CSPJ resolution: constitutional mandate of President Jovenel Moise
Conseil Supérieur eu Pouvoir Judiciaire (CSPJ)
Haiti’s Supreme Court on the Constitutional Mandate of President Jovenel Moise
Resolution of the Superior Council of the Judicial Power (CSPJ) on the issue of the expiry of the constitutional mandate of the President of the Republic His Excellency Mr. Jovenel MOÏSE
Having received various calls from key players in national life who are seeking the advice of the Superior Council of Judicial Power (CSPJ) on the issue of the expiry of the constitutional mandate of the President of the Republic, His Excellency Mr. Jovenel MOÏSE.
Having taken note of the serious concerns expressed around the aforementioned question by many and important institutions of civil society, churches, human rights organizations, social organizations and the political class;
Referring to Arts 59, 59.1 and 60 of the Constitution in force establishing the Judicial Power as co-depositary of national sovereignty and Article 184.2 attributing the administration and control of said Power to the Superior Council of the Judicial Power (CSPJ) ;
Deeply concerned by the serious threats resulting from a lack of political agreement in response to the expiration of the constitutional mandate of the President of the Republic, His Excellency Jovenel MOÏSE, on February 7, 2021, which threats are likely to shake the very foundation of the Nation and endanger the sovereignty of the State;
Recognizing that the constitutional mission of the Judiciary is to apply the Law;
Realizing that the accomplishment of said mission remains inseparable from the affirmation and respect of the fundamental principle of SOVEREIGNTY OF THE LAW;
The Superior Council of the Judiciary:
Proclaims that the statute enacted in Art 134.2 of the Constitution of March 29, 1987, amended on May 9, 2011, does not suffer from any ambiguity relating to the meaning attributed by the Legislator. It is a general principle of law that "interpretation ceases when a text is clear";
Notes in addition that President Jovenel MOÏSE has already appropriated the spirit and the letter of Art 134.2 by applying, during the year 2020, to Deputies and Senators respectively Arts 92.1 and 95 of the same treatment of the expiry of the terms of office of said elected representatives and declares, therefore, that “Where the law does not distinguish, there is no need to distinguish”;
Calls on all citizens to realize, like our ancestors, that no sacrifice is too great to prevent the country from offering terrible spectacles to the rest of the world and to remove this brave people from the misery which tends to engulf them.
May law and justice triumph at all times in our Republic!
Done in Port-au-Prince, February 6, 2021
For the Council:
Me René SYLVESTRE, President
Me Louis Pressoir JEAN-PIERRE, Vice-President
Me Durin Jr DURET, Advisor
Me Noé Pierre Louis MASSILLON, Advisor
Me Nadert DESIRE, Advisor
Me Chenet JEAN-BAPTISTE, Advisor
