15754: Nadal" Re: Lavalas violations of human rights for April & May 2003. (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Olivier Nadal <o_nadal@bellsouth.net>

Human Rights Situation Report:  April & May 2003
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Introduction
Chronic issues of insecurity, impunity, violence and corruption continued to
take its toll on the country during the months of April and May.  According
to a report published by the Justice and Peace Commission (JILAP) the level
of insecurity and violence in Haiti is escalating at an alarming rate.
According to the report, one hundred and seventeen (117) bodies were found
in the metropolitan zone between November 2002 and February 2003, with
forty-four (44) of those being discovered in February alone.   The report
also highlighted ongoing armed conflicts in the populous slum of Cité Soleil
and various neighbourhoods of Delmas.

Diplomatic ties between France and Haiti were weakened by the Haitian
government's demand for the reimbursement of $21 billion USD * the
equivalent of the sum Haiti was required to pay France for its independence.
Haiti declared independence in 1804 but France did not recognize the
nation's sovereignty until 1838 after the full payment had been made.  The
Haitian government made the request on the occasion of the 200th anniversary
of the death of Haiti's Father of Independence, Toussaint Louverture.
French President Jacques Chirak did not entertain the request.

Eight months after the publication of OAS Resolution 822, the Haitian
government has failed to demonstrate sufficient political will to implement
the OAS recommendations.  The Provisory Electoral Council (CEP) is at an
impasse and individuals implicated in criminal activity continue to roam the
streets.  The OAS began to discuss the possibility of applying sanctions
against Haiti as provided for in the organisation's charter.

PNH Leadership Further Questioned
Continued doubt surrounds the recent changes in the leadership of the
Haitian National Police.  Following OAS demands, several changes to the
institution's management were made in March 2003.  However, suspicions
quickly arose with regards to the choices of Jean Claude Jean-Baptiste and
Evans Pierre Sainturné, for the positions of Director of the PNH and Chief
Inspector General, respectively.  Both men have been named as suspects in
previous and unrelated murder cases.  Haitian human rights organizations
also became concerned when Jean-Baptiste named former Assistant Mayor of
Port-au-Prince, Harold Severe, as a key member of his cabinet.   According
to Investigating Judge Bernard St. Vil, Severe is implicated in the Jean
Dominique murder case.

PNH begins to apply Resolution 822
In conformance with OAS Resolution 822, leaders in the PNH organized and
held a weapons and firearms training session for members of the national
police force.  Based on the notion that the control of firearms is a civic
duty, the seminar expanded on the issues of disarmament to include
information on different types of weapons and the specific dangers they
present.

Blanket Impunity for Petit Goâve Police Officers
The reputation of the PNH officers stationed in Petit Goâve continued to be
tainted by another brutal murder case in the town.   Five (5) individuals
were shot to death during the early hours of May 21/22, 2003, in the
district of "Fort Liberté".  According to key witnesses, the murders were
carried out by members of the police force.

The newly installed Chief General Inspector of the PNH, Evans Pierre
Sainturné, visited Petit Goâve shortly following the incident.  However,
instead of opening an investigation into the alleged implication of police
officers, as is the role of the institution over which he presides,
Inspector Sainturné rather declared his solidarity with the PNH officers of
Petit Goâve.

An independent investigation by human rights organizations into the incident
is pending.

Family of 10-year old rape victim demand justice
Ten (10) year-old, Kéou was allegedly raped in early January 2003 by sixteen
(16) year-old Mark Doe, who lured Kétou in to an alleyway saying that he had
a message for her older brother.  Once out of sight, Mark proceeded to rape
Kétou, threatening to kill her if she told anyone about what had happened.
Shortly thereafter, Kétou began getting sick.  After several attempts to
determine the cause of her problems, Kétou was examined by a doctor who
determined that she was five (5) months pregnant.

Kétou's family filed a complaint against Mark with a Justice of the Peace of
Carrefour on April 16, 2003.  Mark was arrested by police on April 17, only
to be released on April 18, 2003.  Disturbed by the blatant disregard for
justice, the family filed a complaint at the State Prosecutor's office on
April 28, 2003.  Mark was arrested for the second time on April 28, 2003 and
a meeting at the State Prosecutor's office was set for May 5, 2003.  In the
meantime, Mark's lawyer began dialoguing with the Assistant Prosecutor to
release Mark, promising that his client would be present at the upcoming
meeting.  Following the intervention of a colleague, she agreed to the
release on the condition that the lawyer guarantee Mark's presence at the
May 5 meeting.  Despite the lawyer's promises, Mark was not present at the
May 5 or the May 7 meetings.  A final meeting was to be held on May 9, 2003;
however, the Assistant State Prosecutor was absent.  The meeting was
adjourned indefinitely.

A delegation of representatives from various human rights and women's
organisations arranged a meeting with the principal State Prosecutor, during
which it was confirmed that the case had not passed through the proper legal
channels.  As State Prosecutor, all cases submitted to the State
Prosecutor's Office must pass through him, who is then responsible for
assigning cases to specific prosecutors.  The file of Kétou never landed on
his desk, for if it had, it would have been assigned to the prosecutor
responsible for cases dealing with children.  The State Posecutor also
highlighted an apparent collaboration between Assistant Prosecutor and
Mark's legal representation.

On Wednesday, May 14, 2003 at approximately 1:20pm, the National Coalition
for Haitian Rights (NCHR) * one of the key organisations involved in the
case * was contacted by Director Bony of Social Services, inquiring about
the whereabouts of Kétou and her family and claiming to have a package for
them.   At that time Kétou and her family were at NCHR and it was suggested
that Mrs. Bony come to the office.  When Mrs. Bony arrived, it became
apparent that the only item she brought for Kétou was a court order to take
the child into the custody of Social Services.  Aware of the legal
procedures, NCHR confirmed that the information would be conveyed to the
family's lawyer and follow-up at the State Prosecutor's office.  Mrs. Bony
left without incident.

Later that same day, between 5:30 and 5:50pm Mrs. Bony returned to the NCHR
office, this time with Justice of the Peace Nerva Siméon and the police.
NCHR's office closes at 4:00pm and thus the office was empty.  Pushing their
way through the gate, Justice Siméon intimidated and pressured NCHR's
guardian to disclose the whereabouts of Kétou.  Justice Siméon and the
police then proceeded to thoroughly search the office grounds and the NCHR
office building.  NCHR is not in the practice of hiding victims of human
rights abuses on the office grounds.  Furthermore, Haitian law clearly
defines the reasons for and limits of searching a residence or private
property, declaring that such actions are to be carried out in the search of
illegal weapons, explosives and/or the possession of other illegal material.
This leads to the question as to whether or not the incident was merely a
pretext with which to obtain a clear layout of the NCHR office and
surrounding grounds.

Following significant press coverage and numerous interventions on behalf of
human rights and women's organisations, Mark was arrested for third time on
May 16.  Despite doctor's claimsthat Kétou did not require hospital care,
she was eventually hospitalized at the insistence of the State, only to be
told a few days later that she had leave the hospital.  Family members
indicate that a house has been made available to the family by the State.

Threats against Radio Kiskeya
On Wednesday, April 30, 2003, Liliane Pierre Paul, Program Director of Radio
Kiskeya once again became the direct object of intimidation on the part of
members of popular organizations.  An unidentified individual appeared at
the station, hurriedly dropped of an envelope before running out the door.
The envelope contained a letter dated April 25, 2003 with a statement for
Radio Kiskeya to broadcast.   The letter opened with a strong, threat-filled
message for French President Jacques Chirak to unblock financial aid to
Haiti and threats against French citizens living in Haiti.

Liliane Pierre-Paul was given four (4) days to read the letter and respond
accordingly.  If she did not do as required, the letter threatened that she
would reap the consequences on Tuesday, May 6, 2003.  The letter was
accompanied with a bullet from a 12-gauge shotgun, which was referred to as
a preview to the surprise to come.   The letter was "signed" by members of
various OP Lavalas groups.   May 6 came and went without incident.

This is not the first time that journalists and employees of the station
have come under threat; however, this is the most serious to date as threats
in the past have taken the form of anonymous phone calls.  The station also
came under threat in the end of September 2002 following a meeting during
which plans were made to burn down the station.



More impunity for Metayer in Gonaďves
On May 14, 2003, the State Prosecutor's office of Gonaďves exonerated OP
Lavalas Leader Amiot Metayer from charges of his involvement in a violent
attack against residents in Jubilee (districts of Gonaďves) last July.
Despite allegations by the OAS suggesting Metayer's direct involvement in
the murder of two (2) securit agents of the Movement Chrétien pour une
Nouvelle Haďti (MOCHRENA) on December 17, 2001, State Prosecutor Louiselmé
Joseph indicated that at present there have been no complaints filed against
Metayer regarding these or other events.  Immediately following the
decision, Metayer announced his resumption of political activities.  Human
rights and civil society organizations are outraged at the decision, which
is seen as merely another example of the impunity that grips the country.

Progress in the St. Raphael Double Murder Trial
A judicial decision was finally rendered in the double murder case of St.
Raphael Mayor Sernand Sévčre and Widlain Lafrance in January 2002.  Deputy
Jocelyn Saint-Louis, who was arrested for his alleged implication in the
Mayor's murder after the lifting of parliamentary immunity, was released
mid-May following a hearing before the Court of Appeals.  Judicial
proceedings for those accused of killing Lafrance (Deputy Saint-Louis'
nephew) have yet to take place.