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25129: Chavraux (discuss) University of Miami report (fwd)



From: Serge Chavraux <sergechavraux@hotmail.com>

As much as we all support the work that organizations like NCHR, CARLI and
POHDH have done for many years - and continue to do - in exposing the lack
of respect for rule of law governments in Haiti have exhibited, the recent
report from the University of Miami begs as many questions as it answers.

Though Thomas Griffin's report cannily omits to mention the fact, Judy
Dacruz, the attorney who Griffin is "indebted" to, in his words, was until
very recently listed as an attorney with the Bureau des Avocats
Internationaux, the Aristide-funded legal organization directed by Mario
Joseph and Brian Concannon that most famously prosecuted the Raboteau
massacre, but scrupulously avoided ever taking any case that could have ever
possibly lead back to Aristide and the Lavalas movement. The murders of Jean
Dominique, Pere Ti Jean, Yvon Toussaint, Eric Pierre, Brignol Lindor, the
assassination attempt against Chavannes Jean Baptiste, the horrendous prison
abuse and illegal detentions presided over by the recently arrested Clifford
Larose when he was Directeur de l’Administration Pénitentiaire Nationale,
the February 2004 massacre in Saint Marc, the countless numbers of rapes and
homicides that occurred in Cite Soleil and La Saline between 2000 and 2003
and the scores of murders carried out by police attaches affiliated with the
Delmas 33 precinct and the Brigades Spéciales are only the most obvious ones
that the BAI refused to pursue. The BAI has proved itself time and again to
be of the mind that loyalty to its paymaster was more important to it than
human rights investigations, let the chips fall where they may. Aristide,
who funded the BAI through his Miami legal counsel Ira Kurzban as he
continues to fund the Institute for Justice and Democracy in Haiti, gave
these attorneys their marching orders then, and it would appear the he is
continuing to do so. In their view, as in Griffin's, the lives of those who
oppose the Aristide government would simply appear to be not as valuable as
those who support it.

The BAI, Kurzban, Griffin and Irwin P. Stotzky (who was a board member of
the aptly misnamed "Aristide Foundation for Democracy") never once raised
their voices when Labanye was in the employ of the Aristide government from
2000 until 2003, killing rival gang leaders in Cite Soleil, attacking the
July 2003 meeting of the Group of 184 (including Andy Apaid, who was present
at the time) and colluding with the highest levels of the PNH. Where were
these self-proclaimed champions of human rights then? Were they told not to
investigate those claims? Mr. Griffin needs to explain himself, on the
record, before his organization can expect anyone not to assume information
coming from their quarter is anything more than sophisticated propaganda
dressed up as legal advocacy.

Why didn't the investigators interview the famous Labanye, who the first
half of the report centers on so closely? Why is Annette “So Ann” Auguste, a
notorious gang leader and architect of some of those most bloody attacks on
anti-Aristide demonstrators during his tenure, described simply as a "folk
singer." It would seem a measure of the investigators lack of knowledge of
the current state of the country when they list Petionville as "the richest
neighborhood in Port-au-Prince." In recent years there has been an explosion
of bidonvilles throughout this formerly wealthy area, and everyone with real
money has either moved up the hill to Laboule or above or to the gated
complexes around the capital. It also seems extraordinary that the group did
not bother travel beyond Port-au-Prince, when cities such as Gonaives and
Petit Goave and rural areas such as the Plateau Central have been the scenes
of such tension in recent months.

Human right violations should be thoroughly investigated and prosecuted
WITHOUT DISTINCTION, but this is not yet what we have seen from the
University of Miami School of Law or its report.

SC

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