23 Senate96 and the president of the Court of Cassation act as its president and vice president, respectively.97 Consequently, in the actual circumstances, the High Court of Justice cannot be constituted immediately and it is not clear when it can be in the future, given that the way it will function before the Chamber of Deputies remains to be determined, and the latter is responsible for formulating the accusation and transmitting it to the president of the Senate; also, at present, the Court of Cassation functions with an acting president and no timetable has been established for the senatorial elections. Accordingly, it is clear that the procedure to be followed before the High Court of Justice and the guarantees for those persons who can stand trial before it have not been determined. a.iv. Mr. Neptune’s current juridical situation 70. In this context, the Court must examine Mr. Neptune’s juridical situation at the time this judgment is delivered. 71. In this regard, Mr. Neptune testified that he had been released from prison on humanitarian grounds, although he had not been given any official document relating to his release and that his liberty could be revoked, because he is still accused of very serious crimes, so that he could return to prison at any time.98 In addition, that the intention of taking him before the High Court of Justice signifies that the Government means to continue the proceedings against him. This situation makes him feel vulnerable, even to a physical attack, and prevents him from taking part in politics in Haiti.99 His representative alleged that the decision of the Gonaïves Court of Appeal could indeed be revoked without the possibility of review, so that Mr. Neptune could return to prison at any time, which means that he is still in a vulnerable situation and that the prosecution started by the interim Government continues.100 72. The Commission agreed with the above when it indicated that the prosecution is still in progress and that Mr. Neptune could be subjected to a political trial, so that there is a real possibility of him continuing to be subject to trial and being imprisoned again.101 73. The State indicated that, when the current Government came to power, Mr. Neptune was in prison, but based on his health and respect for human rights, it intervened to have him released. In addition, the representative of the State was emphatic in the hearing, when he stated that: 96 According to Article 99 of the Constitution, the National Assembly is presided by the president of the Senate. Cf. 1987 Constitution of the Republic of Haiti (evidence file, volume V, folio 730). 97 Cf. 1987 Constitution of the Republic of Haiti, Articles 185-190 (evidence file, volume V, folios 745-746). 98 Cf. Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 26 (folio 455), and statement made by Yvon Neptune during the public hearing held at the seat of the Court on January 30, 2008. 99 Cf. Statement made by Yvon Neptune during the public hearing held at the seat of the Court on January 30, 2008. 100 Cf. Intervention by the representative during the public hearing held at the seat of the Court on January 30, 2008. 101 Cf. Intervention by the Inter-American Commission during the public hearing held at the seat of the Court on January 30, 2008.