21519: Craft: Amnesty International on Louis Jodel Chamblain (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: david craft <kakadjab@yahoo.com>

AMNESTY INTERNATIONAL

Public Statement

AI Index:        AMR 36/035/2004    (Public)
News Service No:         103
23 April 2004


  Haiti: Re-trial of Louis Jodel Chamblain -- test for
judicial system in Haiti



The convicted former leader of the 1990s paramilitary
group FRAPH, Louis Jodel Chamblain, gave himself up to
the police in Port-au-Prince yesterday, 22 April.
Another convicted FRAPH leader, Jean Pierre Baptiste,
known as "Jean Tatoune", is reported to have said that
he will follow Chamblain's example. Both men recently
played prominent roles leading the rebel forces that
ousted the government of Jean Bertrand Aristide in
February.
Louis Jodel Chamblain was convicted in absentia and
Jean Pierre Baptiste was serving a life sentence with
forced hard labour until his escape from prison. Both
men were convicted for their roles in the 1994
massacre in the shanty town of Raboteau in which an
estimated 20 people died. Chamblain was also convicted
of the assassination of pro-democracy activist,
Antoine Izméry, in 1993.

"Amnesty International welcomes the fact that both
Chamblain and Baptiste, who were convicted of
horrendous human rights abuses, could be back in
custody," says Amnesty International. "It is crucial
that Louis Jodel Chamblain is given a fair trial in
compliance with international standards. Only in this
way will trust be rebuilt in the Haitian judicial
system."

Under Haitian law, those convicted in absentia have
the right to a re-trial. This provision in the Haitian
law does not apply to Jean Pierre Baptiste, as he was
present during his trial.

The re-trial of Louis Jodel Chamblain will be a test
for the Haitian judicial system. During the recent
violence in Haiti, a number of courthouses were burnt
down and archives containing evidence of his
involvement in the crimes of which he was convicted
may have been destroyed. AI is also concerned for the
safety of judicial officials and witnesses.

Amnesty International is concerned that Napela
Saintil, the judge who convicted Chamblain's in
absentia, was seriously beaten on 31 March, allegedly
because of his involvement in the Raboteatu trial.
Victims and witness that participated in this trial
are reported to be in hiding in fear of retaliation.

Amnesty International has consistently campaigned for
convicted perpetrators of human rights violations to
be taken to custody and brought before the Haitian
justice system. "We call on the Haitian authorities to
ensure that other convicted human rights abusers,
including Jean-Claude Duperval, Hébert Valmond and all
other recent escapees from prison during current
crisis, are returned to prison."

"A clear message needs to be sent out that no-one is
above the law, which will be an important step towards
deterring further human rights violations and putting
an end to the impunity that has been prevalent in
Haiti," the organization said. "Amnesty International
calls on the Haitian authorities and the international
community to ensure that no amnesties for past human
rights violations are included as part of any
political settlement with rebel forces".


Background

Since the departure of President Aristide at the end
of February, Haiti has continues to be gripped by
serious civil conflict, with a lack of rule of law and
little respect for human rights.

The interim government has moved swiftly to arrest
high-ranking members of former President Aristide's
government and Lavalas Family party suspected of acts
of political violence or corruption. However, it has,
up until now, failed to act against a number of known
perpetrators of grave human rights violations, some of
whom have been the leaders of the uprising that led to
the departure of President Aristide.

For more information, please see:

Haiti: Perpetrators of past abuses threaten human
rights and the reestablishment of the rule of law -
http://web.amnesty.org/library/index/engamr360132004








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