12397: RSF: Jean Dominique case: Judge Gassant: "I have nothing to do with this any more." (fwd)

[Bob Corbett <corbetre@webster.edu>]

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


RSF NETWORK
25 June 2002

HAITI
Jean Dominique case
Judge Gassant:  "I have nothing to do with this any more."

Reporters Without Borders, the Haitian Journalists' Association and the
Damocles Network call for the case of the murdered journalist to be
transferred to another judge.

Exiled judge Claudy Gassant, formerly in charge of investigating the April
2000 murder of prominent radio journalist Jean Dominique, has denied the
Haitian government's claim that it officially informed him he was being
reappointed to lead the enquiry.

He told Reporters Without Borders that remarks by presidential spokesman
Jacques Maurice, reported in the Haitian daily paper Le Nouvelliste on 11
June, that he had twice been formally notified were not true.

Instead of contacting him, he said, the government had tried to blame him
for the hold-up in the investigation. But it was President Jean-Bertrand
Aristide himself who was blocking it, he said, adding: "I have nothing to do
with this case any more." Despite Aristide's public reassurances, his life
would probably be in danger if he returned to Haiti from the United States,
he said.

Following Gassant's remarks, Reporters Without Borders, the Damocles Network
and the Haitian Journalists' Association (AJH) called for the case to be
transferred to another judge. "There is now no reason for this investigation
to remain without anyone in charge of it," they said in a joint letter to
Jocelyne Pierre, head of the Port-au-Prince civil court.

"We regret Judge Gassant's position, but the most important thing is that
the legal process continues so that the investigation [which Gassant had
completed] can be officially declared at an end and the trial of those
accused of the crime can begin," said Reporters Without Borders
secretary-general Robert Ménard, AJH secretary-general Joseph Guyler C.
Delva and Damocles vice-president Jean-Pierre Getti.

They called on Judge Pierre not to focus on procedural matters that would
hold up the appointment of a new judge in the case. "It is no longer
important whether it was President Aristide or Judge Gassant who did not
follow the right procedures. The facts are that Aristide said he was
reappointing Gassant and Gassant has indicated he is no longer interested in
the job. The extreme importance of this case for Haitian society requires
that it now be handed over as soon as possible to another judge who is
competent and independent," the three bodies said.

Jean Dominique, Haiti's best-known journalist and political commentator, was
shot dead on 3 April 2000 in the courtyard of the radio station he ran,
Radio Haiti Inter. He was famous for being outspoken and criticised former
Duvalierists, ex-army figures and the country's rich families alike.  Not
long before he was killed, he also accused people inside Aristide's Fanmi
Lavalas party of trying to "divert the movement from its original ideals."

The investigation of the murder was assigned to Judge Gassant in September
2000 after the previous judge in charge of it, Jean-Sénat Fleury, resigned
after receiving threats. Gassant's term expired on 3 January this year and
was not renewed by Aristide. It was, however, three months later, on 1
April, after national and international pressure.
A presidential spokesman then said the Dominique enquiry would once more be
his responsibility. Gassant has not formally responded to this decision,
saying it has not been officially forwarded to him in the United States,
where he has been living since January. During the 16 months he was
investigating the murder, he was frequently threatened and subjected to
pressure.

--
Régis Bourgeat
Despacho Américas / Americas desk
Reporters sans frontières
5, rue Geoffroy-Marie
75009 Paris - France