3 Mr. Neptune of a series of criminal acts. In its ruling, the Gonaïves Court of Appeal considered that, since Mr. Neptune was Prime Minister of the Government when the acts for which he was charged had been committed, he should have been prosecuted according to the provisions of Articles 185 to 190 of the Constitution of the Republic of Haiti, which establish a trial of political nature in the Senate sitting as the High Court of Justice. Hence, the Court of Appeal declared itself “incompetent ratione personae” in this matter. 5. The facts of this case occurred in a context of political polarization, public insecurity and institutional deficiencies in Haiti, aggravated, among other factors, by the crisis caused by the local and legislative elections of May 21, 2000. Mr. Neptune was elected to the Haitian Senate in these elections. 3 This crisis was intensified by the lack of consensus concerning possible solutions to correct the electoral irregularities denounced by both the opposition and the international community.4 Subsequently, Mr. Jean-Bertrand Aristide was elected President in the presidential and senatorial elections of November 26, 2000, in which the opposition did not participate.5 Following one mandate as President of the Senate, Mr. Neptune resigned from this position in March 2002 because he had been appointed Prime Minister of Haiti in the Government of then President Jean-Bertrand Aristide.6 6. In the following months numerous acts of political violence, protest and repression took place. Violent confrontations occurred throughout the country between protestors opposed to the Government, demanding the resignation of then President Aristide, and sectors of the National Police of Haiti.7 7. The political crisis intensified towards the end of 2003 and the beginning of 2004. In February 2004, civil disorder broke out in the town of Gonaïves, in the north of Haiti and, in the following days, the conflict spread to other cities.8 8. In its application, the Inter-American Commission described the events that took place in Saint Marc – a city located to the south of Gonaïves – as follows:9 On 7 February 2004, after days of fighting, the armed, anti-government group RAMICOS took control of the police station in the city of St. Marc located approximately 100 kilometers north of Port-au-Prince on the road from Gonaïves to the capital […]. On 9 February 2004, the St. Marc police, aided by a pro-government force named Bale Wouze, regained control of the St. Marc police station […]. 3 106). Cf. Application submitted by the Commission, December 14, 2006, para. 22 (merits file, Volume I, folio 4 Cf. United Nations, Economic and Social Council. Report on the situation of human rights in Haiti prepared by Mr. Adama Dieng, the independent expert, E/CN.4/2001/106, 30 January 2001, para. 5. 5 Cf. United Nations, Economic and Social Council. Report on the situation of human rights in Haiti prepared by Mr. Adama Dieng, the independent expert, supra note 4, para. 9-13. 6 Cf. Statement made before notary public (affidavit) by Yvon Neptune on September 20, 2007, para. 1 (evidence file, volume III, folio 448). 7 Cf. United Nations, Economic and Social Council. Situation of human rights in Haiti: report prepared by the independent expert, Louis Joinet, E/CN.4/2004/108, 21 January 2004, paras. 47-53; and United Nations, Security Council. Report of the Secretary General on Haiti, S/2004/300, 16 April 2004, para. 8. 8 Cf. United Nations, Security Council. Report of the Secretary General on Haiti, supra note 7, para. 9. 9 Cf. Application submitted by the Commission, supra note 3, paras. 25 to 28 (folios 107 and 108).