a310: Haiti : Request for sanctions to be imposed on twenty-four Haitian officials (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: RSF Americas <ameriques@rsf.org>

11 January 2002

Request for sanctions to be imposed on twenty-four Haitian officials


</bold>Concerned over the impunity that the authors of acts of violence
against journalists benefit from in Haiti, the Damoclès Network, an
association fighting against impunity and Reporters without Borders
(RSF- Reporters sans frontières) request the European Union and the
United States Congress to impose individual sanctions on twenty-four
Haitian officials. Those officials, by omission, are also hindering
inquiries aimed at shedding a light on those responsible for the
assassinations of two journalists, Jean Dominique and Brignol Lindor.
The personalized sanctions that have been requested are of two types :
refusal of visas to enter and to transit countries that are members of
the European Union, as well as the United-States concerning all persons
cited, including members of their family, and the freezing of all funds
held abroad. These measures are all the more vital as the impunity that
reigns in these two cases is systematically being served as a strategy
by the authorities to muzzle journalists that are considered to be too
critical towards the government.


Please, find herewith a copy of the letter sent to :

- Josep Piqué, Spanish Minister for Foreign Affairs, in charge of the
European Union presidency.

- Colin Powell, Secretary of State.

- Joseph R. Biden Jr. and Henry J. Hyde, respectively Chairman of the
Senate Committee on foreign relations and Chairman of the House of
Representatives Committee on foreign relations.

- Christopher J. Todd and Elton Gallegly, respectively Chairman of the
Senate Sub-Committee on the Western Hemisphere affairs and Chairman of
the House of Representatives Sub-Committee on the Western Hemisphere
affairs.




<bold>Mr.Colin L. Powell

</bold>Secretary of State

U.S. Department of State

Washington, D.C. 20520

United States of America


Paris, 11 January 2002


Sir,


The Damoclès Network, an association fighting against impunity and
Reporters sans frontières (RSF - Reporters without Borders), an
international organisation that defends press freedom request the
Cabinet of the European Union and the United States Congress to impose
individual sanctions on Haitian officials and politicians that, by
omission, hinder all inquiries aimed at shedding a light on the
assassinations of Jean Dominique, director of Radio Haiti Inter,
assassinated on the 3rd of April, 2000 and Brignol Lindor, a journalist
working for Radio Echo 2000, assassinated on the 3rd of December,
2001.


The two organisations are extremely concerned with the fact that the
impunity that reigns in these two cases is being served as a strategy
by the authorities to muzzle journalists that are considered to be too
critical towards the government.


The attacks being carried out against press freedom are systematic. In
2001alone, forty journalists were attacked or threatened. Those
responsible for these acts of violence, in most cases partisans of
Fanmi Lavalas (currently in power), were not harassed. Over a dozen
journalists have also been forced into exile.


On the 3rd of December, the journalist Brignol Lindor, in charge of the
news of the radio station Radio Echo 2000, a private station in
Petit-Goâve, was killed by stones and machetes. On the 30th of
November, Dumay Bony, deputy mayor of Petit-Goâve, cited the journalist
and called for a system of " zero tolerance " to be enforced against
members of the opposition. Launched by president Aristide, the policy
of " zero tolerance " gives a free hand to policemen to deal with any
offenders caught red-handed. According to an inquiry carried out by the
Association of Haitian Journalists (AJH), members from the popular
organisation, "Domi Nan Bwa ", close to Lavalas, admitted having
murdered Brignol Lindor. The public prosecutor’s office of Petit Goâve
issued nine arrest warrants to members of "Domi Nan Bwa " as well as to
Dumay Bony himself. To this day not one of the arrest warrants have
been put into effect.


Impunity also continues in the case of Jean Dominique, a journalist and
political analyst shot down on the 3rd of April 2000 in the courtyard
of his radio station Radio Haiti Inter. Known for his independant tone,
Jean Dominique criticized former supporters of Duvalier, the military
and prominent bourgeoisie families of whom he suspected, within the
party of Lavalas, the party of the president Jean-Bertrand Aristide,
just before dying, of wishing to divert attention away from " the
movement  towards his principles ". The inquiry into his murder has
confronted a number of obstacles and has not yet beenaccomplished to
this day.


The investigating magistrate in charge of handling the case, Jean-Sénat
Fleury, dropped the case after some pressure. On the 26th of July 2000
he had invited Dany Toussaint, not yet a senator, to stand as a
witness. The latter appeared with a group of "chimera’s " (henchmen
recruited from working-class neighbourhoods of the capital) who had
come to yell hostile slogans under the steps of the courts of law.


Judge Claudy Gassant took over the case in September 2000. On several
occasions he was threatened with a weapon by representatives of the
state, among them the deputy Millien Rommange (Fanmi Lavalas), the
police superintendent, Paul Evens Saintune, and members of the security
service of the presidential palace.


The measures of security promised to the judge by the Minister of
Justice, Gary Lissade, were often delayed in being put into action and
were regularly altogether withdrawn.


The Senate is also obstructing the investigation. In November 2000,
Claudy Gassant in turn invited senator Dany Toussaint to stand as
witness. The senator turned down the request and put forward the
parliamentary immunity granted to the senator. Finally, on the 21st of
February 2001, Dany Toussaint appeared voluntarily before the judge.
After being heard on several occasions by the latter, Dany Toussaint
was charged in May. Denouncing a " huge plot ",  the senator then
opened a procedure challenging Judge Gassant over witnesses that were
illegally obtained from a prison. In August 2001, Claude Gassant asked
the Senate to vote to take away his parliamentary immunity. This has
not yet been passed.


Elsewhere, journalists suspected of having participated in the
assassination of Jean Dominique, have died under troubling
circumstances. In this way, Jean-Wilner Lalanne, suspected of having
been used as a middle-man between the people behind the murder and the
murderers themselves, died in June 2000 from a minor operation,
following his arrest. Also, in November 2000 the circumstances of the
death of Panel Rénélus, the supposed murderer of Jean Dominique, which
was brought on by a crowd of demonstrators  the day after his arrest by
the police remains unclear and shady. Claude Gassant asserted that he
"was thrown into the crowd " by the police.


Finally, the judicial police department have not yet given any orders
to carry out the arrest warrants which were issued to Richard Salomon
and Franck Joseph, respectively right-hand man and bodygaurd of Dany
Toussaint, both suspected of having taken part in the murder of Jean
Dominique. Elsewhere, Paul Raymond, the spokesman of TLK (Ti Kominote
Legliz) and René Civil, the spokesman for Jeunesse Pouvoir Populaire
(JPP- Youth Power Movement), held a press conference in September 2001,
despite the fact that they had been issued warrants of arrest by the
police.


In the face of such systematic violations against press freedom in
Haiti, violations which are jeopardizing democracy and the
constitutional state, we request that you impose two types of sanctions
on officials and Haitian politicians, who, from their position of
authority, are hindering the progress of investigations and are
maintaining a climate of impunity for the authors responsible for
carrying out acts of violence against journalists.


Informed of the economical sanctions that have been imposed on Haiti by
the European Union, our two organisations consider, nevertheless, that
targeted measures would be a more efficient method to restore press
freedom as well as the constitutional state in this country.


 We hope that our initiative is taken into consideration and we look
forward to hearing from you . Meanwhile, we send our regards and thank
you for your attention.






Robert Ménard					Fernando Castello

President of Damocles Network			President of Reporters sans frontières


 <bold><underline>1 - Nature of Individual Sanctions


</underline></bold> -<bold> Refusal of Visas

</bold>In order to prevent the entry and transit into countries
belonging to the European Union, people whose names have been cited in
paragraph 2, as well as members of their family, will not be granted
visa entry or transit.


- <bold>The freezing of funds held abroad</bold> by persons cited in
paragraph 2.



<bold><underline>2 - People concerned claiming individual sanctions


</underline>Jean-Bertrand Aristide</bold>, President of the Republic of
Haiti


<bold>Jean-Marie Chérestal</bold>, Prime Minister


<bold>Henri-Claude Ménard, </bold>Minister of the Interior


<bold>Jean Gérard Dubreuil</bold>, Secretary of State for Public
Safety


<bold>Gary Lissade</bold>, Minister of Justice


<bold>Guy Paul</bold>, Minister of Culture and Communications



<bold>Yvon Neptune</bold>, President of the Senate - Member of the
Commission in charge of examining the request to lift Senator Dany
Toussaint's parliamentary immunity


<bold>Jean-Marie Fourel Celestin</bold>, Senate Vice-President - Member
of the Commission in charge of examining the request to lift Senator
Dany Toussaint's parliamentary immunity


<bold>Ary Desir</bold>, Senator - Member of the Commission in charge of
examining the request to lift Senator Dany Toussaint's parliamentary
immunity


<bold>Norma Fortin</bold>, Senator - Member of the Commission in charge
of examining the request to lift Senator Dany Toussaint's parliamentary
immunity


<bold>Myrlande Libérus	</bold>Senator - Member of the Commission in
charge of examining the request to lift Senator Dany Toussaint's
parliamentary immunity


<bold>Victor Magloire</bold>, Senator - Member of the Commission in
charge of examining the request to lift Senator Dany Toussaint's
parliamentary immunity


<bold>Dany Toussaint</bold>, Senator



<bold>Jean Nesly Lucien</bold>, Haitian national police director
general


<bold>Jean Dady Siméon</bold>, Haitian national police spokesperson


<bold>Jeannot François</bold>, Director of the Criminal Investigation
Department


<bold>Pierre Evens Saintune</bold>, Police Commissioner


<bold>Michel-Ange Jean-Baptiste</bold>, Commissioner of Léogane


<bold>Alix Alexandre</bold>, Former commissioner of Léogane


<bold>Dumay Bony</bold>, Former Petit-Goâve mayor's assistant


<bold>Lise Pierre Pierre</bold>, Chief judge of the Port-au-Prince
Court



</fontfamily>
Régis Bourgeat

Despacho Américas / Americas desk

Reporters sans frontières

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