused is brought before the justice of the peace who decides definitively. In the event of a misdemeanor or felony, the accused may, without prior permission and on simple memorandum, appeal to the dean of the court of first instance of the jurisdiction who, on the conclusions of the Public Prosecutor, rules at the extraordinary, hearing pending, without postponement or rotation, all cases ceasing on the legality of the arrest and detention."
Adding (point #34) : "At the procedural level, these first elements indicate that the prosecution was carried out in violation of the Constitution, the Code of Criminal Procedure and international human rights instruments. Criminals can be released at any time, reports and exhibits, essential to the trial, can be excluded during its course... All this will affect the course of the trial."
