CONSTITUTION
OF THE REPUBLIC OF HAITI
TITLE
V
Chapter
I - Territorial Divisions and Decentralization
Chapter
II - The Legislative Branch
Chapter
III - The Executive Branch
Chapter
IV - The Judiciary
CHAPTER
V
THE HIGH
COURT OF JUSTICE
ARTICLE
185:
The Senate
may constitute itself as a High Court of Justice. The proceedings of
this Court are presided over by the President of the Senate, assisted
by the President and Vice President of the Supreme Court as Vice President
and Secretary, respectively, except where the justices of the Supreme
Court and officers of the Public Prosecutor's Office assigned to that
court are involved in the accusation, in which case, the President of
the Senate shall be assisted by two (2) Senators, one of whom shall
be designated by the accused, and the Senators so appointed shall not
be entitled to vote.
ARTICLE
186:
The House
of Deputies, by a majority of two-thirds (2/3) of its members, shall
indict:
a) The
President of the Republic for the crime of high treason or any other
crime or offense committed in the discharge of his duties;
b) The
Prime Minister, the Ministers and the Secretaries of State for crime
of high treason and embezzlement or abuse of power or any other crimes
or offenses committed in the discharge of their duties;
c) Members
of the Permanent Electoral Council and the Superior Court of Auditors
and the Court of Administrative Disputes for serious offenses committed
in the discharge of their duties;
d) Supreme
Court justices and officers of the Public Prosecutor's Office before
the Court for abuse of authority;
e) The
Protector of Citizens [Protecteur du citoyen].
ARTICLE 187:
Members
of the High Court of Justice serve on an individual basis, and on opening
proceedings, take the following oath:
"I swear
before God and before the Nation to judge with the impartiality and
the firmness appropriate to an honest and free man, according to my
conscience and my deep-seated conviction."
ARTICLE
188:
The High
Court of Justice shall designate, by secret ballot and an absolute majority
of votes, from among its members a Committee of Enquiry.
ARTICLE
188-1:
The decision
in the form of a decree shall be handed down on the report of the Committee
of Enquiry by a two-thirds (2/3) majority of the members of the High
Court of Justice.
ARTICLE
189:
The High
Court of Justice shall not sit unless a majority of two-thirds (2/3)
of its members are present.
ARTICLE
189-1:
The Court
may not impose any other penalties than dismissal, disqualification
or deprivation of the right to exercise any public office for no less
than five (5) years and no more than fifteen (15) years.
ARTICLE
189-2:
However,
the convicted person may be brought before ordinary courts, in accordance
with the law, if there is reason to impose other penalties or to rule
on the institution of civil action.
ARTICLE
190:
Once a
case is brought before the High Court of Justice, the Court must sit
until it renders its verdict, regardless of the length of the sessions
of the Legislature.
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