Four days before he would be sworn in as a Senator in Haiti and thus gain immunity, 2004 coup leader Guy Philippe was extradited to the U.S. on drug charges. As Philippe is a Haitian national, this move appears to be illegal based on Haiti’s Constitution. This article outlines the corresponding articles of the Constitution and a few treaties relevant to this matter.
Part of the article is below. Click HERE for the full text.
Haiti – FLASH : Guy Philippe was extradited on what legal basis ?
January 11, 2017
Many wondered about the legality of the extradition of Senator Guy Philippe on Thursday January 5th, great is the confusion in the minds of many including our parliamentarians, what say the texts of laws in Haiti ?
First of all, many speak of the agreement signed on 17 October 1997 between US Secretary of State Madeleine Albright and President René Préval, which would have served as a legal basis for the extradition. To be precise, none of the articles of this agreement makes mention of extradition, even when interpreting it in the broad sense…
There is indeed an extradition treaty between Haiti and the United States, but it is dated August 9, 1904, and it is stipulated in its article 4 “None of the contracting parties will be bound to deliver its own citizens.”
The amended Haitian Constitution, currently in force, is very clear :
Article 8.1 “The Territory of the Republic of Haiti is nviolable and may not be alienated either in whole or in part by any Treaty or Convention. ”
Click HERE for the full article.