April 14, 2025
On February 19, 2025, the Port-au-Prince Court of Appeal annulled the summonses issued in December 2024 by Judge Benjamin FÉLISMÉ against Council Presidents Emmanuel VERTILAIRE, Smith AUGUSTIN, and Louis Gérald GILLES. The Court ruled that due to their status, these high-ranking officials cannot be prosecuted in regular courts, ordering Judge FÉLISMÉ to suspend any investigation against them.
This decision comes in the context of a corruption case involving the Banque Nationale de Crédit (BNC). In October 2024, the Anti-Corruption Unit (ULCC) published a report accusing the three council members of soliciting a 100-million-gourde bribe from Raoul Pascal Pierre-Louis, then-president of the BNC board, in exchange for his reappointment. The ULCC had recommended judicial proceedings for abuse of office, passive corruption, and embezzlement of public funds against the council members, as well as obstruction of justice charges against Pierre-Louis.
According to the ULCC report, the council members allegedly demanded this sum during a meeting at a hotel, where phones were collected to ensure confidentiality. Unable to pay the requested amount, Pierre-Louis reportedly offered credit cards with a $20,000 limit to the three council members, which they accepted. These allegations led to Judge FÉLISMÉ issuing summonses in December 2024.
The Court of Appeal’s recent decision raises questions about the immunity of high-ranking officials and the Haitian judiciary’s ability to handle corruption cases involving prominent figures. Civil society organizations are calling for judicial reforms to ensure that all citizens, regardless of status, can be held accountable under the law.
