25532: Esser: (news) Haiti Human Rights Report - June 2005 [Part one of two] (fwd)

[Bob Corbett <corbetre@webster.edu>]

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


[Part one of two]

Institute for Justice & Democracy in Haiti - IJDH
http://ijdh.org/articles/article_quigley_report.htm

June 2005


Haiti Human Rights Report
Presented to the International Association of Democratic Lawyers


Prepared by Bill Quigley, Professor of Law, Loyola University New
Orleans, 7214 St. Charles Avenue, New Orleans, LA 70118 US
duprestars (at) yahoo (dot) com

___________
English Version [.pdf]:
http://ijdh.org/pdf/QuigleyReport.pdf

Version Française [.pdf]:
http://ijdh.org/pdf/RapportQuigley.pdf

Version Española [.pdf]:
http://ijdh.org/pdf/ReporteQuigley.pdf
___________

source:
Haiti-news mailing list
https://listhost.uchicago.edu/mailman/listinfo/haiti-news


Summary and Overview
Background on Haiti
Severe Lack of Basic Physical Security
Human Rights Violations by Haitian National Police (Police Nationale
d'Haïti)
Dysfunctional Judiciary Inhumane Jails and Prisons
Absence of Due Process of Law
Violence Against Children
Violence Against Women and Rape
Violence and Harassment Against Union Workers Violence and Harassment
Against Journalists Violence and Harassment Against Lavalas Violence
Causes Humanitarian Crisis for People in Poorest Neighborhoods
Punishment of Dissent and Assembly Disarmament and US Shipment of
Arms to Haiti Outlook for Elections Addressing Poverty
Questions for the United Nations
Questions for the International Community Conclusion List of Recent
Human Rights Reports on Haiti
[footnotes]


Summary and Overview

"Almost all national actors across the political spectrum
acknowledged that Haiti was in a deep political, social and economic
crisis." 1 UN Security Council April 2005 Mission to Haiti Report

"The mission was struck by statements by interim authorities that no
human rights violations in the country were committed by the
State.... Nevertheless, the mission received reports that a culture of
impunity remained pervasive,  marked by arbitrary arrest, wrongful
detention, inhumane prison conditions, excessive use of force, and
extrajudicial executions." 2 UN Security Council April 2005 Mission
to Haiti Report

This report presents a broad overview of the current human rights
situation in Haiti. It is based on a number of recent human rights
reports that are listed on the last page of this document. Most facts
in Haiti are contested and as a consequence, nearly everything in
this report is also contested. The sources are provided so the reader
can research further herself and come to her own decision. However,
no matter which sources the reader chooses to credit, human rights in
Haiti are deeply troubled. The attention of the international human
rights community is vital to helping Haitians regain their human
rights.

In summary, all of the systems that underpin an environment where
human rights can be exercised and protected are each seriously
compromised and together  they create a most severe challenge to
human rights.  Haiti is the poorest country in the  hemisphere by all
economic indicators. The electoral process has been erased by an
armed coup  that replaced the elected leadership of the country with
a selected interim authority. The  judiciary is dysfunctional and
unable to perform its role as a check on authority. The police are
disorganized to the point that no one evens knows how many police
officers there are. They are unable to provide basic security to the
country and are themselves one major source of the problems because
of their lack of professional training and credible accusations of
human rights reports in areas from arbitrary and political arrests to
extrajudicial executions. The prison system  is primitive and
inhumane and filled with people who have never seen and will not
likely ever see a judge. The proposed fall elections are plagued by
insecurity, budget problems and the lack of infrastructure that
cripple all other sectors of the society. Dissent and political
assembly are rights that are physically dangerous to exercise. The
United Nations forces have not fulfilled their mandates and the
country is as unsafe and insecure as ever.

The basic human rights of the people of Haiti are being denied on a
regular basis.


Background on Haiti

Haiti has been an independent nation since January 1, 1804, the
world's first black independent republic and only the second in the
Western Hemisphere. 3 In the twentieth century, Haiti suffered under
the dictatorship of the Duvalier family from 1957 to 1986, mostly
with the support of the US and other countries. 4

One of the chief organizers of the resistance to Duvalier in the mid
1980s was a young priest, Fr. Jean Bertrand Aristide. 5

Several military coups followed the Duvalier era. 6  In 1990, with
over sixty-seven percent of the vote in heavy turnout, Jean Bertrand
Aristide was elected President. 7 In 1991, President Aristide was
overthrown by a military junta which was responsible for three to
four thousand deaths over the next years until President Aristide
returned in  September of 1994. 8

In 1995, President Aristide dismantled the Haitian Army and created
the Haitian National Police. 9  In 1996, with Aristide unable to
serve another successive term, the people of Haiti elected Rene
Preval as President. 10

In 2000, President Aristide won re-election in an election that was
boycotted by opposition groups and the US suspended $500 million in
humanitarian aid. 11

In February 2004, the elected President of Haiti, Jean Bertrand
Aristide, was ousted from the country in an armed coup. 12 In April
2004, the United Nations Security Council adopted  Resolution 1542,
which created the UN Stability Mission in Haiti (MINUSTAH). The
Stability  Mission is authorized at 6,700 troops and 1,622 civilian
police. 13

MINUSTAH remains in place as of the writing of this report.


Haiti is a country of about 8 million people in an area of 27,500 km
(about the size of Maryland in the US). The people of Haiti are 95%
African descent, and 5% mixed and European. It is 80% catholic. Life
expectancy for Haitians is 49 years. Infant mortality rate is 79 per
1000. Creole is spoken by all, French and English by some. The
largest cities are Port au Prince (2 million) and Cap Haitian
(600,000). About 65% of children of primary school age are in school
due to the inability of many to pay the costs associated with free
education - uniforms, textbooks and supplies. Less than 35% of those
who enter primary school will finish all 6 grades. Only about 20% of
children enroll in secondary school. Adult literacy is estimated at
50%. 14

Amnesty International reports:

"According to the United Nations Development Programme, Haiti
continues to be the poorest country in the Americas. In 2003, Haiti's
human development  ranking was 150th out of 173 countries, and life
expectancy was 49.1 years. Food  insecurity affected some 40% of
households and more than 50% of the adult population was unemployed.
(13) Even before the crisis, the situation of children was among the
worst in the world. More than one in 10 Haitian children die before
the age of five, 65% suffered from anaemia, 17% of under fives had
insufficient weight and 32% suffered from development problems due to
malnutrition. Some 200,000 children have lost one or both parents to
AIDS, and up to 6.7 per cent of young women are living with HIV/AIDS.
Maternal mortality is also among the highest in the world." 15

According to the Centers for Disease Control and Prevention:

"Haiti is the country in the Caribbean most highly affected by
HIV/AIDS (Haiti and the Dominican Republic account for 85% of all
AIDS cases in the region). Heterosexual transmission is the most
common HIV/AIDS transmission vehicle, followed by mother-to-child
transmission. Since the beginning of the epidemic, pregnant women
visiting antenatal clinics (ANCs) have provided data to track the
evolution of  the disease. Three surveys of pregnant women presenting
for the first time at ANCs have  been conducted by, or on behalf of,
the Ministry of Health (MOH). In 2003, between 157,710 and 275,742
people were estimated to be living with HIV in Haiti; the total
number of new AIDS cases was projected to be between 23,714 and
32,853, and AIDS-related deaths between were estimated to be between
25,493 and 32,532. There are approximately 11,300 HIV-positive women
delivering each year, with 3,970 more babies born infected with
HIV/AIDS annually. In 2001, approximately 532 women received
antiretroviral treatment (ART) at delivery." 16

Haiti is the third hungriest country in the world after Somalia and
Afghanistan. The richest 1% of the population controls nearly half of
all of Haiti's wealth.  It is the world's fourth poorest country and
ranks 146 out of 173 on the United Nations Human Development Index.
Unemployment is 70% and 85% of Haitians live on less than $1 U.S. per
day. Haiti ranks 38 out of 195 for under five mortality rate. 17

Two point four million Haitians cannot afford the minimum 2,240 daily
calories recommended by the World Health Organization. 18

Haiti is extremely impoverished economically and the people have been
subjected to tumultuous political rule.



Severe Lack of Basic Physical Security

Six months after the violent expulsion of the elected government, in
September of 2004, the Inter-American Commission on Human Rights
reported severe security problems in Haiti:

"The Commission is particularly concerned regarding the security
situation in Haiti, where armed groups appear to control security in
significant areas of the country and where the State is not providing
effective protection to the people  living in those regions. The
Commission emphasizes the State's obligation to guarantee the safety
of its population and to ensure their right to judicial protection,
and  calls upon the Haitian State to, in collaboration with the
international community, take the  urgent steps necessary to disarm
these groups and ensure the security of the people." 19

Since September 2004, the lack of security has continued and worsened.

Amnesty International reports that more than 600 people have died
from violence since September 2004.20  The OAS says "it is estimated
that since September 30, 2004, over 600 people have been killed,
including 19 police officers. Kidnappings,  carjackings and other
episodes of violence are rampant, particularly in the capital of
Port-au-Prince, and incidents of arbitrary killings by the police
have also been reported." 21

The OAS concluded in April 2005 "The Commission's main concern at
the conclusion of this visit relates to the lack of control over
security in the  country, which has deteriorated markedly since the
Commission's last on-site visit in September of 2004." 22

Why has security deteriorated? The OAS answers "there is an urgent
need for greater action on the part of the international community,
and corresponding cooperative efforts by the government of Haiti, to
address the most pressing issues of insecurity, deficiencies in the
justice system, and fundamental inadequacies in health care,
employment, and education." 23

The UN Security Council blamed the lack of security on many elements
including political opponents of the current unelected regime:

"The mission was informed by various interlocutors that elements of
insecurity included violent actions by supporters of former President
Jean-Bertrand Aristide; elements of former military and armed gangs
with ties to criminal elements such as drug traffickers and illegal
arms dealers; and shifting affiliations." 24

Whatever the source, it is clear this insecurity harms all sectors of
Haitian society. As the Council on Hemispheric Affairs said in its
May 2005 report, nine months after the Inter-American Commission
report:

The consequence of this constant state of violence extends well
beyond the emotional and physical pain of daily death and injury
tolls; it also has a direct impact on civilian mobility, access to
markets and public services, the prices of goods and services, as
well as the likelihood of domestic and foreign investments.
Furthermore, almost all of the island's humanitarian efforts and
development projects have been immobilized by the presence of a
variety of armed factions and the overall prevailing chaos. 25



Human Rights Violations by Haitian National Police (Police Nationale d'Haïti)

The Haitian National Police (HNP) is, since the disbandment of the
army in 1995, the only official institution in charge of security in
the country. Before the elected government was overthrown, the number
of police officers in the country amounted to some 5,000 officers for
a country of 8.5 million inhabitants. By June of 2004, the number of
police officers was down to 2000. 26  In April 2005, after consulting
widely with authorities in Haiti, the OAS reported there were between
3000 and 5000 police officers in the country- an incredible fact that
indicates no one really even knows how many thousand police officers
there are in Haiti. 27

The UN Security Council called for the immediate reform of the HNP:

"Almost all the interlocutors stressed the importance of the
professionalization of the Haitian National Police, which is the
responsible authority for  security and law and order in Haiti.
However, the mission acknowledged that the police on their own could
not yet adequately fulfill their tasks and exercise public security
functions  over the entire country, owing to the insufficient number
of officers (although their exact number could not be established),
lack of adequate training and equipment, a limited  budget, and
corruption. The mission expressed the view that the police should be
reformed without delay." 28

The shipment of U.S. arms could help the Haitian police provide
security and tame armed factions, but the island's underlying problem
is that the Haitian police possess almost no capacity for leadership.
Many police officers are using their authority to improve their
overall economic situation by taking bribes, some of them participate
in drug trafficking operations or even carry out contract killings.
Providing arms to such a dysfunctional body is not going to resolve
the problem of violence in the country but rather only worsen an
already debilitated situation. 29

The UN Security Council April 2005 Haiti Mission report notes:

"The mission received reports that a culture of impunity remained
pervasive, marked by arbitrary arrest, wrongful detention, inhumane
prison conditions, excessive use of force, and extrajudicial
executions." 30

In its report of November 11, 2004, Amnesty International reported on
a number of cases of police killings that occurred during its 18 day
visit to the country and

"...concluded that there are serious problems with the functioning of
the justice system in general and the functioning of the police in
particular. These problems must be addressed urgently by the
transitional government. Amnesty International is deeply concerned at
reports obtained from independent sources of serious human rights
violations such as arbitrary arrests ill-treatment in detention
centres and extrajudicial executions carried out by members of the
Haitian National Police (Police Nationale d'Haïti). 31

Amnesty International later reported, in April 2005:

The use of lethal and indiscriminate violence by the police to
disperse and repress demonstrators only serves to increase tension in
an already  violence-torn country, said Amnesty International today
as it condemned the repression against Lavalas Party supporters by
Haitian National Police (HNP) officers in Port-au-Prince on 27
April.... National Police officers have been reportedly involved in
several summary and unlawful killings that still remain unresolved
and whose perpetrators have not yet been held accountable." 32

The weaknesses of the Haitian National Police are partly the result
of and partially responsible for, corresponding weaknesses in the
judiciary.



Dysfunctional Judiciary

"A functioning judicial system is a crucial part of the framework for
building a culture of human rights and establishing the secure and
stable environment that has so long eluded the Haitian people." 33

The judicial system of Haiti is functioning poorly. Only a tiny
percentage of the people in Haiti's prisons have ever seen a judge.

The UN Security Council April 2005 report on Haiti severely
criticized the judiciary:

"The mission learned that the judicial system remained  dysfunctional
and Haitians perceive it to be corrupt and inefficient. Furthermore,
some interlocutors pointed to the outdated legal codes and the
process of appointing judges, as well as their low salaries and lack
of training, as among the factors that have contributed to the
present state of the judicial sector. In addition the mission learned
that almost all of  the detainees held prior to the breakout of 19
February at the National Penitentiary had long been in pre-trial
detention and had not yet been heard by a judge. The mission also
learned that the judicial system lacked basic equipment and
infrastructure and had lost archival documents during incidents of
unrest." 34

Another major concern relates to weaknesses in the administration of
justice in Haiti, some of which pre-date the present transitional
government, as well as the ongoing problem of impunity. Deficiencies
in the judicial system continue to  include a severe shortage of
resources for judges, magistrates, courts and the police as well as
prevalent due process violations such as the prolonged detention of
individuals  without being brought before a judge. The Commission
heard during the visit that the police force is comprised of only
approximately 3,000 members, for a total population of over 8
million. At the same time, the Commission was informed that the
government has developed a plan for recruiting and training
additional members in the short and the long term. Similarly,
information provided to the Commission indicated that members of the
judiciary had received increases in their salaries, and that although
the increases may still be insufficient, these measures constituted a
first step in efforts  to improve the administration of justice in
the country. 35

Likewise, Amnesty International US has expressed concerns about the
Haitian judiciary:

Amnesty International is extremely concerned that Haitian judicial
institutions have been further weakened by the recent political
turmoil, making it difficult to hold authorities and armed opposition
groups accountable for the deaths of hundreds of civilians since
February 5. 36


The Inter-American Commission on Human Rights of the OAS, in its 2004
annual report, said about Haiti's judiciary:

"The sources available to the Commission have indicated that the
justice system remains severely weak and continues to suffer from
fundamental failings. These include a severe shortage of resources
for judges, magistrates, courts, and the police as well as prevalent
due process violations such as the prolonged detention of individuals
without being brought before a judge." 37

The UN Security Council also observed:

The assessment of the situation of the former Prime Minister Yvon
Neptune, raised concerns that, until the judiciary system in Haiti
was reformed,  human rights violations, especially in terms of due
process would continue. 38

In early May 2005, Haiti's Supreme Court overturned the November 2000
convictions of 15 former soldiers and paramilitaries for their
participation in a 1994 bloody rampage through Raboteau that left at
least 8 people dead. Human Rights Watch said:

"Raboteau was perhaps the only time in Haiti that justice was
achieved after a massacre, and in a scrupulously fair trial. To
overturn that verdict is to say that the only justice possible in
Haiti is the justice of those with guns. It's a sad day." 39

It is noteworthy and troubling that the Haitian judiciary has been
able to move to clear all charges against people convicted of massive
human rights violations who are friends and supporters of the current
unelected regime, while not able to bring even the most basic due
process to bear in the unproven charges against Yvon Neptune, the
former prime minister, and, as the next section will show, hundreds
of others.



Inhumane Jails and Prisons

"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."

"The investigators made repeated visits to the single, 9 feet by 9
feet jail cell at the HNP Anti-Gang unit headquarters across from the
National Palace. On the first visit, there were 42 prisoners in the
cell, some already there for as long as 30  days. None had been
brought before a magistrate, as required within 48 hours of arrest
under the Haitian Constitution. All stated they were arrested for
supporting Lavalas. All appeared to be extremely impoverished and
many had no shoes or shirts." 41

Where there is an impaired judiciary and an unprofessional police
force, a dysfunctional penal system is one direct result.

In November 2004, Amnesty International complained that so many
people were in jails and prisons unlawfully because they had not been
seen by the judiciary or in accordance with law. 42

Haiti's National Penitentiary has been the site of several disturbing
events. On December 1, 2004, numerous inmates were killed in a highly
contested action that still has not yielded a real number of deaths -
which have variously been reported as a low of 7 and a high of
several times that number. 43  In February 2005, there was a massive
prison break, under highly unusual circumstances, where upwards of
500 inmates were freed. 44

In their report of April 2005, the OAS reported:

"According to a November 2004 report by the Office of the Ombudsman,
an average of approximately 90% of individuals held in detention
centers in Haiti's 10 geographic departments have not been tried or
convicted. For instance, the Commission visited the National
Penitentiary and discovered that of the 1,054 inmates in the prison
only 9 were convicted of any crime."

The situation is so bad that Haitian officials informed UN Security
Council members "that the backlog of cases is such that most of those
imprisoned and awaiting trial in Haiti have already been incarcerated
for longer periods of time than if they had been tried and found
guilty.'' Even the US representatives spoke out: "We find this
situation unacceptable. While there have been some and are some
efforts under way to help build the Haitian judicial system, we
believe they are insufficient.'' 46

Persons confined in the jails and prisons of Haiti are usually kept
in cells that are overcrowded, highly unsanitary and highly unsafe. 47
The observations of this author of numerous jails and prisons are:
they all contain vast numbers of people who have never seen a judge
and have no scheduled date to ever see a judge; are provided  either
no or insufficient food and must rely on food brought from friends or
family or other prisoners; contain mixtures of adults and juveniles,
non-violent and violent, mentally disabled and  the physically ill,
and even in one instance a young woman in a cell with nearly twenty
males.

The situation of the prisons is a denial of due process of law. 48
government's priority would be the neutralization of the pro-Aristide
chimeres, whom he accused of being responsible for the country's
insecurity, and of all Fanmi Lavalas partisans who had committed
crimes, adding that this phase should be completed before the
government would focus on the cases of violators of human rights
during the period following the coup d'etat of 1991 and on those
responsible for other acts of violence." 49

The UN Security Council noted the interplay between problems with the
police, the judiciary and the penal system:

"The problems in the justice system and penal systems had compounded
the human rights situation - for example, the arrest of suspects who
were held in poor conditions and without trial for prolonged periods
- and negatively affected the reconciliation process. The mission
found that, for the police to operate effectively and in  compliance
with human rights standards, and to address the security situation,
the judicial and penal systems need to be reformed. This was seen as
an urgent task facing Haiti." 50

The September 2004 report of the Inter-American Commission on Human
Rights in Haiti criticized the lack of fairness and due process of
law in the judicial system:

the State's obligation to end impunity for all human rights abuses
through demonstrably fair and effective procedures that conform with
international standards, as well as the corresponding right of all
persons to due process of law and to be  heard by a competent,
independent, and impartial tribunal, without discrimination of any
kind. 51

Haitian human rights lawyers have been subjected to repeated death
threats. 52  One international human rights lawyer was denied entry
into the country because of his association with the elected
president. 53

"In this respect, the Commission emphasizes the State's obligation to
guarantee the right of all persons within its jurisdiction to due
process which includes the right to know the charges against them and
to be tried within a reasonable time. The State also  has an
obligation to end impunity for all human rights abuses through
demonstrably fair and  effective procedures that conform to
international standards. The Commission therefore calls  upon the
government, in Absence of Due Process of Law

"Three days after taking office, Prime Minister Gerard Latortue -
sharing a platform with convicted murderer " Jean Tatoune" - hailed
the former insurgents as "freedom fighters". His remarks were all the
more symbolic for being made during his visit to Gonaives, where the
insurgents had burned the police station, chased off the police
forces and freed the prisoners. According to later press reports,
Prime Minister Latortue said that his cooperation with the
international community, to take the urgent measures necessary to
have the legal status of all persons in detention judicially reviewed
and clarified as to guarantee their right to due process under
domestic and international law." 54

Inadequate numbers and poorly trained and supervised police, a
non-functioning judiciary, and inhumane prisons overflowing with
people arrested under questionable circumstances, create a toxic
combination that overwhelms the rights of the people of Haiti to due
process and respect of human rights.


Violence Against Children

While there is officially sanctioned violence against citizens, as
noted above, there is also violence by armed gangs and members of the
disbanded army. Targets of this violence, whether officially
sanctioned or not, are often the most vulnerable or the most
outspoken.

Half of the population of Haiti is under 15 years of age and the UN
Security Council noted efforts to combat child-trafficking in Haiti.
55

The September 2004 Inter-American Human Rights Report observed:

It is also alleged that children have been the victims of child
labor, kidnappings, and the violence perpetrated by armed groups. The
Commission reiterates the need for the State to take concrete steps
to prevent conduct of this nature, including the effective
investigation and prosecution of complaints of such acts. 56



Violence Against Women and Rape

Rape was highlighted as a severe human rights problem in the
Inter-American human rights report in September of 2005,57 and in the
November 2004 report by Amnesty International. 58  The UN Security
Council April 2005  Mission Report reported:

The mission acknowledged that the current climate of violence,
insecurity and impunity marginalized Haitian women in the daily lives
and, in particular, left them vulnerable to sexual violence. 59

In March 2005, the Commission of Women Victims of Rape reported
scores of rapes in poor neighborhoods of Port au Prince and called on
MINUSTAH to take the issue of rape much more seriously. "The number
of cases we have received from Village de Dieu and Cite Soleil alone
shows us that MINUSTAH has failed to provide real security for women
in these areas." 60

The April 2005 report of the OAS underscored the importance of
protection of women and children, especially from sexual violence:

The violence in Haiti continues to have a severe effect on the local
population and has exacerbated the already desperate situation of
women and children in the country. According to members of civil
society, women and girls continue to be the victims of sexual
violence by members of armed groups, gangs and others with impunity.
Women in detention are held for prolonged periods and in inhumane
conditions. While the Commission welcomes information indicating that
a law has now been decreed in Haiti that renders rape a crime, it
also emphasizes the need to enforce this law through effective
investigation, prosecution and punishment. 61

Rape is not likely to be reported to the Haitian National Police
because, as one woman reported to Refugees International "A woman
would never go to report a rape to the HNP - she is likely to be
raped by them again." 62


Violence and Harassment Against Union Officials

Union officials who have been critical of the human rights record of
the current regime in  Haiti have been subjected to arbitrary and
baseless detention, search and threat. 63


Violence and Harassment Against Journalists

Since March 2004, journalists have been subjected to threats and
violence. The Amnesty International report of June 2004 detailed
several instances of threats and attacks on journalists and radio
stations that are considered "pro-Aristide." 64

The OAS noted "In recent months, the Commission has received numerous
reports of threats and attacks against members of nongovernmental
organizations and the media, including the murder of journalists." 65

The Committee for the Protection of Journalists lists details of
numerous murders, attacks on individual reporters and radio and
television stations, and threats to Haitian journalists since early
2004. 66


Violence and  Harassment Against Lavalas

Harassment of supporters of President Aristide and the Lavalas party
has been noted in many reports. 67

In June 2004, Amnesty International pointed out:

One of the hallmarks of a functioning legal system is its ability to
apply the rule of law impartially. Since coming to power, the interim
government has swiftly moved to arrest members of the Fanmi Lavalas
party suspected of acts of political violence or corruption, or has
taken measures to prevent them from leaving the country, but has not
demonstrated an equal commitment to act against accused or convicted
perpetrators of grave human rights violations. 68

In September 2004, the Inter-American Human Rights report noted:

In addition, the Commission received information and reports alleging
acts of violence against individuals based upon their affiliation, or
perceived affiliation, with the former President and his political
party. The Commission was also informed of acts of violence allegedly
attributable to the supporters of the former government, including a
recent incident in which the Secretary of State for Foreign Affairs
of France was attacked while visiting a hospital in Cite Soleil. The
Commission condemns incidents of this nature and emphasizes the
State's obligation to investigate allegations of such violence and,
where substantiated, prosecute and punish those responsible. 69


Violence Causes Humanitarian Crisis for People in Poorest Neighborhoods

In November 2004, Amnesty International alerted the world to the
impending humanitarian crisis in Cite Soleil due to its isolation and
violence between and among armed gangs:

"The rights to health, food, education and physical integrity of the
inhabitants of this area of the capital are violated on a daily basis
as a result of the closure of the hospital and schools and the
difficulties in distributing food aid." 70

This call for help for the people in the poorest neighborhoods is
repeated by other human rights investigations. 71

As a result of violence, the people in the poorest neighborhoods are
cut off from medical help and other resources outside of their
neighborhoods.


Punishment of Dissent and Assembly

"Suspected dissidents fill the prisons, their Constitutional rights
ignored. As voices for non-violent change are silenced by arrest,
assassination, or fear, violent defense becomes a credible option.
Mounting evidence suggests that members of Haiti's elite pay gangs to
kill Lavalas supporters and finance the illegal army." 72 University
of Miami Human Rights Report

The most prominent political prisoner in Haiti is Yvon Neptune, the
former Prime Minister. At the time of this writing, he was on a
hunger strike to protest his continued incarceration without legal
charges. The former Prime Minister turned himself into authorities on
June 27, 2004 after hearing on the radio that there was a secret
warrant for his arrest. He has remained in prison without trial since
that time. Despite an article in the Haitian constitution which
requires that a person accused of a crime be brought before a judge
within 48 hours, more than nine months passed without Neptune being
brought before a judge. Only after starting a hunger strike and
having a petition filed on his behalf with the Organization of
American States did the government bring him before a judge - but no
date has yet been set for a trial. 73

Even the UN has questioned the continued imprisonment of Yvon Neptune.
74

Another example is Fr. Gerard Jean-Juste, an outspoken advocate of
democracy and non- violent action, who was violently arrested on
October 13, 2004 while feeding hundreds of children at his Port au
Prince church. Children were shot by the police who were all clothed
in black and wearing ski masks. Despite an international uproar, Fr.
Jean-Juste remained in prison until being released on November 29,
2004 when a judge found there was no evidence to hold him. 75

As Human Rights Watch reported, "Detainees included Yvon Feuille, the
president of the Haitian Senate, and two other politicians associated
with the Aristide government, who were arrested on October 2 at Radio
Caraïbes in Port-au-Prince. Indeed, hundreds of Aristide supporters
were reportedly arrested on suspicion of involvement in violence.
Whether the police have evidence to justify some of the arrests is
far from clear." 76

Other high-profile dissidents, like former Minister of the Interior
Jocelerme Privert, and former mayor of Port au Prince, Harold Severe,
remain in jail.

If the unelected government feels it has the impunity to handle these
high-profile dissidents like this, consider how the poor dissident
must be treated.

On September 30, 2004, Haitian National Police shot at unarmed
demonstrators who were marching for the return of President Aristide
and the return of constitutional government. On the same day, other
demonstrators from Cite Soleil who were trying to meet up with the
larger group were shot at by armed gangs friendly to the unelected
government. 77

On November 10, 2004, an attempted peaceful march in Bel Air, a poor
area of Port au Prince, was ended when HNP shot into the crowd and
200 demonstrators were forced down in the street, beaten and taken to
jail. 78

Two persons were killed and several others wounded when police opened
fire on the nonviolent march for democracy on February 28, 2005.79
Five persons were killed while marching nonviolently on April 27,
2005. Witnesses said police drove up behind the march and shot into
the crowd as it approached Un headquarters. The police made no
attempt to disguise themselves, wearing riot gear uniforms and ski
masks and driving in police pickups. 80

The UN Security Council Report notes the position of the unelected
regime about democratic marches:

"The mission learned from some interlocutors that frequent, possibly
manipulated and rapidly organized demonstrations expressing political
discontent also destabilized the security situation. Haitian
authorities noted their lack of information about the people involved
in those groups had complicated their ability to deal with the
different elements in a fair and equitable manner." 81

Dissent and the right to assemble and protest are dangerous rights to
exert in Haiti.

[Part one of two]