24835: Noswell (news) Case Filing Before Inter-American Comm On Human Rights

[sak-pase@bimini.ws]

Richard Boswell <boswellr@pacbell.net>


*FOR IMMEDIATE RELEASE
Tuesday, April 19, 2005

LAW STUDENTS AND ATTORNEYS LODGE COMPLAINT WITH INTERNATIONAL COMMISSION 
ON BEHALF OF FORMER HAITIAN PRIME MINISTER
Yvon Neptune held in prison without charges since June 2004.

*San Francisco, CA: April 19, 2005. Law students at the University of 
California, Hastings, along with Haitian and U.S. attorneys will file a 
petition tomorrow (April 20) with the Inter-American Commission on Human 
Rights (IACHR) on behalf of Haiti's former Prime Minister Yvon Neptune. 
Haiti's political situation has been unstable since the February, 2004 
coup in which President Jean-Bertrand Aristide was ousted. Yvon Neptune, 
who was Haiti's last Constitutionally appointed Prime Minister, has been 
illegally imprisoned since June 2004. Mr. Neptune has yet to see a judge 
in his case, despite a Constitutional bar against holding detainees 
longer than 48 hours without judicial approval.

"Mr. Neptune's continued detention has placed his life in substantial 
danger," explains Hastings law student Kate Orlovsky. "He has survived 
at least two assassination attempts, as well as a prison massacre and a 
prison breakout since his arrest." The former prime minister began a 
hunger strike on February 11, 2005 to protest his indefinite detention 
and prison conditions, which has left him hospitalized.

At the invitation of the Government of Haiti, the IACHR is conducting an 
on-site visit to Haiti from April 18-22, 2005 to observe the human 
rights situation. The IACHR is charged by the Organization of American 
States (OAS) to examine and report on human rights in the western 
hemisphere. The Commission investigates claims of human rights 
violations, makes recommendations to governments, and refers cases to 
the Inter-American Court of Human Rights.

The law students' petition requests immediate action on the part of the 
Commission to prevent further endangerment of Mr. Neptune's life. In 
addition to calling for the former Prime Minister's immediate release 
from arbitrary detention, the petition will ask for international 
oversight and supervision of Haitian prisons in order to improve their 
dismal conditions.

"Prime Minister Yvon Neptune should be released immediately," Rep. 
Maxine Waters, D-CA, demanded. "He has committed no crime and the flimsy 
allegations against him are simply an attempt to remove Prime Minister 
Neptune from the possibility of being considered for the presidency. The 
jailing and the killing of Lavalas members is a tactic used by the 
illegitimate government to keep Lavalas members from running for office 
in November. If we wish to see legitimate democracy in Haiti we must 
insure that the members of Lavalas, including Prime Minister Neptune, 
are able to participate fully and without compromise."

"The situation of Prime Minister Neptune is nothing short of a travesty 
of justice," emphasized Bill Fletcher, Jr., President of the TransAfrica 
Forum. "The coup that overthrew the duly elected President of 
Haiti-Jean-Bertrand Aristide-has been followed by nothing short of 
lawlessness. The imprisonment of Prime Minister Neptune without charge, 
along with other political prisoners, has illustrated the climate of 
revenge and intimidation that has existed since the coup. There is no 
evidence that the so-called interim government has any intention of 
giving Prime Minister Neptune the proper justice, even if it were 
capable of meeting out justice. With armed thugs roaming the country 
much like barbaric hordes, thugs that the interim government clearly 
cannot control, there is no basis to believe that Prime Minister Neptune 
can be judged competently or fairly. He should be released immediately."

The petition will be filed by the Hastings Human Rights Project for 
Haiti (HHRPH) in conjunction with attorneys from the Institute for 
Justice and Democracy in Haiti (IJDH) and Bureau des Avocats 
Internationaux. (BAI).
#####
For additional information or a copy of the petition and related 
documents, please visit www.IJDH.org, HastingsHumanRights.org or contact:

*Brian Concannon Jr.,* /Institute for Justice & Democracy in Haiti/, 
www.IJDH.org, (541) 432-0597, brianhaiti@aol.com

*Kate Orlovsky*, Student Director, /Hastings Human Rights Project for 
Haiti, /HastingsHumanRights.org,
(415) 377-3133, kate_orlovsky@yahoo.com

*Christina Iturralde*, Press Outreach, /Hastings Human Rights Project 
for Haiti,/ HastingsHumanRights.org,
(415) 235-0380, andeansol@yahoo.com

*Mario Joseph*, /Bureau des Avocats Internationaux /(BAI), 
011-509-221-6200, mariohaiti@aol.com


Notes to the editor:
*Hastings Human Rights Project for Haiti (HHRPH)* was created in 2004 by 
students and faculty at the University of California, Hastings College 
of the Law to provide students with practical experience in human rights 
litigation. First, second, and third year law students work with human 
rights attorneys and Hastings faculty advisors to bring human rights 
cases before international courts.

*The Institute for Justice & Democracy in Haiti (IJDH)* works with the 
people of Haiti in their non-violent struggle for the return and 
consolidation of constitutional democracy, justice and human rights, by 
distributing objective information on human rights conditions in Haiti, 
pursuing legal cases, and cooperating with human rights and solidarity 
groups in Haiti and abroad.

*The Bureau des Avocats Internationaux (BAI)* represents victims of 
human rights violations in Haitian courts. The BAI's most successful 
case to date is the 2002 trial of the Raboteau massacre, which led to 
the convictions of fifty-three men, including the top military and 
paramilitary leaders of the 1991-1994 dictatorship. BAI was founded in 
1995 and has its main office in Port-au-Prince, Haiti.




Richard A. Boswell
Professor of Law
Univ. of Calif., Hastings
200 McAllister St.
San Francisco, CA 94102

voice: 415 565-4633
fax: 415 565-4865
boswellr@pacbell.net or boswellr@uchastings.edu
OR IMMEDIATE RELEASE 
Tuesday, April 19, 2005 



LAW STUDENTS AND ATTORNEYS LODGE COMPLAINT WITH INTERNATIONAL COMMISSION ON BEHALF OF FORMER HAITIAN PRIME MINISTER
Yvon Neptune held in prison without charges since June 2004.



 San Francisco, CA: April 19, 2005. Law students at the University of California, Hastings, along with Haitian and U.S. attorneys will file a petition tomorrow (April 20) with the Inter-American Commission on Human Rights (IACHR) on behalf of Haiti's former Prime Minister Yvon Neptune. Haiti's political situation has been unstable since the February, 2004 coup in which President Jean-Bertrand Aristide was ousted. Yvon Neptune, who was Haiti's last Constitutionally appointed Prime Minister, has been illegally imprisoned since June 2004. Mr. Neptune has yet to see a judge in his case, despite a Constitutional bar against holding detainees longer than 48 hours without judicial approval. 

"Mr. Neptune's continued detention has placed his life in substantial danger," explains Hastings law student Kate Orlovsky. "He has survived at least two assassination attempts, as well as a prison massacre and a prison breakout since his arrest." The former prime minister began a hunger strike on February 11, 2005 to protest his indefinite detention and prison conditions, which has left him hospitalized. 

At the invitation of the Government of Haiti, the IACHR is conducting an on-site visit to Haiti from April 18-22, 2005 to observe the human rights situation. The IACHR is charged by the Organization of American States (OAS) to examine and report on human rights in the western hemisphere. The Commission investigates claims of human rights violations, makes recommendations to governments, and refers cases to the Inter-American Court of Human Rights. 

The law students' petition requests immediate action on the part of the Commission to prevent further endangerment of Mr. Neptune's life. In addition to calling for the former Prime Minister's immediate release from arbitrary detention, the petition will ask for international oversight and supervision of Haitian prisons in order to improve their dismal conditions.

"Prime Minister Yvon Neptune should be released immediately," Rep. Maxine Waters, D-CA, demanded. "He has committed no crime and the flimsy allegations against him are simply an attempt to remove Prime Minister Neptune from the possibility of being considered for the presidency. The jailing and the killing of Lavalas members is a tactic used by the illegitimate government to keep Lavalas members from running for office in November. If we wish to see legitimate democracy in Haiti we must insure that the members of Lavalas, including Prime Minister Neptune, are able to participate fully and without compromise."

"The situation of Prime Minister Neptune is nothing short of a travesty of justice," emphasized Bill Fletcher, Jr., President of the TransAfrica Forum. "The coup that overthrew the duly elected President of Haiti-Jean-Bertrand Aristide-has been followed by nothing short of lawlessness. The imprisonment of Prime Minister Neptune without charge, along with other political prisoners, has illustrated the climate of revenge and intimidation that has existed since the coup. There is no evidence that the so-called interim government has any intention of giving Prime Minister Neptune the proper justice, even if it were capable of meeting out justice. With armed thugs roaming the country much like barbaric hordes, thugs that the interim government clearly cannot control, there is no basis to believe that Prime Minister Neptune can be judged competently or fairly. He should be released immediately." 

The petition will be filed by the Hastings Human Rights Project for Haiti (HHRPH) in conjunction with attorneys from the Institute for Justice and Democracy in Haiti (IJDH) and Bureau des Avocats Internationaux. (BAI). 
#####
For additional information or a copy of the petition and related documents, please visit www.IJDH.org, HastingsHumanRights.org or contact: 

Brian Concannon Jr., Institute for Justice & Democracy in Haiti, www.IJDH.org, (541) 432-0597, brianhaiti@aol.com 

Kate Orlovsky, Student Director, Hastings Human Rights Project for Haiti, HastingsHumanRights.org, 
(415) 377-3133, kate_orlovsky@yahoo.com 

Christina Iturralde, Press Outreach, Hastings Human Rights Project for Haiti, HastingsHumanRights.org, 
(415) 235-0380, andeansol@yahoo.com 

Mario Joseph, Bureau des Avocats Internationaux (BAI), 011-509-221-6200, mariohaiti@aol.com


 Notes to the editor:
Hastings Human Rights Project for Haiti (HHRPH) was created in 2004 by students and faculty at the University of California, Hastings College of the Law to provide students with practical experience in human rights litigation. First, second, and third year law students work with human rights attorneys and Hastings faculty advisors to bring human rights cases before international courts. 

The Institute for Justice & Democracy in Haiti (IJDH) works with the people of Haiti in their non-violent struggle for the return and consolidation of constitutional democracy, justice and human rights, by distributing objective information on human rights conditions in Haiti, pursuing legal cases, and cooperating with human rights and solidarity groups in Haiti and abroad.

The Bureau des Avocats Internationaux (BAI) represents victims of human rights violations in Haitian courts. The BAI's most successful case to date is the 2002 trial of the Raboteau massacre, which led to the convictions of fifty-three men, including the top military and paramilitary leaders of the 1991-1994 dictatorship. BAI was founded in 1995 and has its main office in Port-au-Prince, Haiti.




Richard A. Boswell
Professor of Law
Univ. of Calif., Hastings
200 McAllister St.
San Francisco, CA  94102

voice: 415 565-4633
fax: 415 565-4865
boswellr@pacbell.net or boswellr@uchastings.edu
On Apr 19, 2005, at 4:51 PM, sak-pase@bimini.ws wrote: