23506: Esser: Amnesty International - Illegal and arbitrary arrests continue (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: D. Esser <torx@joimail.com>

AMNESTY INTERNATIONAL

Public Statement

AI Index: AMR 36/056/2004 (Public)
News Service No: 260
19 October 2004

Haiti: Illegal and arbitrary arrests continue -- Human rights
hampered amid political violence

Amnesty International is concerned that Reverend Gérard Jean-Juste
may be a prisoner of conscience as he is being detained in
Pétionville's Police station. He may be detained solely for his
political views and his political affiliation.

Rev. Gerard Jean-Juste was arrested at Sainte Claire's church, in
Petite Place Cazeau, a poor neighbourhood of Delmas, a suburb of
Port-au-Prince. On Wednesday 13 October, around 2:30 PM, Haitian
National Police officers, in uniform and civil clothes, some wearing
masks, erupted into the presbytery where Rev. Jean-Juste provides
food, twice a week, to some 250 children and dozens of adults from
the neighbourhood. According to testimonies gathered by Amnesty
International, Rev. Jean-Juste has been punched while being dragged
out of the presbytery by Police officers, resulting in injuries to
one arm and foot.

His arrest is said to be connected with the outbreak of violence that
has purportedly caused more than 40 dead in the country's capital
since 30 September. During the operation, according to his lawyer,
Haitian police officers failed to show a written mandate of arrest
issued by the appropriate authorities. According to Haitian
constitution, no one may be arrested or detained other than by
written order of a legally competent official except where the
perpetrator of a crime is caught in the act.

Following his arrest, the authorities are reported to have stated
that the arrest was a pre-emptive action based on intelligence they
possessed linking Rev. Jean-Juste to armed gangs supporting Aristide
but so far, no evidence has been produced. Amnesty International
considers that if this arrest is politically motivated for Rev.
Jean-Juste being a vocal supporter of former president Jean-Bertrand
Aristide, Amnesty International would consider him a prisoner of
conscience.

Indefinite detention without charge or trial, as a rule too often
applied in Haiti, contravenes to fundamental human rights and to the
country's main legislation. Amnesty International urges the Haitian
authorities to abide by the rule of law in conformity with the
Constitution of the Republic and fully respect Rev. Jean-Juste's
basic rights.
.