25456: Brianhaiti: Fwd: Half Hour For Haiti: Justice for Political Prisoner Jacques Mathelier (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Brianhaiti@aol.com


June 21, 2005

Half Hour For Haiti: Justice for Political Prisoner Jacques Mathelier

A week ago today, Bernard Gousse, Haiti's Minister of Justice, resigned.
Gousse has been the strongest single force behind the persecution of political
prisoners in Haiti.  He personally (and illegally) countermanded release
orders
by judges and even his own prosecutors.  He personally led at least one
midnight illegal arrest (for much more information, see www.ijdh.org).

Gousse's departure is a good sign in two ways.  First, it is a sign that our
advocacy is working: most media reports and commentators on the resignation
attributed it to the international pressure on Gousse, especially in the
Neptune
case.  Second, it is a sign of hope that political prisoners may be released.
 But the hope will not automatically transform into reality: the people who
placed Gousse in his position and supported him for a year are still there, as
is the apparatus of torture and persecution that he oversaw.  So after a quick
pat on our backs, we need to get back to work.

We'll start with Jacques Mathelier, one of the easiest cases.  Mathelier, the
former Delegué (the local representative of the Executive Branch) of the
South Department was arrested a year ago this Sunday (June 26), on charges
that he
encouraged violence, arson and an attempted assassination.  But the Interim
Government of Haiti (IGH) has produced no evidence of Mathelier's guilt.  A
judge in Les Cayes noted the absence of evidence against Mathelier, last July
12,
and provided the prosecutor a chance to respond with evidence.  The IGH
responded by transferring Mathelier out of that judge's jurisdiction, to the
Nat
ional Penitentiary in Port-au-Prince.  He now lies in legal limbo: the IGH
will
neither pursue the case against him nor allow him access to a judge.

Despite the injustices he has suffered, Mathelier demonstrated enormous faith
in the ideal of justice: he escaped with hundreds of other prisoners during a
prison break on February 19, but four days later, when the prison appeared
safe, he turned himself in.

Illegalities in Jacques Mathelier's case:
1) Arrested at night, when the Constitution prohibits arrests after 6 PM;
2)  Not allowed before a judge for 16 days, when the Constitution requires a
hearing to confirm all detentions within 48 hours;
3)  Pre-trial investigation exceeded three month legal limit;
4)  Not allowed access to a judge; and
5) No evidence in his file justifying his detention.

Other Injustices:  Mathelier's house was burned down in March, 2004.  His
wife was threatened by the director of National Penitentiary for speaking out
about the situation of political prisoners in Haiti.  On one occasion, Mrs.
Mathelier was assaulted by police or prison guards at the National
Penitentiary.

Action:  Write to Gousse's successor as Minister of Justice, urge him or her
to review the cases of all prisoners who were politically active, and to
immediately release all of them who have been detained illegally, or against
whom
there is no evidence.  Urge the Minister to immediately send Jacques Mathelier
before the court in Les Cayes, and to respect that court's decision.

A sample letter is below, feel free to adapt it or to use your own language.
English will do- all Haitian Ministers of Justice over the last decade have
read English- French would be even better.  Airmail postage for a letter from
the U.S. to Haiti is 80 cents.
_________________________________________

Ministre de la Justice et de la Sécurité Publique
Ministère de la Justice
19 Avenue Charles Summer
Port-au-Prince, Haïti

Monsieur/Madame le Ministre:

    Congratulations on your nomination as Minister of Justice.  I am writing
to urge you to show your commitment to the rule of law in Haiti by immediately
reviewing the files of all prisoners in Haiti who have been politically
active in the past, and to ensure that all of them who are not legally
charged,
with evidence in their files, are immediately released.

    I would like to draw your particular attention to the case of Jacques
Mathelier, the former Delegué of the South Department.  He was arrested a year
ago, on June 26, 2004.  Although the charges against him are serious, they are
not justified by any evidence presented to the court.  In fact, during a
hearing on July 12, 2004, the judge in Les Cayes found no evidence to justify
Mathelier's detention.  Two days later, Mathelier was transferred to the
National
Penitentiary, where he remains.

Jacques Mathelier left the Penitentiary during the prison break on February
19, 2004.  But he showed his faith in the justice system by voluntarily
returning four days later.  I urge you to show the same faith in justice by
ensuring
that Mathelier is immediately brought before the court in Les Cayes, and
released unless there is strong evidence of his guilt in his case file.

I thank you in advance for your consideration.

Very truly yours,



___________________
For more information about the Half Hour For Haiti program or human rights in
Haiti, see www.ijdh.org.

Brian Concannon Jr.
Institute for Justice & Democracy in Haiti
www.ijdh.org

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