Human Rights in Haiti - September 2001 Report

	On the occasion of the 10th anniversary of the September 30, 1991 coup d'etat, President Aristide revealed publically for the first time that the Government of Haiti has had the FRAPH documents in its possession since March 2001. The Government of Haiti is first and foremost accountable to the Haitian people, and had a solemn duty to inform its citizens that it had, in fact, resolved its contention with the US Government over these documents and provide them with the terms of this resolution.  President Aristide should make these documents accessible without delay to the victims of the coup d'etat and to the organizations who have sought to defend their rights in the interim, particularly in the interests of those who wish to pursue legal action against those they charge with crimes or abuses of power. What follows is a brief update on the human rights issues and incidents taking place in Haiti during the month of September 2001.

Human rights advocates were active during the month of September as a series of events and fundamental human rights violations continue to plague the country.

September was marked by the remembrance of significant dates in Haiti’s violent past.  September 11 marked the 13^th anniversary of the massacre at President Aristide’s former parish, St. Jean Bosco, where thirteen (13) people were murdered and seventy-seven (77) others injured.  The last day of the month commemorated the ten (10) year anniversary of the bloody coup d’état of 1991, which overthrew a newly elected president, Father Jean-Bertrand Aristide.

Jean Dominique Murder Investigation

The president of the Senate announced the creation of a parliamentary commission to study Judge Gassant’s request to lift the parliamentary immunity of Senator Dany Toussaint.   The commission is composed of seven (7) senators, all of who have been contested in the May 21, 2000 elections, and all of who are Fanmi Lavalas. (The senate of the 47^th seat of parliament is unique in that it is entirely composed of members from a single political party, namely the Fanmi Lavalas.)

Massacre at Guaybin June 18, 2000

Justice for the victims of the Guabyin Massacre may finally be realized as a court marshall heard the case of four (4) Dominican military personnel implicated in the murders of June 18, 2000.  A second court date has been set for December 5, 2001.  Human rights organizations on both sides of the border have been instrumental in putting pressure on their respective governments to see that justice is served in this case.  Six (6) Haitians and one (1) Dominican were killed last year as a van filled with Haitians tried to illegally enter the Dominican Republic.

General Situation

The month began with more political crisis as both the Minister of Education and Prime Minister Chérestal handed President Aristide letters of resignation.  After a period of eight (8) days, Chérestal resumed his post, despite continued allegations of fraudulent activity.

Freedom of expression and thought continues to be under attack as opposition members in the South East region of Haiti complain of continued physical aggression and threats made by Lavalas supporters, primarily from members of OP.   Witnesses claim that some of the perpetrators of the attacks are judicial and local elected officials. In a separate incident, police in Port-au-Prince arrested four (4) OP members who were distributing slanderous tracks against the Minister of Justice and Prime Minister Chérestal.

Such events have served to deepen the chasm between the ruling Lavalas and the Opposition, making negotiations virtually impossible.

Human rights organizations were given a small glimmer of hope this month as the government appears to be proceeding with an investigation into the St. Jean Bosco Massacre of 1988.  Following a compelling press release from NCHR, Minister of Justice Gary Lissade assigned a new Investigating Judge to handle the case.

The disturbing practice of lynching and burning is on the rise across the country with several more cases reported this month.   Two (2) suspected criminals were lynched and burned because of an alleged involvement in the death of two (2) peasants.  In another incident a mob attempted to take justice into their own hands in dealing with two (2) Jamaicans accused of drug trafficking.  Local authorities prevented serious harm to the Jamaicans who are now in police custody.

These horrific cases have not been limited to Haiti’s rural countryside.  A suspected thief was executed in the heart of Port-au-Prince by a crowd of people.  As the situation began to escalate, police arrived on the scene and restored some semblance of order.  Witnesses say the police then stepped back and observed.  Shortly thereafter, the police left.  The crowd began stoning the suspect until one person in the crowd pulled out a gun and shot the suspect in the head.  A few minutes later the police returned to collect the body.

Human rights organizations continue to be concerned with the situation of Haitian deportees.  Earlier this month the American coast guard off the coast of Miami arrested and deported ten (10) boat people.  Since January of this year, the number of deported Haitians has reached more than 3000.

Following up on last month’s illegal raid on the headquarters of KID (Konvansyon Inite Demokratik), Judge Gassant continued to meet resistance from judicial authorities.  The Doyen of Port-au-Prince wrote to the Commissaire du Gouvernement requesting that he ignore all ordinances issued by Judge Gassant.  The Commissaire du Gouvernement complied with the request, refusing to execute the ordinances that Gassant had filed.  Gassant requested to meet with the members of KID who were being detained in prison. 

The Doyen claimed that Gassant did not have the authority to handle the case, and contented that Gassant was given the case by mistake.  In return, Gassant accused the Parquet of violating the law, blocking the case by not allowing the accused to meet with him.  After further discussion and a meeting before the Commissaire du Gouvernement, the remaining four (4) KID members in custody were later released.