US embassy cable - 05PORTAUPRINCE3019

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, Elections 
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