15714: Benodin: Amnesty International Report 2003 (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Robert Benodin <r.benodin@worldnet.att.net>

Amnesty International Report 2003
28 mai 2003
Haiti
Covering events from January - December 2002
Armed supporters of the ruling Fanmi Lavalas (FL) party were accused of
numerous human rights abuses. With the forcible release in August of popular
activist Amiot "Cubain" Métayer from prison by a group of his supporters,
the police force and judiciary appeared to give up serious attempts to
confront FL supporters accused of abuses. There were some accounts of
violence by individuals linked to opposition parties against pro-government
activists. On 25 December unidentified armed men attacked Michèle Montas,
the widow of prominent radio journalist Jean Dominique, and killed her
bodyguard, in an apparent attempt to dissuade the judge investigating Jean
Dominique's death from issuing a full and thorough report of his findings.
This, combined with numerous other threats and violence against journalists,
highlighted ongoing impunity and attacks on free speech. In another worrying
development, a number of "disappearances" and extrajudicial executions were
reported in 2002.
Relations with the international community
After two years of trying to broker negotiations between the Haitian
government and opposition, in early September the General Assembly of the
Organization of American States (OAS) passed Resolution 822. This laid the
groundwork for elections in 2003. However, the initial deadline for setting
up a new provisional electoral council by November was missed, sparking
widespread violence between supporters of different parties. The resolution
also called for normalization of relations between Haiti and international
donors, who had blocked aid following disputed elections in 2000.
Nonetheless, aid remained frozen.
Resolution 822 also urged Haiti to implement a disarmament program as well
as the recommendations made by the OAS-sponsored commission of inquiry into
the events around the 17 December 2001 attack on the National Palace. The
inquiry had concluded that 17 December 2001 was not a coup attempt but that
some law enforcement officers had been complicit in the attack and the
subsequent, apparently premeditated, reprisal attacks by government
supporters. The government published the first part of its own report in
September and announced that it had begun making reparation payments to some
of those affected.
In April the OAS fielded a Special Mission to Strengthen Democracy in Haiti.
In addition, a delegation from the Inter-American Commission on Human
Rights, including the Commission's Special Rapporteur for Freedom of
Expression, visited Haiti in August in response to an invitation from the
government. In September, the new UN Independent Expert on the situation of
human rights in Haiti visited the country.
Political violence
An unprecedented wave of violent clashes in November and December, involving
supporters of opposing parties and at times the police, was sparked by the
failure of political leaders to move towards long-demanded elections. At
least five people were reportedly killed and many more wounded in the
confrontations. On 17 November in Cap Haïtien, the largest ever march in
protest against the government of Jean-Bertrand Aristide was held. It was
peaceful. However, subsequent demonstrations in other parts of the country
were marred by violence by supporters and, at times, opponents of the
government. The Haitian National Police (HNP) were accused of repressing
anti-government protests while failing to intervene to control violent
pro-government crowds. Tensions were exacerbated by the emergence onto the
political scene of military and paramilitary leaders from Haiti's repressive
past. In addition, authorities denounced what they claimed were armed
attacks by former soldiers near the border with the Dominican Republic.
Christophe Lozama, a justice of the peace who supported the FL, was shot and
killed during a clash between pro- and anti-government demonstrators in the
Quimpe 8 area of Lascahobas, Central Plateau, on 28 November. A wave of
searches and arrests, mainly of opposition supporters, followed. Two people
were arrested but were reportedly freed by armed men who attacked the
Lascahobas police station on 10 December. A passer-by was killed outside the
police station during the attack, and three other people were killed by
gunfire in the area that night. Numerous people were reportedly injured when
government supporters wielding whips and throwing rocks violently broke up
an opposition march in Port-au-Prince on 3 December. Police were reportedly
present but did not intervene. On 20 December the authorities announced that
political demonstrations were banned until 8 January 2003.
Jailbreak of Amiot Métayer and its aftermath
Amiot "Cubain" Métayer, a former activist whose attempted arrest was
believed to have sparked the 1994 Raboteau massacre (see Amnesty
International Report 1995), was arrested in Gonaïves, department of the
Artibonite on 3 July, reportedly in connection with the killing of the guard
of an opposition party headquarters in the aftermath of the 17 December 2001
National Palace attack. He was transferred to Port-au-Prince, but after days
of rioting by his supporters, he was returned to Gonaïves prison on 10 July.
On 2 August his supporters broke him out of Gonaïves prison. Over 150
prisoners were believed to have escaped, including the notorious Jean Pierre
Baptiste, alias "Jean Tatoune", a former paramilitary leader sentenced to
forced labour for life for participation in the 1994 Raboteau massacre.
During the clashes between pro- and anti-government supporters at the end of
the year, Amiot Métayer and Jean Tatoune led opposing armed gangs, both of
which were accused of human rights abuses.
Grave violations by the police
In a worrying development, several "disappearances" and extrajudicial
executions by police were reported. In addition, there were numerous
complaints of police brutality.
'Disappearances' and extrajudicial executions On 17 September, FL activist
Félix Bien-Aimé, from the Martissant zone of Port-au-Prince, was reportedly
arrested by the police along with two colleagues, Paul Muzac Jean and Djal
Normil. His supporters claimed that no one had seen the men since, although
Félix Bien-Aimé's burned-out car was said to have been found near Titanyen,
a notorious dumping ground for the bodies of "disappeared" people during the
military dictatorship. Large demonstrations were held to demand news of his
whereabouts, but the HNP denied that he had been taken into custody. Jean
Lewis Bourgouin, a former police commissioner, was reportedly taken into
custody by men in black police uniforms on a street in Pétionville, near
Port-au-Prince, on the night of 13 November. The men were said to have
forced him into a vehicle with official police licence tags. Despite
numerous inquiries by family members, there was no further news of him. On
the night of 7 December, three brothers - Andy Philippe, Angélo Philippe and
Vladimir Sanon - were reportedly taken from their home in the Waney 89 area
of the Carrefour neighbourhood of Port-au-Prince by area police officers.
Their bodies were found in the morgue the next day with bullet wounds in the
head. Their parents filed a formal complaint with the public prosecutor.
Following an internal investigation, the municipal police commissioner was
sacked and three police officers and several others were reportedly taken
into custody ; another officer implicated in the incident reportedly went
into hiding to avoid arrest. Some reports indicated that a potential witness
was killed by hooded men on 17 December in Carrefour. Police brutality In
February a policeman who was reportedly chasing a thief through a crowded
market in Port-au-Prince, fired indiscriminately and killed a 21-year-old
woman, Sherline Coriolan. A pregnant woman and a child were said to have
been wounded. Fleury Lysias, a member of the national Justice and Peace
Commission, was reportedly tortured by police officers following his arrest
in Bon Repos on 24 June (see below). In Petit Goâve on 20 November, at least
seven demonstrators were reportedly wounded when the HNP fired at students
protesting against a rumoured increase in exam fees. Jean Dominique
investigation
The investigation into the killing of Jean Dominique and Radio Haïti Inter
station guard Jean Claude Louissaint continued to be a key test for the rule
of law in Haiti. Investigating judge Claudy Gassant, widely praised for his
tenacious work on the case despite threats, fled the country in January
after President Aristide did not extend his expired mandate. On the second
anniversary of the killings in April, President Aristide announced that the
mandate had been renewed ; however, the judge maintained that he was not
formally notified of this and that the government's failure to do so
indicated that he would still face a precarious security situation should he
return.
In July responsibility for the case was given to investigating judge Bernard
Saint Vil. He interviewed numerous people, including Senator Dany Toussaint
who had resisted appearing before the previous judge despite an indictment
against him. Several arrest warrants issued in the case remained unenforced,
and the issue of Senator Toussaint's parliamentary immunity remained
unresolved. Judge Saint Vil's final report, which would serve as the basis
for any subsequent prosecution, had not been issued by the end of the year.
On 25 December unidentified gunmen attacked the home of Jean Dominique's
widow Michèle Montas, herself a journalist and an outspoken advocate for
justice in his case. One of her security guards, Maxime Séïde, was shot and
killed by the assailants before they fled.
Freedom of speech
Throughout theyeartheauthorities repeatedly stated their general commitment
to freedom of speech, but increasingly added conditions that raised doubts
about the commitment.
Ongoing threats and attacks against journalists About a dozen journalists
were reported to have fled Haiti following the 17 December 2001 attack on
the National Palace and the accompanying violence, during which many
reporters were intimidated or threatened. Other journalists continued to be
at risk throughout the year. Darwin St. Julien of Haïti Progrès newspaper
and Allan Deshommes of Radio Atlantique were among those arrested following
a protest by workers at the Guacimal plantation near St. Raphaël, department
of the North, on 27 May. Both were said to have been seriously injured, but
were reportedly denied urgently needed medical care after being taken into
custody. They were released on 8 June. At the end of the year both men were
still suffering the effects of their injuries. In July Radio Caraïbes
investigative reporter Jacky Cantave was kidnapped and beaten by armed men.
After he was freed the next day, police questioned his version of events and
the authorities alleged he had lied. On 20 August Radio Saca director Joseph
Claudy Milord was reportedly struck by the local mayor inside the court
building of Grand Goâve, department of the West. Reports indicated that the
mayor was angered by the station's reporting of his alleged involvement in
land deals. The mayor was subsequently arrested by order of the prosecutor's
office, but was freed later the same day. Brignol Lindor investigation In
September the investigating judge gave his final report to the prosecutor
about the December 2001 killing of Radio Echo 2000 news director Brignol
Lindor, who was hacked to death in Petit Goâve by a mob that included
members of a pro-FL organization, several of whom reportedly admitted their
involvement in the killing. Ten men, including members of the pro-FL
organization, were indicted and arrest warrants were issued for those not
already in custody. However, the man who was mayor of Petit Goâve at the
time of the killing was not indicted, although he was interviewed by the
judge. In the days before the killing, the former mayor had publicly called
for "zero tolerance" of Brignol Lindor on the grounds that he supported an
opposition party. The Association of Haitian Journalists filed a complaint
about the omission before the Court of Appeal on behalf of the victim's
family.
Human rights defenders under attack
Human rights defenders continued to face attacks and threats. In March,
Patrick Mérisier, a field monitor for the National Coalition for Haitian
Rights, was shot as he waited to be served in a restaurant in
Port-au-Prince. He was wounded in the chest and left arm. In January he had
reportedly received unsigned leaflets warning that he would be killed if he
did not stop his human rights monitoring and community radio broadcasts on
human rights issues. Another of the organization's field monitors, Berthony
Philippe, went into hiding after receiving similar death threats. Fleury
Lysias, a member of the national Justice and Peace Commission, was arrested
at his home in Bon Repos on 24 June. The arresting officers, who were
accompanied by three armed men in civilian clothes, did not have a warrant
for his arrest. They took him to the Bon Repos police station where they
reportedly kicked him and beat him severely with clubs, breaking one of his
arms. They also struck him repeatedly on the ears, damaging his eardrums. He
was reportedly released without charge the next day. On 16 July the home of
human rights defenders Jean Claude and Sylvie Bajeux of the Ecumenical
Centre for Human Rights was attacked by unidentified individuals. Both are
long-term human rights defenders who were victims of repression under
previous governments.
Repression of trade union activities
Two elderly trade unionists - Francilien Exilien and Ipharès Guerrier - were
killed during disturbances on 27 May between demonstrating workers and
supporters of the owners of the Guacimal plantation, among whom were local
officials. Eleven people were arrested, including six trade unionists, their
three drivers and two journalists. The journalists were released on 8 June
(see above), and the drivers and four of the trade unionists were freed
later. The two remaining trade unionists - Jérémie Dorvil and Urbain
Garçon - remained in custody without charge until their release on 2
December. Trade unions called for an investigation into the deaths of
Francilien Exilien and Ipharès Guerrier, but no progress had been reported
by the end of the year.
Justice developments
In March, Ronald "Cadav" Camille, linked to popular organizations supportive
of the FL, was arrested on charges of killing another FL activist outside
the parliament building on 10 September 2001. Ronald Camille's supporters
staged violent demonstrations in protest, but the authorities resisted
pressure to release him.
The Federal Justice Office in Switzerland rejected a Haitian procedure
request dating back to 1986 for former President Jean-Claude Duvalier. His
lawyers had argued that Haiti's justice system could not be guaranteed to
respect due process and that the 15 years that had elapsed since the events
of which he was accused precluded prosecution under Swiss law. Following
political unrest in Haiti, in December Jean-Claude Duvalier announced on US
television his intention to return to the country.
In April an appeal court ordered the release of former coup leader General
Prosper Avril, detained on charges relating to the alleged 1989 torture of
political prisoners. He was freed but immediately rearrested on charges
related to the 1990 Piâtre massacre of peasant farmers.