07-01-2024
SUPERIOR COUNCIL OF THE JUDICIAL POWER - CSPJ
FROM: INSTRUCTION OFFICE
CAYES COURT OF FIRST INSTANCE (TPI)
No. 23/00201
Mr. Carlos Hercule,
Minister of Justice and Public Safety
At his offices.-
Through the Cayes Public Prosecutor's Office,
Attorney James JEAN LOUIS
Minister,
The decision to release government commissioner Me Ronald RICHEMOND at the Court of First Instance of Les Cayes, who is implicated as a suspect in the assassination of Gary TESSE, as per the filed complaint, presents an opportunity for me to put forward a dual request.
As an investigating jurisdiction, ensuring personal safety is my foremost concern. The Gary TESSE case represents just one facet of the sensitive matters within my purview. Notably, case number 23/00201 pertains to transnational cocaine trafficking involving the clandestine landing of significant quantities of cocaine in the town of Torbeck, particularly in Reyen. Subsequently, the investigation led to the apprehension of four Haitians and Colombians, who are presently detained at al DCPJ. While there are additional severe cases necessitating substantial security measures, their enumeration is omitted for brevity. It is imperative to underscore that my repeated requests to the CSPJ for augmented security resources have encountered protracted delays in response.
All judges of the Court of First Instance of Les Cayes have recused themselves from Gary TESSE's case, with the exception of one who has been appointed as a dean in another jurisdiction within the country.
Furthermore, the examination of the file indicates that the security personnel responsible for safeguarding the government commissioner failed to present themselves before the presiding judge. This fact is derived from the deficiency reports, which suggest that coercive measures should be put in place to compel their appearance.
The question of whether he possessed the necessary means can be answered in the negative, as it is widely known that reality does not support this assertion.
The request presented to the CSPJ about my security and logistical requirements is outlined as follows:
1. An armored vehicle.
2. Three security guards (contract).
3. One handgun and one long-handled weapon.
4. A photocopier and printer.
5. Two 250cc motorcycles.
6. The Les Cayes courthouse will be electrified with solar energy.
7. Higher fuel expenses
It is imperative to address the physical security of the building housing the Court of First Instance of Les Cayes. The absence of a security fence since the passage of cyclone MATTHEW leaves the court vulnerable to potential attacks by bandits. This poses a significant risk to the safety of judges, clerks, litigants, and security agents. Taking immediate measures to enhance the security infrastructure of the court premises is paramount to mitigating these risks.
My second request relates to what?
On June 27, a decision was made to dismiss the government commissioner of the Cayes public prosecutor's office, Me Ronald RICHEMOND. The rationale cited was to "bring to light the truth surrounding the accusations and to ensure the impartiality of the investigation to be conducted by a specially designated commission." Consequently, the commissioner has been placed on leave until further notice.
The measure in question, which neither constitutes a dismissal nor an unpaid leave, is designed to safeguard the rights of the aforementioned commissioner despite the complaints. The same principle applies to the criminal proceedings overseen by an investigating judge, for whom the law serves as a compass and guide. The presumption of innocence, benefiting all individuals subject to legal action, must be upheld as an assurance in all trials.
It is imperative to wait for the outcome of the inquiry commission before making a final decision in accordance with established laws and principles. Congratulations are in order. However, considering the commissioner's availability and the potential measures to be taken against him, his physical presence for the investigators or designated commissioners is crucial. The investigating magistrate responsible for the case anticipates the efficacy of the current arrangements to secure his presence in the country, pending the opportune moment for his interrogation. This hinges upon receiving timely responses to his legitimate requests, considering security and logistical considerations. Upholding the rights of all involved in this trial, particularly those of the defendants yet to be questioned, is of utmost importance and should not be compromised.
I rely on your efforts, Mr. Minister, to ensure my safety in all the cases I investigate, particularly Gary TESE's case. Additionally, it is crucial that Commissioner Ronald RICHEMOND, who is currently on leave, is available not only to the investigators but also to the aforementioned chamber.
While I await your response, Mr. Minister, please accept the expression of my distinguished sentiments.
CC:
Council of High Judicial Power (CSPJ)
Sign,
Magistrate Jean Michelet SEIDE
Judge & Investigating Judge
Cayes Court of First Instance
