Haiti Democracy Project

www.haitipolicy.org

Press Freedom
PRESS RELEASE
11 January 2002 HAITI
Request for sanctions to be imposed on twenty-four Haitian officials

Concerned at the impunity that the authors of acts of violence against journalists enjoy in Haiti, the Damoclès Network, an association fighting against impunity and Reporters Without Borders (RSF- Reporters sans frontières) request the European Union and the United States Congress to impose individual sanctions on twenty-four Haitian officials. Those officials by omission are blocking inquiries aimed at shedding light on those responsible for the assassinations of two journalists, Jean Dominique and Brignol Lindor.

The personal sanctions requested are of two types: refusal of visas to these individuals and their families to enter and transit the European Union countries and the United States; and the freezing of all their funds held abroad. These measures are all the more vital as the impunity that reigns in these two cases is systematically being upheld as a strategy by the authorities to muzzle journalists that are considered to be too critical of the government.

Please, find herewith a copy of the letter sent to :

- Josep Piqué, Spanish Minister for Foreign Affairs, in charge of the European Union presidency.

- Colin Powell, Secretary of State.

- Joseph R. Biden Jr. and Henry J. Hyde, respectively Chairman of the Senate Committee on Foreign Relations and Chairman of the House of Representatives committee on foreign relations.

- Christopher J. Dodd and Elton Gallegly, respectively Chairman of the Senate Subcommittee on Western Hemisphere affairs and Chairman of the House of Representatives Subcommittee on Western Hemisphere affairs.

Mr.Colin L. Powell

Secretary of State

U.S. Department of State

Washington, D.C. 20520

United States of America

Paris, 11 January 2002

Sir, The Damoclès Network, an association fighting against impunity and Reporters sans frontières (RSF - Reporters without Borders), an international organisation that defends press freedom request the Cabinet of the European Union and the United States Congress to impose individual sanctions on Haitian officials and politicians who by omission hinder all inquiries aimed at shedding light on the assassinations of Jean Dominique, director of Radio Haiti Inter, assassinated on the 3rd of April, 2000 and Brignol Lindor, a journalist working for Radio Echo 2000, assassinated on the 3rd of December, 2001. The two organisations are extremely concerned that the impunity that reigns in these two cases is being pursued as a strategy by the authorities to muzzle journalists that are considered to be too critical of the government.

The attacks being carried out against press freedom are systematic. In 2001 alone, forty journalists were attacked or threatened. Those responsible for these acts of violence, in most cases partisans of Fanmi Lavalas (currently in power), were not charged. Over a dozen journalists have also been forced into exile. On the 3rd of December, the journalist Brignol Lindor, news director of the radio station Radio Echo 2000, a private station in Petit-Goâve, was killed by stones and machetes. On the 30th of November, Dumay Bony, deputy mayor of Petit-Goâve, accused the journalist and called for a system of " zero tolerance " to be enforced against members of the opposition. Launched by President Aristide, the policy of " zero tolerance " gives a free hand to policemen to deal with any offenders caught red-handed. According to an inquiry carried out by the Association of Haitian Journalists (AJH), members from the popular organisation, "Domi Nan Bwa ", close to Lavalas, admitted having murdered Brignol Lindor. The public prosecutor's office of Petit Goâve issued nine arrest warrants on members of "Domi Nan Bwa " as well as on Dumay Bony himself. To this day not one of the arrest warrants have been served. Impunity also continues in the case of Jean Dominique, a journalist and political analyst shot down on the 3rd of April 2000 in the courtyard of his radio station Radio Haiti Inter. Known for his independent tone, Jean Dominique criticized both former supporters of Duvalier and the military as well as prominent bourgeois families in the Lavalas party of Jean-Bertrand Aristide, contending that these families were making Lavalas betray its principles.

The inquiry into his murder has hit a number of obstacles and remains unfinished to this day. The investigating magistrate in charge of handling the case, Jean-Sénat Fleury, dropped the case after some pressure. On the 26th of July 2000 he had called Dany Toussaint, not yet a senator, to stand as a witness. The latter appeared with a group of "chimeras " (henchmen recruited from working-class neighbourhoods of the capital) who had come to yell hostile slogans on the steps of the courthouse. Judge Claudy Gassant took over the case in September 2000. On several occasions he was threatened with a weapon by representatives of the state, among them the deputy Millien Rommange (Fanmi Lavalas), the police superintendent, Paul Evens Saintune, and members of the security service of the presidential palace. The security detail promised the judge by the Minister of Justice, Gary Lissade, was often delayed in being deployed and was frequently withdrawn altogether. The Senate is also obstructing the investigation. In November 2000, Claudy Gassant again called senator Dany Toussaint as a witness. The senator turned down the request citing parliamentary immunity. Finally, on the 21st of February 2001, Dany Toussaint appeared voluntarily before the judge. After giving testimony several times, Dany Toussaint was charged in May. Denouncing a " huge plot ", the senator then opened a procedure challenging Judge Gassant on the grounds that some witnesses were illegally taken from prison. In August 2001, Claudy Gassant asked the Senate to vote to take away his parliamentary immunity. This has not yet happened. Elsewhere, journalists suspected of having participated in the assassination of Jean Dominique, have died under troubling circumstances. For example, Jean-Wilner Lalanne, suspected of being a middleman between the people behind the murder and the murderers themselves, died in June 2000 from a minor operation, following his arrest.

Also, in November 2000 the circumstances of the death of Panel Rénélus, the supposed murderer of Jean Dominique, which was perpetrated by a crowd of demonstrators the day after his arrest by the police, remains unclear and shady. Claude Gassant asserted that he "was thrown into the crowd " by the police. Finally, the judicial police department has not yet given any orders to execute the arrest warrants which were issued on Richard Salomon and Franck Joseph, respectively right-hand man and bodygaurd of Dany Toussaint, both suspected of having taken part in the murder of Jean Dominique. Elsewhere, Paul Raymond, the spokesman of TLK (Ti Kominote Legliz) and René Civil, the spokesman for Jeunesse Pouvoir Populaire (JPP- Youth Power Movement), held a press conference in September 2001, despite the fact the police had issued arrest warrants for both of them.

In the face of such systematic violations against press freedom in Haiti, violations which are jeopardizing democracy and the constitutional state, we request that you impose two types of sanctions on officials and Haitian politicians, who, from their position of authority, are hindering the progress of investigations and are maintaining a climate of impunity for the authors responsible for carrying out acts of violence against journalists.

Aware of the economic sanctions that have been already imposed on Haiti by the European Union, our two organisations consider, nevertheless, that targeted measures would be a more efficient method to restore press freedom as well as the constitutional state in this country. We hope that our initiative is taken into consideration and we look forward to hearing from you . Meanwhile, we send our regards and thank you for your attention.

Robert Ménard, president of Reporters sans frontières

Fernando Castello, president of Damocles Network

1 - Nature of Individual Sanctions

- Refusal of Visas

In order to prevent the entry and transit into countries belonging to the European Union, people whose names have been cited in paragraph 2, as well as members of their family, will not be granted visa entry or transit.

- The freezing of funds held abroad by persons cited in paragraph 2.

2 - People concerned claiming individual sanctions

Jean-Bertrand Aristide, President of the Republic of Haiti

Jean-Marie Chérestal, Prime Minister

Henri-Claude Ménard, Minister of the Interior

Jean Gérard Dubreuil, Secretary of State for Public Safety

Gary Lissade, Minister of Justice

Guy Paul, Minister of Culture and Communications

Yvon Neptune, President of the Senate - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Jean-Marie Fourel Celestin, Senate Vice-President - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Ary Desir, Senator - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Norma Fortin, Senator - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Myrlande Libérus Senator - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Victor Magloire, Senator - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Dany Toussaint

Senator Jean Nesly Lucien

Haitian national police director general Jean Dady Siméon

Haitian national police spokesperson Jeannot François

Director of the Criminal Investigation Department Pierre Evens Saintune

Police Commissioner Michel-Ange Jean-Baptiste

Commissioner of Léogane Alix Alexandre

Bellande Dumerzier, deputy commissioner of Petit-Goâve

Former commissioner of Petit-Goâve Emmanuel Antoine

Former Petit-Goâve mayor's assistant Dumay Bony

Lise Pierre Pierre, chief judge of the Port-au-Prince Court

Régis Bourgeat

Despacho Américas / Americas desk Reporters sans frontières 5, rue Geoffroy-Marie 75009 Paris - France tél. : +33 (0) 1 44 83 84 57 fax : +33 (0) 1 45 23 11 51 e-mail : ameriques@rsf.org / americas@rsf.org