Haiti: Rising Martelly Dictatorship Preoccupies Haitian Lawmakers

Confusion, fear and indignation spread through all extremities of the Haitian population, including the legislative body, following the controversial detainment of Deputy Arnel Belizaire in spite of his parliamentary immunity and constitutional protection.

“We are dealing with a dictatorship,” revolted Sorel Jacinthe, president of the House of Deputies. “The Constitution and the law no longer exist. The three powers no longer exist,” he said, “There is only one supreme leader and it is the President Martelly.”

Jacinthe’s anger stemmed from the unconstitutional arrest and illegal detention of Belizaire, an official representing Delmas and Tabarre sections in the lower house. Assisted by UN troops, the national police blocked Deputies’ access to the Airport’s diplomatic room as they awaited Belizaire’s returning flight from a diplomatic mission in France. On the government commissioner’s orders, the police arrested the deputy as soon as his plane landed and transported him to Penitencier Nationale, Port-au-Prince’s civil detention facility. Jacinthe found the government’s actions reprehensible, categorizing them as “the beginning of the establishment of a dictatorship by the new head of state.”

Belizaire, 41, won his house seat in the March 20 run off elections under the platform of political party Veye Yo. An open critic of President Michel Martelly, the deputy vehemently opposed his policies and actions since the president’s swearing-in last May. Belizaire’s criminal history surfaced on October 12, 2011 following heated exchanges taken place between Martelly and the deputy at the National Palace during a meeting with 58 deputies, the functional lower house majority. Relationships between the executive and parliament since declined considerably.

“We must respect the presidency,” declared the President during a press conference. “Whoever comes to the palace and try to abuse the presidency may not be able to leave the palace, even if the person enjoys a certain immunity,” he added. Lawmakers took the president’s statements as a direct threat to democracy and freedom of speech, denouncing Martelly’s authoritarian tone. But the President went on the offensive targeting Belizaire’s criminal history labeling the parliament refuge for criminals. “Those who speak the loudest are often people who have taken refuge in parliament where ex-convicts and prison escapees hide,” he said.
Alerting the justice department to focus on common criminals hiding in the legislative branch President Martelly warned, “Bad things will happen to you if you have a shady record and get in my way.”

Acknowledging his troublesome past, Belizaire noted he had problems, but served his time, stating the Justice Department cleared him to run for office. “My record is here, so are my documents that prove I was cleared,” Belizaire justified to reporters. As the conflict escalated, mug shots of the deputy being processed by the police circulated the Internet, a witch-hunt and political persecution decried lawmakers. In a 2005 interview with People’s World, the deputy revealed high level officials from the Interim government that replaced disposed former leader Jean Bertrand Aristide recruited him from prison to assassinate ex-Prime Minister Yvon Neptune, his cellmate.

Many constitutional scholars perceived Deputy Belizaire’s arrest and imprisonment, against specific dictates of the Constitution, as a flagrant attack on democracy and accused Police Commissioner Felix Leger of willful disregard for the law. “It’s a disturbing mess that could potentially lead to a serious crisis in the country,” declared the Conventions of Political Parties. After a short visit to the jail, Prime Minister Garry Conille released a note expressing his deep concerned about the imprisonment of a sitting deputy. “The Prime Minister continues to explore all avenues and procedures that can help provide an appropriate exit to this crisis that meet constitutional requirements,” it read.

The commissioner urged the police to carry his order even after writing a letter to Jacinthe, asking him to lift Belizaire’s immunity so the deputy faced justice, as article 115 of the 1987 Haitian Constitution stipulated, which follows:

“No member of the Legislature may during his term be arrested under ordinary law for a crime, a minor offense or a petty violation, except by authorization of the House of which he is a member, unless he is apprehended in the act of committing an offense punishable by death, personal restraint or penal servitude or the loss of civil rights. In that case, the matter is referred to the House of Deputies or the Senate without delay if the Legislature is in session, and if not, it shall be taken up the next regular or special session.”

However, Leger decided to bypass legal imperatives and ordered a sitting parliamentarian arrested and jailed, triggering waves of protests from human rights advocates, legal, political and judicial communities as well as the national press. Meanwhile legislators attributed culpability to President Martelly who, for medical reasons, left the country before the incident. Jacinthe admitted to meeting several times with the president, hoping to avert the incident he complained would degrade both institutions: the presidency and parliament. His efforts proved futile in the face of a president determined to get his man, Sorel explained to reporters.

While the President’s office has not officially responded to the accusations, both houses of Parliament drafted resolutions to retaliate against his new government. The rattled lower house, on vacation until January 2012, vowed to gut Martelly’s government by removing all Ministers implicated in humiliating the House. “We do not recognize the authority of Ministers who orchestrated the kidnapping and illegal detention of a parliamentarian,” hammered Deputy Levaillant Louis-Jeune who also declared, “I will build a case for the impeachment of President Martelly.”

On a parallel universe, the upper house’s resolution targeted specific members of the new government, namely Justice Minister Josue Pierre Louis and Interior and Defense Minister Thierry Mayard-Paul who it said were directly involved. Senators also planned to thoroughly vet members of the new government, including the President Martelly many believe is an American Citizen. While leaders drew their battle lines, worries grow exponentially over the looming political showdown that many leaders in the civil community argued would inevitably put Haiti’s ‘building back better’ on quicksand.