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Haiti_Index_2004_articles

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									               INDEX OF
           DOCUMENTATION
                  FOR
         HAITIAN ASYLUM CASES

                                   Prepared by the
                      Harvard Immigration and Refugee Clinic
                                        - and -
                Women‟s Refugee Project of Greater Boston Legal Services
                         on behalf of Haitian asylum seekers




The following is a comprehensive annotated Index of Documentation for use in Haitian asylum
applications to corroborate Haitian country conditions. It is suggested that advocates and/or
asylum seekers use the articles which best support their individual claims, create their own
annotated index, and download the appropriate articles. Please be aware that the following index
of documentation is merely a compilation and is by no means a complete index of all available
documentation. A special thanks to the students, volunteers, staff and advocates who have
contributed to the compilation of this index.




            Packet # 3 of 4 (articles from January 1, 2004 to December 31, 2004)

                             Current Through: January 29, 2006



                                                                                               1
1.   Amnesty International, “Urgent Action: Haiti: Fear for safety/unlawful killings,”
     (December 20, 2004).
     http://www.web.amnesty.org/library/Index/ENGAMR360632004?open&of=ENG-
     360

     A prison riot on the night of 1 December left 10 prisoners dead and around 40
     injured, according to official figures, but inmates have claimed that many more
     died, and that guards were "executing" prisoners. Visits to the prison have
     been severely restricted, making the true situation very difficult to assess.
     Prisoners who have spoken to journalists are feared to be at risk of reprisals
     from prison guards.

     The director of the national police announced on 6 December that there would be
     an investigation into the riot. However, he gave no details, and three weeks
     after the riot no official information has been made public, not even the list
     of casualties. This means that prisoners' families still do not know whether
     their relatives are alive or not.

2.   BBC News, Hannah Hennessy, “Haiti: A nation still on edge,” (December 10. 2004).
     http://news.bbc.co.uk/1/hi/world/americas/4085201.stm

     Street vendors still surround the main square, near the national palace, as they did in
     more peaceful times. But they know they risk their lives if they come here. Every day,
     this part of Port-au-Prince echoes with gunfire.

     Since the end of September, hundreds of people have been killed or injured in a rising
     tide of political and gang violence in Haiti's capital. Kidnapings, shootings and
     beheadings are not uncommon.

     Armed gangs, known as chimeres, loyal to the ousted President Jean Bertrand Aristide
     are thought to be responsible for many of the killings. They take advantage of cramped
     conditions and intermittent electricity supplies to hide from police and UN troops in
     some of the slum areas of the city.

3.   CNN.com, “Amnesty condemns Haiti‟s human rights failures,” (November 11,
     2004).

     Rights group Amnesty International on Thursday condemned what it said were summary
     executions by police, serious human rights abuses and an alarming number of illegal
     detentions in Haiti.

     The blast from the London-based watchdog added to complaints the U.S.-baked
     government is persecuting supporters of Aristide.




                                                                                               2
     The Latortue government has blamed Aristide and his Lavalas Family party for
     fomenting a surge in violence that has killed at least 170 people since early September
     and which threatens the success of the Brazilian-led U.N. peace mission.

     Amnesty said it received information on at least 11 summary executions, including seven
     people killed by police in the Fort National slum of Port-au-Prince on October 26.

4.   Amnesty International, “Haiti: Amnesty International calls on the transitional
     government to set up an independent commission of enquiry into summary
     executions attributed to members of the Haitian National Police,” (November 11,
     2004). http://web.amnesty.org/library/Index/ENGAMR360602004?open&of=ENG-
     2M5

     At the end of an 18-day visit to the country, Amnesty International has 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‟Hati).

     The organization has received detailed reports of incidents in which individuals dressed
     in black, wearing balaclavas and travelling in cars with National Police markings have
     been implicated in killings which have cost the lives of at least 11 people over the past
     two weeks.

     Amnesty International recognizes the difficulties currently facing the transitional
     government, many of which are the legacy of the actions of the previous government of
     Jean Bertrand Aristide. However, the organization believes that none of these difficulties
     can be used by state officials to justify the carrying out of human rights violations with
     complete impunity.

5.   Center for the Study of Human Rights, University of Miami School of
     Law, “Haiti: Human Rights Investigations,” (November 11-21, 2004).
     http://www.law.miami.edu/news/368.html

     In response to reports of hundreds of political prisoners -- arrested for suspected support
     of the elected, constitutional government or for criticism of the interim government -- the
     investigators visited prisoners in two jails, and spoke with a respected defense lawyer.
     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




                                                                                                 3
Constitution. All stated they were arrested for supporting Lavalas. All appeared to be
extremely impoverished and many had no shoes or shirts.

Several of the prisoners appeared to have been beaten and were severely injured, and
none had been seen by any medical professionals. After investigators‟ complaints and
calls to the Red Cross, some prisoners were moved to the National Penitentiary. About
30 remained in the cell at the end of the investigation period. Prisoners at the Anti-Gang
unit, like those in other small detention facilities, receive their only food from family
members who are allowed to visit at the cell door each morning. For bathing and toilet
use, police take prisoners out of the cell in groups of four, once a day in the morning.

Jean-Marie Samedi, a popular non-violent Lavalas leader, was observed in the cell
throughout the investigation period. He had injuries to his head, one eye, one ear, and his
back due to police beatings. He had been stopped by police, beaten, and arrested on
November 11, 2004, in Bel Air, while riding on a scooter […]

On Sunday, November 14, the investigators met with Father Gérard Jean-Juste, the most
well-known political prisoner at the time, at the Omega Prison, in Carrefour, two days
after he had made his first appearance before a magistrate. He was in good spirits and
hopeful about the judge‟s decision. He praised the judge for his fairness. Fr. Jean-Juste
stated that he was subjected to questions including (1) where he obtains the money for his
soup kitchen for poor children, (2) whether he has been speaking to Aristide, (3) whether
he believes that Aristide should be returned to office, (4) whether he supports the current
Latortue government, (4) whether he supports groups that call for Aristide‟s return, and
(5) whether he supports violence.

Defense attorney Mario Joseph currently represents approximately 60 of the most high-
profile political prisoners. Joseph contends that his clients were arbitrarily arrested and
held on false charges due to their support for Lavalas or for the return of the
constitutional government. Among the political prisoners are elected officials […] At the
time of the interview, November 21, 2004, only four of the sixty had been brought before
a magistrate as required under Haitian law.15 The right to petition for writ of habeas
corpus attached to each prisoner under the Haitian Constitution. However, according to
Attorney Joseph, none of his clients had their petitions granted and many judges had
simply prohibited the exercise of the right to petition.

Defense attorney

Mario Joseph currently represents approximately 60 of the most high-profile political
prisoners:

Yvon Neptune
former Prime Minister
Jocelerme Privert
former Interior Minister
Gerald Gilles



                                                                                             4
     Yvon Feuillé
     former Senators
     Rudy Hérivaux
     Parliamentary Deputy
     Anne “S Ann” Auguste
     folk singer and activist
     Father Jean-Juste
     Catholic priest
     Jean-Marie Samedi
     Lavalas activist

     […]As to the current rash of warrantless arrests and reports that hundreds of prisoners
     have not appeared before a judge, Vixamar stated that “prosecutors and magistrates are
     frequently too afraid to come to work.” He also stated that “all prisoners in Haiti are
     seeing magistrates.” Vixamar denied that there are any political prisoners in Haiti.
     Investigators asked about the three Lavalas party parliamentarians who had been recently
     arrested without warrants while speaking at a radio station, two of whom were then in
     jail. Vixamar replied, “it was unfortunate that they were arrested while speaking,” but
     claimed that because the parliamentarians were en flagrante delicto at the time of their
     arrests, the constitution did not require warrants. Asked what crime they were
     committing while speaking at the radio station, Vixamar stated, “weapons were found in
     their car.

6.   OAS, “Organization of American States Condemns Recent Violence in Haiti: OAS
     Commission Urges Action to Ensure Security of Haitian Population,” (October 28,
     2004). http://usinfo.state.gov/wh/Archive/2004/Oct/28-438053.html

     In an October 28 statement, the OAS Inter-American Commission on Human Rights said
     those urgent steps include disarming illegally armed groups in Haiti and investigating,
     prosecuting and punishing "those responsible for killings and other atrocities, regardless
     of who may be responsible."
     The atrocities included an incident on September 30 in which two Haitian police officers
     were reportedly shot to death and beheaded, the commission said.

7.   Haiti Support Group press release, Haiti Support Group condemns human rights
     violations, “Interim government uses 'terrorist' smear to repress opponents,”
     (October 27, 2004). http://haitisupport.gn.apc.org/Oct04.htm

     The Haiti Support Group condemns, in the strongest possible terms, the human rights
     violations and political repression carried out by agents of the Alexandre/Latortue interim
     government. It seems clear that the interim government is involved in serious human
     rights violations. We refer in particular to the following actions and statements in
     connection with the continuing protests, violence and aggressive policing in Port-au-
     Prince since 30 September 2004: The alleged violent attack by police officers on a
     demonstration of Lavalas Family Party supporters on 30 September, and the comments to
     journalists, the day after, by interim prime minister, Gérard Latortue. According to the



                                                                                              5
     Haitian Press Agency, Latortue admitted that the police shot and killed some
     demonstrators, saying, "We fired on them, some fell, others were wounded, and others
     fled"; The arrest - without warrants -of former Lavalas Family Party Senators; The
     comments of Haitian National Police director, Léon Charles, who on 8 October told
     Radio Galaxie that recent acts of violence had been committed by "terrorists". The head
     of the Haitian police then showed a complete disregard for the rule of law and a proper
     judicial process by stating that the police would take action against what he described as
     "outlaws". The Haiti Support Group is concerned that those considered 'outside the law'
     by the police cannot expect any due legal process or respect for their basic human rights.
     Charles also appeared to sanction politically-motivated repression when he promised
     action against the "intellectual authors" of the violence; The arrest on 13 October -
     without a warrant - of Father Gérard Jean-Juste at Sainte Claire's church, in Petite Place
     Cazeau, in Delmas, a suburb of Port-au-Prince. According to Amnesty International,
     Father Jean-Juste - a long-time supporter of the Lavalas movement and Lavalas Family
     Party - was arrested by police officers who failed to show a written mandate of arrest
     issued by the appropriate authorities. He has since been charged with a minor public
     order offence but has neither been released - as would be expected in such a case - nor
     presented before a judge.

8.   Institute for Justice and Democracy in Haiti, “Haiti Human rights alert: Illegal
     Arrests of Political Leaders,” (October 8, 2004). http://ijdh.org/articles/article_ijdh-
     human-rights_alert_october-2.html

     On Saturday October 2, 2004, Haitian police forcibly entered Haiti‟s Radio Caraibes and
     arrested two Senators and a former Deputy from the Fanmi Lavalas party who had
     criticized the Interim Government during a radio program. Earlier they had arrested
     another former Deputy, a lawyer, who was trying to represent the arrestees. The
     warrantless arrests were illegal and a clear violation of the detainees‟ freedom of
     association and of expression, and of the right to legal counsel. They take place in the
     context of a wave of police persecution of human rights critics, and verbal attacks on
     critics by Haiti‟s Prime Minister.

9.   BBC News, “UN Struggles with Haiti Violence,” (October 2, 2004).
     http://news.bbc.co.uk/2/hi/americas/3709378.stm

     UN peacekeepers in Haiti have struggled for a second day to control protests by
     supporters of deposed President jean-Bertrand Aristide.

     Shops in the capital Port-au-Prince closed as armed Aristide loyalists smashed cars and
     set up roadblocks.

     Interim Prime Minister Gerard Latortue said local police had killed several Aristide
     supporters, but he gave no further details.

     Gunfire broke out on Thursday as Mr. Aristide‟s loyalists emerged from the slums,
     promising that he would return from exile in South Africa.



                                                                                               6
      They were marking the 13th anniversary of his being ousted from power in 1991 by
      Haiti‟s army.

      On Friday, protesters in the western Martissant suburb fired shots in the air, blocked
      roads with piles of burning tires and smashed car windows, witnesses said.

      „All of a sudden there was a lot of shooting, but no-one saw who did it,‟ shoeshine man
      Jonel St Louis told the Associated Press news agency.

10.   AHP “Police Officers Kidnapped in the Central Plateau Released; Angry Police
      Officers Accuse Denounce the Former Military Members and Call for the Dismissal
      of the Director General of the PNH,” (August 19, 2004).

      These police officers said they had been kidnapped by more than 30 demobilized soldiers.
      The police had been sent to the region to counter the acts of insecurity.

      „These former soldiers beat us and seized our vehicle and our weapons,‟ the freed police
       officers reported. They believe their lives were spared only because of the presence of a
       large number of people at the time they were abducted.

      The CIMO officers pointed an accusing finger at the Director General of the Haitian
      National Police (PNH), Léon Charles, and the Central Director of the Administrative
      Police, Destourel Germain, who they belive [sic] to be involved in this act of kidnapping.

11.   Institute for Justice and Democracy in Haiti: IJDH Human Rights Alert, “Haiti
      Assassination Trial An Affront to All Those Who Have Worked and Died for
      Justice,” (August 17, 2004). http://lists.indymedia.org/pipermail/imc-miami/2004-
      August/0818-17.html

      In the early hours of August 17, a sham trial in Port-au-Prince acquitted notorious Haitian
      rights abusers Hackson Hoanis and Jodel Chamblain of the 1993 murder of businessman
      Antoine Izmery. Neither the judiciary nor the prosecution made even the minimum effort
      required by law to pursue this important case. The absence of effort combined with top
      Haitian officials‟ public support for Chamblain and his colleagues compels the
      conclusion that Haiti‟s interim government staged the trial to deflect criticism of its
      human rights record without alienating its military and paramilitary allies. The trial is an
      affront to the thousands of people who have worked and sacrificed for justice in Haiti
      over the last fifteen years.

12.   Amnesty International Press Release, (August 16, 2004).

      Chamblain and Joanis overnight trials are an insult to justice The Haitian interim
      government failed to ensure justice and to demonstrate its willingness to tackle impunity
      effectively, said Amnest International as Louis Jodel Chamblain and Jackson Joanis have
      been acquitted of the 1993 murder of Antoine Izmery, a pro-democracy activist and



                                                                                                   7
      business man. The trial has been hastily set up in a special session of the criminal court in
      Port-au-Prince and the verdict was reached within a day of the hearing.

13.   Institute for Justice and Democracy in Haiti, “IJDH Human Rights Alert: Haiti
      Assassination Trial Must Include Vigorous Prosecution of Human Rights Abusers,”
      (August 13, 2004).

      The trial of two notorious Haitian human rights abusers, Jackson Joanis and Jodel
      Chamblain, bot convicted in absentia for the 1993 murder of businessman Antoine
      Izmery, has been announced for the week of August 16-20. The Institute for Justice and
      Democracy in Haiti (IJDH) is concerned that Haiti‟s interim goverment has not
      adequately prepared the case, and will not vigorously prosecute the defendants.

      Antoine Izmery, a prominent supporter of President Aristide, was murdered on
      September 11, 1993, during Haiti‟s de facto military dictatorship (1991-1994). Mr.
      Izmery had organized a mass at Port-au-Prince‟s Sacre Coeur church, to commemorate
      the anniversary of the 1988 St. Jean Bosco Massacre. Soldiers and paramilitaries dragged
      Izmery out of the packed church, in full view of the Haitian and international media, the
      diplomatic community in Haiti, and UN/OAS Human Rights Observers, and shot him on
      the sidewalk outside.

      Jodel Chamberlain was the co-founder and chief of operations of FRAPH (Front
      Révolutionnaire pour l’Avancement er le Progrs Hatiens), Haiti‟s most notorious
      death squad. He was also convicted in absentia for murder in the 2000 Raboteau
      Massacre trial. After the 1994 return of Haiti‟s Constitutional government, Chamblain
      fled to the Dominican Republic, where he trained with other paramilitaries in exile. He
      returned to Haiti in February, as a leader of the insurgency that attacked towns in Haiti‟s
      north, killing police officers, destroying prisons and terrorizing the civilian population.
      Under international pressure. He turned himself into the police on April 22, 2004.

      Jackson Joanis was a Captain in the Haitian Army, and head of the Anti-Gang police, the
      de facto period‟s most feared army unit. Joanis fled to the United States, but was
      deported back to Haiti in 2001, because of his record of political persecution. He has also
      been formally charged in the 1994 assassination of Fr. Jean-Marie Vincent.

14.   Carlos Lauría and Jean-Roland Chery, Committee to Protect Journalists, “Taking
      Sides,” (July 26, 2004).
      http://www.cpj.org/Briefings/2004/haiti_7_04/haiti_7_04.html

      In the last four months, CPJ has documented three cases in which former rebels have
      illegally detained journalists working for pro-Aristide radio stations. At least one
      broadcaster has closed its doors, and another suspended news reports for a month while
      under threat.

      The new provisional government has pledged to disarm the former rebels, although it,
      too, has been accused of taking legal and regulatory steps to stifle pro-Aristide media.



                                                                                                    8
15.   Institute for Justice and Democracy in Haiti, “Human Rights Update,” (July 26,
      2004). http://www.haitiaction.net/News/IJDH/7_26_4.html

      I. Human Rights Protection

      People perceived to support Haiti‟s constitutional government or Fanmi Lavalas, the
      political party of President Jean-Bertrand Aristide have been systematically persecuted
      from late February through the present. In many cases, the de facto government of Prime
      Minister Gerard Latortue is directly responsible for the persecution; in other cases it is
      refusing to take steps to prevent its allies from persecuting Lavalas supporters.

      A. Official persecution

      1. Illegal arrests and detention

      The de facto authorities regularly arrest political opponents in violation of constitutional
      civil liberties protections. This section will focus on persecution of officials and
      prominent supporters of the Constitutional government, whos cases are well documented.
      But information from relatives and from visits to prisons throughout Haiti indicates that
      the prominent cases are only the tip of the iceberg, that every prison in Haiti contains
      dozens of people held for political reasons without the benefit of any legal proceedings…

      4. Infringement of Freedom of Speech and Assembly

      The police illegally stopped a legal pro-democracy demonstration on May 18. The de
      facto government induced the U.S. Marines in the Multinational Interim Force to assist in
      stopping the demonstration by claiming that the demonstration was illegal, as the
      organizers had not given the required notice. The demonstration had, in fact, been
      announced well in advance, and the police subsequently admitted that the organizers had
      provided proper notice. Police fired on this peaceful demonstration, killing at least one
      person. The arrest of Annette Auguste, a prominent demonstration organizer, came just
      after the demonstration was announced. Radio and Tele Timoun were closed the
      afternoon of the demonstration, after they had reported on the large number of
      participants.

      The arrest attempt against Mayor Jean-Charles took place the morning after he had
      helped organize media, about repression in Haiti.

      B. Failure to Protect Citizens

      Many pro-democracy and Lavalas activists have been attacked and threatened by
      paramilitary gangs. Although these groups are not formally integrated into the de facto
      government, they work together closely: in many areas police and paramilitaries conduct
      joint operations or share facilities; the police and prisons hold people the paramilitaries
      arrest illegally; and de facto officials appear publicly with paramilitary leaders, in one



                                                                                                 9
      case lauding them as “freedom fighters.” The paramilitaries persecute political activists,
      students, journalists, judges prosecutors and other civil servants, as well as women,
      including women who were victims of rape under the 1991-1994 dictatorship. Hundreds,
      probably more than a thousand, have been killed, many others beaten. Hundreds of
      houses have been burned and destroyed. Although conditions make it impossible to
      verify the exact number, thousands of people are in some kind of hiding, especially in
      Port-au-Prince, where victims from the country side have fled rural persecution, and
      urban victims stay with relatives and friends in different neighborhoods, or sleep at a
      different house each night.

      II. Respect for the Rule of Law

      There have been no attempts to arrest anyone for attacks against Lavalas supporters,
      including perpetrators actually convicted of crimes during the previous de facto regime
      (1991-1994). The insurgents attacked the prisons in the days leading up to the February
      28 coup d‟etat, and released all the prisoners, including people convicted of major human
      rights violations, and others legally imprisoned pending trial. Human rights abusers
      convicted in absentia returned to Haiti from abroad with the insurgents. Some of the
      escaped convicts work with police to identify Lavalas supporters, who are subsequently
      abducted or killed.

16.   Dr. Robert Maguire, “Haitian Politics, Governance & External Actors” remarks
      given at the conference “Haitian Development and Public Policy: The Next Decade”
      at University of Massachusetts in Boston, (July 24, 2004).

      This leads to some consideration of the previously mentioned „bad‟ development of the
      past week, the issuance of yet another human rights report highly critical of the situation
      in Haiti. In its detailed July 19 report, the Institute for Justice and Democracy in Haiti
      deepens the concerns expressed a month earlier by Amnesty International that Haiti is
      not-so-successfully struggling under a heavy burden of human rights abuse, violence and
      impunity. That burden includes not only the so-called „witch hunt‟ enacted by the interim
      government against supporters and members of the ousted government, but also the fact
      that neither the leaders nor the members of the myriad of armed groups - including high
      profile insurrectionist groups that remain armed and in charge in localities throughout the
      countryside - have been disarmed or detained. To date, little, if anything, has been done
      by Haiti‟s interim government - or by UN troops, for that matter - about this dangerous
      situation of Haiti‟s new warlords.

17.   Institute for Justice and Democracy in Haiti, “Human Rights in Haiti,” (July 19,
      2004). http://www.ijdh.org/articles/article_ijdh-human-rights-violations.html

      THREATS AND HARASSMENT

      In addition to the violations described above, a large number of interviewees, in
      particular members of grassroots popular organizations, have reported receiving specific
      threats and harassment by supporters of the former opposition because of their support



                                                                                              10
for the constitutionally elected government. Many have been threatened with death if
they did not leave their homes, and are now living in hiding. Many of those in hiding are
with their spouses and children, which entails severe economic and social dislocation.

The Human Rights Situation in Haiti

The continuing violence and political disturbances in Haiti have resulted in or allowed
the commission of numerous human rights violations that in turn generate more
instability and cause great suffering in the country. A general climate of fear and terror
exists in the country and the number of those killed since February 29 is believed to be
high. It is difficult to assess the actual number of political and extrajudicial killings
because hardly any criminal investigations have been conducted into unexplained killings
and disappearances and other criminal acts, whether political or not.

The investigation carried in Haiti from March to May 2004 reveals that the following
prohibited acts have been committed: a) violence to the life, security, health and physical
or mental well-being of persons, in particular murder, torture, mutilation, rape, as well as
cruel, inhuman or degrading treatment or punishment and other outrages upon personal
dignity; b) collective punishments against persons and their property; c) pillage; d)
practicing, permitting or tolerating the involuntary disappearance of individuals,
including their abduction or unacknowledged detention; and e) threats or incitement to
commit any of the above acts; f) arbitrary arrests and detentions; g) violation of the right
to freedom of assembly and association; and h) violation of the right to freedom of
opinion and expression.

The commission of these human rights has involved the use of force and repressive
measures by several actors including the government‟s armed forces and other organized
armed groups exercising control over parts of the territory. Acts of violence have been
carried out by armed gangs or other criminal groups acting with impunity and what
appears to be under the cover, or with the tacit consent, of the authorities. Many of the
cases of arbitrary arrests, illegal detention and torture, and of collective punishments
against victims and their property are linked to the attempts of the victims to exercise
their right to freedom of expression, most commonly while expressing their support for
the upholding of democracy.

The violations described in this document amount to gross human rights violations in
contravention of international human rights instruments.

These violations are prohibited by the Haitian Constitution and by a whole corpus of
international human rights instruments namely the Universal Declaration of Human
Rights 1 , the International Covenant on Civil and Political Rights 2 , the Children Rights
Convention 3 and the Convention on the Elimination of Discrimination Against Women
4 as well as the American Convention on Human Rights 5 and the Inter American
Convention on the Prevention, Punishment and Eradication of Violence Against Women.




                                                                                          11
18.   Laura Flynn, Robert Roth and Leslie Fleming, “Report of the Haiti Accompaniment
      Project,” (June 29-July 9, 2004).

      A Literal Witch-Hunt

      Members of Fanmi Lavalas have been using the word witch-hunt to describe the ongoing
      repression of Lavalas in Haiti. We were shocked to find that this term can be taken
      literally. While we were in Haiti, a wild story was being circulated by the media and
      Haitian authorities. It claimed that a baby was sacrificed during a ceremony attended by
      many members of Lavalas in the year 2000. While we initially took this to be at the level
      of tabloid sensationalism, it became clear that this ludicrous charge is being pursued by
      the current de facto authorities.

      On three occasions individuals have gone on National Television, reportedly at the behest
      of the Minister of Justice, to describe their participation at ths so-called ceremony.
      Despite the fact that the stories told by these individuals are not even consistent, (one
      person claimed the ceremony was held at President Aristide‟s house, another claimed it
      was at the home of Lavalas activist Annette Auguste (SoAnne), Haitian authorities are
      using these out of court, unverified statements as the basis for issuing arrest warrants for
      Lavalas officials. These charges are also the justification for continuing to hold Annette
      Auguste.

19.   Appeal from International Labor/Religious Delegation to Haiti, (July 4, 2004).

      To sum up what our Labor-Religious Delegation learned -- We can state without and
      reservation, that the vast majority of the people of Haiti do not supportthe LaTortue coup
      government, which they consider as illegitimate and imposed outside powers... .They
      applaud the action of Caricom in withholdingrecognition of the coup regime... .And they
      fervently desire the return of their legitimate president, Jean-Bertrand Aristide, whom
      they have twice elected to office by overwhelming majorities [in fair, high-turnout
      elections], only to see his government overthrown by foreign powers in concert with
      Haitian paramilitary death squads.

      Since our delegation left Haiti, the repression has continued unabated, with the arrest and
      imprisonment of Lavalas community leader, grandmother and well-known singer Annette
      Auguste (So Anne) [in the middle of the night, in iiolation of Haitis ConstitutionJ, and
      now the arrest and imprisonment of Haitis legitimate Prime Minister Yvon Neptune. We
      were also saddened to learn that a large contingent of French troops as well as U.N.
      troops had stormed into the small rural town of Milot and raided the home of the mayor,
      Moises Jean Charles (again, illegally, in the middle of the night]. This is the same mayor
      that we had just interviewed. ~ot finding the mayor at home, the foreign occupation
      troops arrested his wife. Where is democracy, when popularly elected officials must flee
      for their lives, and the rule of law is replaced by the rule of the gun?

20.   Amnesty International, “Breaking the Cycle of Violence,” (June 21, 2004).
      http://web.amnesty.org/library/Index/ENGAMR360382004


                                                                                               12
In the aftermath of the departure of former President Jean-Bertrand Aristide, Haiti is
confronted with a number of human rights challenges it must meet if the country is to
break with the violence and impunity that has characterized it for so many years.
An Amnesty International delegation visited the country from 25 March to 8 April 2004
and was deeply concerned for the security of the civilian population. Despite the presence
of the UN-mandated Multinational Interim Force (MIF), a large number of armed groups
have continued to be active throughout the country and to abuse human rights. These
groups include both former insurgents (made up initially of former military officers and
former members of a paramilitary group active during the 1991-1994 military regime,
responsible for serious human rights abuses in the past), armed criminal gangs, escaped
prisoners and militias loyal to former President Aristide.

Human rights abuses against Aristide supporters

Supporters of former President Aristide have suffered abuses ranging from threats to
kidnapping and extrajudicial killings, especially in the poorer areas of Port-au-Prince
where the former President garnered most support. Many of the victims were members of
grassroots organizations who had been victims of human rights violations during the
1991-1994 military regime and who had been involved in actions seeking redress for
these crimes, and who had also become politically involved in support of the Fanmi
Lavalas regime. Yet others may have been members of the chimres, irregular police
assistants or other pro-Aristide gangs, singled out for abuse on account of the power they
wielded or for the abuses they may have committed themselves in the past. Many people
in Haiti, including some human rights organizations, equate being a member of a popular
organization with being a member of the chimres. This has presented an added
difficulty when documenting cases of human rights violations against such groups, as
some human rights organizations who have been active in denouncing abuses committed
under the Aristide period do not seem inclined to investigate abuses committed against
pro-Aristide groups, dismissing them as mostly "settlements of accounts". On the other
hand, some former President Aristide supporters have consistently refused to report their
cases to those human rights organizations they perceive as hostile.

Amnesty International‟s delegation met about 40 men who claimed to be leaders and
members of popular organizations based in poor neighbourhoods of Port-au-Prince and
Petit-Goâve and who said they were in hiding due to threats received. For the most part,
they had left home on 29 February and had not returned because families or friends told
them that armed men had gone to their homes looking for them, or that their homes had
been attacked or burned down. One leader of a victims‟ association in a poor
neighbourhood of Port-au-Prince reported that he had left home with his family on 29
February and that his house was now occupied by persons close to the former Duvalier
regime.(41) Many had not seen their families since and expressed concern about their
security and economic situation. All of them noted that while they had enjoyed solid
national and international support when they had been targeted for abuses following the
September 1991 coup, they were now more likely to encounter suspicion about their
activities as members of popular organizations and indifference to their plight.


                                                                                       13
Harassment and discrimination against civil servants was also reported. One man
claiming to be an employee at the Office National de la Migration, National Migration
Office, said that he could not go to work anymore because former soldiers had
surrounded the office and were stopping known Fanmi Lavalas supporters or members of
popular organizations from entering. Another man, who worked at Téléco, the Haitian
telephone company, said that lists of people accused of having Fanmi Lavalas
connections were being circulated and the people on the lists dare not go to work any
more. Many claimed the existence of lists, in each police station, of wanted members of
popular organizations. They all spoke of killings in poor neighbourhoods of Port-au-
Prince, especially Bel-Air, Martissant, Delmas, Cité Soleil, Carrefour and La Saline.

Although Amnesty International has not been able to verify independently all of the
information it received, the number and consistency of statements made to the
organization by both victims and witnesses strongly suggest that the persecution of those
associated with the Fanmi Lavalas regime is widespread.

Women victims of human rights violations during the 1991 coup period are also being
targeted. In 2001, Les enfants du coup d’état, The Children of the Coup, by Haitian film
maker Rachle Magloire, movingly portrayed the efforts of a group of women who had
suffered abuse at the hands of coup participants to overcome their suffering. The film was
shown both in Haiti and internationally. The group later fell prey to the politicization that
affected much of Haitian society and many members reportedly abandoned their claims
for reparation. Amnesty International interviewed one of the participants, Jacqueline
Paillant, who said that she and her six children had recently been subjected to threats and
intimidation because they are seen as Fanmi Lavalas supporters. She indicated that an ex-
member of the Haitian army and others have on repeated occasions approached her and
reminded her that "papa ou ale", "your daddy is gone", referring to former President
Aristide, and that she was now on her own. On the first occasion, an ex-soldier signaled
her out from a vehicle and she went into hiding for a week. She claimed to be so scared
that she now leaves home for work before sunrise and comes back after sunset, always
changing paths and worrying about her children. Her 19-year-old son was also repeatedly
threatened by the same ex-soldier upon leaving or entering the house and, upon the
advice of some friends who feared he would be attacked, he went into hiding.

Jacqueline Paillant also claimed that other women who participated in the film were still
in hiding. One of them, Francoise St Charles, had her house broken into by armed men
who destroyed her door on 29 February and had not returned home by early April.
Relatives of persons associated with Fanmi Lavalas have also been targeted. Stanley
Guilloux Antoine, 16, a student at the Lycée Anténor Firmin, was killed on 29 February
in Martissant by armed individuals who were looking for his father, a Fanmi Lavalas
supporter. According to the reports received, Stanley was taken away from his house that
day and his body was found in Fontamara 43 the next day. Although five persons have
reportedly been identified as those responsible for the killing, no arrests have been made
and the family is still under threat.




                                                                                          14
      A 15 year-old youth interviewed by Amnesty International told the organization, on
      condition of anonymity, that on Sunday 7 March a group of five armed men went to his
      house looking for his father, a member of three popular organizations and a victims‟
      committee, who had been in hiding since 29 February. Not finding him there, the men
      grabbed his son and beat him severely, breaking his collar bone. When they were taking
      him away, neighbours, who heard the young man‟s cries, ran towards the house and the
      men ran away. In April, when Amnesty International talked to him, he was still receiving
      medical treatment for his injuries.

21.   Amnesty International Press Release, “ Haiti: Last chance to end cycle of violence,”
      (June 21, 2004).
      http://web.amnesty.org/library/Index/ENGAMR360482004?open&of=ENG-HTI

      The deployment of a new United Nations mission to Haiti this month represents a major
      opportunity, and perhaps a last chance, to break the cycle of violence and impunity that
      has plagued the Caribbean republic for so many years, Amnesty International said.

22.   Cherrene Horazuk, “Coup Against Aristide, U.S. Occupies Haiti,” (June 17, 2004)
      http://www.fightbacknews.org/2004/02spring/haiticoup2.htm

      Haitian President Jean Bertrand Aristide was forcibly removed from office by U.S.
      military personnel Feb. 29 and flown to the Central African Republic.
      U.S. troops, with assistance from France, now occupy the country. Supporters of
      President Aristide are hunted, murdered and jailed.

      Aristide states that U.S. envoys forced him to sign a „resignation letter, under the threat
      of bloodshed against the people of Haiti. Guy Philippe and other death squad members,
      convicted felons and murderers, have declared themselves to be Haitis new government.
      No one should be confused about the nature of these „rebels. Their roots can be found in
      the Duvalierist regimes that terrorized Haiti from 1957 until 1986 and the CIA-tied
      military government that ruled in the early 1990s.

23.   Council on Hemispheric Affairs Press Release, “Another Failed Washington Regime
      Change: Haiti‟s Caricature of Democratic Governance,” (June 16, 2004).

      Rebels With a Shady Past

      Questions about the deplorable human rights record of the rebels who helped overthrow
      Aristide, many of whom have been enthusiastically embraced by the current government
      as “freedom fighters,” have been swept aside as unnecessary “dwelling on the past,” and
      there has been shockingly little investigation of repeated reports of political murders and
      massacres of mainly pro-Aristide militants and members of his Lavalas party under the
      aegis of the present U.S.-installed government led by business consultant and Boca Raton
      resident Latortue. At the same time, it seemed that no representative of the international
      community, save the CARICOM nations (led by Jamaica) and several African nations led
      by South Africa, dared to suggest that the transfer of power to a prime minister


                                                                                               15
      essentially handpicked by the U.S. embassy and the State Department is a demonstrably
      less than democratic process.

      Yet the situation changed on June 8, when the Organization of American States—a
      normally rather moribund organization that under outgoing Secretary-General Cesar
      Gaviria has become little better than a regional policy-making appendage of the State
      Department—approved a resolution calling for an investigation into the circumstances of
      former President Aristide‟s departure. This initiative was passed despite the Bush
      administration‟s incessant admonitions that political recriminations should be avoided in
      order to prioritize rebuilding Haiti‟s democratic institutions, a declaration that blatantly
      ignores the fact that it is exactly those institutions that the recent coup had helped to
      destroy. Thus it seems that the last word about this year‟s events in Haiti have yet to be
      written. On the contrary, Washington‟s overweening role in the uprising that ousted
      Aristide, as well as its obvious bias in favor of the Haitian political opposition
      movements Democratic Convergence and Group 184 (which had long heatedly called for
      such an ouster) may yet emerge as one of the more shocking examples of U.S.
      interference in the internal politics of a hemispheric nation over the last half-century.

24.   Committee to Protect Journalists, “Committee to Protect Journalists Denounces
      Attacks on Haitian Press,” (June 2, 2004).

      The Committee to Protect Journalists (CPJ) is alarmed that Haitis transitional
      government has detained a cameraman without charge.Officials have also closed a radio
      and television station owned by the Aristide Foundation for Democracy, which was
      founded by former President Jean-Bertrand Aristide.

25.   Coalition for a Just U.S. Policy, “Human Rights Report,” (May 25, 2004).

      National Campaign of Repression Continues, National Lawyers Guild Reports
      Numerous reports from Haiti continue to emerge of a campaign of repression aimed
      primarily at supporters of deposed President Aristide and his political party Lavalas.
      Jonas Petit, a spokesperson for the Lavalas party stated: “We won‟t [participate in the
      electoral council] until the government puts an end to the killing, persecutions, illegal
      arrests, and destruction of personal property of our members and supporters” (Reuters).
      Although many groups have been accused of carrying out violations since February 29,
      no other major political group has claimed to have been subjected to political persecution
      since that date.

      Members of the NLG delegation found extensive evidence supporting the claims made by
      Lavalas leaders of continued repression violence and human rights violations towards
      supporters of the elected government. Thousands of individuals still remain in hiding and
      many families have been disrupted for more than two months. All persons in hiding
      interviewed by the delegation, including local and national government officials, the
      director of a community radio station, community and neighborhood leaders, teachers,
      and students, identified themselves as supporters of Aristide or the deposed government.
      Members of the delegation found that across Haiti, “security for government supporters



                                                                                                16
      and members of popular organizations working for peasants‟ rights, democracy, and/or
      Aristide was severely lacking and that these persons continued to be in grave danger”
      (NLG II).

      Significant Internal Displacement, Human Rights Lawyer Reports

      Numerous residents from the country side, in particular from the neighborhoods of Petit
      Goave, Gonaives, Saint Marc, Cap Haitien, Jeremie, Limbé, Mirebalais, and Maissade
      have been forced to flee to Port-au-Prince as a result of acts of intimidation and/or death
      threats. Several have been threatened with death upon their return to the area. Many who
      have trried to go back have been forced to return because of the continued presence of
      those who initially persecuted them. Similarly, those from Port-au-Prince who are being
      persecuted claim they cannot go to the country side because of the presence of former
      militaries and rebels in certain areas, and the lack of regular police forces.

26.   Let Haiti Live: Coalition for a Just U.S. Policy, “Largest Haiti Coalition
      Unanimously Condemns U.S. Marine Activity that Violates the Human Rights of the
      Haitian People,” (May 18, 2004).

      Only days after the removal of Haitian President Jean-Bertrand Aristide, an illegitimate
      government was created from Haitis private sector and the political opposition, backed
      by United States with the assistance of the Organization of American States (OAS) . This
      interim government has not even attempted to create the illusion that it is inclusive and
      has gone beyond just excluding Fanmi Lavalas members to compiling a list of Lavalas
      leadership that must not, under any circumstances, attempt to leave the country. In
      addition, this interim government appears to be implicitly supporting violent criminals-
      at-large, and resurgent military and paramilitary groups. In its actions and in its words,
      the “interim” government is condoning a large violent faction that is committing human
      rights violations.

      The presence of the Multinational Interim Force, or MIF, is NOT creating a greater sense
      of security. One incident that has escaped any real scrutiny by the international press is
      the alleged massacre of as many as seventy-eight people in the Bel Air neighborhood.
      According to reports from almost every individual and organization the observation
      mission interviewed, the deaths came at the hands of U.S. Marines.

27.   Amnesty International, “Haiti: All Armed groups must be disarmed,” (May 7,
      2004). http://web.amnesty.org/library/Index/ENGAMR360412004?open&of=ENG-
      HTI

      The proliferation of arms across Haiti is widespread. Despite the presence of the US lead
      Multinational Interim Force, brought into Haiti to help address the upsurge in violence
      since February 2004, virtually none of the numerous irregular armed groups have handed
      in their weapons. These armed groups include gangs which support former President
      Arisitide (also known as „chimres‟), armed gangs affiliated with other political
      organizations, former rebels, members of the disbanded Haitian Armed Forces, other


                                                                                               17
      groups which control territory and non-political armed gangs.

      There is a climate of insecurity and fear among the civilian population from the many
      armed groups currently at large. Several known human rights abusers are now part of
      these groups and AI has received reports of new human rights violations committed by
      these groups including killings and ill-treatment. Neither the MIF nor the interim
      government has yet established control over substantial parts of the country.

28.   Amnesty International, “Crisis in Haiti: Amnesty International‟s concerns,”
      (Accessed May 2004). http://web.amnesty.org/pages/hti-index-eng

      Civilians at Risk

      Amnesty International is extremely concerned by the ongoing human rights abuses
      between rebel forces, armed pro-Aristide militias and Haitian National Police since the
      beginning of the armed insurrection on 5 February. Fears remain that revenge killings,
      looting and other attacks may wreak further havoc in the country.

      Impunity

      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 and other acts of violence. Furthermore, former military and paramilitary leaders
      responsible for serious human rights violations have taken up leadership positions within
      Haiti's armed opposition and may play a significant role in defining Haiti's future. If Haiti
      is to overcome the cycle of violence that has plagued the country during the past decade,
      it must move quickly to ensure impunity does not take hold in the post-Aristide era.

29.   “Delegation of Lawyers to Report on Meeting with Aristide: Lawyers Investigate
      Violations of International Law Surrounding de facto Haitian Government
      Following February Coup,” (April 15, 2004).
      http://www.freepress.org/dispatches/2004/display/154

      On Tuesday, April 13, 2004, a delegation of lawyers representing the National Lawyers
      Guild, American Association of Jurists, International Association of Democratic
      Lawyers, National Conference of Black Lawyers, and Bureau des Avocats Intemationaux
      met with President Jean-Bertrand Aristide of Haiti and his wife, Mine. Mildred Anstide
      in Jamaica, where they were granted temporary asylum. Jamaica and the Caribbean
      Community (CARICOM) member countries have resisted intense U.S. pressure by
      calling for an investigation by the United Nations into the circumstances that led to
      President Aristides departure from Haiti. The delegation is also investigating apparent
      violations of international law and the Haitian constitution surrounding the installation of
      the cia facto Haitian government following the coup of 28-29 February.

30.   Reuters, “U.S. Sees 1-year stay for international Haiti force,” (April 14, 2004).




                                                                                                18
      Since the rewit broke out in early February, the Haitian National Police has dwindled
      from about 5,000 to around 2,000 and lacks proper leadership, according to the
      Organization of American States (OAS).

      Noriega said the multinational force will oversee a process of “shadowing” and
      “mentoring” the new police force as it is being created.

      The Haitian government said it has a plan to incorporate armed rebels into the police
      force, raising concerns that human rights violators could end up in uniform.

      Noriega said members of Haitian security forces should be subject to a “very close
      vetting” for past criminality.

      “Participating in a rebel group, for example, would not necessarily disqualify a person
      but it wouldnt automatically move him into the security force. Thats not an acceptable
      formula.”

31.   Thalif Deen, “U.S., France Blocking Haiti Probe,” (April 13, 2004).
      http://www.globalpolicy.org/security/issues/haiti/2004/0413block.htm

      The United States and France have intimidated Caribbean countries into delaying an
      official request for a probe into the murky circumstances under which Haitian President
      Jean-Bertrand Aristide was ousted from power in February, according to diplomatic
      sources here.

      The two veto-wielding permanent members of the 15-nation Security Council have
      signalled to Caribbean nations that they do not want a U.N. probe of Aristides ouster.
      Any attempts to bring the issue or even introduce a resolution before the Security Council
      will either be blocked or vetoed by both countries, council sources told IPS.

32.   AHP News, “Fanmi Lavalas affirms that elections are not possible as long as its
      supporters are being murdered and persecuted throughout the country,” (April, 13,
      2004).

      The members of the Communications Commission of Fanmi Lavalas denounced the
      manner in which the leaders and supporters of the ex-opposition are today acting with
      regard to democracy. They particularly denounced a campaign to eliminate supporters of
      the party launched throughout the country where more than 100 people have already
      perished, they said.

33.   David Adams, St. Petersburg Times, “Anatomy of a ragtag rebellion,” (April 12,
      2004 ).
      http://www.sptimes.com/2004/04/12/Worldandnation/Anatomy_of_a_ragtag_r.shtml




                                                                                              19
      I was kind of amazed that it happened like it did, because I didnt think they had
      chance,” said Ometrias Deon Long the Winter Park lawyer who serves as chairman of the
      St. Johns River Water Management District covering northern and east central Florida.

      Long accidentally ran into some of the rebels political allies on a trade mission last
      October to the Dominican Republic led by Goy. Jeb Bush. One of the businessmen who
      joined the mission was Andre Fils-Aime, a passionately anti-Aristide Haitian activist who
      represented Paige Electric, a Ponte Vedra Beach firm specializing in electrical cables.

      The rebels were eager for contacts who could introduce them around Washington. But
      they werent having much luck. Fils-Aime latched onto Long.

34.   Various Articles from AHP News, “Philippe Raises New Disarmament Conditions;
      Fanmi Lavals Seeks Security Guarantees re: CEP; Platform Seeks Ouster of
      Senators; Questions re: Alleged Massacre at la Scierie; COPAH Rejects Accord
      between Platform of Former Opposition and Latortue Government; French Defense
      Minister to visit Haiti; President of Haitian Chamber of Commerce and Industry
      Favors Elections in 2005; Two Presumed Bandits Killed; Rara Band Festivities
      Transformed into Pro-Aristide Demonstrations, (2004).

      Guy Philippe had hoped to play an active rote in the current interim government in the
      area of security. He expressed his wish that his men be reintegrated into civilian life.

      The Leader of the Army of the North denied that he has been under pressure to lay down
      his weapons.

      ***
      A spokesperson for the Fanmi Lavalas Political Organization, Gilvert Angervil,
      denounced Monday a campaign of systematic repression that he said has been launched
      against supporters of the party.

      “One can not ask us to designate our representative to the CEP while our supporters are
      being persecuted by the new government,” said Gilvert Angervil.

      ***

      A member of the Group of 184, Andre Lafontant Joseph, said Monday that the refusal of
      the Senators who continue to carry on working to resign from their elected offices risks
      harming the process of transition that is being put in place following the sudden departure
      of President Anstide on February 29.

      ***

      The NCHR director said he had conducted an investigation into the incident and
      maintains that 50 people were killed by supporters of Lavalas.




                                                                                                 20
However he was not in a position to say how many bodies have been discovered.

He explained that dogs would have had time to devour a significant number of the bodies.

These statements are distinctly different from information gathered by the Reuters news
agency stating that no evidence of a massacre has been documented.

Some five bodies have been found by human rights organizations and by journalists from
the foreign press who also questioned residents of that region.

***

COPAH Executive Secretary Pasteur Ernst Pierre Vincent declared that he deplores that
many sectors were brushed aside in the context of discussions that led to the signing of
the accord on April 6.

He warned that any political agreement that does not enjoy the support of all sectors will
not in any way be able to guarantee national reconciliation, which, he said, has been
advocated by the Latortue government.

***

Several human rights organizations including Human Right Watch had found it
disturbing that the multinational force would agree to cohabit with groups that possess
illegal weapons and had been labeled as thugs by U.S. Secretary of State Colin Powell.

***

The President of the Haitian Chamber of Commerce and Industry (CCIH), Maurice
Lafortune, spoke in favor of elections in Haiti in 2005.

***

Police intervened in the area following repeated appeals by members of the population
who reported cases of kidnapping, rape and theft.

Several weapons were seized during the police operation including Ml rifles and M22s,
according to an official of the Haitian National Police..

Many convicted criminals escaped from prison or were freed thanks to the events of
February 29, following the sudden departure of President Aristide.

***

Several thousand members of the population took part in popular “rara”
festivities in Port-au-Prince from Friday through Sunday.



                                                                                          21
      The participants converted each one of these outings into pro-Aristide demonstrations
      calling for Mr. Aristide‟s return in the wake of his sudden departure on February 29.

35.   Simon Gardner and Joseph Guyler Delva, “Interview- Jailed Aristide aide Haiti
      massacre,” (April 8, 2004).

      Members of exiled Aristides Lavalas Family party say they are the target of a witch-
      hunt by rebels and the interim U.S.-backed governmment of Prime Minister Gerard
      Latortue.

      The authorities have arrested more than a dozen of Aristides associates on vague
      charges of “ill doing” and issued a blacklist banning dozens more from leaving the
      country pending investigations of suspected graft.

      However it has made no effort to arrest armed rebels accused of rights abuses who
      continue to roam free, and many of whom are expected to be incorporated into the police.

36.   Bureau of International Information Programs, U.S. Department of State,
      http//usinfo.state.gov, “Powell Says U.S. Committed to Haiti‟s Long-Term
      Development Stresses importance of responsible government and disarmament,”
      (April, 8, 2004).

      In the radio interview conducted during his April 5 visit to Haiti, Powell noted that the
      United States recently had committed $55 million in economic and other assistance to
      Haiti. He said the United States also plans to work with international financial
      institutions, other international organizations, and the European Union to provide
      additional assistance to Haiti.

      Powell acknowledged that it will take “a long time” to foster Haitian development, to
      create jobs and to build the economy, but indicated that “the United States is committed
      for that long a time.”

      U.S. and international support notwithstanding, he said, Haitis future development is
      largely dependent on the establishment of a transparent government and an economic
      environment conducive to trade and investment.

37.   Various reports from AHP News, “Amnesty International Denounces Rights
      Abuses; CARLI Accuses Latortue Government of Double Standard; ALLAH
      Rejects Agreement on Transition Process Signed Between Latortue Government,
      Democratic Convergence and Group on 184; Operation December 15, 2002
      Criticizes Agreement on Transition Process Signed Between Latortue Government,
      Democratic Convergence and Group of 184; U.S. Ambassador to Haiti States April
      6 Agreement will Facilitate Holding of Good Elections; Soldiers of Multinational
      Force Free Police Officer Arrested by Rebels,” (April 7, 2004).




                                                                                                  22
The members of the Amnesty International delegation indicated that they had conducted
more than 50 interviews in the Port-au-Prince metropolitan area through which a
profound sense of insecurity and fear was expressed despite the presence of the
multinational force.

***

The Committee of Lawyers for the respect of Individual Liberties (CARLI) published a
report this Wednesday on its ~~Hot Line~ program for the month of March 2004.

In the report, the Haitian human rights organization describes several cases of human
rights violations and telephone appeaLs received from several victims.

CARLI Secretary General Renan H~douviLle said that during the month of March
several cases of summary execution were documented, notabLy that of five young men
murdered by poLice officers stationed at the Cafeteria precinct station.

The victims were members of the Fanmi Lavalas political organization.

***

The Party for the Liberation and the Advancement of Haiti (ALLAH)rejected the
document on the transition process Wednesday that was agreed between the Latortue
government and the Democratic Convergence along with the Group of 184.

ALLAH leader Reynold Georges said that this agreement is not binding on political
parties that are not part of the 184 coalition and the Convergence.

Mr. Georges considers that this strategy of exclusion proves that the current government
is preparing to organize official elections without the participation of the population.

***

The leader of the December 15 Operation deplored that “the consensual agreement” was
signed only by the government, a few political parties, and a fraction of the countrys
civil society organizations.
“This document is far from being a political agreement, or even a consensual agreement,”
asserted Mr. Durandis, adding that it was conceived in the spirit of keeping at a distance
some of the political groupings that belonged to the “Democratic Platform,” which in his
view was a true example of unity.

***

U.S. Ambassador to Haiti James Foley stated Tuesday that the accord on the transition
process reached between the Latortue government and elements of the ex-opposition
coalition will facilitate the holding of good elections in the country.



                                                                                        23
      Mr. Foley asked the other parties including the Fanmi Lavalas Political organization to
      sign the document because the next elections will be open to all parties.

      ***

      The soldiers of the multinational force deployed in Gonaives intervened Tuesday in the
      populist community of Raboteau to free a police officer arrested by the former rebels of
      Gonaives.

38.   Various Articles from AHP News, “Agreement on Transition Process Signed;
      Latortue Promises Language of Agreement Will be Respected; Convergence and
      Group of 184 Satisfied with “Consensus for Political Transition‟; Arrest of Interior
      Minister of Aristide Government; Georges: Arrest of Privert Illegal and
      Unconstitutional; Honorat Denounces Campaign of Denigration of PPN and Acts of
      Repression,” (April 6, 2004).

      The Alexandre/Latortue government and several political sectors of the government
      connected to the ex-Platform of the opposition and to a portion of the so-called non-
      aligned parties signed a political agreement this Tuesday at the national palace relating to
      the process of transition.

      In this document entitled “consensus on political transition,” the interim government
      declared its commitment to fighting insecurity by disarming the illegal armed groups and
      to improving the system of organization of the Haitian National Police.

      The authorities also committed themselves to begin discussions with the united States on
      the status of the multinational force in Haiti and the peacekeeping mission that is to
      succeed this force.

      The government affirmed its determination to combat impunity by opening serious
      investigations into cases of killings, theft and rape committed against the population.

      The authorities also promised to work to integrate the rebels into national life and to
      create conditions favorable to reflecting in a substantive way on the holding of a national
      conference and on a new social contract.

      The contents of this document, supported and signed by sectors of what was formerly the
      opposition to President Aristide, provides for the establishment of a foreign service
      described as oriented toward economic and social progress for the Haitian people.

      The document states that an adequate economic and social policy should be adopted by
      the new government in order to relieve the misery of the Haitian people.

      This document also provides for in-depth reforms of the civil service in order to provide a
      foundation for the government that will emerge from the elections scheduled for 2005.



                                                                                                24
The government says it has also taken on the mission of accompanying young people and
the victims of the (alleged financial mismanagement) of the cooperatives in their quest
for justice and reparations.

The document includes a number of other points such as the formation of the next
Provisional Electoral council, consistent with OAS Resolution 822.

According to the document, elections will be held for every elected office, from the
CASECs to the presidency.

As stated in the document, the powers of the “council of the wise” will be to observe the
action of the government and to ask members of the government to provide information.
It is to be consulted on all important questions, particularly the draft budget, agreements
and decrees.

Several political parties including Fanmi Lavalas were not asked to participate in the
consultations that led to

***

Interim Prime Minister Gerard Latortue declared Tuesday that the document relating to
the transition process signed by his government and by various political sectors, traces
the path to be followed to save the country.

***

The Democratic Convergence and the Group of 184 hailed the signing of the document
called “consensus for political transition”. The leader of the KID party, Evans Paul,
speaking on behalf of the Democratic Convergence, said that the transition should
succeed because it will be for the benefit on Haitian society in general.
Mr. Paul advocated for the establishment of new democratic structures with the
participation of all these entities.

He said he regrets that the Fanmi Lavalas political organization was not represented in
this large meeting in the context of the signing of this important document.

***

Privert, was arrested during the night on Monday in Port-au-Prince. He is presently
incarcerated at the National Penitentiary. Latortue government Minister of Justice
Bernard Gousse, said that Mr. Privert is accused of involvement in the lethal incidents
that took place in Syrie after the Saint-Marc police headquarters was captured by rebels.
An arrest warrant was issued against Jocelerme Privert, he said, by the investigating
judge of Saint~Marc. The minister promised that his government will bring about respect
for the law. He said that every person who is in contravention of the law will be



                                                                                           25
      prosecuted regardless of political affiliation, and denied that supporters of Fanmi Lavalas
      are the object of political persecution.

      Accused of practicing a selective policy, Bernard Gousse retorted that if that were the
      case you would see mass arrests and mass dismissals. “Such is not the case,” he said.

      However Bernard Gousse did not wish to comment on the cases of two convicted
      individuals who are presently walking the streets, Louis Jodel Chamblain et Jean
      Tatoune.

      ***

      Lawyer Reynold Georges has labeled the arrest of the former minister of the interior,
      Jocelerme Privert, “illegal and unconstitutional”.

      Reynold Georges said that Mr. Privert was arrested at his home Tuesday at 2 oclock in
      the morning. This is contrary to the law, he said, which requires that all arrests be carried
      out between 6 AM and 6 PM.

      He considers that this arrest is part of a witch-hunt.

      „Certain judicial actions by the Latortue government are dictated by individuals who are
      pulling strings,” said Reynold Georges.

      ***

      The PPN Party (National Populist Party), denounced Tuesday a campaign it claimed was
      designed to tarnish its image.

      A PPN official, Georges Honorat, said that this campaign is fueled through the spreading
      of rumors against the party.

      Mr. Honorat also denounced the acts of repression perpetrated, he said, against elements
      of the most disadvantaged sectors.


39.   Paisley Dodds, The Associated Press, Washingtonpost.com, “Haiti Urged to Stop
      Rights Abuses,” (April 7, 2004).

      Amnesty found evidence of intimidation and rights abuses across the political spectrum,
      despite the presence of a multinational peacekeeping force. But the group was pointedly
      critical of the interim government, led by Prime Minister Gerard Latortue.

40.   Tom Driver, “On the way home from Haiti,” (April 5, 2004).
      http://www.zmag.org/content/showarticle.cfm?SectionID=55&ItemID=5274




                                                                                                 26
      Haiti has suffered a terrible humiliation at the hands of the U.S. Although her poverty is
      bad enough, it does not wound the psyche as do recent events that amount to a kind of
      political/military rape of the country. The clock of Haitians self-government has been
      set back at least 50 years. On the surface, life can appear rather normal, but awful fears
      and hatreds lie just underneath, ready to ensnare or explode. For example:

      One day when we returned in our van to the house where we lodged, a visitor cautioned
      that someone was watching the house and street -- something we had not noticed and
      werent sure whether to believe. Our visitor had brought with him, for an interview with
      us, two men who were prominent in Pres. Aristides Lavalas political party. Since
      Aristides ouster over a month ago, one of the men has not dared sleep in the same house
      two nights running. He quit our meeting early so as to stay on the move. Later that day
      we found out that his name was read out on the radio, which is like being marked for
      death. Every afternoon around 4 p.m. names are broadcast. Perhaps they are on a list of
      those whom the new government wants to arrest, or perhaps listeners call in with the
      name of so-and-so. All are linked with Aristide in some way. Some of those named soon
      disappear. Today most of Haitis radio stations have fallen silent, while the remaining
      ones are owned by members of “the opposition,” which of course is no longer in
      opposition to the government, because during the night of February 28-29 the United
      States brought about a regime change in Haiti.

41.   Amnesty International, “Haiti: Re-trial of Louis Jodel Chamblain – test for judicial
      system in Haiti,” (April 2004).
      http://web.amnesty.org/library/Index/ENGAMR360352004?open&of=ENG-HTI

      Since the departure of President Aristide at the end of February, Haiti has continues to be
      gripped by serious civil conflict, with a lack of rule of law and little respect for human
      rights.

      The interim government has moved swiftly to arrest high-ranking members of former
      President Aristide's government and Lavalas Family party suspected of acts of political
      violence or corruption. However, it has, up until now, failed to act against a number of
      known perpetrators of grave human rights violations, some of whom have been the
      leaders of the uprising that led to the departure of President Aristide.

42.   Amnesty International, “Armed groups still active: Findings of Amnesty
      International Delegation, (April 8, 2004).
      http://web.amnesty.org/library/Index/ENGAMR360302004?open&of=ENG-HTI

      Amnesty International has also received recent reports of killings and kidnappings of
      persons belonging to pro-Aristide grassroots organizations in poor neighbourhoods of
      Port-au-Prince. Among those allegedly responsible were several escaped prisoners who
      had been jailed for rapes and other common crimes. These men have reportedly been
      working together with the Haitian police and MIF forces to identify people associated
      with the Lavalas regime.



                                                                                                 27
43.   National Lawyers Guild Delegation: Summary Report Phase I, (March 29-April 5,
      2004).
      http://www.nlg.org/programs/international/Haiti_delegation_report_phaseII.pdf

      In general, the delegation found the human rights situation grave. The conditions are
      especially precarious and evidence little hope for improvement due to the almost total
      lack of knowledge about, and media attention to, the human rights abuses taking place.
      Layered upon the gravity, there is a general sense in the people of insecurity due to,
      among other things, (i) killings, (ii) curfews, (iii) the lack of police or any form of
      working judicial system, (iv) patrols of private, heavily-armed militias, (v) the doubling
      or tripling of food and fuel prices, (vi) the fall of the Haitian currency against the U.S.
      dollar, (vii) an abnormal lack of electricity in the cities, and (vii) the unauthorized return
      of the uniformed and armed soldiers of Haitian Army that President Aristide had
      decommissioned in 1994 for its historical oppression of Haiti‟s poor. Although a 3,600
      member multinational military force (U.S., French, and Canadian marines) is present, its
      patrols were not observed outside of Port-au-Prince and, within Port-au- Prince, it is
      generally seen only in the poorest of the crowded slum neighborhoods (e.g., Cite Soleil,
      Bel Aire, La Saline). Finally, the delegation found overwhelming evidence that the
      victims of the threats and violence have been supporters of the elected government of
      President Aristide and the Fanmi Lavalas party, elected and appointed officials in that
      government or party, or employees of the government, including police. Many are in
      hiding in the mountains or in Port-au-Prince, others have been beaten and or killed. Many
      of their homes have been selectively destroyed, mostly by arson.

44.   Lawyers Guild Delegation: Summary Report Phase II, (Spring 2004).
      http://www.nlg.org/programs/international/Haiti_delegation_report1.pdf

      The emergence and continued presence of armed gangs including known human rights
      violators.

      The delegation found support for the reports of Amnesty International, Human Rights
      Watch, and the Quixote Center of the re-emergence of armed gangs comprised of
      previously-convicted human rights perpetrators. In particular, the delegation visited a
      former garrison of the Haitian Army in Cap-Hatien and observed there an armed group
      of approximately 120 men led by Michel Dieuseul, a former member of the Haitian
      military. Although Dieuseul stated that his group represented the reconstituted Haitian
      Army, that their purpose was to restore order and they had not committed any human
      rights violations, this claim was belied by several Aristide supporters who were in hiding
      in the area, who described human rights abuses and murders by these armed groups. In
      fact, the army has not been officially reconstituted, and has no recognized command
      structure. The delegation also documented a number of burned private homes and
      vehicles as well as burned police stations which witnesses said were destroyed by these
      armed individuals. Human Rights Watch observed in February that “former members of
      the Haitian Armed Forces (Forces Armées d’Haiti, FAd’H), have been mobilizing around
      the border of the Dominican Republic in central Haiti for about three years” and “resent
      President Aristide for having dismantled the army in 1995.” Some FAd‟H officers who



                                                                                                 28
were returned to Haiti by the U.S. following their convictions in the Raboteau Massacre
(1994) trial escaped from the National Penitentiary on February 29. These include three
members of the FAd‟H High Command during Haiti‟s 1991-1994 dictatorship, including
Jean-Claude Duperval, the highest ranked soldier ever deported from the US to face
human rights charges. Some FAd‟H members founded the Revolutionary Front for
Haitian Advancement and Progress (Front révolutionnaire pour l’avancement et le
progrs hatien, FRAPH) in 1993 and some FRAPH are among the leaders of the rebel
forces, according to Amnesty International. The delegation found corroboration of human
rights violations in Cap-Hatien, Gonaves, and Port-au-Prince, and connections between
these violations and the armed groups. Additionally, the delegation found support for the
Quixote Center‟s conclusion that “the interim government has not even attempted to
create the illusion that it is inclusive” and “appears to be implicitly supporting violent
criminals-at-large, and resurgent military and paramilitary groups.” In other words, the
interim government is “condoning a large violent faction that is committing human rights
violations.” These conclusions cause the NLG delegation deep concern.

ii.

Continued repression, violence, and human rights violations towards Supporters of the
Elected Government In general, the delegation found continued repression, violence, and
human rights violations towards supporters of the elected government. All persons the
delegation interviewed who were in hiding identified themselves as supporters of Aristide
or the constitutional government. These persons were in hiding because they feared for
their lives or safety. These included a former national government official, a director of a
community radio station, community and neighborhood leaders, a school teacher and
administrator, and a graduate student. These persons testified that they knew of persons
who were killed by the anti-Aristide armed gangs and also knew persons who had
disappeared and/or gone into hiding. These findings support the conclusions of HRW, AI,
and the Quixote Center that violence is directed largely at supporters of Aristide.

b. Rule of Law

i. Lack of adequate and properly trained police. Corroborating other reports, the
delegation learned from witnesses that police had been killed in several places, including
Milot and Cap-Hatien. Some locales had no police presence. Throughout the north from
Gonaves to Cap-Hatien, police stations were either burned or abandoned and stripped
clean. Furthermore, police officials in Port-au- Prince admitted that the police forces
there were diminished and that several hundred policemen had been fired for unspecified
reasons after the coup. There is a new police commissioner in Port-au-Prince who states
that he is “working for the population” and to “do things like we are supposed to be
doing,” but there are “a lot of bad police guys” still on the force. These facts and the
continued presence of armed gangs in the three cities visited by the delegation supports
the view that the present police forces are inadequate. The delegation saw French armed
forces meeting on the field at the Cap-Hatien airport with a group of about 30-50 men
whom we were told were new Haitian police recruits. It is not clear who trained these
policemen. As a matter of general policy, the NLG delegates believe that military training


                                                                                         29
is and should be distinct from police training. The overlap of military “rules of
engagement” with police arrest procedures may create a legal vacuum into which
innocent persons may fall, as may have been evidenced by the testimony of five prisoners
interviewed by the delegation. These prisoners, who were kept in the Port-au-Prince jail
(not the National Penitentiary), had been picked up by U.S. Marines, accused of planning
to shoot American soldiers, and taken for detention to the jail. The prison official did not
know or question why the men were to be detained. There was no arrest warrant and the
Marines were expected to return to interrogate the men, who claimed they were merely
out drinking. (The delegation also interviewed a police official arrested with this group.
This official carried an expired police identification card (a continuing problem in the
system) and the Marines believed he was lying and beat him. Upon arrival at the jail, the
man was recognized and released. He got six stitches to his head.)

ii. Lack of adequate judicial process.

The incident with the five jail detainees illustrates one present problem with judicial
process. The Haitian Constitution, Article 26, requires that all detainees be granted a
court hearing within 48 hours of arrest. A police official claimed that “No charges are
brought because no charges need to be brought” against arrestees. This violates Articles
24-3 and 26, both of which require legally cognizable bases for arrests and detentions.
However, where members of the armed forces of the Multinational Interim Force (MIF)
“arrest” individuals and deposit them with police, the question of proper legal process
arises. While the delegation was told that U.S. Marines do not arrest people, the evidence
was clear that de facto arrests by Marines were occurring and that these were without a
warrant or showing of probable cause. While the delegation did raise this issue with the
U.S. Embassy, we were not able to follow up or confirm that any of the detainees we
interviewed were in fact granted hearings or that any measures were taken to stop
unlawful arrests by Marines. The delegation did not further investigate the status of the
judicial system.

c. Security

i. Persons in hiding.

It was clear to all members of the delegation in every area of Haiti they visited that
security for government supporters and members of popular organizations working for
peasants‟ rights, democracy, and/or Aristide was severely lacking and that these persons
continued to be in grave danger. In at one case, an entire family numbering three dozen
people and including women (one of whom was pregnant and had been injured by an
armed gang member), and young children, were in hiding. All of these persons expressed
that they had been targeted by threats due to their engagement in lawful political activity.

In addition to the dangers these persons faced, the NLG is concerned about their inability
to exercise their rights to free speech and political organizing.




                                                                                          30
45.   Pax Christi, “Pax Christi USA Denounces U.S. Supported Coup in Haiti,” (Spring
      2004). http://www.paxchristiusa.org/news_statements_more.asp?id=889

      Pax Christi USA calls upon the Bush Administration to reverse its stance on Haitian
      refugees. Forced repatriation of those who are fleeing from political persecution is
      inhumane, illegal under the UN Conference of 1951, and morally unacceptable. We join
      with Bishop Thomas G. Wenski of Orlando, FL, Chair of the Migration Committee of the
      United States Conference of Catholic Bishops who has called on the Bush
      Administration to “not place ships close to the shores of Haiti for the purpose of
      discouraging Haitians fleeing from violence and persecution. Neither should our country
      interdict refugees on the high seas and immediately return them to Haiti.” For the
      duration of the crisis, Pax Christi USA calls upon the Bush Administration to grant
      temporary asylum in the U.S. to Haitian refugees, to offer due process for those seeking
      permanent asylum, and as called for by Bishop Wenski, “identify appropriate locations
      for the processing of Haitian refugees that allows them access to asylum adjudicators,
      counsel, health care services, including mental health care, and other support services.”
      As Bishop Wenski clearly stated to the Administration on February 24th, “we oppose the
      use of Guantanamo Bay Naval Base for such processing. The prison-like atmosphere at
      Guantanamo Bay would only exacerbate any trauma these refugees have experienced and
      limit their access to much needed services, particularly vulnerable groups such as
      unaccompanied minors.” Rather, asylum seekers should be brought to an appropriate site
      on the U.S. mainland where they will be provided adequate and humane conditions
      including housing, sanitation, social and spiritual support services, legal representation
      and due process.

46.   Quixote Center/Haiti Reborn, “Emergency Haiti Observation Mission,” (March 23-
      April 2, 2004). http://www.quixote.org/hr/misc/ob-miss-mar04.pdf

      A. Human Rights Abuses and a Campaign of Terror

      The insecurity in Haiti has several components, including: the resurgence of military and
      paramilitary forces, freed criminals and human rights violators walking the streets and
      controlling large areas outside the capital, the integration of resurgent paramilitary and
      military into the Haitian National Police, weapons proliferation, and armed gangs. Of
      most grave concern is a systematic campaign of terror which targets mainly the poor who
      have supported President Jean-Bertrand Aristide, the Fanmi Lavalas party, and
      participatory democracy. The Haitian press presently plays a key role in the persecution.
      The interim government is not only allowing this campaign to proceed, it is actively
      participating. According to nearly all the testimony, eye witness accounts, and reports by
      family members of victims, U.S. Marines have also taken part in the terrorist campaign.
      Many testify that those being targeted throughout Haiti are supporters of Lavalas. Jacob
      Jean Francois, a teacher and union member from Cap-Haitien, shared this story:

      “I am a teacher and I was arrested on Monday. March 15 at 10:45 am. My friends from
      the CTH (Confederation of Haitian Workers) came to get me on March 16. [Those who
      arrested mel accused me of giving guns to 30 people, buming tires and houses. I am a



                                                                                              31
teacher and I am certified in Law. The accusations were false and used just to hold me.
They reproached me because there is a movement to remove all Lavalas... All these
former soldiers are pointing fingers and arresting people. Anyone with Lavalas is hiding
in the north.”

Jacques Belzin, a lawyer and the coordinator of the Haitian Commission for the Respect
of Human Rights (CHREDHU) explained, “They are against us because we asked for
reconciliation among political actors.”

Members of Haitis largest human rights organization, the Fondasyon Trant Septamn
(FTS) are in hiding throughout the country. ETS held a weekly vigil in the Plaza of
Martyrs, across the street from Haitis National Palace, each Wednesday for more than
ten years. They work for justice and an end to impunity, and members are predominantly
urban slum dwellers who were victimized during the 1991 coup detat. additionally, FTS
coordinated a campaign to prevent the Haitian Army from being re-established. A photo
exhibition of the victims and criminals of the coup period traveled to each of Haitis nine
geographical departments and members of FTS gathered 150,000 names on a petition
calling for a Constitutional amendment to outlaw the Haitian Army. Their leader
Lovinsky Pierre-Antoine, a psychologist with a long history of working with torture
victims, went into exile on March 2.

Representatives of FTS in Port-au-Prince came out of hiding to meet with our delegation,
and they must remain anonymous for their safety. They testified about why they have
gone into hiding:

“Human rights have been violated and we need justice. We are asking you to help us with
the violations and find justice. Many people are dying, particularly in popular
neighborhoods where they are dying by the dozens.”

“In Kafou, about thirty militants disappeared. In Cap-Haitien, they dropped Lavalas
members into a hole and killed them. In Port-au-Prince, young militants were killed and
buried in the city because they were part of Lavalas... We are in hiding. There are graver
cases than what you see here today, but they couldnt come and are in hiding.” (journalist
and FTS member)

“We have been victimized many times because we are ones who fight and speak out. All
of us women here had a petition sent around the country to remove the military. Now we
have to hide. It took a lot for us to come here today. Everyone knows us and is looking
for us. We are part of Bushs deck of cards... They are looking for all members of the
FTS. We have to move around constantly.”

“People are dying. Everyday in Kafou, they are finding bodies everywhere.”

“If anyone today says they are Lavalas, they are persecuted.”

“Those who raped us before are now forcing us into hiding again.”


                                                                                        32
 “We are here today; tonight you never know. Two, three, or four of us could be
kidnapped. They put a bag over your head and youre gone. 2004 is worse than 1991
because there are a lot of different factions killing people. In the Central Plateau, when
they arrest Lavalas supporters, they dig a hole, put dry leaves in the hole, and then burn
him alive. Former military take away the bodies after they kill people, or from the
hospital, and you will never see it. I was hit in the head with a revolver. They beat me so
much that today I cant hear well. I never know when theyll pick me up. Once they do,
Im dead. They know us [ETS members] very well, theyre looking hard for us, and we
are all in hiding.”

 Radio stations read the names of people who have been blacklisted each day at 4pm. One
of the FTS representatives gave the observation mission a copy of the list, with stars next
to the names of those who have disappeared already. Names are read randomly
throughout the day, as well. Former Minister of Security during Aristides first term,
Patrick Elie, explained, “There is not a single prisoner left in Haiti, except those Lavalas
members who have recently been arrested. Haiti is in total chaos, and a very scary one.
Names are being listed on the radio, and the political climate is one of a terror campaign
against Fanmi Lavalas.” Father Edner DeValcin of Fanmi Lavalas also talked about the
use of radio, “There should be no arrests without a warrant, but when the radio says your
name, you are arrested.”

 Our observation mission met with a student leader who went into hiding after his name
was read on the radio. Fratz Elie Legros, a student in Kafou, was included in a weekly list
of alleged human rights abusers compiled by the CARLI hotline. Pamela Callen, deputy
director, explained that the CARLI hotline is supported by her agency, the U.S. Agency
for International Development. Unknown accusers called the hotline and claimed Legros
was handing out weapons in Kafou. It was this charge that put him into hiding initially.
According to the Agence Haitienne de Presse (AHP, or Haitian Press Agency), CARLI
issues a list to the press each week of all those that anonymous callers accuse through the
hotline. This hotline has become a key element in the terror campaign.

It has been reported that Radio Caraibes repeatedly informed the public that Legros was
being held at the Faculty and asked that the police be sent there to arrest him. This incited
violence, and other students from other parts of the university campus went to join those
waiting for Legros at the Law Faculty. There have been many interventions of this kind.
Many times those intervening on the radio serve as informants.

Who are the perpetrators of this terror campaign? In the north, there is little distinction
between the former paramilitaries, former military and criminals-at-large who are acting
as police and the judiciary. Some of the most notable figures are:

 Louis Jodel Chamblain: Human Rights Watch reported that he was a sergeant in the
Haitian army (FAdH), and a member of the elite Corps des Leopards. He left the army
in 1989 or 1990 and reappeared in 1993 as one of the founders of the Revolutionary Front
for Advancement and Progress in Haiti, FRAPH). He was FRAPHs second-in-


                                                                                          33
command. Chamblain was sentenced “in absentia” to life in prison for the 1993 murder
of activist Antoine Izmery, as well as for involvement in the Raboteau Massacre, a
notorious 1994 slaughter in Gonaives. He was also linked to the 1993 assassination of
Justice Minister Guy Malary. The NY-based Center for Constitutional Rights obtained a
1993 CIA Intelligence Memorandom that stated, “FRAPH members Jodel Chamblain,
Emmanuel Constant, and Gabriel Douzable met with an unidentified military officer on
the morning of 14 October to discuss plans to kill [Justice Minister Guy] Malary.”
Chamblain escaped to the Dominican Republic In 1994, after the U.S. military
intervention in Haiti, and returned to the country in the late 2003 or early 2004.

Jean Pierre Baptiste, known as Jean Tatoune led anti-Duvalier mobilizations in 1985 that
forced Jean-Claude from power. but later became a leader of the FRAPH death-squad in
1993~l994.2 Tatoune was convicted of participating in the 1994 Raboteau Massacre. He
escaped from a Gonaives prison in July 2003. Tatoune emerged as one of the leaders of
the Cannibal Army on September 22, 2003 following the death of Amiot “Cubain”
Metayer. He has terrorized government officials and supporters in Gonaives with his
Cannibal Army gang since September 22. There are reports that residents involved in the
Raboteau trial fled Gonaives because of threats from Tatounes gang members. The
Cannibal Army violently took control of Gonaive on February 5, 2004 to start the armed
revolt against Aristide.3

Guy Philippe: Self-proclaimed head of the Haitian Army. Haitian as well as U.S.
government officials have accused him of involvement in drug trafficking and three coup
plots in 2000 and 2001. (Miami Herald, 2/28) He was one of 10 former army officers
trained by the U.S. in Ecuador and given top posts in the new Haitian National Police
Force. Known as „the Latinos, these men are recognized by western diplomatic sources
as heavily involved in the drug trade and in fomenting political upheaval (San Francisco
Chronicle, 3/4/04). According to Human Rights Watch, between 1997 and 1999, he
served as police chief in Delmas, on the north side of the Port-au-Prince metropolitan
area. During his tenure there, the UN/OAS International Civilian Mission learned that
dozens of suspected gang members were summarily executed. (C. Arthur, Haiti Support
Group)

! Carl Dorelien was convicted and received a life sentence for his role in the Raboteau
massacre. He also faces a civil lawsuit filed in Miami courts. The family members of a
victim of the Raboteau massacre are seeking compensation. US immigration authorities
arrested him in June 2001. He was sent to Haiti in January 2003 and detained at the
National Penitentiary in Port-au-Prince. He was freed from prison on February 29th
during e massive prison break.

! Jean Claude Duperval: Haitis Chief of Police in 1990 and 1991, a time when police
were known to commit extrajudicial executions. He served as deputy commander in chief
of the FADH from 1992 to 1994. He did not participate in the Raboteau massacre, but he
knew of the violations and took no steps to punish those involved. US immigration
authorities returned Duperval to Haiti in January 2004 where he was detained at the
National Penitentary. He was freed in the February 29d, jailbreak.


                                                                                      34
Since the observation mission returned from Haiti we have heard reports that section
chiefs are also returning to their former positions in some rural conununities7 Even in the
capital, it is not clear if the Haitian National Police (PNH) are truly police, or if they are
resurgent military and paramilitary who joined the force after President Aristides
departure on February 29, 2004. According to Privat Precil, former Director General of
the Ministry of Justice, “We have concerns for human rights, and we know that former
soldiers have taken police uniforms in different parts of the country.”

Precil also talked about a student leader who since the coup has visited the ministries to
root out Lavalas supporters:
“I am the General Director of the Ministry of Justice. I normally have four guys who
work with me but no security. On Wednesday morning (March 24) a student, Herve
Saintilus, came to the office. He started a student movement against Aristide. He asked
the minister to arrest my assistants. The police came, and they (my assistants) said they
worked for me. The police came into my office to ask how I know my assistants, how
long Ive know them and where they live. They fled while I was talking to the police.
They did this with all the ministers, because none of the ministers are from the Lavalas
party.”

Approximately a week after the delegation left Haiti, Precil was replaced as director
general and went into exile in the United States.

The student movement founded by Saintilus is called the FEUH, or the Federation of
Haitian University Students. This student group has a questionable history. According to
Lovinsky Pierre-Antoine, who offered this information from exile in the U.S., Saintilus
used to be a security guard for the Haitian Parliament when it was controlled by the OPL
(Organization of People in Struggle, a member of the Democratic Convergence) between
1995-1999. Lovinsky explained that the OPL gave Saintilus ajob as a security guard at
their office when their parliamentary terms expired in January 1999. He then registered as
a university student to create a student opposition movement, and traveled to the
Dominican Republic as a member of the Group of 184 to participate in training program
conducted by the International Republic Institute (IRI). The role of the IRI is discussed in
more depth below. Camille Chalmers also noted the U.S. connection to Saintilus group:
“The IRI has a relationship with the FEUH student movement, but these werent the
leaders of the movement overall.”

The current interim Haitian government has implicated itself in the terror campaign in
many ways. Rev. Edner DeValcin of Fanmi Lavalas claimed, “When the invading
terrorists were taking over cities in the countryside they killed a lot of people, civilians
and police. The government put in place by the U.S. is collaborating with these
terrorists.” There are three main issues which support DeValcins claim:

 (1)   On March 20, interim Prime Minister Gerard Latortue traveled to Gonaives.
       While there he praised the rebels there as “freedom fighters.” A brief treatment of



                                                                                               35
       the evolution of the Gonaives Liberation Front exposes these so-called “freedom
       fighters” for what they really are.

 (2)   The interim government has issued a list of the key leaders of the Fanmi Lavalas
       political organization and the former Aristide government. These names are read
       regularly on the radio, and those named are not allowed to leave the country. The
       first arrest from this list occurred on April 5 when former Minister of the Interior,
       Jocelerme Privert, was taken into custody. He is being held on charges of
       involvement in a massacre of fifty people that supposedly took place in St. Marc
       just after the coup detat. However, no independent journalists have been able to
       find evidence of more than five killed that day. The fact that the warrant for
       Privert s arrest provides no names or numbers of his alleged victims, creates
       further questions concerning the basis for his detention.

 (3)   General Herard Abraham, in his role as interim Minister of the Interior and
       Security, has already moved to include resurgent military in the Haitian National
       Police. He has also indicated his intention to re-establish the Haitian Army.

In addition, interim Prime Minister Latortue has publicly commented that it is not a
priority of his government to re-capture criminals from the 1991 coup detat; his priority
is the struggle against the Lavalas chime, a term explained in detail below.8

According to many, U.S. Marines are taking part in the campaign to find and arrest, and
in some cases execute, members of Fanmi Lavalas and their supporters. Damas Glomere
of the CHREDHU described the U.S. Marines and the French as “patrolling in the
strongholds of Fanmi Lavalas and Aristide.”

One incident that has escaped any real scrutiny by the international press is the alleged
massacre of as many as seventy-eight people in the katye popile, a heavily populated poor
neighborhood, Bel Air, in Port-au-Prince. According to reports from almost every
individual and organization the observation mission interviewed, the deaths came at the
hands of U.S. Marines. “The Marines have sophisticated weapons. They shoot in the air
to blind people,” Glomere (CHREDHU) alleged, “and then shoot people with silencers.
Seventy-eight people have died... this has taken place especially in Bel Air.”
Anne Hastings, Executive Director of FONKOZE, declared that some of the employees
of her organization told her “our troops have killed far more than the six people reported
in the press. Many, many more.” Camille Chalmers, Secretary General of the Haitian
Platform to Advocate for an Alternative Development (PAPDA), said that he had heard
“that sixty people died in one day in Bel Air,” adding that “the multinational forces
cannot provide security. They increase insecurity with their tanks and their missiles.”
Sorel Francois of Fanmi Lavalas claimed, “The Marines have a list and are looking for
militants. If you go to Kafou now you will see a lot of cadavers under the bridges. We
can interview at least fifty parents in Bel Air whose children have been taken by
Marines.”




                                                                                          36
Our observation mission questioned U.S. Embassy staff about the nighttime raids in
popular neighborhoods. According to Conrad Tribble, a political advisor at the U.S.
Embassy, disarmament isnt “explicitly in the [U.S. Marines] mission, but implicit.”
Tribble elaborated that the Americans are confiscating any weapons they see in Port-au-
Prince, but this “isnt a significant part of the action.” Working hand-in-hand with the
PNH, they are conducting an “intelligence-driven process” of home raids. The raids
arent extremely successful. Tribble compared the searches to similar maneuvers in Iraq:
“There is one successful raid for every six house searches in Iraq; it is even less
successful here.”

When asked specifically about the incident in Bel Air, Tribble replied that “it is
ridiculous to say that sixty to seventy people have been killed in Bel Air.” After sharing
the testimony we had gathered, we asked Tribble if he would consider a small-scale
investigation into what happened there. “There is nothing to investigate,” was his
response.

The campaign being carried out by U.S. Marines is not successfully disarming any
segment of the population, and hasnt even begun to touch the “rebels” and resurgent
military that are ruling large parts of the country. At the same time the Marines have
successfully created terror in the poorest communities in Port-au-Prince. Anne Hastings,
Executive Director of FONKOZE, explained that “In the popular neighborhoods (Cite
Soleil, Bel Air, etc.) the helicopters circle with no lights on. Radar detection devices are
used to locate caches of arms — they find them and attack. Disarmament means if you
have to kill someone to get the gun you do it. Many of the people with guns are young
people who deserve the option of another life.”

Weapons proliferation in Haiti has reached astonishing heights, and armed individuals
and street gangs are involved in violent activities. Many refer to these actors as chime,
but this term has many meanings and is often used to stigmatize people from
impoverished neighborhoods or slum areas. It is important to understand not only the
spectrum of ways chime is being used, but the frequency with which it is used. The word
literally refers to a fire-breathing monster. These are some of the ways it was explained to
the mission:

Father Edner DeValcin of Fanmi Lavalas offered this definition: “Members of popular
organizations are called chime. Aristide didnt create them, they have been here since
1986. They identified with Aristide as their leader. After the coup in 1991 these people
were persecuted most, like eight to ten of them in a hole, buried alive. This made them
frightened. Their defense tactics they learned from the army. In 1994, an entire
neighborhood in Cite Soleil was destroyed in an arson attack. Those people formed an
organization, and you find a lot of pockets of people like this. Without Aristide they
knew they would have to hide.”

Privat Precil, former Director General for the Ministry of Justice, described it this way:
“We dont have chime, we have popular organizations and Fanmi Lavalas. Chime is a
pejorative name given by the bourgeoisie to the poor in society. They are always hungry,


                                                                                           37
poor, unemployed and aggressive. They are not just aggressive to the bourgeois, they are
aggressive to everyone! If you meet them on the street they will ask you for money, they
will become aggressive.” Precil continued, “Misery makes them chimeric. They are not
an organization Aristide made, but they saw Aristide as the only hope they had. When
Titid spoke they understood. These are the people being killed now.”

CONAP members believe that “Aristide... demobilized the popular movement and turned
them into chime.” PAPDA and the Haitian Womens Solidarity Organization (SOFA, a
member of CONAP), along with the national peasant organization Tel Kole Ti Peyizan,
are both part of the new Popular Democratic Regroupment (RDP). A representative of
RDP claimed that “Lavalas is not a political party. They are gangs and should be put
behind bars.. .We want to organize a government where no chime exists.”

Spokespersons for the Coordination of Women Workers declared: “They call everyone
who speaks out chime.” Another member of FTS agreed with this, saying, “The people
speaking against Aristide didnt want the poor people to speak, and he was our voice.
The criticisms of Aristide come from very racist people who wont dance in the same
room as the poor. They call us Big Toes, Kinky Hair, Dirty Feet, Chime.”

Fr. Gerard Jean-Juste, pastor of a Catholic church in a suburb of Port-au-Prince,
underlined his concern that “when something happens in the street, they say its Lavalas
or opposition. But the criminals have no party, they want money and action and they just
follow after that . . . These criminal elements make it dangerous for all.”

In addition to these definitions, testimony was offered about attacks perpetrated on
peaceful demonstrations by chime. One example was shared by both Chalmers of
PAPDA and members of the CONAP. According to Chalmers, after a student from the
university was killed in her home in October 2003, the “CONAP and PAPDA did a sit-in
at the Palace of Justice to condemn insecurity and violence, to protest the absence of
security for civilians. At 1pm chime attacked and threw bottles of urine at us to destroy
the sit-in.” After that, according to CONAP, the chime were “more aggressive than usual
and continued to throw rocks at us after we ran into the ministry to get away.”

CONAP declared that they were “systematically faced with attacks by chime every time
they went to demonstrate in the street,” referring to opposition demonstrations which
called for the overthrow of President Aristide. Seeming to contradict their previous
statements, CONAP claimed that now “the chime are working hand-in-hand with the
United States.” In southern Jacrnel, Haitis fourth largest city, members of local
cooperatives stated, “The chime scared people to prevent an anti-Aristide movement from
developing.”

Its important to note that testimony regarding chime attacks is about events from before
the coup detat only. This supports evidence that violations and abuses since the coup
have disproportionately affected the poor and supporters of Lavalas. In fact, according to
Chalmers, meetings of his organization “would have been attacked by chime if Aristide



                                                                                        38
was still in power, consequently we have a greater freedom to express ourselves without
fear of attack now.”

Chalmers statement also points us toward the fact that it is Lavalas and Aristide
supporters who are the target of todays violence. Poor individuals from the slums of
Port-au-Prince, secondary cities, and rural areas are being forced into hiding. Meanwhile,
members of the opposition and non-governmental organizations who advocated
Aristides overthrow experience what they feel is a greater freedom of expression. While
members of the Fondasyon Trant Septamn (ETS, Haitis largest human rights
organization) met with our observation team while in hiding, members of the PAPDA,
CONAP (National Coordination for Advocacy on Womens Rights), Batay Ouvriye
(workers organization), NCHR and the Civil Society Initiative met with us in their
offices.

Fanmi Lavalas members met with the team at the Aristide Foundation for Democracy,
and unions who supported reconciliation and the democratic process (Coordination of
Haitian Workers, or CTH, and the Coordination of Women Workers) met with us at the
offices of the CTH, but explained that they are in hiding. Paul Loulou Chery declared that
Jacques Belzin “is a lawyer with the human rights commission but he cannot sleep in his
own house because of threats. Our friend from Cap-Haitien was arrested and beaten and
is now in Port-au-Prince, hiding in marronage.”

Members of Fanmi Lavalas also maintained that being on the streets put them in danger.
“There is more misery now, and the people have no one there to help them because
Aristide is gone and Lavalas is in hiding. We are not free to circulate in the streets.”
Father Manno Eustache of Lavalas shared that he hadnt slept in his bed in a month, even
though he lives in a rectory.

Finally, although Tribble of the U.S. Embassy assured us that “there are very active
Haitian human rights organizations that the U.S. funds to deal with abuses on both sides
of the spectrum,” the current systematic campaign against members and supporters only
of Lavalas is not being widely reported inside Haiti or out. The most heinous crimes are
going undocumented, for a many reasons. Chalmers (PAPDA) stated, “Human rights
organizations here must document what is happening. The reprisals and tortures
committed by those criminal and international forces.” According to union member
Jinette: “Every human rights organization belongs to a political party.”

Our team of observers met with Fito Esperance of the National Coalition of Haitian
Rights (NCHR), the human rights organization most widely relied upon by U.S.-based
policy makers. Although NCHR claims to be an impartial organization, the team heard
repeated testimony concerning their silence in cases where Lavalas supporters have been
the victims. NCHR, for its own part, talked about what they called “systematic human
rights violations” which occurred during Aristides administration. They do not believe
what is happening now can be considered systematic. Esperance claims that the abuses
and violations in the north are happening under the control of “employees of the former
region who are still holding power... prisons were burned, so prisoners were kept in


                                                                                        39
      containers. A lot of former soldiers and criminals are in the north. There are isolated
      cases, but not systematic.”

      When the team asked if the NCHR planned to investigate the alleged killings in Bel Air
      by U.S. Marines, Esperance responded, “You must understand that just before Aristide
      left, he and his government armed a lot of people in the population. Almost the entire
      country was armed.” He did admit that, “there is a rumor of an attack against the
      occupation forces in Bel Air. They said a lot of people [Haitians] died.” But he came
      back to blaming the Haitian victims, and continued, “Bel Air totally supports Aristide and
      there are a lot of weapons there.”

      Esperance explained, “You have to understand that the multinational forces are trigger-
      happy. A lot of people have suffered and we are clear that must end.” The first step to
      ending the terror campaign is investigating the events. However, the NCHR will not
      investigate in Bel Air:

      “Even though we are a human rights organization, that area is not accessible to us, so we
      just hear the reports... Haiti has areas that are inaccessible to certain human rights
      organizations. People the former government exploited [the people in Bel Air], in their
      misery, so they could believe those human rights organizations are opponents. They
      believe we are their adversaries. It is a long process to explain that we are neutral.”

      When the team members asked Esperance if there were other places that are inaccessible
      to the NCHR, he listed some of the most impoverished and highly targeted
      neighborhoods in Port-au-Prince: Maritssant, Bois Neuf and Cite Soleil.

      People from FTS whom the campaign of terror targets and those whose names are read
      daily on the radio feel that they cannot turn to any human rights organization. “These
      systematic human rights violations have been happening since February 29 and human
      rights organizations havent said anything. We know these human rights organizations
      funding comes through USAID and the IRI (International Republican Institute).” Another
      added, “I have no human rights organization to turn to because they are bought off by the
      bourgeoisie.”

      The NCHR may proclaim it is impartial, but the people most in need of a human rights
      advocate do not believe it. We found that NCHR has a clear bias. We interviewed
      Esperance in the NCHR conference room, where a “WANTED” poster hangs behind the
      conference table. The first name on the poster is Jean-Bertrand Aristide and is followed
      by other high-ranking members of the Fanmi Lavalas party. No supporters of Aristide or
      Fanmi Lavalas would feel safe or protected in the offices of the NCHR.

47.   Charles Arthur, Haiti Support Group, “Haiti new round-up,” (March 25, 2004).

      The Haiti Press Network reported that the bodies of six young men were found in the
      streets of the Cite Militaire district of Delmas, Port-au-Prince, on the morning of 21
      March. According to eyewitnesses, the victims had been shot dead by police officers. An



                                                                                                40
      Associated Press photographer found three of the dead in a private morgue in La Saline,
      and took pictures, showing they had bags over their heads and hands tied behind their
      backs.

      On 13 March, two men were shot dead by members of Guy Philippes entourage in the
      village of Vialet. Guy Philippe, the military leader of the armed insurgents, was
      reportedly touring towns in the west and south, and had just left the town of Petit-Goave.
      He and his men mistook the two men in Vialet for Lavalas Family supporters. Later that
      day, in Petit-Goave, hostilities broke out between factions within the MDN party (neo-
      Duvalierist party in the Democratic Convergence coalition). There was a machine gun
      attack on the residence of local 14DM leader, Montigne Sincre. The attack was believed
      to be the result of rivalries, both for control over the town and for affiliation with
      Philippes nascent administration. Sincere had organised Philippes visit to Petit-Goave.

48.   Human Rights Watch, “Haiti Security Vacuum in the North: Numerous Journalists
      and Government Officials in Hiding,” (March 22, 2004).
      http://hrw.org/english/docs/2004/03/22/haiti8149.htm

      French military forces must work with the Haitian National Police to quickly retake
      control of the Haiti‟s northern region, Human Rights Watch said today. A large number
      of journalists and government officials from the region have gone into hiding out of fear
      for their safety.
      Two Human Rights Watch representatives just returned from an assessment mission to
      the north of Haiti, during which they interviewed several journalists and government
      officials who described their lack of security. One former official, parliamentary deputy
      Gabriel Ducatel of Port-Margot, was being illegally detained in Cap Hatien by the so-
      called Armed Forces of the North (Forces armées du Nord).

49.   Various Articles from AHP, “Fanmi Lavalas Denounces Campaign of Systematic
      Repression Against Supporters; FL Professor Denounces Continuation of Abuses
      Against Party Supporters; Thirteen Firearms Handed Over to New Police
      Authorities; Soldiers from Multinational Force Seriously Injure Two Close to
      Opposition Platform,” (March 22, 2004).

      The Fanmi Lavalas Political Organization spoke out Monday against what it termed a
      campaign of systematic repression orchestrated against Its supporters In several regions
      of the country, particularly in the vicinity of Cap-Haftien, in the Artibonite region, In
      Trou du Nord and In the Central Plateau.

      ***

      Lorpat Claude, a young professor who belongs to Fanmi Lavalas, criticized Monday the
      physical abuses he suffered at the hands of members of the Army of the North, who
      abducted him, he said, during the night of March 12.

      ***


                                                                                              41
      A leader of the armed front of the opposition in Gonaives, Butteur Metayer, handed over
      13 firearms Saturday to the new police authorities under a disarmament program
      launched in the country since the departure of Jean-Bertrand Aristide.

      ***

      For the past several weeks, the residents of Port-au-Prince hurry home as soon as night
      falls due to the Increase In Insecurity. Some people have complained that often they do
      not understand the Instructions given by the foreign soldiers due to language problems.
      At the beginning of this month, a taxi driver was killed In the Port-au-Prince industrial
      zone because he had passed through a roadblock after foreign soldiers had ordered him to
      stop. Unfortunately he did not speak any English.

50.   Ibon Villelabeitia, “Haiti leader visits slum city‟s „freedom fighters‟,” (March 20,
      2004).

      Haitis new prime minister flew on Saturday into the chaotic city where an armed revolt
      began six weeks ago and hailed as “freedom fighters” a ragtag gang that helped oust
      President Jean-Bertrand Aristide.

      Arriving in a U.S. Army Black Hawk helicopter - escorted by a second Black Hawk and a
      twin-rotor Chinook - Gerard Latortue landed on a soccer laid in Gonaiws to a raucous
      welcome by about 2,000 people.

51.   Stevenson Jacobs, Associated Press, “Haiti Rebels May Surrender Weapons,”
      (March 20, 2004). http://www.phillyburbs.com/pb-dyn/news/88-03202004-
      267966.html

      A key figure in the uprising against Jean-Bertrand Aristide said his rebels would
      surrender their weapons as Haitis interim prime minister landed in a helicopter to cheers
      and clapping from hundreds of people on Saturday.

52.   Various Articles from AHP news, “CARLI Preoccupied by Impunity for those who
      Committed Exactions During Military Coup of 1991; NCHR Asks for Chamblain
      and Tatoune to be Jailed, Investigation Opened Into Drowning Case of Lavalas
      Activists; FL and Police Officers Held Prisoners at Sea by Haitian Coast Guard;
      American Ambassador in Haiti Promises U.S. and International Community will
      Put Enough Money into Haiti; Latortue Declared Assets to First Instants Court of
      Port-Au-Prince; Latortue Invites School and University Activities to Resume;
      CONASOVIC Says Case of Cooperatives Must be Priority for Latortue
      Government,” (March 19, 2004).

      The perpetrators of the 1991 coup massacres who are still walking the streets in impunity
      should be brought before a court of law, Renand Hédouville said.
      He also asked that those who „mysteriously escaped prison should be sent back to jail.


                                                                                              42
The doors of all the countrys prisons were opened on February 29 for all those who
were there for various reasons, following the departure of President Jean Bertrand
Aristide in strange circumstances.

***

The National Coalition for Haitian Rights (NCHR) has asked Friday that FRAPH leader,
Louis Jodel Chamblain, and Jean Pierre alias Jean Tatoune be arrested and sent directly
to jail, as both of them should be sentenced to life for their participation in slaughters
against the Haitian people.

This call by the NCHR comes about 22 days after these 2 confirmed criminals were
accused of participating in the murder of many police officers and civilians during the
fighting which led to the overthrow of President Aristide.

The NCHR coordinator announced there would soon be an investigation on the case of
Lavalas activists who were killed at Cap-haitien on February 22 when Cap-Haitien went
down to the rebels. The victims were apparently locked in a container before being
drowned at sea.

***

Many members of the political organization Fanmi Lavalas and police officers who were
arrested on Friday, March 13 at Port-au-Prince are held prisoners at sea on a boat from
the Haitian coast guard at Bizoton (South of the capital).

Among others, there are division commissioner Jacques Anthony Nazaire, who was one
of the managers of security for President Aristide; SMCRS manager, Paul Keller, police
officer Pétion Ospide and a former pro-mayor of Port-au-Prince, Harold Severe.

One of these prisoners, Anthony Nazaire, who suffers from a handicap to an arm after the
December 17, 2001 attack on the national palace left him with serious injuries, is
allegedly in serious trouble, the AHP learned.

***

American ambassador in Port-au-Prince, James Foley, once again promised the United
States and the international communitys help to Haiti for what he calls a fresh start
According to James Foley, enough money will be put into Haiti, but it is important to
concentrate on how to use it well.
Concerning the renewed cooperation between the United States and Haiti, Mr. Foley
promised that his government would do everything to facilitate sales of Haitian products
on the American market.

***


                                                                                          43
      Gerard Latortue declared his assets to the first instance court of Port-au-Prince this
      Friday.
      According to this statement, the Prime Minister has 2 savings accounts worth 50,000
      dollars each in the United States, an account worth 7,000 euros in Europe, a villa in the
      State of Florida (United States) and a land at the Gonaives.

      ***

      Gerard Latortue invited all involved in education to resume school and university
      activities throughout the land starting on Monday, March 22, 2004.

      Haitis national police have taken all necessary dispositions and the multinational force
      will come in support to guarantee safety in the streets and schools, the press release
      states.

      ***

      Rosemond Jean believes the case of cooperatives should be a priority for the Latortue
      government. He calls for the arrest of all those involved, closely or not, with the
      cooperatives bankruptcy.

53.   Various Articles from AHP news, “Senate President Condemns Scheme from
      Former Opposition Aimed at Destroying FL; Ministers of Latortue Government
      Officially Sworn In; Senate President Denies FL Involvement in Latortue
      Government and Criticizes Officials from Former Opposition; American
      Ambassador Positive About Haiti‟s Future; Abraham: Commission will soon be
      Formed to Investigate Case of Haiti‟s Army,” (March 18, 2004).

      The Republics Senate president, Yvon Feuilk, condemned Thursday a scheme from the
      former opposition aimed at destroying the political organization Fanmi Lavalas.

      Mr. Feuilk says the persecutions of the partys activists and leaders throughout the
      country prove that there is a scheme.

      He said his party is the most represented in the country. He regretted that the former
      opposition was taking advantage of the absence of President Aristide to start persecuting
      the partys supporters in order to keep them from regrouping.

      ***

      Many ministers of the Latortue government were officially sworn at their position this
      Thursday.

      In his formal speech, the new minister of Justice, Bernard Gousse, announced serious
      reforms in the judicial system.


                                                                                                  44
      ***

      The Republics Senate President, Yvon Feuilk, denied Thursday any Fanmi Lavalas
      involvement in the Boniface/Latortue government, as suggested by some statements from
      leaders of the former opposition.

      The vast majority of ministers from this government are either members of the opposition
      or have close ties to it, Mr. Feuilk stated.

      The political platform of the opposition thinks it can fool the population. It is greatly
      represented in the government, but refuses to acknowledge it in order to avoid taking the
      blame for the failure looming, Senator Feuilk said.

      ***

      American ambassador in Haiti, James Foley, felt Wednesday that the new government
      promised great hope for Haitis future.

      James Foley renewed his governments full support to the development process in Haiti
      and he feels Haitians can now get to another level. In most regions of the country, the
      armed gangs who took control of many police stations are still the ones assuming what
      they call „security for the population.

      ***

      Retired Lieutenant General Hérard Abraham, currently minister of the Interior, said
      Thursday he was willing to collaborate with all sectors of the country to re-establish a
      climate of security in Haiti.

      According to Hérard Abraham, peace is essential to allow all Haitians and foreign
      nationals to lead normal lives.

      He also announced a commission would soon be put in place to look into the case of
      restoring the army.

      The former Haitian army, dissolved in 1995 by President Aristide, has been accused of
      being involved in numerous slaughters and violations of the rights of the Haitian people,
      especially during the 1991 coup detat which killed between 3.000 and 5.000 people.

54.   Human Rights Watch, “International Forces Must Assert Control,” (March 3,
      2004). http://hrw.org/english/docs/2004/03/03/haiti7862.htm

      The rebel forces entered Port-au-Prince on Monday and immediately took over
      government buildings, including the former headquarters of the Haitian army. At a press



                                                                                                 45
      conference held Tuesday, rebel leader Guy Philippe declared himself military chief of the
      army. The country is in my hands, he reportedly stated.

      It is irresponsible for the international community to abdicate effective power over Haiti
      to armed insurgents whose leaders include men responsible for some of Haiti‟s worst
      abuses, said Joanne Mariner, deputy director of Human Rights Watch‟s Americas
      Division. To do so would be a recipe for continued violence.

55.   Amnesty International, “Haiti: Perpetrators of Past Abuses Threaten Human
      Rights and the Reestablishment of the Rule of Law,” (March 3, 2004).
      http://www.amnesty.ca/resource_centre/reports/view.php?load=arcview&article=12
      92&c=Resource+Centre+Reports

      One of the most significant human rights achievements in the years following the Otober
      1994 return to democratic order in Haiti was the holding of trials in several high-profile
      cases of egregious past violations. These trials were crucial, not just as a means of
      ensuring that the truth about past violations emerged, but as tangible evidence, to a
      Haitian population which had suffered violent repression on a massive scale, of a newly-
      functioning rule of law and respect for human rights.

      The holding of perpetrators from the disbanded Haitian Armed Forces, the Forces
      Armées dHati (FADH),and the paramilitary Front Révolutionnaire Armé pour le
      Progrs d'Hati (FRAPH), Revolutionary Armed Front for the Progress of Haiti(1) to
      account for their crimes was nearly unprecedented in Haiti's history. The trials of those
      implicated in such grave violations as the 1994 Raboteau massacre and the 1993
      assassination of pro-democracy activist Antoine Izméry gave hope that, for the first time,
      the cycle of political violence might well and truly be broken.
      In a devastating portent for the future of human rights in Haiti, however, a number of
      those convicted of those crimes are once again free in Haiti, and some have re-emerged
      as commanders of rebel groups.

      In recent weeks, Amnesty International has repeatedly expressed its grave concern about
      the presence of notorious convicted human rights perpetrators such as Louis Jodel
      Chamblain and Jean Pierre Baptiste ('Jean Tatoune') as leaders of the rebel forces.

      These forces now effectively control much of the country and have been allowed to enter
      the capital, despite the presence of the Multinational Interim Force. The primary rebel
      leader Guy Philippe, a former army officer and one-time Haitian National Police
      commissioner who fled the country in 2000, has reportedly expressed confidence that
      they will be given a prominent and influential role in public life.

56.   Amnesty International Press Release, “Haiti: Convicted human rights violators
      must not be allowed power,” (March 3, 2004).
      http://web.amnesty.org/library/Index/ENGAMR360142004?open&of=ENG-HTI




                                                                                               46
      At least eight convicted or indicted human rights violators are currently at large in Haiti
      and must be brought before the justice system immediately, a new report by Amnesty
      International says.

      Convicted human rights violators Louis Jodel Chamblain and Jean Pierre Baptiste ('Jean
      Tatoune') are currently leading the rebel forces circulating freely in Port-au-Prince.
      Amnesty International is extremely concerned that international forces present in Haiti
      have permitted rebel forces led by perpetrators of past abuses to effectively take control
      of part of the capital. The organization fears that they may join forces with former
      military and paramilitary colleagues who, until reportedly escaping from the National
      Penitentiary on Sunday, were being imprisoned on human rights grounds.

57.   Human Rights Watch, “Haiti: U.S. Return of Asylum Seekers Is Illegal: Fleeing
      Haitians Must Be Given at Least Temporary Protection,” (March 2, 2004).
      http://hrw.org/english/docs/2004/03/01/haiti7772.htm

      The U.S. government‟s return of hundreds of fleeing Haitians to the capital Port-au-
      Prince violates their right not to be sent back to a place where their lives or freedom are
      endangered, Human Rights Watch said today.

      The U.S. Coast Guard already has repatriated at least 867 Haitians, according to news
      reports. International law prohibits sending fleeing Haitians back to Haiti in the current
      conditions of instability, which persist despite the arrival of U.S. Marines as part of a
      planned Multinational Interim Force.

      On Friday and Saturday, the U.S. Coast Guard dropped off the asylum seekers at the
      Haitian capital‟s main port, where violence and widespread looting were taking place.
      Journalists on the scene described how those returned had to make their way through a
      hostile crowd of pro-government supporters.

      “Given the violence and disorder reigning in Port-au-Prince, the 867 Haitians should
      never have been returned there,” said Joanne Mariner, deputy director of Human Rights
      Watch‟s Americas Division. “With people being shot dead in the street by gangs of
      criminal thugs, it was unconscionable for the United States to dump entire families into
      this danger zone.”

II. ARTICLES AND REPORTS DOCUMENTING COUNTRY CONDITIONS IN HAITI
          BETWEEN ARISTIDE‟S SECOND PRESIDENCY AND COUP

58.   Human Rights Watch, “Haiti: Rebel Leaders‟ History of Abuse Raises Fears,”
      (February 27, 2004). http://hrw.org/english/docs/2004/02/27/haiti7682.htm

      “A rebel attack on Port-au-Prince could lead to widespread bloodshed and indiscriminate
      destruction of civilian property,” said Joanne Mariner, Deputy Director of Human Rights
      Watch‟s Americas Division. “Given the past atrocities of some rebel leaders, and the
      violent propensities of pro-government gangs, we‟re gravely concerned for the protection



                                                                                                   47
      of the Haitian population.”

      The 5-page backgrounder details the history of the armed insurgents, from the dubious
      human rights record of rebel leader Guy Philippe, a former police commissioner, to the
      bloody past of Louis Jodel Chamblain, a former paramilitary.

      As the backgrounder explains, former members of the disbanded Haitian Armed Forces
      (Forces Armées d’Haiti, FAd‟H) have been mobilizing for about three years near the
      border of the Dominican Republic in central Haiti. In that region, over the past year,
      bands of 30 to 100 men have been harassing police, killing government supporters, taking
      over towns temporarily, and recruiting supporters. On July 25, 2003, they reportedly
      killed four members of a Ministry of Interior delegation that visited the area.

59.   Amnesty International Press Release, “Haiti: Refugees and asylum seekers are not
      part of the conflict,” (February 27, 2004).
      http://web.amnesty.org/library/Index/ENGAMR360112004?open&of=ENG-2M5

      "The transfer of Haitian asylum-seekers and refugees to Guantánamo Bay or other off-
      shore facilities raises serious concern that they might not be guaranteed the human rights
      and refugee protection to which they are entitled," Amnesty International said. "The
      asylum procedures that have been used in Guantánamo Bay in the past have fallen well
      short of minimum international standards and have been inadequate to identify
      individuals in need of international protection. "

      The situation of detainees held in legal limbo in Camp Delta further serves to underscore
      Amnesty International's concerns that Guantánamo Bay is being used by the US
      authorities as a way to deny people their human rights including access to due process.
      President George W. Bush said last Wednesday that all Haitians attempting to flee to the
      US would be stopped and returned, showing a blatant disregard for the most fundamental
      obligation states have towards refugees not to forcibly return them to a situation where
      they could face human rights abuses.

      "All forcible returns of Haitians to Haiti should be suspended unless or until their
      entitlement to protection has been determined through a full and fair procedure and their
      return can take place in safety, dignity, and with full respect for their human rights",
      Amnesty International concluded.

60.   Human Rights Watch, “U.S.: Don‟t Turn Away Haitian Refugees,” (February 26,
      2004). http://hrw.org/english/docs/2004/02/26/usdom7674.htm

      With the situation in Haiti deteriorating, the U.S. Coast Guard has interdicted well over
      five hundred Haitians in the last few days. It is therefore crucial for the Bush
      administration to immediately set out a clear policy that complies with its legal
      obligations to protect refugees. It must establish procedures and allocate the necessary
      resources to ensure that no one is returned to Haiti who is in danger of being persecuted,
      tortured or killed. To do so requires giving each interdicted Haitian a meaningful



                                                                                               48
      opportunity to tell his or her story and carefully assessing the claims made.

      It is unclear how the Bush administration will handle refugee protection. Following
      President Bush‟s statement, White House Press Secretary Scott McClellan said that boats
      of Haitians will be returned “absent any specific protection concerns.” But when asked to
      explain, he declined to elaborate and stated the U.S. policy towards Haitians "remains the
      same.” News reports cite the U.S. Defense Department as saying that all Haitians
      intercepted at sea will be returned.

61.   Human Rights Watch, “Haiti: Violent Reprisals Feared,” (February 24, 2004).
      http://hrw.org/english/docs/2004/02/24/haiti7654.htm

      The armed rebels who have taken over Cap-Hatien and other Haitian towns must not
      attack civilians, including government loyalists, Human Rights Watch said today. Human
      Rights Watch also condemned attacks by pro-government gangs during demonstrations
      staged by the political opposition in Port-au-Prince.
      Armed rebels in Cap-Hatien have been searching for militants loyal to President Jean-
      Bertrand Aristide, according to news reports. Some members of the rebel forces have
      reportedly threatened to execute Aristide loyalists.

      In light of the potential for widespread violence, Human Rights Watch said that the
      international community should consider sending military troops and police to Haiti to
      protect the human rights of the country‟s citizens. Already, the death toll of the rebellion
      is said to be about 70, with dozens more having been wounded. President Aristide has
      requested the presence of an international peacekeeping force.

62.   Human Rights Watch, “Haiti Aristide Should Uphold Rule of Law,” (February 14,
      2004). http://hrw.org/english/docs/2004/02/14/haiti7476.htm

      “The violence in Haiti is threatening to spiral out of control,” said José Miguel Vivanco,
      Executive Director of Human Rights Watch‟s Americas Division. “President Aristide
      must take immediate, constructive steps to reestablish the rule of law and rebuild the
      country‟s democratic institutions.”

      Under international standards, the intentional use of lethal force by law enforcement
      officials is permissible only when strictly unavoidable to protect life.

      In early January, the term of the Haitian legislature expired. Legislative elections should
      have taken place last year, but a political stalemate blocked the creation of the necessary
      electoral institutions. The stalemate dates back to the 2000 legislative elections, which
      were marred by serious electoral fraud.

      Mass protests, a staple of the Haitian political landscape in recent years, gained
      momentum in January. In some protests, opposition demonstrators and bystanders have
      been attacked by police and militant government supporters. On Thursday, government
      supporters blocked roads and threw rocks at opposition demonstrators, derailing a


                                                                                                49
      planned protest march in the Haitian capital Port-au-Prince.

      What has sparked the current crisis, however, is the takeover of several cities and towns
      by armed criminal gangs that refuse to recognize the Haitian government‟s authority. The
      rule of law in Haiti, already precarious, has been seriously weakened over the past week.

63.   Amnesty International Press Release, “Haiti: Killings can and must be stopped,”
      (January 8, 2004).
      http://web.amnesty.org/library/Index/ENGAMR360012004?open&of=ENG-HTI

      Only strong and unified action can break the cycle of political violence currently gripping
      Haiti, said Amnesty International as two people died and 30 others were injured in Port-
      au-Prince yesterday during confrontations between opposition party demonstrators,
      government supporters trying to block their march and police.

      "Political leaders must immediately address their supporters and demand they stop
      committing abuses," Amnesty International said. "In addition, police must fulfil their
      duty to respect and protect the right to peaceful protest."

      According to reports, the dead included a supporter of Haitian president Jean Bertrand
      Aristide‟s Fanmi Lavalas party who was shot and killed in an exchange of gunfire with
      the police, and Maxime Desulmant, an opposition demonstrator who was killed by
      gunfire from Aristide supporters.




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