Lawyer for Garry Conille Explains PM-Pick's Inconsistencies
- Thursday, September 29, 2011 3:54 PM
PORT-AU-PRINCE, Haiti (defend.ht) - The Prime Minister-designate, Dr. Garry Conille, with inconsistencies in his application for the prime ministry of Haiti was defended by his lawyer, who in an interview attempted to provide explanations.
According to HaÃ¯ti LIBRE, which published the explanations of lawyer for Garry Conille, Kedler Augustin, the Prime Minister hopeful is facing questions of residence, absence of a national identification card and tax statement.
To the question of residence, as Dr. Conille failed to reside in Haiti within the past 5 years, as prescribed by ARTICLE 157-5 in the Constitution of Haiti, Augustin, was quoted by HL as responding:
"...the issue of residence is exhausted in my opinion, there is no doubt that Conille Garry is a public servant, for that matter we have not only proved that by texts, but we published a picture where Mr. Garry Conille handed his credentials to the Head of Government of Niger... The diplomats benefits of the principle of extraterritoriality, this principle clearly states that the person still retains his residence in Haiti."
Garry Conille, unable to produce a national identification card, as required by the constitution was defended by Augustin in this response:
"...It is still necessary to refer to the Constitution, at the level of Article 11 which obliges the citizens to have their national identification card. I also note, that there is Article 3 which obliges the state to issue a national identification card. So there are two obligations: the obligation of citizens to withdraw their card, but also an obligation of the State to issue the card. In fulfilling this primary obligation under Article 11, does Garry Conille had requested his national identification card ? I can not answer, there is a certificate issued by the ONI that justifies that the citizen had requested his national identification card, the reality, is what it is, so far we do not see this card in the folder"
Also unable to produce a record for paying taxes, the lawyer Augustin defend Conille by saying:
"...A public servant, in international law, enjoys of what we call the tax exemption. Garry Conille, gave in the folder some documents, as a precaution because he would not be attacked, thinking that people would not understand the rules of international law, he did, but he was not obliged because I think he has already paid nearly 992.000 gourds. This is an exemption provided by the conventions... a citizen who has the status of international civil servants must not pay [tax in its country], there is no risk of a lack of taxation, but a risk of double taxation, the official risk [without this law] to be taxed, both in the host country and in the country where it lives..."
Dr. Garry Conille received a nearly unanimous vote in the Chamber of Deputies to be ratified. The Senate is carefully reviewing his files and will be presented with a report from a review commission on Thursday.
Constitution of Haiti
To be appointed Prime Minister, a person must have resided in the country for five (5) consecutive years.
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