
The Superior Council of the Judicial Power (CSPJ in French) is contesting the regularity of the transfer to the United States of 18 individuals indicted in Haiti in the case of former President Jovenel Moïse’s assassination. In a note published Tuesday, the institution affirms that their transfer was carried out without the authorization of the investigating judge handling the case, contrary to the rules of judicial procedure it recalled.
The CSPJ stated it learned “with astonishment” that the Ministry of Justice and Public Security had ordered the transfer of the detainees to the United States. According to the Council, once an investigating magistrate is lawfully handling a case, the individuals indicted and placed under their supervision cannot be moved without prior consent from that magistrate.
The 18 indicted individuals were transferred Sunday to Miami aboard a U.S. military aircraft and must now answer to charges before U.S. federal courts. They are among 30 people indicted by a federal grand jury in Florida for alleged involvement in the plot that led to the assassination of Jovenel Moïse on July 7, 2021.
Beyond the procedural question, the CSPJ believes this decision raises questions about the independence of the judiciary. The institution considers that the Executive Branch could not unilaterally decide on moving individuals already involved in a judicial proceeding in Haiti, thereby reopening the debate on relations between Haitian judicial authorities and U.S. authorities in this case.
