Human Rights in Haiti - October/November 2001 Report

The month of October hosted the International Day of Prisoners, a day that human rights organizations throughout the world commemorated.  On Sunday, October 28, 2001 human rights organizations throughout Haiti remembered this day with various activities.  NCHR organized and hosted a visit of the National Penitentiary, Haiti's largest and most populous prison, for a press delegation of representatives from a variety of Haitian press organizations.  This was an historic event as it was the first time that the Haitian press, including several cameramen, was granted authorization to participate in a complete visit of the prison.

The Political Environment

On the political front, the OAS returned to Port-au-Prince to help re-launch negotiations between Lavalas and the Convergence, as both parties struggle to find common ground and compromise to end the crisis.

There continues to be tension between Prime Minister Chérestral and some Fanmi Lavalas supporters.   Chérestral temporarily resigned in September as a result of accusations of fraudulent activity revolving around the purchase of a luxurious house; he re-took his post several days later.  At the beginning of the month four (4) members of Organisation Populaire (OP)1 were arrested while distributing flyers on the streets of Port-au-Prince; these flyers contained a derogatory text and caricature of the Prime Minister.  The arrests have led to numerous demonstrations across the country by fellow OP members seeking liberation for those arrested.  To date, they remain in detention.

It was announced this month that the much-debated FRAPH/FAD'H2 documents were "finally" returned to Haiti.  Human rights organizations such as NCHR have been demanding the return of these documents for the past several years, documents that are said to contain information about crimes committed during the coup years.  It is estimated that 5,000 people died at the hands of coup leaders from September 30, 1991 to October 15, 1994. 

Interestingly enough, the documents had already been returned to Haiti several years ago under the Preval government who refused to officially accept them.  Human rights advocates are concerned as to what may have been deleted from and/or added to the 60,000 page files. The American ambassador contends that the files are complete, but sources say that they do not contain the names of Haitian Americans involved in criminal activity during the coup.  Aristide announced the establishment of a commission to work on the files of the victims of 1991 for the purposes of reparations. 

Furthermore, Aristide unofficially appealed to the United States government to extradite Emmanuel (Toto) Constant, the leader of FRAPH during the period of the coup.  Aristide also spoke of seeking the extradition of Michel François and Raoul Cédras, currently living in Latin American countries.

Jean Dominique Double Murder Case

The case for justice for Jean Dominique and Jean Claude Louissant remains at a standstill.  Three (3) months after receiving a request to lift the parliamentary immunity of Senator Dany Toussaint, the Senate has failed to respond, apart from forming a special commission to research the request. 

René Civil and Paul Raymond, both close to the ruling party and both wanted in connection with Dominique assassination, circulate freely around town in official vehicles and make public addresses, despite arrest warrants issued against them.   Furthermore, these two men, with arrest warrants issued against them, continue to meet on a fairly regular basis with officials within the National Police.

The case was further complicated by the death of Panel Renelus.  "Ti Panel" as he was known, was a known criminal in the town of Léogâne, just outside of Port-au-Prince.  He had been implicated in a number of crimes including rape and theft.  Ti Panel was also implicated in the assassination of Jean Dominique, and is believed to have had a significant amount of information concerning the double assassination.  Officials arrested Ti Panel as he attempted to cross the Dominican Border, and immediately transferred him to the police precinct in Léogâne.  Judge Gassant, Investigating Judge in the Dominique case was aware of the security issues of keeping Ti Panel in Léogâne and requested that he be transferred to Port-au-Prince. 

Judge Gassant's request was never granted.  As a result, Ti Panel died under the umbrella of "zero tolerance" as members of the community of Léogâne entered the police precinct and violently murdered him.   Police officers and officials watched in compliance.

Politicization of the Haitian National Police

In an open letter to the Superior Council of the Haitian National Police (CSPN) human rights organization NCHR forcefully condemned the politicization of the force and severely criticizing its practices.  The letter cited concrete examples of the impunity that is drowning this country. Known criminals, murderers, drug traffickers and human rights violators roam the streets of Port-au-Prince, free and without worry as they are under the protection of the power that occupies that National Palace, despite the fact that warrants for their arrests have been issued. René Civil, Paul Raymond, and Ronald "Cadavre" are three such men, the latter with much blood on his hands.  

Furthermore, NCHR addressed the disturbing fact that several police officers, responsible for severe and violent human rights abuses, have been reintegrated and promoted into the ranks of the force.

Aristide is said to have met with the CSPN for the purpose of taking action against those individuals listed in NCHR's letter.  Shortly after thereafter, a list of names was made public, names of human rights defenders to be "eliminated".  In light of these recent death threats, human rights organizations around the world have demonstrated their solidarity with and support of NCHR and POHDH and their work.  Numerous letter and petitions have been sent to the President of the Republic, calling for justice and the protection of Haiti's human rights defenders.

Violence and Impunity

La Saline

The populated slum of La Saline was turned into a blazing inferno on the holiday weekend that ushered in the month of November.  Several armed gangs fighting over control of the area set fire to the community's market place.  The flames, which covered an area equivalent to three (3) city blocks, could be seen form all over Port-au-Prince.  The violent weekend left five (5) people dead and numerous residents without homes.  Ronald "Cadavre", the leader of one of the gangs, is said to have been responsible for inciting the confrontation.   Witnesses say he was seen throughout the weekend driving around in a police vehicle.   Last month Cadavre was seen killing a man in front of the National Palace.  An arrest warrant has been issued against him.

Demonstrations of angry residents took place on Monday, November 5, condemning the complacency of the police (many officers were seen in the company of the armed bandits) and seeking justice and reparation.

In a twist of irony and impunity, Camille "Cadavre", brother to Ronald, along with Annette Auguste (Sò Anne) a member of Aristide's personnel, organized a visit of the President to La Saline on November 6.  Like his brother, Camille has been implicated in criminal activity.   During his visit, Aristide distributed money for the victims and their families while failing to address the question of justice and the arrest of those responsible.

Cité Soleil

Tension and fear consumes the residents of Port-au-Prince's largest slum, Cité Soleil, as more lives are lost in violent confrontations between police and a group of armed civilians.  In the course of two (2) weeks, the fighting left eight (8) people dead, including a police officer with little to no intervention on the part of Haitian authorities. 

Freedom of the Press        

The fundamental principles of freedom of expression, freedom of the press and the respect for truth continue to be threatened.  A journalist from Radio Haiti Inter was violently attacked and mistreated by police in Cité Soleil as he was investigation the death of a teenager at the hands of police.  Police allegedly shot and killed a 16 year-old boy in place of his brother, a suspected gang member.   One of the officers participating in the attack was the new police inspector of Cite Soleil.  The journalist was pushed to the ground and received several blows to his body.  His tape recorder was destroyed. The Ecumenical Center for Human Rights (CEDH) reports that since the beginning of 2001, 10 journalists have been the objects of threats from individuals close to Fanmi Lavalas. 

After receiving formal complaints from Radio Haiti and the Association of Haitian Journalists (ADJ) the Parquet of Port-au-Prince summoned the Police Commissioner of Delmas and the inspector of Cité Soleil in for questioning.   Upon further investigation, ADJ dropped its charges against the Commissioner of Delmas.  The complaint against the new police inspector of Cité Soleil stands.

General Situation

Human rights advocates continue to watch with concern the increasingly tense situation in the north of the country.  An anti-drug campaign, being carried out by the National Police in conjunction with the American DEA (Drug Enforcement Agency), has created considerable unrest in the northern town of Cap-Haitian.  The campaign has resulted in the arrest of several people, a number of who are OP members.  OP members in the area claim that police have begun illegally confiscating vehicles and private property of those who have been arrested.  Furthermore they claim that the investigation itself is being illegally conducted.  The confrontations have not been without victims.  A journalist covering one of the demonstrations was shot in the head by police bullets as officers tried to disperse the crowd.  Another journalist reported being attacked in his car with stones thrown by Lavalas supporters.

More Victims of "Zero Tolerance"

Aristide's "zero tolerance" policy continues to find victims.  In Mirogâne, a 17 year-old boy was beaten to death by members of his community.  His body was then set on fire.  He was a suspected thief.  The boy's father publicly condemned his son's death and seeking justice.

A 20 year-old man, accused of stealing bananas, was lynched and burned in the community of Cabaret.  Six (6) members of this community have died at the hands of its residents in the last five (5) months since the policy's debut in June 2001.

Several more suspected thieves and murderers died at the hands of their fellow countrymen as more and more communities are taking the law into their own hands.

Bon Repos

The residents of Bon Repos, a suburb on the outskirts of Port-au-Prince, demonstrated their anger and frustration with local authorities by setting up barricades of burning tires.  They were protesting the destruction of more than 100 houses during a search carried out by a brigade of CIMO, a specialized unit of the National Police.  No explanation has been given as to the reason of the searches.