After exactly one month of absence, Senator Simon Desras Dieuseul, accompanied by the magistrate, Mr. Fred Legerme Marie, and his lawyer, Hannibal Coffy, makes his comeback in the Senate.

With a decision of the court sharply ruling in his favor, Desras intends to pick up his former chair now occupied by his colleague Andrice Riche, former vice president of the senate.

In January, the former president of the senate who had been invited to as a former parliamentary activity, had summoned the Haitian government to remove the prefix "ex" before his title of senator. As the Haitian state has not retracted and continued to call him "former Senator," Mr. Desras had sued the Haitian government in courts. It is by virtue of the decision of this court - Emergency court that is, in principle, imposing a provisional decision based on form and not substance - Mr. Desras returns to the Senate.

The judge, Mr Bredy Fabien made his decision as follows: "Whereas, according to documents filed in the deliberations of the judge, it is established that the applicant has been elected in accordance with the provisions of Article 95 of the Constitution in conjunction with Article 45 of the electoral law then; that saw his badge issued by the President of the Senate at the time, the judge found that its mandate comes the new term (09) of January two thousand dix¬ seven (2017), it is appropriate, therefore, to the judge noted, appears exhibits filed in the record, that by treating the senator Simon Dieuseul Desras of ex¬ senator, the Chief of Protocol of the National Palace, Sieur Yves Mazile, causes grave harms that deserve to be repaired, in order to avoid any conflict arising or which may arise between two branches of the State. "

He continued: "For these reasons, the judge, given the urgency said and declared admissible in form, the action initiated by the plaintiff because it is just and founded; maintains its competence, and after analyzing the documents, said that the applicant is reached in repute attached to the office for which he won the vote, pending a final decision by the competent authority, orders the Haitian State to instruct the services public in general and the Office of the Chief of Protocol of the National Palace in particular to remove the ex¬ senator improperly epithet attached to Senator Simon Dieuseul Desras who should enjoy the prerogatives and privileges of his rank and function; see the emergency grant provisional enforcement of minute of that decision, rejects purposes, means and defense conclusions. "

"I am in the Senate until 2017"

"If there are two senators in the same department who have the same mandate, I do not see how a responsible state can pick and choose which of them is no longer considered as a senator," said the senator, explaining that on 19 April 2011, there has been a BCEN who proclaimed first senator of the central plateau, and it is to his astonishment he saw fit another special BCEN June 21

The trial "will go to the end to help discover some things," said Desras, the determined air, saying his term ends in 2017.

Asked if there may be two Senators from the same department as the third of the Senate consists of 10 senators, Desras fumed "this does not concern me. You should ask this question to those who have never realized the elections in the country. "

Asked if he will take the chair of Senate President - position held currently by Senator Andris Riché - Desras responded, "With what legal provision was installed this president? I gave him the mandate to succeed me, but now I'm back. "

"Desras is no longer the president of the Senate," blurted Andris Riché

According Andris Riche is a very good thing that Mr. Desras back to the Senate, ensuring that it has no intention to engage in a conflict with him; he regrets, however, that the decision of the court  was not refer this matter to the supreme court. 

The questioning whether he is ready to give way to Senator Desras?

-I Do Not. Desras is no longer the president of the Senate. I can not give him my place. I do not know how this matter will be resolved if he returns to the Senate, continued Andris Riché, however he welcomed that Desras chose the path of justice to settle the case. "This is a very good step because he did not choose to ambush Senator Delacruz.

It remains unclear if this case will be referred to Haiti's supreme court to resolve this matter, as Senator Simon Dieuseul, clearly did abandon his post by not showing up for an entire month; that's when the remaining 10 senators  decided to then choose a president for the body among theselves. A return of Senator Dieuseul to the Haitian senate, as its president or not, won't make any difference however, since the Haitian senate is unable to make quorum after the terms of 2/3 of its members expired January 12th of this year, leaving President Martelly with the constitutional authority to rule Haiti by decree.