the sake of sanitation, it is time to restore the truth and to lift the veil about the status reserved for ambassadors and diplomats targeted by the HAT and who remained faithful to the law.
In fact, just read the expected, the reasons and provisions of the Judgement of the State Council dated December 15, 2010 to be convinced not be appealed and the case of the that since this decision came as a last resort and is binding on everyone, including of course and especially the government of the HAT.
In fact, just read the expected, the reasons and provisions of the Judgement of the State Council dated December 15, 2010 to be convinced not be appealed and the case of the that since this decision came as a last resort and is binding on everyone, including of course and especially the government of the HAT.
First, recall that several ambassadors, appointed by President Ravalomanana and accredited to various countries and international organizations, had been on the part of the HAT, the alleged abrogation of their decrees respective Decree of appointment. Some other diplomats have similarly been, from the Foreign Minister of the HAT, orders to repeal their respective order of appointment. These decisions were immediately followed by the elimination of salaries involved. Since then, they are maintained by the HAT in an intolerable situation abroad.
accordance with the administrative proceeding in the matter, ambassadors and diplomats who are victims of these decisions have each filed an appeal prior to the Minister of Foreign Affairs, before the latter's refusal to grant at their request, seized the State Council. Their applications, based on the concept of abuse of power and will to harm, cancellation decisions were repealed, the restoration of their statutory powers and their wages, and damages.
However, as the Council of State makes clear in its ruling of December 15, 2010, in its defense recognizes that the HAT "Decisions have been taken by the Government to report acts present quarrel, it is no longer necessary to rule as they are now regarded as never having existed" ( cf. Case on page 4, paragraph 8), noting also that "from referral to annul his acts, the government, acknowledging its mistakes, has reported its decisions" (see above, page 5, paragraph 1).
It is also recalled, as is also the Council of State, as his previous stop before the law say May 13, 2010, noting the very serious nature of complaints by ambassadors and diplomats concerned, the Council of State had been brought to order "suspension execution of these decrees and quarreled " (see above, page 8, paragraph 6).
is therefore quite logical that its ruling of December 15, 2010 the State Council , "Whereas the High Authority of the transition took decisions related acts: decrees and quarreled now ... they are now regarded as n who has never existed " and "Whereas in these circumstances it is appropriate to declare the place not to approve the above requests are moot" (see above, page 9, paragraph 4 and 5), statue and reads: "Article 3: It is no longer necessary to approve the above requests," and "Article 4: The costs shall be borne by the Malagasy State.
That is clear and unambiguous. There is no rejection of requests from interested parties on the contrary, they are comforted in their respective positions. And it should be noted, moreover, that logically the state is in effect pay the costs!
For cons, the legal consequences of law, that is mandatory, resulting from that decision, which are at least three orders, must immediately find concrete applications:
1. neither the President nor the Minister of Foreign Affairs of the HAT were constitutionally or legally authorized to replace the President of the Republic or the Minister of Foreign Affairs of the latter to take their place in the impugned decisions;
2. by annulling the decrees and orders of repeal quarreled and renouncing to implement them effectively, legally binds the HAT, voluntarily and compulsorily to reinstate ambassadors and diplomats involved not only in the fullness of their statutory powers and their salaries, but is obliged to take all steps necessary so that they are restored the situation before the repeal of decrees and orders that no longer exist;
3. according to the principle of parallelism and in accordance with the provisions of the Vienna Convention on diplomatic relations and diplomatic practice, since the HAT has knowingly misled the international community in consistently informing the foreign embassies about the supposed end of the mission and return to the alleged ("dismissal ") ambassadors and diplomats concerned, it now undertakes itself to inform the same chancery that in pursuance of the decision of the State Council dated December 15, 2010 they remain at their respective positions.
It is time for the NDT, which claims to return to the path of law, not to say the right path, proves spontaneously without being constrained at less about this affair, taking adequate measures and comply, because it must avoid appearing once again, like playing with people's lives.
RAVATOHASINA
http://www.tim-madagascar.org /
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