Compilation of recent news on Yvon Neptune, IACHR, letter from Privert visitor
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Jens Iverson
Apr 25, 2005, 9:49:24 PM4/25/05
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Nous ne sommes pas neutres, Nous essayons d'être objectifs RETOUR A HAITI
INFO.ORG <http://www.haitiinfo.org/indexhi.html>
SPECIAL YVON NEPTUNE
SPECIAL YVON NEPTUNE
["
>> We received the document below from Mr. Neptune, it explains his bitter
>> experience of Friday 22 April with the agents of the APENA transporting him
>> to Saint-Marc. The handwritten text not being completely readable, the
>> transcription was carried out by us."]
Nous avons reçu le document ci-dessous de Monsieur Neptune dans lequel il
explique son expérience amère du vendredi 22 avrill avec les agents de
l'APENA le transportant à Saint-Marc. Le texte manuscrit n'étant pas
totalement lisible, la transcription a été réalisée par l'expéditeur
Lè m te kite Primati a nan dat 12 mas 2004 rive jis 27 jen 2004, sous
ensekirite m se nan pouvwa a li te chita. Lè pouvwa a arete m nan dat 27
jen, jis jounen jodi a, non sèlman sous ensekirite m pa bò kote pouvwa a
ogmante e vin pi dirèk, men sa ki pi rèd, pouvwa a wete libète mouvman m,
ansanm ak libète pou m pale nan tout longè/lagè/fondyè konstitisyon bay dwa
swa a.
Grèv grangou mwen te tanmen apati dat 20 fevriye a, se te pou pouvwa a remèt
mwen libète m e sispann lakòz ensekirite m.
Akòz pwomès Pouvwa a te fè kidedwa kòm kwa li ta pral libere m, mwen te
aksepte kanpe sou grèv grangou a, epi al pran swen nan lopital Ajanten ki
anba bannyè Minustah/Nasyonzini.
Men m nan lopital sa a, mwen te kontinye anba ensekirite Pouvwa a, epi
pouvwa a te kontinye refize reban mwen libète m.
(Cliquez sur l'image pour voir les 2 pages du document manuscrit)
<http://www.haitiinfo.org/mannept.html>
Se poutèt sa, pandan m nan lopital Ajanten/Minustah, mwen t ap goumen pou
Nasyonzini pa foure m nan zatrap swadizan Vila nan Pako men pito egzije nan
men pouvwa a libere m epi tou, pou pouvwa sispann mennase lavi m. Se anfas
jwèt dilatwa ak koken pouvwa a, mwen te blije rekòmanse grèv grangou a pou
pi rèd, e ki ap rapousib nan Prizon Pako a, toujou pou libète m ak sekirite
m.
Mezanmi koute, nan dat 20 avril men enfòmasyon mwen te bay: ³ Š konplo sa a
se chache pa tout mwayen pou kenbe m nan prison pou plis tan posib, sa a se
youn, lòt la se trennen m kèlkeswa kondisyon an nan Sen Mak pou rapousib
politik imilyasyon anŠ ² Mezanmi koute: pandan m te deja sou 5 jou grèv
grangou total kapital, jedi apremidi 21 avril, ak garanti yo ban mwen anyen
p ap rive, Fòs Nasyonzini yo mennen m, kont volonte m, nan swadizan Vila
Prizon nan Ri Pako, tou pre Direksyon Jeneral ak Enspeksyon Jeneral Lapolis,
malgre mwen te montre Reprezantan Nasyonzini yo, se yon zatrap pouvwa de
fakto a mete pou l egzekite plan lanmò li gen pou mwen an. Sitou mwen te di
yo, grèv grangou a ap rapousib nan swadizan Vila Prizon an, toutotan mwen pa
libere.
Mezanmi : se konsa vandredi 22 avril granm ti maten, yon ekip 7 a 10 bouwo
mwen rekonèt nan sistèm prizon an debake sou mwen ak lòd pou yo kondi m Sen
Mak. Mwen santi vi m andanje anfas bouwo sa a yo; mwen di yo, mwen gen 5
jou mwen pa manje, ni bwè, e mande yo pou yo kite m anpè paske mwen fèb. Lè
yo ranmase ak fòs, mete m deyò epi seye minote m, mwen reziste pou lavi m, e
mwen mòde youn pami kokenn bra ki t ap fòse minòt nan ponyèt mwen.
Yo trenbale m Sen Mak. Mwen vomi fyèl mwen sou tout wout la. Rive Sen Mak
anyen pa fèt, swadizan Madan Cluny Pierre Jules, swadizan Jij enstriksyon an
te deklare li p ap vini, paske l pa t enfòme.
Lè Reprezantan Nasyonzini yo resevwa enfòmasyon nan ki kondisyon e nan ki
eta mwen twouve m Sen Mak, yo voye elikoptè yo vin chache m, mennen m
Pòtoprens, kote mwen resevwa swen nan yon anbilans Nasyonzini ki eskòte m
jis nan swadizan Vila Prizon an nan Pako.
Grèv grangou a ap rapousib, pou m rejwenn libète m an sekirite, e pou
pouvwa defakto a sispann mennase lavi m, pandan l ap kontinye pase diyite m
anba pye.
Yvon NÉPTUNE
Ansyen Premye Minis
Manm Fanmi Lavalas
Prizonye Politik
IACHR CALLS FOR GREATER INTERNATIONAL ACTION IN HAITI
April 25 2005
Press Release - Organization of American States
The Inter-American Commission on Human Rights (IACHR) has concluded a visit
to the Republic of Haiti at the invitation of the government of that
country. This visit took place between April 18 and 22, 2005. The delegation
was composed of Commission President and Rapporteur for Haiti Clare K.
Roberts, Commission attorneys Ismene Zarifis and Brian Tittemore, and OAS
Associate Staff Member and Romulo Gallegos fellow Ourania Georgoulas, and
was assisted for part of its visit by OAS Associate Staff Member and
University of Quebec at Montreal Law Professor Bernard Duhaime.
The aim of the Commission¹s visit, its first in 2005, was to obtain general
information concerning the current human rights situation in Haiti,
particularly in light of elections that are scheduled to take place at the
end of this year, and to build upon the Commission¹s previous work in the
country on the issue of administration of justice. Based upon the
information gathered, the Commission considers that there is an urgent need
for greater action on the part of the international community, and
corresponding cooperative efforts by the government of Haiti, to address the
most pressing issues of insecurity, deficiencies in the justice system, and
fundamental inadequacies in health care, employment, and education. At the
same time, a foundation must be established for longer term initiatives in
these areas by the new government that is expected to take office in early
2006.
During the visit, the Commission met with representatives of the Haitian
government and members of civil society as well as representatives of
international organizations. The Commission met with the President of the
Republic, Mr. Boniface Alexander, the Prime Minister, Mr. Gérard Latortue,
the Minister of Foreign Affairs and Worship, Mr. Hérard Abraham, the
Minister of Justice and Public Security, Mr. Bernard Gousse, the Minister of
the Interior, Territorial Collectivities and National Security, Mr. Georges
Moise, the President and Judges of the Supreme Court of Haiti, the
Vice-President and Judges of the Court of Appeal of Haiti, the President and
Registrar of the Court of First Instance of Haiti, and the Chief Prosecutor
of Port-au-Prince. The Commission also met with the Inspector General of the
Haitian National Police, Mr. Franz Jean François, the Chief of Cabinet of
the Director General of the Haitian National Police, Mr. Max Jacques Louis,
and the Ombudsman of Haiti, Mr. Necker Dessables, as well as representatives
of the Provisional Electoral Council and the Conseil des Sages. In addition,
the Commission held discussions with representatives of different sectors of
civil society, including a wide variety of national nongovernmental
organizations, women¹s organizations and the association of magistrates, and
representatives of international nongovernmental associations including the
International Crisis Group and the International Committee of the Red Cross.
In addition, the Commission met with staff of the OAS Special Mission in
Haiti, the Head of the United Nations Stabilization Mission in Haiti
(MINUSTAH), Ambassador Juan Gabriel Valdes, and other MINUSTAH officials,
including representatives from its human rights section. Further, the
Commission delegation visited the National Penitentiary in Port-au-Prince.
At the beginning of its visit, the Commission conducted a training seminar
on the inter-American human rights system with officials and functionaries
from various government ministries and agencies and, with the support of the
Prime Minister and the Minister of Foreign Affairs, set the groundwork for
the establishment, of an inter-ministerial working group to coordinate the
Haitian State¹s international human rights responsibilities. As a complement
to this initiative, the government expressed its commitment to ratify the
remaining treaties of the inter-American human rights system, a measure that
will further assist in consolidating the protection of fundamental rights
and the rule of law in Haiti.
The Commission¹s main concern at the conclusion of this visit relates to
the lack of control over security in the country, which has deteriorated
markedly since the Commission¹s last on-site visit in September of 2004.
Prior to and during this visit, the Commission collected information
indicating that thousands of weapons remain in the hands of illegal armed
groups, gangs, and other unauthorized persons. The Commission found that no
systematic or comprehensive disarmament initiative has yet been undertaken
and encourages the rapid implementation of the disarmament, demobilization
and reintegration program. At the same time, the Haitian Police Force
remains seriously understaffed and continues to lack sufficient training in
order to carry out its role of providing security effectively. For example,
estimates of the total number of police in the country remain between 3,000
and 5,000 for a total population of over 8 million, and the police force
lacks sufficient essential equipment such as vehicles and firearms. Largely
as a consequence of this volatile situation, it is estimated that since
September 30, 2004, over 600 people have been killed, including 19 police
officers. Kidnappings, carjackings and other episodes of violence are
rampant, particularly in the capital of Port-au-Prince, and incidents of
arbitrary killings by the police have also been reported. While cooperative
efforts between MINUSTAH and the police have had some success against armed
groups in recent months, it remains apparent that these efforts are
insufficient and must be expedited and expanded. The Commission emphasizes
the State¹s obligation to guarantee the safety of its population and to
ensure their right to judicial protection. The Commission calls upon the
Haitian Government, in collaboration with the international community, to
take the urgent steps necessary to ensure the security of the people of
Haiti.
The security situation has also exacerbated problems with the
administration of justice. The proliferating violence has added to the
onerous work load of the police, judges lack the protection necessary to
perform their duties without fear of threats to their physical integrity,
and court facilities in some precarious areas have been forced to close.
Further, two disturbances in the country¹s National Penitentiary in December
2004 and February 2005 resulted in the escape of approximately 491
prisoners, most of whom remain at large. The longstanding problem in Haiti
of the prolonged detention of individuals without charge or trial also
remains a grave issue. According to a November 2004 report by the Office of
the Ombudsman, an average of approximately 90% of individuals held in
detention centers in Haiti¹s 10 geographic departments have not been tried
or convicted. For instance, the Commission visited the National Penitentiary
and discovered that of the 1,054 inmates in the prison only 9 were convicted
of any crime. During its visit, the Commission was informed that some
efforts have been taken to address this problem, such as scheduling
additional afternoon hearings before magistrates in criminal cases. At the
same time, it is apparent that more immediate and vigorous measures are
necessary to confront this crisis, as are additional resources and other
assistance from the international community. In this respect, the Commission
emphasizes the State¹s obligation to guarantee the right of all persons
within its jurisdiction to due process which includes the right to know the
charges against them and to be tried within a reasonable time. The State
also has an obligation to end impunity for all human rights abuses through
demonstrably fair and effective procedures that conform to international
standards. The Commission therefore calls upon the government, in
cooperation with the international community, to take the urgent measures
necessary to have the legal status of all persons in detention judicially
reviewed and clarified as to guarantee their right to due process under
domestic and international law.
The violence in Haiti continues to have a severe effect on the local
population and has exacerbated the already desperate situation of women and
children in the country. According to members of civil society, women and
girls continue to be the victims of sexual violence by members of armed
groups, gangs and others with impunity. Women in detention are held for
prolonged periods and in inhumane conditions. While the Commission welcomes
information indicating that a law has now been decreed in Haiti that renders
rape a crime, it also emphasizes the need to enforce this law through
effective investigation, prosecution and punishment. The volatile security
situation has also continued to present dangers to human rights defenders,
members of the media, and others involved in securing respect for
fundamental rights and democratic governance. In recent months, the
Commission has received numerous reports of threats and attacks against
members of nongovernmental organizations and the media, including the murder
of journalists. In this respect, the Commission reiterates the need for the
State to take concrete steps to prevent conduct of this nature, including
the effective investigation and prosecution of complaints of such acts.
Also of concern to the Commission are the threats that widespread violence
in the country pose to the elections scheduled to take place in October and
November of this year. A secure environment for political debate,
campaigning and voting is essential for free and fair elections to take
place. Urgent measures must therefore be taken to suppress the violence and
to ensure that arrangements for elections proceed expeditiously, including
completing the registry process and facilitating other preparations by the
Provisional Electoral Council. In this connection, the Commission was
pleased to learn of the creation of a national identity card that will not
only permit Haitians to vote, but will also provide them with identification
for other pertinent purposes, thereby giving effect to the right of all
persons to an identity. Further, the Commission is hopeful that the National
Dialogue process, which commenced approximately two weeks ago, will succeed
in moving all Haitians, including its various political groups, beyond
confrontation and toward reconciliation, which is essential to the future
prosperity of the country.
Finally, the Commission emphasizes that respect for the fundamental civil
and political rights of the Haitian people cannot be achieved fully without
corresponding efforts to address the severe social and economic problems in
the country, including poverty, lack of access to adequate health care,
unemployment and illiteracy. In this regard, the information received by the
Commission indicates that more than 80% of the populations in Haiti live
below the poverty line and more than two-thirds of the labor forces do not
have formal jobs. The conditions of health care are substandard and only 53%
of the total population are considered literate. The Prime Minister informed
the Commission that despite these desperate conditions, only 10% of the
approximately US $1.4 billion pledged by donors in 2004 was actually
disbursed. In this context, the international community, including Member
States of the OAS, with the collaboration of the Haitian government, must
make every effort to ensure the funds and other resources pledged to Haiti
are delivered and distributed on an urgent basis. By releasing pledged
funds, the most immediate state functions such as education, health care and
employment creation, as well as security and the proper functioning of the
police and the courts, can be addressed. Haiti must be provided with the
capacity to ensure its stability and prosperity in the longer term.
This press release will be followed by a preliminary report of the
Commission¹s findings, which will be issued shortly after the delegation¹s
return to Washington.
The Commission wishes to express its appreciation to the Government and
people of Haiti for the cooperation, facilities and hospitality provided in
the course of the Commission¹s visit, to the OAS Special Mission for its
crucial assistance in organizing and executing the visit, to MINUSTAH for
its security support, and to the nongovernmental organizations, civil
society institutions, and international organizations concerned for their
valuable participation in the Commission¹s activities.
http://www.harolddoan.com/modules.php?name=News&file=article&sid=2267
Democracy Now!
http://www.democracynow.org/
April 25, 2005
Fomer Haitian Prime Minister Beaten in Prison as Interim Government
Prepares to Charge Him in Connection with Political Killings
download the Show [mp3, 27 MB]:
http://www.archive.org/download/dn2005-0425/dn2005-0425-1_64kb.mp3
To listen Listen to the segment, watch a 128k or 256k stream go to:
http://www.democracynow.org/article.pl?sid=05/04/25/1342232
The US-backed interim government of Haiti is preparing to charge
former Prime Minister Yvon Neptune with having a role in a series of
political killings in the town of St. Marc. in February 2004.
Meanwhile, his family says he was badly beaten on Friday. We speak
with a friend of Yvon Neptune, Jean-Jean Pierre. [includes rush
transcript]
The US-backed interim government of Haiti is preparing to charge
former Prime Minister Yvon Neptune with having a role in a series of
political killings in the town of St. Marc in February 2004. Neptune
served as prime minister under Jean Bertrand Aristide who was ousted
last year in what he calls a modern-day kidnapping in the service of
a coup d'etat backed by the United States. He has denied the
accusations and has refused legal representation because he believes
his prosecution is illegitimate and illegal. This according to Brian
Concannon of the Institute for Justice and Democracy.
Neptune's family says he was badly beaten on Friday as he was taken
to a court in Saint Marc to be charged.
Neptune's indictment comes four days after officials charged former
Interior Minister Jocelerme Privert in the St. Marc killings. Neptune
and Privert had been among dozens of former government officials who
had been jailed without charge since Aristide's ouster.
Interview with Jean-Jean Pierre, friend of Yvon Neptune.
RUSH TRANSCRIPT
AMY GOODMAN: We are joined now on the phone by Jean-Jean Pierre, a
friend of Yvon Neptune. Welcome to Democracy Now!
JEAN-JEAN PIERRE: Thank you, Amy.
AMY GOODMAN: Can you give us the latest -- we only have a few minutes
-- but the latest on what you understand happened to the former prime
minister, Yvon Neptune, on Friday morning?
JEAN-JEAN PIERRE: Well, after a month stay at a hospital run by the
U.N., on Thursday, this past Thursday, Yvon Neptune was transferred
to an annex of the prison, still run by the -- conjointly by the --
I¹m sorry, jointly by the U.N. and the Haitian police on Thursday. On
Friday morning, 4:00 in the morning, was taken by force to St. Marc,
but he resisted, because he wanted his attorney first. He didn't want
to be tried, at least to be heard in St. Marc because, as you aptly
said, he has not been charged. So this is preventive imprisonment,
and it's been a year now. And in the process, he resisted and
apparently even bit someone who hit him, and that's when they
tortured him. They beat him up simply because that is traditionally
the reaction of Haitian police. Very -- the U.N. -- by the way, it¹s
the U.S.-trained Haitian police. If you know, according to Small Arms
Survey, an independent group, the U.S. just spent $6 million arming
this police, which is accused of human rights violations. So, it's so
badly that when he arrived at St. Marc, that the U.N. now picked him
up from -- by helicopter because when he went there, it was by car.
And it's a treacherous road going to St. Marc, two-and-a-half hours,
and the guy was already six days into his hunger strike. So today,
this is the eighth day. He has not drunk any liquid, has not eaten
and his wife and other relatives to whom I spoke late last night told
me that in two days he will probably get into a coma, if this
continues, if the situation remains. So, I think this is an S.O.S.,
and I think the U.N. will be directly responsible, as well as the
White House, for not only orchestrating a coup, not only keeping an
illegitimate government on, but also for creating a situation where
these people feel with impunity, the de facto government in Haiti
feel with impunity, they can arrest people without charging them. And
I believe it's not only Yvon, it¹s, as you said, So Anne, another
Lavalas artist.
AMY GOODMAN: The musician. But just as we have 30 seconds now on Yvon
Neptune, has he been charged with orchestrating the political
killings in St. Marc?
JEAN-JEAN PIERRE: Well, he has not been charged actually, because he
has never appeared before a judge to be formally charged, but the
police, the reason they -- they arrested him illegally, by the way.
According to the Constitution, you cannot arrest someone after 6:00
p.m. It's because there were two gangs pro and against Aristide
fighting in St. Marc, and there was some killings from both sides,
but these people wanted to humiliate Yvon, but also they wanted to
prevent him from taking part of the next presidential elections. I
think that is the main reason.
AMY GOODMAN: Jean-Jean Pierre, I want to thank you for being with us.
We'll continue to follow the story this week.
To purchase an audio or video copy of this entire program call
1 (800) 881-2359.
Haiti's former premier to appear in court after move from prison
Monday, April 25, 2005
PORT-AU-PRINCE, Haiti (AFP): Former Haitian prime minister Yvon Neptune,
imprisoned since last year for alleged involvement in a 2004 massacre, was
taken Friday to appear in court in the town where the massacre took place,
according to UN officials and a lawyer involved in the case.
Neptune, who served as prime minister under deposed leader Jean Bertrand
Aristide, was moved to Saint-Marc in western Haiti Friday for hearings in
the case of the February 2004 massacre of opponents of Aristide's regime,
they said.
Neptune had been imprisoned in Port-au-Prince since June 2004 for alleged
responsibility in the Saint-Marc massacre, which left around 50 people dead
or missing.
He was recently treated in a military hospital following a weeks-long hunger
strike to protest the conditions of his detention, according to his lawyer,
Samuel Madistin.
After being discharged from the hospital, Neptune was placed under guard at
a secret location.
Last week, following its meeting in Haiti, the UN Security Council called
for the country to expedite judicial proceedings, including Neptune's case.
AHP April 21, 2005 3:15 PM
Law students at Hastings College of the Law lodge a complaint before the
CIDH in the name of former Prime Minister Yvon Neptune
San Francisco, April 21, 2005. Law Students at the Hastings College of the
Law of California University lodged a complaint together with Haitian and
American lawyers, before the Inter American Commission of Human Rights
(CIDH) in the name of former Haitian Prime Minister Yvon Neptune. Haiti has
been living an unstable political situation since the Coup d¹état that
overthrew President Aristide in February 2004. Yvon Neptune, who was the
last constitutional prime minister of Haiti, has been illegally held in
prison since June 2004.
Mr. Neptune has been deprived from his freedom for almost a year and was
never heard before a judge, despite the constitutional constraint that
demands that a detainee is not kept over 48 hours without judicial
authorization.
«Mr. Neptune¹s extended detention has put his life in great danger, » one
law student at Hastings, Kate Orlovsky, explained. « He escaped at least two
murder attempts, as well as a massacre at the central prison. Last February
20th, to protest against his extended detention and his bad conditions of
detention, he began a hunger strike that ended at the hospital, she
recalled.
In their complaint, the students demand an immediate action by the CIDH in
order to prevent a greater threat on Mr. Neptune¹s life. On top of
demanding Mr. Neptune¹s immediate release from his illegal detention, the
petition demands an international surveillance and supervision of Haitian
prisons.
The CIDH will end this Friday a 4-day mission in Haiti where it observed the
situation of human rights. In parallel, the member of the Chamber of
Democrat Representatives of California Maxine Waters demanded Yvon Neptune¹s
immediate release and without condition. «He never committed any crime and
the unfounded accusations against him are simply attempts to take away any
chances of being designated as a candidate to presidency.
M. Neptune is accused by two organizations known to be close to the
government, the NCHR and the RAMICOS, of being involved in a massacre that
was reportedly committed at the Scierie (Saint-Marc). Leader of the NCHR,
Pierre Espérance declared that the 50 persons who were killed in the
so-called massacre were all reportedly eaten by hungry dogs.The imprisonment
and murder of Lavalas members is a tactic used by the illegitimate
government to keep them away from the electoral course next November. To
have true democracy in Haiti, we must make sure that members of the Lavalas
party, including Prime Minister Neptune, can participate fully and without
compromises², the complaint also declared.
For his part, Bill Fletcher Jr., President of the TransAfrica Forum
underlined that the case of Prime Minister Neptune is nothing but a large
comedy.
AHP April 21, 2005 12:45 PM
22 April 2005
Congresswoman Waters
2344 Rayburn House Office Building
Washington, D.C. 20515
Dear Congresswoman Waters,
On Friday, 1 April 2005 I visited for about twenty minutes with the former
Haitian Interior Minister and now political prisoner M. Jocelerme Privert in
his hospital room at Canape Vert hospital in Port au Prince, Haiti. He
appeared to be emaciated but - considering that he has been on a protracted
hunger strike - he also appeared to be in reasonably good physical health.
Understandably, he is EXTREMELY upset at having been (illegally, he says)
detained for almost one year without trial or due process.
I'm not in the habit of visiting political prisoners. My encounter with Mr.
Privert was quite serendipitous. I must say that it was really upsetting to
me to come face to face with a genuine political prisoner who appears to
have been deprived of his rights in a major way.
The international community and the Bush administration have claimed to be
acting in the interest of the re-establishment of freedom and democracy in
Haiti. So what on earth is going on with the government in Port au Prince?
I see from postings on www.lethaitilive.org that extremely serious charges
have (finally) been lodged against Privert. I know very little about the
situation, but I must say I smell a rat. Given the current conditions in
Haiti, I'm very concerned that the gentleman will not get anything
resembling a fair and open trial in an impartial court of law.
I know you have a special interest in matters relating to Haiti. I urge you
to redouble your efforts in pursuit of a decent future for this embattled
republic. And please keep an eye on the Privert case.
All the best,
Sincerely yours,
Nicholas D. Wolfson
www.nicholaswolfson.com
Nicholas Wolfson
175 West 79th Street
Apt 6A
New York, NY 10024 usa
212-873-0613
nwol...@compuserve.com
Haiti's Aristide Calls For His Restoration to Power
<http://www.democracynow.org/article.pl?sid=05/04/21/1418214>
JUAN GONZALEZ: Ousted Haitian President Jean-Bertrand Aristide held a rare
press conference Tuesday in South Africa where is he living in exile. He
maintained that he is still the elected president of Haiti, despite being
ousted 13 months ago in what he calls a modern day kidnapping in the service
of a coup d¹etat backed by the United States. During the press conference,
Aristide addressed the continued violence and repression in Haiti.
JEAN-BERTRAND ARISTIDE: Today in 2005, who can expect free, fair and
democratic elections in Haiti with thousands of Lavalas in jail, exile and
hiding? To repair the tragic mistake of the February 2004 kidnapping and
coup d¹etat and reverse the disastrous events that it unleashed, the
following steps must be taken. One, thousands of Lavalas who are in jail and
in exile must be free to return home. Two, the repression that has already
killed over 10,000 people must end immediately. Three, then there must be
national dialogue. Four, free, fair and democratic elections must be
organized in an environment where the huge majority of Haitian people is
neither excluded nor repressed as they have been up until today. The
continued peaceful demonstrations calling for my return and the restoration
of constitutional order must be heard. Racism should not maintain a black
holocaust in Haiti, where African descendants proclaimed their independence
200 years ago. What an historic paradigm for all nations.
AMY GOODMAN: Ousted Haitian President Jean-Bertrand Aristide, speaking in a
rare news conference Tuesday in South Africa, where he is in exile.
Meanwhile, law students at the University of California, Hastings, along
with Haitian and U.S. attorneys, have filed a petition with the
Inter-American Commission on Human Rights on behalf of Haiti's former prime
minister, Yvon Neptune. Neptune was jailed in June 2004 and has yet to see a
judge in his case. We're now joined by one of the students who filed that
petition, Kate Orlovsky. She is the student director of the Hastings Human
Rights Project for Haiti. And in our Washington, D.C. studio, we are joined
by democratic Congress member Maxine Waters of California. And we welcome
you both to Democracy Now! We want to begin --
REP. MAXINE WATERS: Good morning.
AMY GOODMAN: Good to have you with us. Congress member Waters, what is the
significance of this news conference that President Aristide has held?
REP. MAXINE WATERS: First of all, I am so pleased to have had President
Aristide hold this press conference. It shows that he is still focused on
his homeland, that he believes in free and fair elections. He is calling for
the return of those Haitians in exile. He is basically laying out the kind
environment that must exist in order for -- to have democracy in Haiti.
JUAN GONZALEZ: Well, Congress member, I'd like to ask you, in terms of --
the Bush administration had said, before the coup against President
Aristide, had said that Haiti was in virtual chaos, yet we have seen
actually since the coup increases in killings and political murders and
jailings. What's your reaction to the aftermath now over the last year?
REP. MAXINE WATERS: Well, first of all, this administration does not care
about Haiti. That coup d¹etat was plotted and planned with Noriega, from
this administration, and Andy Apaid, who heads a Group of 184, and people
who have a interest, monetary interests in Haiti, that want to protect cheap
labor, the ability to run those factories again for little or no money paid
to the Haitians there, to ship those goods here and across Europe for
profits. And so, this administration not only has not cared, it has been
proven that President Aristide, despite the fact he did not get the
assistance from the international community that was promised, was doing a
pretty darn good job of holding that country together. Since he has been
gone, it has been nothing but chaos and mayhem and murder, the killing of
Lavalas members. It is absolutely chaotic in Haiti since they drove him out
of office.
AMY GOODMAN: We're also joined on the phone by Kate Orlovsky of the
Hastings Human Rights Project for Haiti at the University of California,
Hastings. Can you talk about what you have filed with the international
body, Commission on Human Rights?
KATE ORLOVSKY: Sure. What we have filed is a commission on behalf of Mr.
Neptune that charges the interim government of Haiti with violations of the
Haitian Constitution and the American Convention on Human Rights,
specifically the violation of his right to humane treatment and his right to
personal liberty and his right to a fair trial. And because only states can
bring cases before the Inter-American Court of Human Rights, this petition
asks the Commission to bring the case on behalf of Mr. Neptune, and it also
makes an urgent request for provisional measures based on grave threats to
his life.
AMY GOODMAN: Congress member Waters, you visited Yvon Neptune in the
national penitentiary just a few weeks ago, the former Prime Minister of
Haiti. Can you talk about his condition?
REP. MAXINE WATERS: Yes. I was very, very concerned after visiting with
him. He was weak. He spoke barely above a whisper. He was very thin, and I
thought he was sinking into depression. I was afraid that should he remain
in that penitentiary, he would certainly die, and I think that's what this
interim government wanted to happen. And I was very pleased that I was able
to bring attention to his condition, and he was moved to the hospital where
now he has a chance of living. I'm just delighted about this lawsuit that is
being filed by these students. I think this is very much needed, and it may
go a long way toward not only continuing to help save his life, but perhaps
freeing him; but of course, if he is freed, his life will be in danger. This
government must take responsibility for helping to normalize Haiti, to
helping to get rid of the violence in Haiti. The U.N. must take
responsibility. The United States, Canada, and France, all who supported the
coup d¹etat must take responsibility to normalize Haiti, to get rid of this
violence, and to open the way to fair and free elections.
AMY GOODMAN: Congress member Waters, we'd like to ask you to stay with us.
We have to go to break for 60 seconds.
REP. MAXINE WATERS: Yes.
AMY GOODMAN: Congress member Waters, in the studio in Washington, recently
visited the former Prime Minister of Haiti, Yvon Neptune, in prison in
Port-Au-Prince, Haiti.
[break]
AMY GOODMAN: We¹re talking about the latest situation in Haiti with
Congress member Maxine Waters of California who has championed this issue
for over the last year since the Aristides were ousted from power on
February 29, 2004. President Aristide, saying from the place that he was
flown off to, the Central African Republic by -- with the U.S. military and
security, saying he was the victim of a modern kidnapping in the service of
a coup d¹etat backed by the United States. We're also joined on the line by
Kate Orlovsky of the Hastings Human Rights Project for Haiti, a student who
has filed a petition on behalf of the ousted Prime Minister, Yvon Neptune,
who¹s in prison in Haiti right now, has been there since June 2004. Congress
member Waters, has Yvon Neptune ever seen a judge?
REP. MAXINE WATERS: No. As a matter of fact, he¹s not been formally
charged. These trumped up charges by the Minister of Justice and Latortue,
the puppet leader of Haiti, are just that, they're trumped up charges with
no no basis for him being jailed. No facts. They simply accuse him of
having been in a location where, following his having been there, after he
left, supposedly some killings took place. Even that, whether or not people
were killed, is in question. So, no, he¹s not been able to have an attorney.
Nor has he been formally charged. It's just an absolute outrage.
JUAN GONZALEZ: What about the role of the United Nations in Haiti, the
peacekeepers that are in there, and the possibility for any kind of
elections that would be fair and democratic occurring in the country under
these conditions?
REP. MAXINE WATERS: Well, I think that the U.N. troops are just now
beginning to exercise some authority. I think that the mission was unclear,
that they did not have clear direction. For most of the time that they¹ve
been there, they¹ve had a hands-off policy mostly on the violence that was
going on. Recently, they¹ve started to exercise more authority, and I¹m very
pleased that they helped to provide some security for me when I went there,
along with the ambassador who helped to provide security for me to get to
the penitentiary. But we¹ve got to be clear about what their charge is and
what their mission is. They¹ve got to be directed by the U.N.; but
certainly, this country is not ready for any elections at this point and
will not be for a long time to come. So, I am not at all enthusiastic about
the so-called planning that is going on, planning in the absence of a
clear-cut plan to make sure that the violence is gotten rid of just doesn't
make any sense to me.
AMY GOODMAN: I wanted to go back for a minute to our guest on the telephone
from University of California, Hastings. Why you got involved with this? Why
this group of students from U.C. Hastings are involved?
KATE ORLOVSKY: Well, the reason that we got involved, first of all, there
are a number of students who wanted to gain practical experience in
international human rights, and second, we have as a school a relationship
with Haiti. There are a number of us who have just returned from Haiti. We
went there in March on a totally different matter, but to participate in an
academic conference with a law school there, and Hastings has had this
relationship with this law school in Haiti for about five years now. And so,
there is a personal connection there with the students and with the
professors, and a lot of us feel very strongly about the country and about
what happens there. And then the third thing that really made this possible
was the support of Brian Concannon and the Institute for Justice and
Democracy in Haiti, and Brian is a human rights attorney who I think you're
probably familiar with, and the Institute for Justice and Democracy is doing
some of the best work along with the Bureau Des Advocats Internationaux in
Port-Au-Prince on behalf of political prisoners in Haiti. So, Brian was
willing to work with us, and he has been -- We absolutely could not have
done this without him and without the support of our professors. So they¹ve
all made it possible for us.
AMY GOODMAN: Last question for Congress member Waters: What are you doing
about this in Congress? Is the Congressional Black Caucus involved at all?
MAXINE WATERS: Well, we always have been involved at every point of trying
to make sure that we disseminate information about what is going on. The
most difficult problem has been, we don't get good press reports out of
Haiti; and so trying to keep the members of Congress informed, the American
public informed, has been a very difficult challenge and a very difficult
chore. I continue to stay in touch with the ambassador there. I write
letters to the State Department now to Condoleezza Rice. I kind of stay on
the case, and I keep them reminded at all times that I'm watching, I'm
working, I¹m looking. I stay connected with CARICOM. I stay connected with
President Aristide and people like Brian Concannon, and we hold meetings
from time to time here in Congress. And we try to make sure that the truth
is told. So, we continue to work in every way that we possibly can to try
and bring real democracy to Haiti --
AMY GOODMAN: Congress --
MAXINE WATERS: -- and to try and get Yes?
AMY GOODMAN: I just wanted to thank you very much for being with us.
MAXINE WATERS: You're welcome.
AMY GOODMAN: Congress member Maxine Waters speaking to us from Washington,
D.C., and Kate Orlovsky of the Hastings Human Rights Project for Haiti in
California. We wanted to turn for a moment, Juan, to a piece you did in the
New York Daily News, to a local issue that involves Haitian students in New
York. Can you tell us what happened just a few week ago?
JUAN GONZALEZ: Yes. Well, I reported last week that about a month ago at a
public school in Queens, New York, there was an incident that has really
outraged the very large Haitian community here in New York in that in a
public school, you know, a normal fight broke out between a couple of
Haitian students who were in a bilingual class, and there was an incredible
reaction by a local assistant principle there, who basically tried to punish
all 13 Haitian children in this class by having them sit on the floor of the
school cafeteria during lunchtime in front of all of the other students, eat
their chicken and rice lunch with their fingers, not allowing them to have
any utensils, and then told them, ³They treat you like animals in Haiti, and
that's how I'm going to treat you here.² According to several of the
students who were basically stunned, and several broke out crying, asking
just to be able to get utensils to eat their food, and the parents then went
to the principal, who attempted apparently, according to them, to cover the
whole incident up. And it's created quite a furor now as parents throughout
Queens and the Haitian leaders throughout the city are demanding that the
school's chancellor fire both the principal, who tried to cover up the
situation, and the assistant principal, who actually instituted this bizarre
punishment of these children. And it's touched a nerve in the Haitian
community because so many have felt over the years that their children are
not being properly dealt with in the public schools. So, it remains to be
seen exactly how the chancellor will deal with the situation.
AMY GOODMAN: Well, today, there is another protest that is going to be held
in front of P.S. 34 from 2:00 to 4:00, and we'll let people know what
happens as a result of this story.
Additionally:
http://electromagnet.us/dogspot/modules.php?name=News&file=article&sid=340
http://www.indybay.org/news/2005/04/1733918.php
http://www.cmaq.net/fr/node.php?id=20725
http://newswire.indymedia.org/pt/newswire/2005/04/822139.shtml
--
Jens Iverson
J.D. Candidate
UC Hastings College of the Law
http://HastingsHumanRights.org
http://HastingsToHaiti.org
Currently gratefully accepting help regarding:
* Summer 2005, NYC: Free housing and part time work
* Public International Law contacts and inspiration
* Informal music-making opportunities
* Legal ways to be filled with joy while doing well in law school
* An accurate, useful world view
http://groups-beta.google.com/group/HaitianPoliticalPrisoners
http://hastingshumanrights.org/
Nous ne sommes pas neutres, Nous essayons d'être objectifs RETOUR A HAITI
INFO.ORG <http://www.haitiinfo.org/indexhi.html>
SPECIAL YVON NEPTUNE
SPECIAL YVON NEPTUNE
["
>> We received the document below from Mr. Neptune, it explains his bitter
>> experience of Friday 22 April with the agents of the APENA transporting him
>> to Saint-Marc. The handwritten text not being completely readable, the
>> transcription was carried out by us."]
Nous avons reçu le document ci-dessous de Monsieur Neptune dans lequel il
explique son expérience amère du vendredi 22 avrill avec les agents de
l'APENA le transportant à Saint-Marc. Le texte manuscrit n'étant pas
totalement lisible, la transcription a été réalisée par l'expéditeur
Lè m te kite Primati a nan dat 12 mas 2004 rive jis 27 jen 2004, sous
ensekirite m se nan pouvwa a li te chita. Lè pouvwa a arete m nan dat 27
jen, jis jounen jodi a, non sèlman sous ensekirite m pa bò kote pouvwa a
ogmante e vin pi dirèk, men sa ki pi rèd, pouvwa a wete libète mouvman m,
ansanm ak libète pou m pale nan tout longè/lagè/fondyè konstitisyon bay dwa
swa a.
Grèv grangou mwen te tanmen apati dat 20 fevriye a, se te pou pouvwa a remèt
mwen libète m e sispann lakòz ensekirite m.
Akòz pwomès Pouvwa a te fè kidedwa kòm kwa li ta pral libere m, mwen te
aksepte kanpe sou grèv grangou a, epi al pran swen nan lopital Ajanten ki
anba bannyè Minustah/Nasyonzini.
Men m nan lopital sa a, mwen te kontinye anba ensekirite Pouvwa a, epi
pouvwa a te kontinye refize reban mwen libète m.
(Cliquez sur l'image pour voir les 2 pages du document manuscrit)
<http://www.haitiinfo.org/mannept.html>
Se poutèt sa, pandan m nan lopital Ajanten/Minustah, mwen t ap goumen pou
Nasyonzini pa foure m nan zatrap swadizan Vila nan Pako men pito egzije nan
men pouvwa a libere m epi tou, pou pouvwa sispann mennase lavi m. Se anfas
jwèt dilatwa ak koken pouvwa a, mwen te blije rekòmanse grèv grangou a pou
pi rèd, e ki ap rapousib nan Prizon Pako a, toujou pou libète m ak sekirite
m.
Mezanmi koute, nan dat 20 avril men enfòmasyon mwen te bay: ³ Š konplo sa a
se chache pa tout mwayen pou kenbe m nan prison pou plis tan posib, sa a se
youn, lòt la se trennen m kèlkeswa kondisyon an nan Sen Mak pou rapousib
politik imilyasyon anŠ ² Mezanmi koute: pandan m te deja sou 5 jou grèv
grangou total kapital, jedi apremidi 21 avril, ak garanti yo ban mwen anyen
p ap rive, Fòs Nasyonzini yo mennen m, kont volonte m, nan swadizan Vila
Prizon nan Ri Pako, tou pre Direksyon Jeneral ak Enspeksyon Jeneral Lapolis,
malgre mwen te montre Reprezantan Nasyonzini yo, se yon zatrap pouvwa de
fakto a mete pou l egzekite plan lanmò li gen pou mwen an. Sitou mwen te di
yo, grèv grangou a ap rapousib nan swadizan Vila Prizon an, toutotan mwen pa
libere.
Mezanmi : se konsa vandredi 22 avril granm ti maten, yon ekip 7 a 10 bouwo
mwen rekonèt nan sistèm prizon an debake sou mwen ak lòd pou yo kondi m Sen
Mak. Mwen santi vi m andanje anfas bouwo sa a yo; mwen di yo, mwen gen 5
jou mwen pa manje, ni bwè, e mande yo pou yo kite m anpè paske mwen fèb. Lè
yo ranmase ak fòs, mete m deyò epi seye minote m, mwen reziste pou lavi m, e
mwen mòde youn pami kokenn bra ki t ap fòse minòt nan ponyèt mwen.
Yo trenbale m Sen Mak. Mwen vomi fyèl mwen sou tout wout la. Rive Sen Mak
anyen pa fèt, swadizan Madan Cluny Pierre Jules, swadizan Jij enstriksyon an
te deklare li p ap vini, paske l pa t enfòme.
Lè Reprezantan Nasyonzini yo resevwa enfòmasyon nan ki kondisyon e nan ki
eta mwen twouve m Sen Mak, yo voye elikoptè yo vin chache m, mennen m
Pòtoprens, kote mwen resevwa swen nan yon anbilans Nasyonzini ki eskòte m
jis nan swadizan Vila Prizon an nan Pako.
Grèv grangou a ap rapousib, pou m rejwenn libète m an sekirite, e pou
pouvwa defakto a sispann mennase lavi m, pandan l ap kontinye pase diyite m
anba pye.
Yvon NÉPTUNE
Ansyen Premye Minis
Manm Fanmi Lavalas
Prizonye Politik
IACHR CALLS FOR GREATER INTERNATIONAL ACTION IN HAITI
April 25 2005
Press Release - Organization of American States
The Inter-American Commission on Human Rights (IACHR) has concluded a visit
to the Republic of Haiti at the invitation of the government of that
country. This visit took place between April 18 and 22, 2005. The delegation
was composed of Commission President and Rapporteur for Haiti Clare K.
Roberts, Commission attorneys Ismene Zarifis and Brian Tittemore, and OAS
Associate Staff Member and Romulo Gallegos fellow Ourania Georgoulas, and
was assisted for part of its visit by OAS Associate Staff Member and
University of Quebec at Montreal Law Professor Bernard Duhaime.
The aim of the Commission¹s visit, its first in 2005, was to obtain general
information concerning the current human rights situation in Haiti,
particularly in light of elections that are scheduled to take place at the
end of this year, and to build upon the Commission¹s previous work in the
country on the issue of administration of justice. Based upon the
information gathered, the Commission considers that there is an urgent need
for greater action on the part of the international community, and
corresponding cooperative efforts by the government of Haiti, to address the
most pressing issues of insecurity, deficiencies in the justice system, and
fundamental inadequacies in health care, employment, and education. At the
same time, a foundation must be established for longer term initiatives in
these areas by the new government that is expected to take office in early
2006.
During the visit, the Commission met with representatives of the Haitian
government and members of civil society as well as representatives of
international organizations. The Commission met with the President of the
Republic, Mr. Boniface Alexander, the Prime Minister, Mr. Gérard Latortue,
the Minister of Foreign Affairs and Worship, Mr. Hérard Abraham, the
Minister of Justice and Public Security, Mr. Bernard Gousse, the Minister of
the Interior, Territorial Collectivities and National Security, Mr. Georges
Moise, the President and Judges of the Supreme Court of Haiti, the
Vice-President and Judges of the Court of Appeal of Haiti, the President and
Registrar of the Court of First Instance of Haiti, and the Chief Prosecutor
of Port-au-Prince. The Commission also met with the Inspector General of the
Haitian National Police, Mr. Franz Jean François, the Chief of Cabinet of
the Director General of the Haitian National Police, Mr. Max Jacques Louis,
and the Ombudsman of Haiti, Mr. Necker Dessables, as well as representatives
of the Provisional Electoral Council and the Conseil des Sages. In addition,
the Commission held discussions with representatives of different sectors of
civil society, including a wide variety of national nongovernmental
organizations, women¹s organizations and the association of magistrates, and
representatives of international nongovernmental associations including the
International Crisis Group and the International Committee of the Red Cross.
In addition, the Commission met with staff of the OAS Special Mission in
Haiti, the Head of the United Nations Stabilization Mission in Haiti
(MINUSTAH), Ambassador Juan Gabriel Valdes, and other MINUSTAH officials,
including representatives from its human rights section. Further, the
Commission delegation visited the National Penitentiary in Port-au-Prince.
At the beginning of its visit, the Commission conducted a training seminar
on the inter-American human rights system with officials and functionaries
from various government ministries and agencies and, with the support of the
Prime Minister and the Minister of Foreign Affairs, set the groundwork for
the establishment, of an inter-ministerial working group to coordinate the
Haitian State¹s international human rights responsibilities. As a complement
to this initiative, the government expressed its commitment to ratify the
remaining treaties of the inter-American human rights system, a measure that
will further assist in consolidating the protection of fundamental rights
and the rule of law in Haiti.
The Commission¹s main concern at the conclusion of this visit relates to
the lack of control over security in the country, which has deteriorated
markedly since the Commission¹s last on-site visit in September of 2004.
Prior to and during this visit, the Commission collected information
indicating that thousands of weapons remain in the hands of illegal armed
groups, gangs, and other unauthorized persons. The Commission found that no
systematic or comprehensive disarmament initiative has yet been undertaken
and encourages the rapid implementation of the disarmament, demobilization
and reintegration program. At the same time, the Haitian Police Force
remains seriously understaffed and continues to lack sufficient training in
order to carry out its role of providing security effectively. For example,
estimates of the total number of police in the country remain between 3,000
and 5,000 for a total population of over 8 million, and the police force
lacks sufficient essential equipment such as vehicles and firearms. Largely
as a consequence of this volatile situation, it is estimated that since
September 30, 2004, over 600 people have been killed, including 19 police
officers. Kidnappings, carjackings and other episodes of violence are
rampant, particularly in the capital of Port-au-Prince, and incidents of
arbitrary killings by the police have also been reported. While cooperative
efforts between MINUSTAH and the police have had some success against armed
groups in recent months, it remains apparent that these efforts are
insufficient and must be expedited and expanded. The Commission emphasizes
the State¹s obligation to guarantee the safety of its population and to
ensure their right to judicial protection. The Commission calls upon the
Haitian Government, in collaboration with the international community, to
take the urgent steps necessary to ensure the security of the people of
Haiti.
The security situation has also exacerbated problems with the
administration of justice. The proliferating violence has added to the
onerous work load of the police, judges lack the protection necessary to
perform their duties without fear of threats to their physical integrity,
and court facilities in some precarious areas have been forced to close.
Further, two disturbances in the country¹s National Penitentiary in December
2004 and February 2005 resulted in the escape of approximately 491
prisoners, most of whom remain at large. The longstanding problem in Haiti
of the prolonged detention of individuals without charge or trial also
remains a grave issue. According to a November 2004 report by the Office of
the Ombudsman, an average of approximately 90% of individuals held in
detention centers in Haiti¹s 10 geographic departments have not been tried
or convicted. For instance, the Commission visited the National Penitentiary
and discovered that of the 1,054 inmates in the prison only 9 were convicted
of any crime. During its visit, the Commission was informed that some
efforts have been taken to address this problem, such as scheduling
additional afternoon hearings before magistrates in criminal cases. At the
same time, it is apparent that more immediate and vigorous measures are
necessary to confront this crisis, as are additional resources and other
assistance from the international community. In this respect, the Commission
emphasizes the State¹s obligation to guarantee the right of all persons
within its jurisdiction to due process which includes the right to know the
charges against them and to be tried within a reasonable time. The State
also has an obligation to end impunity for all human rights abuses through
demonstrably fair and effective procedures that conform to international
standards. The Commission therefore calls upon the government, in
cooperation with the international community, to take the urgent measures
necessary to have the legal status of all persons in detention judicially
reviewed and clarified as to guarantee their right to due process under
domestic and international law.
The violence in Haiti continues to have a severe effect on the local
population and has exacerbated the already desperate situation of women and
children in the country. According to members of civil society, women and
girls continue to be the victims of sexual violence by members of armed
groups, gangs and others with impunity. Women in detention are held for
prolonged periods and in inhumane conditions. While the Commission welcomes
information indicating that a law has now been decreed in Haiti that renders
rape a crime, it also emphasizes the need to enforce this law through
effective investigation, prosecution and punishment. The volatile security
situation has also continued to present dangers to human rights defenders,
members of the media, and others involved in securing respect for
fundamental rights and democratic governance. In recent months, the
Commission has received numerous reports of threats and attacks against
members of nongovernmental organizations and the media, including the murder
of journalists. In this respect, the Commission reiterates the need for the
State to take concrete steps to prevent conduct of this nature, including
the effective investigation and prosecution of complaints of such acts.
Also of concern to the Commission are the threats that widespread violence
in the country pose to the elections scheduled to take place in October and
November of this year. A secure environment for political debate,
campaigning and voting is essential for free and fair elections to take
place. Urgent measures must therefore be taken to suppress the violence and
to ensure that arrangements for elections proceed expeditiously, including
completing the registry process and facilitating other preparations by the
Provisional Electoral Council. In this connection, the Commission was
pleased to learn of the creation of a national identity card that will not
only permit Haitians to vote, but will also provide them with identification
for other pertinent purposes, thereby giving effect to the right of all
persons to an identity. Further, the Commission is hopeful that the National
Dialogue process, which commenced approximately two weeks ago, will succeed
in moving all Haitians, including its various political groups, beyond
confrontation and toward reconciliation, which is essential to the future
prosperity of the country.
Finally, the Commission emphasizes that respect for the fundamental civil
and political rights of the Haitian people cannot be achieved fully without
corresponding efforts to address the severe social and economic problems in
the country, including poverty, lack of access to adequate health care,
unemployment and illiteracy. In this regard, the information received by the
Commission indicates that more than 80% of the populations in Haiti live
below the poverty line and more than two-thirds of the labor forces do not
have formal jobs. The conditions of health care are substandard and only 53%
of the total population are considered literate. The Prime Minister informed
the Commission that despite these desperate conditions, only 10% of the
approximately US $1.4 billion pledged by donors in 2004 was actually
disbursed. In this context, the international community, including Member
States of the OAS, with the collaboration of the Haitian government, must
make every effort to ensure the funds and other resources pledged to Haiti
are delivered and distributed on an urgent basis. By releasing pledged
funds, the most immediate state functions such as education, health care and
employment creation, as well as security and the proper functioning of the
police and the courts, can be addressed. Haiti must be provided with the
capacity to ensure its stability and prosperity in the longer term.
This press release will be followed by a preliminary report of the
Commission¹s findings, which will be issued shortly after the delegation¹s
return to Washington.
The Commission wishes to express its appreciation to the Government and
people of Haiti for the cooperation, facilities and hospitality provided in
the course of the Commission¹s visit, to the OAS Special Mission for its
crucial assistance in organizing and executing the visit, to MINUSTAH for
its security support, and to the nongovernmental organizations, civil
society institutions, and international organizations concerned for their
valuable participation in the Commission¹s activities.
http://www.harolddoan.com/modules.php?name=News&file=article&sid=2267
Democracy Now!
http://www.democracynow.org/
April 25, 2005
Fomer Haitian Prime Minister Beaten in Prison as Interim Government
Prepares to Charge Him in Connection with Political Killings
download the Show [mp3, 27 MB]:
http://www.archive.org/download/dn2005-0425/dn2005-0425-1_64kb.mp3
To listen Listen to the segment, watch a 128k or 256k stream go to:
http://www.democracynow.org/article.pl?sid=05/04/25/1342232
The US-backed interim government of Haiti is preparing to charge
former Prime Minister Yvon Neptune with having a role in a series of
political killings in the town of St. Marc. in February 2004.
Meanwhile, his family says he was badly beaten on Friday. We speak
with a friend of Yvon Neptune, Jean-Jean Pierre. [includes rush
transcript]
The US-backed interim government of Haiti is preparing to charge
former Prime Minister Yvon Neptune with having a role in a series of
political killings in the town of St. Marc in February 2004. Neptune
served as prime minister under Jean Bertrand Aristide who was ousted
last year in what he calls a modern-day kidnapping in the service of
a coup d'etat backed by the United States. He has denied the
accusations and has refused legal representation because he believes
his prosecution is illegitimate and illegal. This according to Brian
Concannon of the Institute for Justice and Democracy.
Neptune's family says he was badly beaten on Friday as he was taken
to a court in Saint Marc to be charged.
Neptune's indictment comes four days after officials charged former
Interior Minister Jocelerme Privert in the St. Marc killings. Neptune
and Privert had been among dozens of former government officials who
had been jailed without charge since Aristide's ouster.
Interview with Jean-Jean Pierre, friend of Yvon Neptune.
RUSH TRANSCRIPT
AMY GOODMAN: We are joined now on the phone by Jean-Jean Pierre, a
friend of Yvon Neptune. Welcome to Democracy Now!
JEAN-JEAN PIERRE: Thank you, Amy.
AMY GOODMAN: Can you give us the latest -- we only have a few minutes
-- but the latest on what you understand happened to the former prime
minister, Yvon Neptune, on Friday morning?
JEAN-JEAN PIERRE: Well, after a month stay at a hospital run by the
U.N., on Thursday, this past Thursday, Yvon Neptune was transferred
to an annex of the prison, still run by the -- conjointly by the --
I¹m sorry, jointly by the U.N. and the Haitian police on Thursday. On
Friday morning, 4:00 in the morning, was taken by force to St. Marc,
but he resisted, because he wanted his attorney first. He didn't want
to be tried, at least to be heard in St. Marc because, as you aptly
said, he has not been charged. So this is preventive imprisonment,
and it's been a year now. And in the process, he resisted and
apparently even bit someone who hit him, and that's when they
tortured him. They beat him up simply because that is traditionally
the reaction of Haitian police. Very -- the U.N. -- by the way, it¹s
the U.S.-trained Haitian police. If you know, according to Small Arms
Survey, an independent group, the U.S. just spent $6 million arming
this police, which is accused of human rights violations. So, it's so
badly that when he arrived at St. Marc, that the U.N. now picked him
up from -- by helicopter because when he went there, it was by car.
And it's a treacherous road going to St. Marc, two-and-a-half hours,
and the guy was already six days into his hunger strike. So today,
this is the eighth day. He has not drunk any liquid, has not eaten
and his wife and other relatives to whom I spoke late last night told
me that in two days he will probably get into a coma, if this
continues, if the situation remains. So, I think this is an S.O.S.,
and I think the U.N. will be directly responsible, as well as the
White House, for not only orchestrating a coup, not only keeping an
illegitimate government on, but also for creating a situation where
these people feel with impunity, the de facto government in Haiti
feel with impunity, they can arrest people without charging them. And
I believe it's not only Yvon, it¹s, as you said, So Anne, another
Lavalas artist.
AMY GOODMAN: The musician. But just as we have 30 seconds now on Yvon
Neptune, has he been charged with orchestrating the political
killings in St. Marc?
JEAN-JEAN PIERRE: Well, he has not been charged actually, because he
has never appeared before a judge to be formally charged, but the
police, the reason they -- they arrested him illegally, by the way.
According to the Constitution, you cannot arrest someone after 6:00
p.m. It's because there were two gangs pro and against Aristide
fighting in St. Marc, and there was some killings from both sides,
but these people wanted to humiliate Yvon, but also they wanted to
prevent him from taking part of the next presidential elections. I
think that is the main reason.
AMY GOODMAN: Jean-Jean Pierre, I want to thank you for being with us.
We'll continue to follow the story this week.
To purchase an audio or video copy of this entire program call
1 (800) 881-2359.
Haiti's former premier to appear in court after move from prison
Monday, April 25, 2005
PORT-AU-PRINCE, Haiti (AFP): Former Haitian prime minister Yvon Neptune,
imprisoned since last year for alleged involvement in a 2004 massacre, was
taken Friday to appear in court in the town where the massacre took place,
according to UN officials and a lawyer involved in the case.
Neptune, who served as prime minister under deposed leader Jean Bertrand
Aristide, was moved to Saint-Marc in western Haiti Friday for hearings in
the case of the February 2004 massacre of opponents of Aristide's regime,
they said.
Neptune had been imprisoned in Port-au-Prince since June 2004 for alleged
responsibility in the Saint-Marc massacre, which left around 50 people dead
or missing.
He was recently treated in a military hospital following a weeks-long hunger
strike to protest the conditions of his detention, according to his lawyer,
Samuel Madistin.
After being discharged from the hospital, Neptune was placed under guard at
a secret location.
Last week, following its meeting in Haiti, the UN Security Council called
for the country to expedite judicial proceedings, including Neptune's case.
AHP April 21, 2005 3:15 PM
Law students at Hastings College of the Law lodge a complaint before the
CIDH in the name of former Prime Minister Yvon Neptune
San Francisco, April 21, 2005. Law Students at the Hastings College of the
Law of California University lodged a complaint together with Haitian and
American lawyers, before the Inter American Commission of Human Rights
(CIDH) in the name of former Haitian Prime Minister Yvon Neptune. Haiti has
been living an unstable political situation since the Coup d¹état that
overthrew President Aristide in February 2004. Yvon Neptune, who was the
last constitutional prime minister of Haiti, has been illegally held in
prison since June 2004.
Mr. Neptune has been deprived from his freedom for almost a year and was
never heard before a judge, despite the constitutional constraint that
demands that a detainee is not kept over 48 hours without judicial
authorization.
«Mr. Neptune¹s extended detention has put his life in great danger, » one
law student at Hastings, Kate Orlovsky, explained. « He escaped at least two
murder attempts, as well as a massacre at the central prison. Last February
20th, to protest against his extended detention and his bad conditions of
detention, he began a hunger strike that ended at the hospital, she
recalled.
In their complaint, the students demand an immediate action by the CIDH in
order to prevent a greater threat on Mr. Neptune¹s life. On top of
demanding Mr. Neptune¹s immediate release from his illegal detention, the
petition demands an international surveillance and supervision of Haitian
prisons.
The CIDH will end this Friday a 4-day mission in Haiti where it observed the
situation of human rights. In parallel, the member of the Chamber of
Democrat Representatives of California Maxine Waters demanded Yvon Neptune¹s
immediate release and without condition. «He never committed any crime and
the unfounded accusations against him are simply attempts to take away any
chances of being designated as a candidate to presidency.
M. Neptune is accused by two organizations known to be close to the
government, the NCHR and the RAMICOS, of being involved in a massacre that
was reportedly committed at the Scierie (Saint-Marc). Leader of the NCHR,
Pierre Espérance declared that the 50 persons who were killed in the
so-called massacre were all reportedly eaten by hungry dogs.The imprisonment
and murder of Lavalas members is a tactic used by the illegitimate
government to keep them away from the electoral course next November. To
have true democracy in Haiti, we must make sure that members of the Lavalas
party, including Prime Minister Neptune, can participate fully and without
compromises², the complaint also declared.
For his part, Bill Fletcher Jr., President of the TransAfrica Forum
underlined that the case of Prime Minister Neptune is nothing but a large
comedy.
AHP April 21, 2005 12:45 PM
22 April 2005
Congresswoman Waters
2344 Rayburn House Office Building
Washington, D.C. 20515
Dear Congresswoman Waters,
On Friday, 1 April 2005 I visited for about twenty minutes with the former
Haitian Interior Minister and now political prisoner M. Jocelerme Privert in
his hospital room at Canape Vert hospital in Port au Prince, Haiti. He
appeared to be emaciated but - considering that he has been on a protracted
hunger strike - he also appeared to be in reasonably good physical health.
Understandably, he is EXTREMELY upset at having been (illegally, he says)
detained for almost one year without trial or due process.
I'm not in the habit of visiting political prisoners. My encounter with Mr.
Privert was quite serendipitous. I must say that it was really upsetting to
me to come face to face with a genuine political prisoner who appears to
have been deprived of his rights in a major way.
The international community and the Bush administration have claimed to be
acting in the interest of the re-establishment of freedom and democracy in
Haiti. So what on earth is going on with the government in Port au Prince?
I see from postings on www.lethaitilive.org that extremely serious charges
have (finally) been lodged against Privert. I know very little about the
situation, but I must say I smell a rat. Given the current conditions in
Haiti, I'm very concerned that the gentleman will not get anything
resembling a fair and open trial in an impartial court of law.
I know you have a special interest in matters relating to Haiti. I urge you
to redouble your efforts in pursuit of a decent future for this embattled
republic. And please keep an eye on the Privert case.
All the best,
Sincerely yours,
Nicholas D. Wolfson
www.nicholaswolfson.com
Nicholas Wolfson
175 West 79th Street
Apt 6A
New York, NY 10024 usa
212-873-0613
nwol...@compuserve.com
Haiti's Aristide Calls For His Restoration to Power
<http://www.democracynow.org/article.pl?sid=05/04/21/1418214>
JUAN GONZALEZ: Ousted Haitian President Jean-Bertrand Aristide held a rare
press conference Tuesday in South Africa where is he living in exile. He
maintained that he is still the elected president of Haiti, despite being
ousted 13 months ago in what he calls a modern day kidnapping in the service
of a coup d¹etat backed by the United States. During the press conference,
Aristide addressed the continued violence and repression in Haiti.
JEAN-BERTRAND ARISTIDE: Today in 2005, who can expect free, fair and
democratic elections in Haiti with thousands of Lavalas in jail, exile and
hiding? To repair the tragic mistake of the February 2004 kidnapping and
coup d¹etat and reverse the disastrous events that it unleashed, the
following steps must be taken. One, thousands of Lavalas who are in jail and
in exile must be free to return home. Two, the repression that has already
killed over 10,000 people must end immediately. Three, then there must be
national dialogue. Four, free, fair and democratic elections must be
organized in an environment where the huge majority of Haitian people is
neither excluded nor repressed as they have been up until today. The
continued peaceful demonstrations calling for my return and the restoration
of constitutional order must be heard. Racism should not maintain a black
holocaust in Haiti, where African descendants proclaimed their independence
200 years ago. What an historic paradigm for all nations.
AMY GOODMAN: Ousted Haitian President Jean-Bertrand Aristide, speaking in a
rare news conference Tuesday in South Africa, where he is in exile.
Meanwhile, law students at the University of California, Hastings, along
with Haitian and U.S. attorneys, have filed a petition with the
Inter-American Commission on Human Rights on behalf of Haiti's former prime
minister, Yvon Neptune. Neptune was jailed in June 2004 and has yet to see a
judge in his case. We're now joined by one of the students who filed that
petition, Kate Orlovsky. She is the student director of the Hastings Human
Rights Project for Haiti. And in our Washington, D.C. studio, we are joined
by democratic Congress member Maxine Waters of California. And we welcome
you both to Democracy Now! We want to begin --
REP. MAXINE WATERS: Good morning.
AMY GOODMAN: Good to have you with us. Congress member Waters, what is the
significance of this news conference that President Aristide has held?
REP. MAXINE WATERS: First of all, I am so pleased to have had President
Aristide hold this press conference. It shows that he is still focused on
his homeland, that he believes in free and fair elections. He is calling for
the return of those Haitians in exile. He is basically laying out the kind
environment that must exist in order for -- to have democracy in Haiti.
JUAN GONZALEZ: Well, Congress member, I'd like to ask you, in terms of --
the Bush administration had said, before the coup against President
Aristide, had said that Haiti was in virtual chaos, yet we have seen
actually since the coup increases in killings and political murders and
jailings. What's your reaction to the aftermath now over the last year?
REP. MAXINE WATERS: Well, first of all, this administration does not care
about Haiti. That coup d¹etat was plotted and planned with Noriega, from
this administration, and Andy Apaid, who heads a Group of 184, and people
who have a interest, monetary interests in Haiti, that want to protect cheap
labor, the ability to run those factories again for little or no money paid
to the Haitians there, to ship those goods here and across Europe for
profits. And so, this administration not only has not cared, it has been
proven that President Aristide, despite the fact he did not get the
assistance from the international community that was promised, was doing a
pretty darn good job of holding that country together. Since he has been
gone, it has been nothing but chaos and mayhem and murder, the killing of
Lavalas members. It is absolutely chaotic in Haiti since they drove him out
of office.
AMY GOODMAN: We're also joined on the phone by Kate Orlovsky of the
Hastings Human Rights Project for Haiti at the University of California,
Hastings. Can you talk about what you have filed with the international
body, Commission on Human Rights?
KATE ORLOVSKY: Sure. What we have filed is a commission on behalf of Mr.
Neptune that charges the interim government of Haiti with violations of the
Haitian Constitution and the American Convention on Human Rights,
specifically the violation of his right to humane treatment and his right to
personal liberty and his right to a fair trial. And because only states can
bring cases before the Inter-American Court of Human Rights, this petition
asks the Commission to bring the case on behalf of Mr. Neptune, and it also
makes an urgent request for provisional measures based on grave threats to
his life.
AMY GOODMAN: Congress member Waters, you visited Yvon Neptune in the
national penitentiary just a few weeks ago, the former Prime Minister of
Haiti. Can you talk about his condition?
REP. MAXINE WATERS: Yes. I was very, very concerned after visiting with
him. He was weak. He spoke barely above a whisper. He was very thin, and I
thought he was sinking into depression. I was afraid that should he remain
in that penitentiary, he would certainly die, and I think that's what this
interim government wanted to happen. And I was very pleased that I was able
to bring attention to his condition, and he was moved to the hospital where
now he has a chance of living. I'm just delighted about this lawsuit that is
being filed by these students. I think this is very much needed, and it may
go a long way toward not only continuing to help save his life, but perhaps
freeing him; but of course, if he is freed, his life will be in danger. This
government must take responsibility for helping to normalize Haiti, to
helping to get rid of the violence in Haiti. The U.N. must take
responsibility. The United States, Canada, and France, all who supported the
coup d¹etat must take responsibility to normalize Haiti, to get rid of this
violence, and to open the way to fair and free elections.
AMY GOODMAN: Congress member Waters, we'd like to ask you to stay with us.
We have to go to break for 60 seconds.
REP. MAXINE WATERS: Yes.
AMY GOODMAN: Congress member Waters, in the studio in Washington, recently
visited the former Prime Minister of Haiti, Yvon Neptune, in prison in
Port-Au-Prince, Haiti.
[break]
AMY GOODMAN: We¹re talking about the latest situation in Haiti with
Congress member Maxine Waters of California who has championed this issue
for over the last year since the Aristides were ousted from power on
February 29, 2004. President Aristide, saying from the place that he was
flown off to, the Central African Republic by -- with the U.S. military and
security, saying he was the victim of a modern kidnapping in the service of
a coup d¹etat backed by the United States. We're also joined on the line by
Kate Orlovsky of the Hastings Human Rights Project for Haiti, a student who
has filed a petition on behalf of the ousted Prime Minister, Yvon Neptune,
who¹s in prison in Haiti right now, has been there since June 2004. Congress
member Waters, has Yvon Neptune ever seen a judge?
REP. MAXINE WATERS: No. As a matter of fact, he¹s not been formally
charged. These trumped up charges by the Minister of Justice and Latortue,
the puppet leader of Haiti, are just that, they're trumped up charges with
no no basis for him being jailed. No facts. They simply accuse him of
having been in a location where, following his having been there, after he
left, supposedly some killings took place. Even that, whether or not people
were killed, is in question. So, no, he¹s not been able to have an attorney.
Nor has he been formally charged. It's just an absolute outrage.
JUAN GONZALEZ: What about the role of the United Nations in Haiti, the
peacekeepers that are in there, and the possibility for any kind of
elections that would be fair and democratic occurring in the country under
these conditions?
REP. MAXINE WATERS: Well, I think that the U.N. troops are just now
beginning to exercise some authority. I think that the mission was unclear,
that they did not have clear direction. For most of the time that they¹ve
been there, they¹ve had a hands-off policy mostly on the violence that was
going on. Recently, they¹ve started to exercise more authority, and I¹m very
pleased that they helped to provide some security for me when I went there,
along with the ambassador who helped to provide security for me to get to
the penitentiary. But we¹ve got to be clear about what their charge is and
what their mission is. They¹ve got to be directed by the U.N.; but
certainly, this country is not ready for any elections at this point and
will not be for a long time to come. So, I am not at all enthusiastic about
the so-called planning that is going on, planning in the absence of a
clear-cut plan to make sure that the violence is gotten rid of just doesn't
make any sense to me.
AMY GOODMAN: I wanted to go back for a minute to our guest on the telephone
from University of California, Hastings. Why you got involved with this? Why
this group of students from U.C. Hastings are involved?
KATE ORLOVSKY: Well, the reason that we got involved, first of all, there
are a number of students who wanted to gain practical experience in
international human rights, and second, we have as a school a relationship
with Haiti. There are a number of us who have just returned from Haiti. We
went there in March on a totally different matter, but to participate in an
academic conference with a law school there, and Hastings has had this
relationship with this law school in Haiti for about five years now. And so,
there is a personal connection there with the students and with the
professors, and a lot of us feel very strongly about the country and about
what happens there. And then the third thing that really made this possible
was the support of Brian Concannon and the Institute for Justice and
Democracy in Haiti, and Brian is a human rights attorney who I think you're
probably familiar with, and the Institute for Justice and Democracy is doing
some of the best work along with the Bureau Des Advocats Internationaux in
Port-Au-Prince on behalf of political prisoners in Haiti. So, Brian was
willing to work with us, and he has been -- We absolutely could not have
done this without him and without the support of our professors. So they¹ve
all made it possible for us.
AMY GOODMAN: Last question for Congress member Waters: What are you doing
about this in Congress? Is the Congressional Black Caucus involved at all?
MAXINE WATERS: Well, we always have been involved at every point of trying
to make sure that we disseminate information about what is going on. The
most difficult problem has been, we don't get good press reports out of
Haiti; and so trying to keep the members of Congress informed, the American
public informed, has been a very difficult challenge and a very difficult
chore. I continue to stay in touch with the ambassador there. I write
letters to the State Department now to Condoleezza Rice. I kind of stay on
the case, and I keep them reminded at all times that I'm watching, I'm
working, I¹m looking. I stay connected with CARICOM. I stay connected with
President Aristide and people like Brian Concannon, and we hold meetings
from time to time here in Congress. And we try to make sure that the truth
is told. So, we continue to work in every way that we possibly can to try
and bring real democracy to Haiti --
AMY GOODMAN: Congress --
MAXINE WATERS: -- and to try and get Yes?
AMY GOODMAN: I just wanted to thank you very much for being with us.
MAXINE WATERS: You're welcome.
AMY GOODMAN: Congress member Maxine Waters speaking to us from Washington,
D.C., and Kate Orlovsky of the Hastings Human Rights Project for Haiti in
California. We wanted to turn for a moment, Juan, to a piece you did in the
New York Daily News, to a local issue that involves Haitian students in New
York. Can you tell us what happened just a few week ago?
JUAN GONZALEZ: Yes. Well, I reported last week that about a month ago at a
public school in Queens, New York, there was an incident that has really
outraged the very large Haitian community here in New York in that in a
public school, you know, a normal fight broke out between a couple of
Haitian students who were in a bilingual class, and there was an incredible
reaction by a local assistant principle there, who basically tried to punish
all 13 Haitian children in this class by having them sit on the floor of the
school cafeteria during lunchtime in front of all of the other students, eat
their chicken and rice lunch with their fingers, not allowing them to have
any utensils, and then told them, ³They treat you like animals in Haiti, and
that's how I'm going to treat you here.² According to several of the
students who were basically stunned, and several broke out crying, asking
just to be able to get utensils to eat their food, and the parents then went
to the principal, who attempted apparently, according to them, to cover the
whole incident up. And it's created quite a furor now as parents throughout
Queens and the Haitian leaders throughout the city are demanding that the
school's chancellor fire both the principal, who tried to cover up the
situation, and the assistant principal, who actually instituted this bizarre
punishment of these children. And it's touched a nerve in the Haitian
community because so many have felt over the years that their children are
not being properly dealt with in the public schools. So, it remains to be
seen exactly how the chancellor will deal with the situation.
AMY GOODMAN: Well, today, there is another protest that is going to be held
in front of P.S. 34 from 2:00 to 4:00, and we'll let people know what
happens as a result of this story.
Additionally:
http://electromagnet.us/dogspot/modules.php?name=News&file=article&sid=340
http://www.indybay.org/news/2005/04/1733918.php
http://www.cmaq.net/fr/node.php?id=20725
http://newswire.indymedia.org/pt/newswire/2005/04/822139.shtml
--
Jens Iverson
J.D. Candidate
UC Hastings College of the Law
http://HastingsHumanRights.org
http://HastingsToHaiti.org
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