The judge said that Article 77 of the Criminal Investigating Code made provisions for Aristide’s arrest and that in order to conduct a proper investigation he must ensure the constant presence of the accused and must take “all conservatory measures in this regard”.
As a consequence, the residence of the former president, in the district of Tabarre, is now being guarded by agents of the prison administration, known as APENA, while the perimeter of the residence will be guarded by agents of the Central Department of the Judicial Police (DCPJ ).
“We order those responsible for the Prison Administration to take all necessary measures to secure the residence where the accused is found and to bring him before us, when required, in order to be interrogated on acts of money laundering and illicit drug trafficking blamed on him, “Justice Bélizaire said in his order.
“We order consequently, officials of the Central Department of the Judicial Police to secure the perimeter of the above-mentioned house,” the judge said, noting that the new ruling was part of conservatory measures to ensure that Aristide remain available to judicial authorities and that he can be brought to the judge’s office, as needed, to be heard.
“For these reasons, (we) say and declare that the named Jean-Bertrand Aristide is under house arrest since force must remain with the law,” according to the order dated September 9.
Justice Belizaire also ruled that he alone, as the judge in charge of the case, could now authorise anyone to visit the former head of state at his residence.
Last week, the head of the police service in Haiti appeared before the judge to answer why law enforcement officials had not arrested Aristide, despite an arrest warrant being issued. The Police Chief, Godson Orelus, confirmed the police were in possession of several arrest warrants.
Aristide and several of his former colleagues have been accused of embezzling hundreds of millions of dollars from the State through his organisation, Aristide for Democracy Foundation and other organisations during the period 2001-04.
Aristide, a former Roman Catholic priest, and his colleagues including Mirlande Liberus, Yvon Neptune, Jean Nesty Lucien and Gustave Faubert, have also been banned from leaving the country.
Lawyers representing Aristide have already filed a motion seeking to have Justice Bélizaire removed on the grounds of bias. But despite the motion, the judge has said he had not revoked the warrant for Aristide’s arrest.
Aristide’s lawyers argue that the judge is now obligated to stop all proceedings in the case regarding serious acts of corruption blamed on the former leader, but legal observers say the arrest warrant against Aristide is still valid and that the judge may proceed with the criminal inquiry while relevant judicial authorities examine the request for recusal.
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