In a note the Senate gives its position concerning the call for candidacies of the Executive https://www.haitilibre.com/en/news-36004-haiti-notice-court-of-cassation-call-for-applications.html aiming to contitute a list of 9 magistrates from which 3 judges will be chosen to fill the vacancies at the Court of Cassation.

Excerpts from the Senate note :

"The Senate of the Republic intends to express its deep concerns about the degradation of the country which is linked to the dysfunction of the three powers of the State, all disabled and unable to exercise [...]

[...] None of the three powers, each in its infirmity, can arrogate to itself such prerogatives as it does not have, and it is necessary to avoid disappointments which dishonor more. Act is taken of this correspondence of the CSPJ which declared inadmissible the request of the Minister of Justice https://www.haitilibre.com/en/news-35985-haiti-news-zapping.html , the latter having attempted, by a roundabout way, to fill certain vacancies with the Court of Cassation.

[...] The appointment of judges of the Court is governed by Article 175 of the Constitution. It is the Senate of the Republic which proposes the list of judges to the President of the Republic who appoints them to see the CSPJ assess and certify them. However, the Senate is incomplete and the President is deceased. Only a consensus between the Senate and the CSPJ can allow a modus operandi in this case.

[...] The institutions cannot transfer more power than they have, the judges to come out of this consensus cannot last more than the transition since the renewed political staff will have the responsibility of putting all the institutions back in their legitimacy, any initiative to the contrary is therefore unacceptable.

[...] From all of this, it emerges that the Haitian administration is blocked and that no lasting action can be envisaged without the broad consensus that will inevitably be obtained [...]"

Recall that the Executive once again ignored the role and position of the Senate and reached an agreement directly with the Superior Council of the Judiciary (CSPJ). As part of this agreement, the Ministry of Justice has launched a call for candidacies https://www.haitilibre.com/en/news-36004-haiti-notice-court-of-cassation-call-for-applications.html and it was agreed that the choice of the 3 judges will be made by the CSPJ after studying their files from a list of 9 candidates in order to fill the vacant positions and prevent the Court of Cassation from being dysfunctional.

See also :

https://www.haitilibre.com/en/news-35985-haiti-news-zapping.html

https://www.haitilibre.com/en/news-36004-haiti-notice-court-of-cassation-call-for-applications.html

HL/ HaitiLibre