a1579: BBC: Haiti: Journalists' association head views renewal of Judge Gassant's mandate (fwd)

[Bob Corbett <corbetre@webster.edu>]

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

Haiti: Journalists' association head views renewal of Judge Gassant's
mandate
BBC Monitoring Service - United Kingdom; Apr 4, 2002


Joseph Guyler C. Delva, the secretary-general of the Association of Haitian
Journalists (AJH), has said that the renewal by President Jean-Bertrand
Aristide of the mandate of Judge Claudy Gassant, who is the investigating
judge in the Dominique murder case, "is a step in the right direction".
Delva stressed, however, that Judge Gassant, who is at present in the USA
where he went because of fears for his safety, would have to be given
appropriate security guarantees and the means to do his job, and the Senate
would have to make a decision on lifting the immunity of Senator Dany
Toussaint, who is a suspect in the case. The following is an excerpt from a
report by Haitian Signal FM radio on 3 April:
[Announcer Robens Cheriza] Today [3 April] marks the second anniversary of
the murder of the journalist Jean Leopold Dominique. Once again, the Haitian
press has doubts and is worried. Two years later, the Haitian justice
department remains in an embarrassing situation in Haiti, because no clear
word has been said on the dual murder of 3 April, 2000, the date of the
murders of [former Radio Haiti Inter director and owner] Dominique and his
caretaker Jean-Claude Louissaint, who were killed by unidentified bandits.
Since then, reactions have continued to pour in from national and
international entities through conferences, debates and days of reflection
in Haiti and abroad. Graffiti, peaceful marches and other activities have
marked these two years. Many things have been said by the three branches [of
government].
However, the truth is very far away because the executive branch, through
President Preval, did not neglect to condemn these acts. It promised to shed
light on them immediately. Aristide, who took power on 7 February 2001, made
the same promises.
Nevertheless, two years later, not even a fake trial has begun to allow
people to say what they knew and what they saw. Even the preliminary results
of the investigations have not yet been published, which means that civil
society still does not have information on this issue.
At the judicial level, three examining judges have succeeded one another.
But nothing serious has come out of this. The investigations began with
Judge Jean Senat Fleury [phonetic] [words indistinct] keep telling
journalists that the investigations are secret. Judge [Claudy] Gassant
managed to hear various personalities including [Senator] Dany Toussaint
whom the examining judge has charged with Dominique's murder.
All this was done while Louis Gary Lissade, who was then minister of
justice, never stopped saying that he would do all he could to help the
investigations move forward. The case was going to be referred to the
legislature as Gassant requested that parliament should lift Senator
Toussaint's immunity with the understanding that this would help justice to
do its work.
But the Senate executive office, which was then headed by Senator [now Prime
Minister] Yvon Neptune, did not agree with this request because Toussaint's
immunity has never been lifted in spite of the insistence of Senators Louis
Gerald Gilles, Clones Lans and Pierre Sancon Prince...
Up to now, nothing has been done. However, very late last night, we learnt
that President Aristide had decided to renew the mandate of Judge Gassant,
who is now in the United States. The head of state made this decision after
many sectors had asked for the renewal of Gassant's mandate. Judge Gassant,
whose mandate expired on 4 January, took refuge in the United States for
security reasons.
Reactions have begun to be received. The Association of Haitian Journalists
[AJH] thinks the renewal of Judge Gassant's mandate is something positive.
We have with us Joseph Guyler C. Delva, the secretary-general of the
Association of Haitian Journalists [AJH], who is going to speak live.
Delva, is AJH happy with this decision?
[Delva] Indeed, we have received this decision with satisfaction. We think
it is a step in the right direction. We had been asking the president to do
this a long time ago. It is true that he has waited a long time. He has made
the decision late. But the decision has finally been made. We think that it
is something good, it is a good development.
However, even though Gassant's mandate has been renewed, security guarantees
must be given so that he can return. The officials of the executive branch
must take every necessary measure to give him all the logistical means he
needs to do his job. The Senate must also give a verdict as to the request
regarding the lifting of Senator Toussaint's immunity, which has not yet
been done.
Senator Toussaint must cooperate also in this matter. He said recently that
he would never agree to appear before Judge Gassant whether or not he has
parliamentary immunity. We think this statement is unacceptable. It shows
that Senator Toussaint is not ready to respect - if you wish - even the law
and the constitution, because both give the judge the authority to summon
anyone who he thinks may have something to tell him about the investigations
into Dominique's murder.
Therefore, we are calling on Senator Toussaint to regain his self-control,
to understand that it is necessary and that it is even in his interest to
cooperate in this matter. It is true that he cannot be arrested if his
immunity has not yet been lifted. But the constitution and the law in Haiti
do not prevent the judge from summoning the senator to ask him questions.
The senator answered several invitations in the past. He can continue to
answer the summonses while waiting for the Senate to give a verdict; and the
Senate can do so as soon as possible if it has the necessary political will
to do so.
We request that these obstacles should be removed in order to ensure that
the judge takes up the case again. He is the one who is supposed to resume
the case as the principal examining judge in the case, because he is the one
who led it for 16 months. Obviously, he can always be assisted by Judge
Josia Agnant. We do not have any problem with that.
[Cheriza] Based on this decision, Delva, has the AJH begun trusting the
process again?
[Delva] Yes, we believe that a positive step has been taken, as we said. But
we are still going to wait and see, because if the mandate is renewed while
the proper accompanying measures are not taken, it would be as if nothing
had been done.
That is why we are insisting on that - [changes thought] Yesterday, an AJH
delegation met the justice minister, lawyer Jean-Baptiste Brown. We
discussed this issue with him even though the information regarding the
decision to renew the judge's mandate had not yet been announced. He told
us - given that he was certainly aware of that - that in the event that
Judge Gassant's mandate was renewed, every measure would be taken in order
to guarantee the judge's security and to give him the means to work. We are
calling for these promises to be complied with.
[Cheriza] Delva, Signal FM thanks you. That was the reaction of the AJH
secretary- general following President Aristide's decision to renew the
mandates of three judges, including Gassant, for the continuation of the
investigations into the dual murder of 3 April 2000...
Source: Signal FM Radio, Port-au-Prince, in Creole 1230 gmt 3 Apr 02
/BBC Monitoring/ © BBC.