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12443: NEGATIVE RESULTS ABOUT THE ACTIONS TAKEN BY THE LAVALAS REGIME (fwd)
From: Robert Benodin <r.benodin@worldnet.att.net>
CONVERGENCE DÉMOCRATIQUE (DEMOCRATIC CONVERGENCE)
105, Avenue Lamartinière, Bois-Verna
Port-au-Prince, Haiti
Tel.: 245-4534
Announcement
NEGATIVE RESULTS ABOUT THE ACTIONS TAKEN BY THE LAVALAS REGIME IN RESPONSE
TO REQUESTS PRESENTED BY THE CONVERGENCE IN ORDER TO RESUME NEGOTIATIONS
The Democratic Convergence notes that, to this date, no action has been
taken about the requests that it presented to the de facto Lavalas regime
during a face-to-face meeting at the Nunciature on June 15, 2002. The
Democratic Convergence had submitted to Lavalas the points described in the
attached document, to be implemented prior to starting any negotiation with
the de facto regime.
The Convergence took that position on the basis of the January 15, 2002 OAS
Resolution 806, paragraph 4, “calling on the Haitian Government to act
diligently in order to establish a safe climate guaranteeing the necessary
conditions for the resumption of OAS supervised negotiations, including:
a. A thorough and independent investigation about the events of December 17,
2002 and the following days;
b. The prosecution and dismissal, as appropriate, of any individual found
guilty of conspiracy in the acts of violence of December 17, 2001 and the
following days;
c. A thorough investigation about all politically motivated crimes;
d. Compensation for organizations and individuals who suffered damage
resulting directly from the acts of violence of December 17, 2001."
The Democratic Convergence notes that Lavalas does not have the political
will to implement OAS Resolution 806 and act upon the requests submitted by
the Democratic Convergence, in spite of the suffering and poverty of the
Haitian people who hopes for a solution to the current crisis, which caused
the freezing of all financial aid to Haiti.
Port-au-Prince, June 27, 2002
Gérard PIERRE-CHARLES Victor
BENOIT
OPL
Espace de Concertation
Hubert de Ronceray
Luc MESADIEU
MPSN
MOCRHENA
AGENDA FOR SETTING THE STAGE TO RESUME THE NEGOTIATIONS, SUBMITTED BY THE
DEMOCRATIC CONVERGENCE TO THE LAVALAS REGIME
1.- BRING TO JUSTICE THE INDIVIDUALS IDENTIFIED WHILE PARTICIPATING IN
VIOLENCE ON DECEMBER 17, 2001
Requested by the Democratic Convergence :
The victims have filed lawsuits, and articles 30, 31, et al. of our Criminal
Code require the immediate arrest of the bandits caught in the act and
identified by public clamor.
The Government Attorney can easily identify those responsible for the
crimes. His duty is to issue against them the warrants required by law, so
that they can be presented to an Investigating Magistrate, charged, and
subsequently tried according to the law, as described in chapters IV, V, and
VI of the Criminal Code.
Implemented by the Lavalas regime :
NOTHING
2.- OPEN AN INVESTIGATION ON THE ASSASSINATION OF JEAN DOMINIQUE, CLAUDE
LOUISSAINT, BRIGNIOL LINDOR, RAMY DARANT (GONAIVES), AND MARC ANDRE
DUROGENE
Requested by the Democratic Convergence :
The Ministry of Justice, who is responsible for the Administration of
Justice, must take the appropriate administrative measures to demand that
within 90 days, as required by the Judicature Act and the July 29, 1979 Act,
the Investigating Magistrate and the Government Attorney submit the Final
Decision of the Investigating Magistrate about these important cases. The
Government bears the responsibility for any delay when no disciplinary
measure is taken, and its responsibility (both for civil and criminal) is
constitutionally confirmed for the facts described above.
Implemented by the Lavalas regime :
NOTHING
For instance, in the case of Mr. Ramy DARANG, bodyguard of Dr. Luc MESADIEU,
president of MOCHRENA, this person was assassinated in Gonaives on December
17, 2001 by Messrs. Amiot METAYER, alias "Cuban", William JOSEPH, Beauvoir
ULYSSE, and Frantz Delano JOSEPH. They were caught in the act and identified
by public clamor but, to this day, they have never been bothered. Those
individuals against whom lawsuits have been filed, or who have been
identified by public clamor particularly in Port-au-Prince, Gonaives,
Petit-Goave, Cap-Haitien, Cayes, Jeremie, Thiotte, etc. must be brought to
justice.
Implemented by the Lavalas regime :
NOTHING
Those individuals must be prosecuted according to the law, and they must be
arrested for their crimes of assassination, destruction of property,
looting, and conspiracy, and tried and convicted in an open trial.
Implemented by the Lavalas regime :
NOTHING
3.- REOPEN THE INVESTIGATIONS ABOUT THE ASSASSINATION OF MIREILLE DUROCHER
BERTIN, REVEREND ANTOINE LEROY, JACQUES FLORIVAL, REPRESENTATIVE JEAN-HUBERT
FEUILLE, YVON TOUSSAINT, FATHER JEAN PIERRE-LOUIS, COLONEL JEAN LAMY,
GENERAL MAX MAYARD.
Requested by the Democratic Convergence :
The Democratic Convergence would welcome the sending by the Government
Attorney’s Office of a Rogatory Letter about X to an Investigating
Magistrate in order to reopen the investigations, while the Judge
responsible for the case would receive, within 90 days from the sending of
that letter, the reports of any investigation commission (national and/or
international) about those politically motivated crimes.
In concrete terms, the Ministry of Justice must mandate an investigation to
avoid the expiration of the statute of limitations, whch expiration would
allow those responsible for perpetrating serious crimes in the country to
remain unpunished.
Implemented by the Lavalas regime :
NOTHING
4.- ABOUT DISARMAMENT
Requested by the Democratic Convergence :
A four-party commission will be appointed to monitor the disarmament
process, and include:
- one Government representative
- one representative of the International Community
- one representative of the Democratic Convergence
- one representative of the Civil Society and of the Christian Churches.
Implemented by the Lavalas regime :
NOTHING
The June 12, 2002 proposition about the disarmament process states the
following: “Obtain the monitored surrender, to the proper authorities, of
the war weapons detained by the bodyguards of some officials, members of
territorial communities, as well as known thugs (chimères).“ »
Implemented by the Lavalas regime :
NOTHING
5.- COMPENSATION FOR THE VICTIMS OF DECEMBER 17, 2001
Requested by the Democratic Convergence :
Based on the OAS provisions and reports of the Advisory Council for
Compensation, and after visiting the victims, the affected parties shall
receive compensation or be paid for damage directly.
Implemented by the Lavalas regime :
NOTHING