The three advisors of the Presidential Transition Council (CTP) have nothing more to fear. Not only do they have the support of their co-presidents, but the justice system also seems to be in their favor.
The Court of Appeal of Port-au-Prince issued its ruling this Wednesday, February 19, 2025, in the case of the National Credit Bank (BNC).
The Court annulled the summons warrants issued in December 2024 by investigative judge Benjamin Félismé against the three presidential advisors: Emmanuel Vertilaire, Smith Augustin, and Louis Gérald Gilles. This decision was made due to the advisors’ status, as the judges of the Court of Appeal consider that presidential advisors are not subject to ordinary courts. Their case must be referred to “a special jurisdiction,” wrote the judges of the Court of Appeal of Port-au-Prince.
The Court ruled that the warrants issued by Judge Félismé did not comply with the provisions of the 1987 Constitution, which outlines a specific procedure for prosecuting members of the Executive and other high-ranking officials accused of serious offenses. These officials fall under the exclusive jurisdiction of the High Court of Justice, a special court composed of Senate members and presided over by the President of the Court of Cassation.
Thus, the Court of Appeal ordered Judge Félismé to continue the investigation while adhering to the appropriate constitutional procedures. This decision raises significant issues for the Haitian judicial system, particularly regarding judicial independence and the fight against corruption.
Meanwhile, the arrest warrants issued against the former chairman of the board of directors of BNC, Pascal Raoul Pierre-Louis, and against Lornick Léandre remain in effect. Pierre-Louis has been indicted for active corruption and bribery, while Léandre is accused of complicity in these actions, according to the ULCC’s investigation into the 100-million-gourde scandal.
Civil society organizations, including the National Network for the Defense of Human Rights (RNDDH), have expressed their concerns following this decision. They highlight the risks of political interference and stress the importance of ensuring the judiciary’s independence. The RNDDH has particularly denounced certain actions of the prosecutor’s office at the Court of First Instance of Port-au-Prince, which it describes as “scandalous.”
This case illustrates the major challenges facing the Haitian judicial system in combating corruption and upholding constitutional procedures. It also underscores the need to strengthen judicial institutions to ensure the rule of law and justice for all.
Finally, it should be noted that presidential advisor Smith Augustin is accused of forgery and use of forged documents, Emmanuel Vertilaire faces charges of passive corruption, while Louis Gérald Gilles is also accused of forgery and use of forged documents in the investigation led by the Anti-Corruption Unit (ULCC).