The headlines over the past few days have been inundated by Haiti’s public prosecutor (commissaire de gouvernement) requests to interview de facto PM, Ariel Henry.
The news organization, “Vice” has gone as far as to publish that “Haiti’s Prime Minister is now a suspect in the president’s assassination.” That is not just misleading, it is patently false. The allegation is that the PM received a call from one of the persons who is alleged to be implicated in President Moise’s assassination. Allegations are not facts and those who have been accused, not even charged yet with a crime, are presumed innocent.
The haitiand and international press have done a terrible job explaining this very simple principle to their readers. As a result, they participate in the erosion of the public's trust in rule of law which is fundamental to a functioning democracy.
I don’t care much for de facto PM Ariel Henry, but that does not negate the fact that the public prosecutor’s (subpoena) request to interview him is illegal. According to Art. 90** of Haiti’s penal code, only the president can authorize a prosecutor to interview a senior official.
That is the law and the prosecutor, entrusted with tremendous power, is legally and ethically bound to ensure that the law is followed.
As a country, we can either follow the law in which case the prosecutor has no authority to compel the PM to testify and he certainly did not have the authority to bar the de facto PM from traveling. The other option is to agree that the laws are suspended in which the prosecutor definitely does not have the authority to compel the de facto PM to testify.
Clearly, the PM has a moral obligation to tell the public the purpose of the call between him and a person who is allegedly connected to the president’s assassination. However, the press has generally done a terrible job explaining to the readers the prosecutor’s illegal request to the PM. Worst, the headlines lead the readers to understand that the de facto PM was implicated in the assassination.
It is unfortunate that the press like all the other sectors of Haitian civil society has lost its way.
There is nothing important than the rule of law and the press is a key actor in helping to inform but also educate the public.
**Art. 90.- Will be punished with detention, all officers of the judicial police, all officers of the public prosecution, all judges who have provoked, given or signed a judgment, an order or a warrant, tending to the personal prosecution or accusation, either of a senior civil official, without the authorization of the president ...
Art. 90.- Seront punis de la détention, tous officiers de police judiciaire, tous officiers du ministère public, tous juges qui auront provoqué, donné ou signé un jugement, une ordonnance ou un mandat, tendant à la poursuite personnelle ou accusation, soit d'un grand fonctionnaire, sans l'autorisation du chef de l'État .
ilo.org/dyn/natlex/docs/ELECTRONIC/69022/67662/F1385137885/HTI-69022.pdf
