Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-08
CONTUMACY IN HAITI
OF PROCEDURE.
He Says the Contumax Has Five
Years in Which to Purge
Himself.

Mr.. J. N Leger the Haitian minister,
when asked about the contumacy proceed
ings in his country made the following IN
teresting statement:
For some time past it has been Gus
tomary with a certain class of newspapers
to misrepresent Haiti. They will not take
the trouble of inquiring into the facts or of
becoming acquainted with the Institutions.
the customs of the country; but they avail
themselves of the most trifiing incident to
convey the impression. for reasons of their
own, that the people are not to be relied
upon. The result is that, In the United
States business men have entirely err
roneous idea of Haiti and lose many oppor-
tunities for good and safe investment.
Last December the criminal court of
Port-au-Prince sentenced by default or con-
tumacy several persons Implicated IN a
fraudulent issue of government bonds.
Forthwith many American newspapers made
unusual efforts to create the impression
that the trial was travesty of Justice;
they styled the proceeding farce.
Yet the contumacy proceeding Is far
from being a farce its consequences are
severe Moreover Haiti has no claim to
being the originator of the proceeding, as II
can be found in Roman law. In fact, the
law de reQuirendiS vel absentibus damnan-
dis contains the principles from which pro-
ceeds more or less the contumacy proceed
ing of modern times.
Everywhere men have a tendency to es-
cape if possible. the consequences of their
offenses and, If they have the chance, VIII
endeavor to avoid trial in court, especially
in cases where conviction may imperli
their lives or ruin their character. 1t was
therefore quite natural for societies to de-
wise some means of compelling criminals
to obey the law, and to establish rules
destined to lessen cases OF IMMUNITY
What the Proceeding Means.
1.-The contumacy proceeding, where it OBJ
tains means that no offender can escape
Judgment. 1t is not known in Anglo-Saxon
countries; 1t prevails in England, where 1t
is even more strict than in France: the
property of the fugitive can be confiscated
instead of being merely sequestered. If
such a proceeding Is not farcicar trav-
esty of Justice in the other countries where
it exists why should 1t be so In Haiti? A
brief sketch of this proceeding VIII con-
vince any impartial mind that 1t cannot fall
sooner or later to infiict upon the guilty
parties at least some of the penalty they
deserve. Contumacia or contumacy is the
position of an offender who, after his in
dictment. does not appear in court, or who
being arrested after his indictment, eS-
capes before his trial. and one in such a
position is called 'contumax
THE rules of the contumacy proceeding
and it's consequences can be found In the
code of criminal instruction and in the
civil code of Haiti. When the indicted Grim
inaI cannot be arrested, the chief justice or
the Oldest justice of the court issues an
order granting ten days for his appear
ance stating that If the contumax does not
comply with the summons he will be con-
sidered In rebellion against the law; that
the exercise of his rights a citizen will
be suspended; that all his properties and
belongings whatsoever will be seQuestered
during the contumacy proceeding. and that
during the same time he will be unable to
proceed in justice either as a plaintiff or as
a defendant. On the following Sunday the
order is published in the streets by crier:
It is afterward placarded at the door of
the domicile of the fugitive. at the door of
a Justice of the peace, and at the door of
the court from which 1t emanates. At the
expiration of the ten days, the court, with
out the assistance of any jury. passes its
sentence No lawyer Is allowed on behalf
of the contumax. The end of the law would
be defeated if the indicted person could,
while in hiding. have the benefit of a jury
and of a lawyer. If he could enjoy all the
privileges granted to those who submit OF
the law he would be induced to continue
defying the authority OF the court But he
has still some kind of guarantee. For II
the judiciary information be not In keep
ing with the law, the court Is authorized to
cancel 1t and to order that 1t be begun de
novo;' the court can also dismiss the case
IL 1t be not based upon sufficient evidence.
Any relative friend may appear in court
and state the reasons why the contumax
is not present. II the excuse be fair, the
court may defer its Judgment and delay