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Haiti - FLASH : A state of emergency with very extensive powers (list)


Haiti - FLASH : A state of emergency with very extensive powers (list)

Following the decree declaring a state of emergency in 14 communes https://www.haitilibre.com/en/news-42832-haiti-security-municipalities-and-localities-affected-by-the-state-of-emergency-list.html under gang control in the West and Artibonite departments, published in Le Moniteur Special # 34 of Wednesday, July 17, 2024, Prime Minister Garry Conille and Carlos Hercule, the Minister of Justice and Public Security, signed a circular relating to the measures for implementing the decree on the state of emergency addressed to the officers of the Public Prosecutor's Office at the Courts of First Instance of Croix-des-Bouquets, Gonaïves and Port-au-Prince

Measures applicable within the framework of the state of emergency :

"1. It is established, in the jurisdictions of Courts of First Instance (TPI) of Croix-des-bouquets, Gonaïves and Port-au-Prince, an Anti-Gang Unit composed of officers of the Public Prosecutor's Office, agents of the Judicial Police and local authorities designated for the purposes hereof.

1.1. The Superior Council of the Judiciary (CSPJ) will inform the judges of their participation in the activities of the Anti-Gang Units.

2. During the period of the state of emergency, the Anti-Gang Unit is authorized to :

1) Conduct searches, day and night, in all places deemed necessary;

2) Establish special procedures facilitating the speedy processing of judicial files relating to the main or related offenses that justified the establishment of the state of security emergency, regardless of the status of the perpetrators or accomplices;

3) Extend the period of police custody of suspects when the alleged offence is linked to the circumstances that justified the establishment of the state of security emergency;

4) Remove repeat offenders and individuals who do not have their domicile in the municipalities and localities concerned by the establishment of the state of security emergency;

5) Suspend, if necessary, firearms permits and apprehend offenders;

6) Order the surrender of prohibited firearms and ammunition and search for and seize them;

7) Seize all vehicles without plates or bearing an old registration plate;

8) Ban fireworks and apprehend offenders;

9) Ban publications and meetings deemed subversive and likely to disturb public order;

1. The rapid measures mentioned in point 2 concern the incriminations referred to in Articles 2.8 and 2.9 of the Decree of March 15, 2021 revising the Law of April 15, 2010 on the state of emergency.

2. The Government Commissioners at the TPI of the jurisdictions concerned are instructed, when circumstances require it, to requisition, in accordance with the law, the goods, equipment and materials necessary for the accomplishment of the mission of the Police Forces.

3. Strikers in the judicial sector are required to put a hold on their work stoppage movement.

4. The Anti-Gang Cells send the Minister of Justice and Public Security a weekly report on the highlights of their intervention in the localities concerned.

5. The Anti-Gang Cells established within the framework of this Circular will be demobilized at the end of the state of security emergency.

6. A summary report is sent at the end of the period."

Communes and localities concerned by the establishment of the state of security emergency : https://www.haitilibre.com/en/news-42832-haiti-security-municipalities-and-localities-affected-by-the-state-of-emergency-list.html

HL/ HaitiLibre



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