25865: Boswell: (reply) Re: 25852: Dailey (reply) re #25288: Professor Boswell , the People's Weekly World and Yvon Neptune (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Richard Boswell <boswellr@pacbell.net>

I won't respond to all of the points mentioned in Mr. Dailey's comments -- 
several are worth mentioning.

1)  The fact that a country is and has been engaged in violations of the law in 
the past do not in my mind justify its continued abuse.  The point of my 
involvement in this case with our law students was that we saw an injustice. 
The fact that there was an injustice in this instance does not mean that there 
were no other injustices in other cases.  Indeed, I am familiar with the 
condition of Haitians being returned to that country under the Aristide 
government and we (with our students) raised questions about their abuse at the 
time.  I suspect that Mr. Dailey is responding to how he feels about Yvonne 
Neptune the political figure, than Yvonne Neptune the human being.  Obviously 
Mr. Neptune is not the only one facing long term and indefinite detention in 
Haiti -- but if the Haitian authorities will do this to someone who is able to 
capture international attention, imagine what they are doing to lesser know 
individuals.

2)  The point of the case involving Mr. Neptune was to violate the violation of 
law -- international as well as domestic.  It is an argument, that is kind of 
like a common American expression which goes like this "shit or get off the 
pot."  If a prosecutor (or in this case a judge is unable to bring charges) 
those charges should be dropped.  I'm sorry, but even Haitian law does not 
contemplate that the government should be able to go around arresting everyone 
in sight and then wait a few years to see whether a case can be made.  To Mr. 
Dailey, imagine yourself on the receiving end of such a regime.  I along with 
my students believe strongly that we are trying to help make the system work by 
using the law, and arguing for its application.  You will notice that in our 
case presented to the Human Rights Commission we argued the law, not politics.


 I will not bother to respond to the personal attacks against Mr. Neptune's 
character.