HAITI ELECTIONS: SUPREME COURT MOVES IN FAVOR OF

C O N F I D E N T I A L PORT AU PRINCE 003019

SIPDIS

SOUTHCOM ALSO FOR POLAD
WHA ALSO FOR USOAS
S/CRS FOR MICHELLE SCHIMP
TREASURY FOR MAUREEN WAFER

E.O. 12958: DECL: 04/07/2010
TAGS: PGOV PREL HA
SUBJECT: HAITI ELECTIONS: SUPREME COURT MOVES IN FAVOR OF
SIMEUS

Classified By: Classified by Deputy Chief of Mission Douglas M. Griffit
hs for reasons 1.4(b).


1. (U) The Haitian news media reported on December 8 that the
Supreme Court has "requested" that the (Provisional Electoral
Council) CEP reinstate Haitian-American Dumarsais Simeus on
the list of eligible presidential candidates. The Supreme
Court does not have a quorum of five -- the death of Justice
Georges Henry on November 25 left four sitting justices out
of seven. It is not clear whether the court's action
constitutes a formal decision, a restatement of its October
11 ruling that Simeus was eligible to run for office, or a
response to a motion brought before it Simeus himself. Any
decision made by Simeus might also apply to Haitian-American
candidate Samir Mourra, whom the CEP also disqualified.
Mourra had a complaint against the CEP pending at the time of
Henry's death. Technically, having been removed from the
electoral process by government decree on October 20, the
court does not have jurisdiction over subsequent decisions
made by the CEP regarding the eligibility of candidates,
including its final decision to disqualify Simeus and Mourra.


2. (C) News reports also quote Simeus' legal advisor Guerdy
Lissade hailing the court's decision and further announcing
that Simeus would shortly form an alliance with the
"candidate who will win the election." Since his
disqualification by the CEP, Simeus told Emboffs on several
occasions that he would be willing to step aside and ally
with another candidate, but only if the CEP and the IGOH
recognized his Haitian nationality and his right to run.
Lissade's statement may reflect Simeus' intention to use this
Supreme Court action to claim vindication, and follow-through
with plans to seek another role in the new Haitian
government, possibly as Prime Minister. The CEP has yet to
respond to the Supreme Court's action.
CARNEY