April 12, 2025
A dispute has erupted between Port-au-Prince’s Chief Prosecutor, Attorney Lionel Constant Bourgoin, and Justice Minister Me Patrick Pélissier following a decision to transfer Bourgoin to the jurisdiction of Jacmel. The prosecutor, who has held his position since July 2024, firmly refuses to leave his post despite receiving a transfer order. The installation of his successor, Me Frantz Monclair, scheduled for January 13, did not occur, signaling the start of a standoff between the two parties.
Bourgoin justifies his refusal by citing Article 10 of the law establishing the Superior Council of the Judiciary (CSPJ). The article states that a magistrate who is a member of the CSPJ cannot be reassigned during their mandate unless they have previously resigned. “I have an official decree, a mandate supported by this article. I’m waiting to see who will remove me from this position,” he stated, emphasizing his commitment to the rule of law and proper procedure. He also recalled resigning from a similar role after just 25 days, asserting, “I am not attached to a job but to the respect of the law.”
The prosecutor rejects any politicization of his role, maintaining that his responsibilities are purely judicial. “If someone has an issue with my actions, they should take it to the judicial authorities. Changing the prosecutor will not resolve judicial problems,” he remarked. He further noted that Haiti’s current security challenges are the responsibility of the armed state forces, which must establish a stable environment for justice to function effectively.
Meanwhile, other personnel changes have been made across the country’s prosecution offices. Me Carl Giovanni Aubourg, interim prosecutor for the Court of First Instance in Croix-des-Bouquets, has been replaced by Me Guy Alexis. Additionally, Me Charles Edouard Durant has been confirmed as the Chief Prosecutor for Cap-Haïtien. These moves, confirmed by the Minister of Justice, have not been explicitly justified, fueling speculation about the motivations behind the decisions.
In this tense context, Bourgoin reiterates his dedication to Haiti’s judicial system, which he describes as “the last bulwark against arbitrariness.” He has vowed before the CSPJ to ensure the proper functioning of the judiciary in Haiti, a mission he intends to pursue despite mounting pressures. This standoff highlights the tensions within Haiti’s judicial apparatus, where issues of power and legality intersect against a backdrop of significant political and security challenges.
