=?x-unknown?q?21291=3A__erzilidanto=3A__=5BUTF-8=5D_NLG=3A_Su?==?x-unknown?q?mmary_Report_of_Haiti_Human_Rights_=5BUTF-8=5D?==?x-unknown?q?_Delegation=E2=80=94March_29_to_April_5=2C_20?==?x-unknown?q?_=28fwd=29?=

[Bob Corbett <corbetre@webster.edu>]

From: Erzilidanto@aol.com

*******

From: Haitian Lawyers Leadership Network
A network of people dedicated to protecting the civil and cultural rights of
Haitians living at home and abroad)
Date: April 12, 2004
Action: Circulate the article below. Urge your friends and colleagues to join
the Haitian Lawyers Leadership Network and help circulate the stories behind
the headlines that transformed a struggle for democracy in Haiti into a lost
of independence.
Action: Volunteer to help with the Network's 7 "Men anpil chaj pa lou"
campaigns http://www.margueritelaurent.com/pressclips/concerns.html
*********
Summary Report of Haiti Human Rights Delegation - March 29 to April 5, 2004
by Thomas M. Griffin; April 11, 2004



April 11, 2004


Summary Report of Haiti Human Rights Delegation—March 29 to April 5, 2004


Phase I of the National Lawyer’s Guild human rights delegation to Haiti

began on March 29, 2004, exactly one month after the violent change in the

Haitian government.   That change resulted in the ouster and exile of

democratically elected president Jean Bertrand Aristide in mid-term and the

selection of Gerard Latortue as the U.S. -backed interim president.  This

phase of the delegations work concluded on April 5, 2004.


    The delegation consisted of Thomas Griffin, a human rights and
immigration

lawyer from Philadelphia, Judy DaCruz, a human rights lawyer from Mauritius

based in Haiti, and Edward Carlson, a journalist and immigration advocate

in Philadelphia.   The delegation’s work focused on various aspects of the

human rights and security conditions in Port-au-Prince, Haiti’s capital,

the cities of Petit Goave and Gran Goave west of Port-au-Prince, and Les

Cayes, the third largest city in Haiti, in far southwestern Haiti.  The

delegation also spent time in Fond des Blancs, a remote village in the

Southwest Department that typifies life of the Haitian peasantry outside of

city centers.


    In general, the delegation found the human rights situation grave.  The

conditions are especially precarious and evidence little hope for

improvement due to the almost total lack of knowledge about, and media

attention to, the human rights abuses taking place.  Layered upon the

gravity, there is a general sense in the people of insecurity due to, among

other things, (i) killings, (ii) curfews, (iii) the lack of police or any

form of working judicial system, (iv) patrols of private, heavily-armed

militias, (v) the doubling or tripling of food and fuel prices, (vi) the

fall of the Haitian currency against the U.S. dollar, (vii) an abnormal

lack of electricity in the cities, and (vii) the unauthorized return of the

uniformed and armed soldiers of Haitian Army that President Aristide had

decommissioned in 1994 for its historical oppression of Haiti’s poor.


    Although a 3,600 member multinational military force (U.S., French, and

Canadian marines) is present, its patrols are confined to the city of

Port-au-Prince and, within Port-au-Prince, it is generally seen only in the

poorest of the crowded slum neighborhoods (e.g., Cite Soleil, Bel Aire, La

Saline).


    Finally, the delegation found overwhelming evidence that the victims of

the threats and violence have been supporters of the elected government of

President Aristide and the Fanmi Lavalas party, elected and appointed

officials in that government or party, or employees of the

government, including police.  Many are in hiding in the mountains or in

Port-au-Prince, others have been beaten and or killed.  Many of their homes

have been selectively destroyed, mostly by arson.

What follows are bullet-point findings of the delegation’s first phase.  A

more detailed report will follow.



I.       The Situation in Port-au-Prince



    a. General Information


    -10:00 p.m. to 6:00 a.m. curfew enforced by HNP and multinational force.


    -many neighborhoods without electricity or water since Feb. 29th (water

flow depends on electric pump)


    -gas prices doubled since Feb. 29th, hindering private and public

transportation


    -U.S. dollar trading for 7.5 to 8.0 Haitian dollars


 -people generally unaware of who government is, what the near future

holds, and generally unaware of human rights abuses taking place; all aware

that it is not safe to be on the side of the elected government or to be

known as a Lavalas member, associate, or supporter


    b.   Repression of Popular Organizations


    -Leaders of almost every popular organization (“OPs”) (dozens of

grassroots groups throughout the country that formed to work with the

elected government to address basic community needs) have been threatened

or killed.


    -None of them are living at home.  Those from outlying areas have gone

into hiding in Port-au-Prince, and have not seen their families since March

1, 2004.   Others have gone into hiding in the mountains, taking spouses

and children.


    -Former militaries and opposition supporters continue to visit the homes

of OP leaders that have not been burned to keep them from coming home and

to intimidate neighbors.


    -Many have had their homes destroyed by arson.   The majority of the

arsons took place in the first week of March, but continued during our

delegation.  The threats have been carried out by former militaries and

FRAPH members as well as other supporters of the opposition.


    -All OP leaders who have sought asylum at the U.S. Embassy have been

turned away.  They have also been turned away by the embassies of Canada,

France, Mexico, and Venezuela.



    -All government funding and other support to the OPs has been summarily

cut off. This includes the closing of literacy programs, food and shelter

programs, and orphanages.


    -All OP leaders pleaded with the Delegation to ask the current government

to provide security to return to their homes with their families, to return

to schools and jobs, or, in the alternative, to open the path to asylum.



    c.  The Multinational Military Force


    There is a general tension in the people of the city due to the

intermittent presence and patrolling of marines.   They typically spend

hours standing in small groups in targeted neighborhoods in full battle

uniform, holding automatic rifles. In the evenings, they will occasionally

select a city street and walk it with pairs of soldiers slowly walking in

one direction on both sides of the street, followed by two or three patrol

vehicles full of soldiers bringing up the rear.


    Some believe that the marines have killed approximately 8 people in

Port-au-Prince to date, though the Delegation had heard reports of more

than five times that amount. There remain questions as to whether the

actions by marines, including arrests, and home searches, violate the

Haitian constitution.  Families do not feel confident to refuse a home

search.


    Marines interviewed by the delegation stated that they are not a “police

force” but are merely maintaining security in the city until a permanent

U.N. peace force takes over.


    d.  The State Morgue in Port-au-Prince and Cadaver Disposal


    -The Director refused the Delegation’s request to view the cadavers and
to

review the record books.


    -Director admitted that “many” bodies have come into the morgue since

March 1, 2004, that are young men with their hands tied behind their backs,

plastic bags over their heads, that have been shot.


    -The Director insisted only 8 bodies were presently in the morgue

(3/31/04).


    -Morgue workers, however, told us in confidence that 50 bodies were then

in the morgue.  They confirmed that many bodies continue to come in that

have hands tied behind their backs and bags over their heads.


    -The Director admitted that 800 bodies were “dumped and buried” by
morgue

on Sunday, March 7, 2004, and another 200 bodies dumped on Sunday, March

28, 2004.   The “usual” amount dumped is less than 100 per month.  The

bodies are taken to Titanye, approximately two hours north of the capital,

and buried in a mass grave.


    -There is usually a 22 day waiting period before a body is dumped.

However, due to what the Director claims is a “broken motor” there has been

no refrigeration since February 29, 2004.  Therefore, the morgue dumps

bodies within 5-6 days.  The Director gave no estimate of when the motor

would be repaired.


    -People are afraid to claim bodies of Lavalas members because of fear of

the Lavalas connection.


    e.  The Bodies Dumped and Burned at Piste d’Aviation


    -Several witnesses told the Delegation that 40 to 60 bodies were brought

in trucks to a field near the Piste D’Aviation, bordering the Delmas 2

neighborhood of Port-au-Prince on Sunday March 22, 2004, along a road to

the airport.


    -On Monday March 23, 2004, the bodies were moved away from the roadside
to

a more remote field and were burned.


    -The Delegation observed the massive ash pile, and pigs eating flesh of

human bones that had not burned at Piste D’Aviation.  The Delegation

photographed fresh skulls and other human bones, some still tangled in

clothes or with shoes and sneakers nearby.


    -The fuel for the fire was misprinted Haitian currency.


    f.  The Event at Fanmi Se Lavi


    -During the Delegations interview of OP leaders on March 30, 2004, some

had told us that they had seen four men bound, lying face down, and shot

dead in the back in front of Fanmi Se Lavi, an Aristide orphanage and

school in the city shuttered since February 29th.


    -The Delegation immediately went to the site and found it closed off and

surrounded by police. The police insisted that no one had been killed, and

that the men were under arrest for trying to steal a generator from the

site. They did admit that shots were fired at the men and one was hit and

hospitalized.  The policeman advised the Delegation to go to the local

police station.


    -Some blood was at the scene and a Delegation member found a spent bullet.


    -At the police station, the chief advised the Delegation that the men
were

under arrest, but he could not say where they were being held.


    g.   The Haitian Human Rights Groups


    -The Delegation spent time with the directors and legal staff of CARLI

(Comite des Avocats pour le Respect des Libertes Individuelles) and NCHR

(National Committee for Haitian Rights), two well-known “human rights”

organizations based in Port-au-Prince.


    -CARLI has an IFES and USAID-sponsored “Hotline” for victims of human

rights abuses.  CARLI then publishes a list each month of the names of the

“abusers” using conclusory language condemning the person for the acts

(typically murder and attempted murder) and calling for their immediate

arrest.


    -There is no evidence that CARLI conducts any investigation before

condemning the named person.  The person “condemned” to the list is never

contacted to answer to the allegations.


    -CARLI insisted that it conducts a thorough investigation of each of the

60 to 100 monthly calls and verifies all information beyond a reasonable

doubt before publicly condemning a person by naming him/her,  CARLI has no

full time staff, there are only two lawyers at the office, and all are

volunteers.


    -The February list contained the names of approximately 85 human rights

violators against whom calls were made in February, and their political

affiliations.  All were Lavalas supporters or HNP.


    -Prior lists observed also contained only people named who are deemed by

the list to be Lavalas supporters.


    -Completed “hotline” intake forms observed used terms such as “a
supporter

of the dictator Aristide.”


    -CARLI leaflets issued to the public to publicize the “hotline” are

written in French, not Creole.


    -CARLI insists that it will investigate cases involving Lavalas victims,

but admits that none have come forward.


    -CARLI gives that list to the police, other government agencies, USAID,

and the U.S. Embassy, and other copies are distributed to the public.  The

lists contains the name and party affiliation of the condemned, but does

not contain their home addresses.


    -CARLI was asked if it would consider ceasing the publication of the

“list” because it was forcing innocent people into hiding and to fear for

their lives, preventing people from returning to their jobs and schools,

and, as a non-judicial forum, was creating the possibility of a

extra-judicial execution squads, and non-judicial arrest warrants.  CARLI

refused.


    -The Delegation met with people who are now in hiding because their names

appear on the CARLI list.  All deny being involved in any human rights

abuses, and insist that the list exists to serve the political ends of the

opposition and to instill fear.


    -NCHR is a well-funded and equipped “human rights” agency that purports
to

take all cases, regardless of political affiliation.

    -NCHR however, could not name a single case in which a Lavalas supporter

was a victim.


    -NCHR took the delegation into a large meeting room where the wall was

adorned with a large “wanted” poster featuring Aristide and his cabinet, in

small photos, across the top. It named Aristide a “dictator” guilty of

human rights abuses.  Among a long list of other charges, it condemned him

for the murder of John Dominique and included a large photo of Dominique’s

dead body.  The poster calls for the arrest and imprisonment of Aristide

and his associates.


    -The Delegation suggested that NCHR’s neutrality and inclusiveness might

be better expressed with additional posters condemning, for example, FRAPH,

Jodel Chamblain, Jean “Tatoune” Baptiste, Ti Kenley, etc.  While the

Director and the staff acknowledged the existence of all of those named,

they laughed at the suggestion of adding other wanted posters to the

office.


    -The Delegation noted that many of the newsletters, “open letters,” and

advisories available in the NCHR waiting room refer to Aristide as a

“dictator” and that none of them concern abuses against supporters of the

elected government or Lavalas.


    -NCHR was asked if they would investigate the 1000 bodies dumped and

buried by the morgue during the last few weeks at Titanye, and the alleged

malfunctioning of the refrigeration at the morgue.  The director and his

staff denied ever knowing about these events, laughed, and said none of it

was true.


    -NCHR was asked if it would investigate the dumped bodies at Piste

D’Aviation.  The director and his staff laughed and denied that it was

true.  The Delegation then showed  NCHR the photographs we had taken of the

ashes and fresh human skeletons.  In response, the NCHR director told us

that the General Hospital routinely dumps bodies at the Piste D’Aviation.



    II.   The Situation in Petit Goave and Gran Goave


    -The Delegation observed and photographed many homes in Petit Goave that

have been destroyed by arson since February 29, 2004.  All homes were owned

or occupied by Lavalas associated families.  All the occupants have fled to

the mountains, including many women and children.


    -Destroyed houses include those of an national congress deputy, and local

elected political and civic leaders, and student leaders.   The houses of

family members, including grandparents, uncles, and aunts were also burned.


    -The Delegation interviewed several Lavalas associated OP leaders, and a

national legislative deputy that are in hiding since their houses were

destroyed.


    -There are no police in Petit Goave as all have fled.  Security in the

town is run by a man named “Ti Kenley.”    He  and his gang are responsible

for multiple murders and house burnings.   The Delegation was informed that

Ti Kenley had burned more Lavalas houses on April 1, 2004,

in retaliation for the Delegation’s investigation, including interviews

with many residents, and photographing of burned houses the previous day.


    -There are no police in Gran Goave, all having abandoned their posts.
The

security is provided by a small band of young men taking orders from former

militaries.  The Delegation observed the band traveling in a SUV adorned

with “FADH” (the Haitian Army acronym) painted on each side.  The gang was

interviewed and insisted that it had no weapons and none were observed.

The gang said it receives no money for its services.  It denies making

arrests or committing executions.


    III.   The Situation in Le Cayes


    -Just prior to February 29, 2004, the police abandoned their post.


    -The security void was filled by a 30 year-old called “Ti Gary” and his

band of seven deputies and 22 enforcers.   Ti Gary is a well-known militant

opponent of Lavalas who had been at street war with Lavalas supporters for

several years.


    -Ti Gary was interviewed by the Delegation and admitted to committing at

least 5 public executions of thieves during the month of March.  He said he

had to execute because the police were not functioning.  Ti Gary stated

that he committed executions regardless of the victim’s political

affiliations.


    -During the interview of Ti Gary, he was nursing a massive gunshot wound

to his left leg inflicted by a Guy Philippe deputy.  According to Ti Gary,

a Guy Philippe commando, “Captain Belizaire,” threatened him with a gun to

his head on March 15, 2004, for refusing Guy Philippe’s orders to go into

the La Savanne  neighborhood and kill Lavalas supporters.   Philippe’s

“Commandante Toussaint” saved Ti Gary’s life by ordering that he only be

shot in the leg.


    -In Ti Gary’s wake, some police have returned to their post.   However,

the former militaries have returned, in uniform, and have visibly

subordinated the police.


    -The Delegation interviewed militaries who believe their role is to

provide security for the community.   The police appear to have grudgingly

accepted the militaries into their post and patrols, saying they have no

other choice and that they will soon be integrated into the police force

anyway.


    -The Chief Inspector of the police denied knowing “Ti Gary” or where he

could be found.  They admitted that gangs had been carrying out executions.


    -The police admitted that they had not undertaken any investigation of

armed gangs and no related arrest warrants had been issued.


    -The police admitted that Guy Philippe was in Le Cayes on Saturday, April

3, 2004.  They said they had no intention to arrest him, despite his

carrying illegal weapons, because “He is fighting on our side.”


    Conclusion


    The National Lawyers Guild Delegation to Haiti continues with Phase II

beginning in Haiti on April 11, 2003, with the goal of traveling north of

the capital to the regions including and around Gonaives and Cap Haitien.

The Phase I group is currently preparing a more detailed account of what

appears herein, including photographs.


                            Thomas M. Griffin
                            Delegation Member


*****
"Men anpil chaj pa lou"  is Kreyol for - "Many hands make light a heavy load."
To volunteer with the Haitian Leadership Networks'  7 "men anpil chaj pa
lou"campaigns to restore Haiti's independence and rule of law, please contact: The
Haitian Lawyers Leadership Network, at: Erzilidanto@aol.com. See,
http://www.margueritelaurent.com/pressclips/haitianlawyers.html ;
http://www.margueritelaurent.com/pressclips/concerns.html
or the Haitiaction.net
********

To unsubscribe, contact Erzilidanto@aol.com