Haiti; Perpetrators of past abuses threaten human rights and reestablishments of the rule of law,

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amnesty international


Haiti

Perpetrators of past abuses

threaten human rights and the

reestablishment of

the rule of law
SCICC/CO/GR Summary Al Index: AMR 36/013/2004
In recent weeks, Amnesty International has repeatedly expressed its grave concern
about the presence of notorious convicted human rights perpetrators such as Louis
Jodel Chamblain and Jean Pierre Baptiste ('Jean Tatoune') as leaders of the rebel
forces now circulating freely in the capital, Port-au-Prince.
Other former military or paramilitary leaders indicted or convicted of participating in
the same or equally serious human rights violations are among the prisoners who
escaped from the National Penitentiary in Port-au-Prince on Sunday 29 February, in
the atmosphere of lawlessness that followed the departure of President Jean Bertrand
Aristide from Haiti. In this report, Amnesty International gives detailed information
about six of them, including their involvement in judicial proceedings regarding past
human rights violations. Amnesty International fears that the escaped prisoners may
well join their former colleagues in the rebel forces, in this way gaining access to
weapons and potentially to positions of influence in which they may commit further
human rights violations.
Amnesty International is deeply concerned about possible reprisal attacks by the
escaped human rights offenders, and calls on the international community and the
newly-deployed Multinational Interim Force to ensure that the safety of the
courageous judges, prosecutors, police officers, witnesses and human rights defenders
involved in the initial trials is guaranteed.
In addition, Amnesty International urgently calls on the international community to
guarantee that notorious human rights offenders with pending sentences for human
rights convictions, and those against whom there are outstanding charges, are taken
into custody and brought before the Haitian justice system. Escapees must be
returned to prison; those perpetrators convicted in absentia have the opportunity for a
retrial, under Haitian law, and should be held in custody until the retrial occurs.







Amnesty International urges the international community, as a matter of priority, to
ensure that under no circumstances are those convicted of or implicated in serious
human rights abuses given any position of authority, whether in a transitional
government or among the security forces, where they might commit further violations.
Similarly, Amnesty International urges that no amnesties for past human rights
violations are included as part of any political settlement with rebel forces.

Amnesty International believes that the international community must not in any way
inadvertently legitimise or consolidate indicted or convicted perpetrators' hold on
power; to do so would be to irreparably undermine any possibility of the rule of law
and respect for human rights in Haiti, at the very beginning of an international process
publicly committed to those very principles.






This report summarizes a 14-page document (4,001 words), : HAITI: Perpetrators of past
abuses threaten human rights and the reestablishment of the rule of law (AI Index: AMR
36/013/2004) issued by Amnesty International on 3 March 2004. Anyone wishing further
details or to take action on this issue should consult the full document. An extensive range of
our materials on this and other subjects is available at http://www.amnesty.org and Amnesty
International news releases can be received by email:
http://web.amnesty.org/ai.nsf/news

INTERNATIONAL SECRETARIAT, 1 EASTON STREET, LONDON WCIX ODW, UNITED KINGDOM





[EMBARGOED FOR: 3 March 2004]


amnesty international

Haiti
Perpetrators of past abuses
threaten human rights and the
reestablishment of
the rule of law


SC/CCICO/GR
Al Index: AMR 36/013/2004
INTERNATIONAL SECRETARIAT, 1 EASTON STREET, LONDON WC1X ODW, UNITED KINGDOM


Public









TABLE OF CONTENTS


1. Introduction: reappearance of convicted or indicted perpetrators of
human rights violations on the scene in Haiti.............................................................2...
Urgent action needed now by the international community and its
Multinational Interim Force (MIF) .........................................................................4...

2. History repeating itself: the multinational intervention ten years ago,
and its links to today ...................................................................................................5...

3. Post-1994 efforts to hold perpetrators accountable for their crimes.......................6...
National Commission of Truth and Justice.............................................................6...
The Raboteau massacre trial ...................................................................................6...
The trial of those accused of killing Antoine Izmery .............................................7...
The FRAPH documents..........................................................................................8...

4. Convicted perpetrators of past human rights violations currently in Haiti.............9...
Convicted FRAPH members among the leaders of the rebel forces ......................9...
Three FADH officers returned to Haiti by the USA following Raboteau
convictions, now escaped from the National Penitentiary....................................... 11
Others convicted or indicted on human rights charges who reportedly
escaped from prison during the recent unrest....................................................... 12

5. R ecom m endations................................................................................................. 13


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2 HAITI: Perpetrators of past abuses threaten human rights and the reestablishment of
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Haiti
Perpetrators of past abuses threaten human rights and the
reestablishment of the rule of law


LEADERS OF REBEL FORCES:
Louis Jodel Chamblain deputy leader of paramilitary group FRAPH convicted in trials
of 1994 Raboteau massacre and 1993 extrajudicial execution of Antoine Izm6ry.
Sentenced in both trials to forced labour for life.
Jean Pierre Baptiste ('Jean Tatoune') FRAPH member convicted in Raboteau
massacre trial. Sentenced to forced labour for life.

ESCAPED FROM PRISON DURING CURRENT CRISIS AND OF CONCERN:
Jean-Claude Duperval deputy commander in chief of the army convicted in Raboteau
massacre trial. Sentenced to forced labour for life and returned to Haiti from the USA to
serve the sentence.
Hibert Valmond lieutenant colonel and head of military intelligence convicted in
Raboteau massacre trial. Sentenced to forced labour for life and returned to Haiti from the
USA to serve the sentence.
Carl Dorelien Colonel convicted in Raboteau massacre trial. Sentenced to forced labour
for life and returned to Haiti from the USA to serve the sentence.
Jackson Joanis military police captain convicted of the extrajudicial execution of
Antoine Izm6ry, and sentenced to forced labour for life. Returned from the USA to Haiti to
serve the sentence. Also indicted in the investigation into the assassination of Father Jean
Marie Vincent; case not yet brought to trial.
Castera Cinafils army captain convicted in Raboteau massacre trial. Sentenced to
forced labour for life.
Prosper Avril- General and leader of the 1988 coup d'6tat, indicted in the investigation
into the 1990 Piatre massacre; case not yet brought to trial.


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


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The holding of perpetrators from the disbanded Haitian Armed Forces, the Forces
Armies d 7Iati (FADH), and the paramilitary Front Rdvolutionnaire Armd pour le
Progres d'Haiti (FRAPH), Revolutionary Armed Front for the Progress of Haiti' to
account for their crimes was nearly unprecedented in Haiti's history. The trials of
those implicated in such grave violations as the 1994 Raboteau massacre and the 1993
assassination of pro-democracy activist Antoine Izmery gave hope that, for the first
time, the cycle of political violence might well and truly be broken.

In a devastating portent for the future of human rights in Haiti, however, a number of
those convicted of those crimes are once again free in Haiti, and some have re-
emerged as commanders of rebel groups.

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

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

The rebellion began on 5 February, with attacks on the police station and other
government buildings by rebels in Gonaives, department of the Artibonite. It swiftly
spread to other areas in the north and centre of the country, and over the next two
weeks government authority was forced out of over half of the national territory.
Rebels declared their intention to march on the capital Port-au-Prince. Reports of
human rights abuses committed by both sides during the attacks have ranged from
unlawful killings to arbitrary detentions.

Other perpetrators convicted in the same trials of participating in the same violations
as Louis Jodel Chamblain and 'Jean Tatoune' are among the prisoners who escaped
from the National Penitentiary in Port-au-Prince on Sunday 29 February, in the

1 The paramilitary organization was at first known as the Front rdvolutionnaire pour I'avancement et le
progres haftiens, Revolutionary Front for Haitian Advancement and Progress, later to become the
Front rdvolutionnaire armn pour le progrbs d'Haiti, Revolutionary Armed Front for the Progress of
Haiti.


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4 HAITI: Perpetrators of past abuses threaten human rights and the reestablishment of
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atmosphere of lawlessness that followed the departure of President Jean Bertrand
Aristide from Haiti. Amnesty International fears that the escaped prisoners may well
join their former colleagues in the rebel forces, in this way gaining access to weapons
and potentially to positions of influence in which they may commit further human
rights violations.

Urgent action needed now by the international community and its
Multinational Interim Force (MIF)

The UN Security Council, in its resolution 1529 (2004) of 29 February 2004, has
mandated the deployment of a Multinational Interim Force (MIF), which began
deploying the same day and currently consists of French, Canadian and US troops.
The MIF's task includes assisting Haitian security forces "to establish and maintain
public safety and law and order and to promote and protect human rights".2
Significantly, the resolution also states that "there will be individual accountability
and no impunity for violators."3

Given the emergence of growing numbers of charged or convicted human rights
perpetrators on the scene, Amnesty International is concerned, in the immediate term,
about the need to protect the courageous judges, prosecutors and police officers
involved in the initial trials from possible reprisal attacks from those they attempted to
bring to justice. It calls on the newly-deployed Multinational Interim Force (MIF) to
ensure that the safety of all police and justice officials at risk, as well as all witnesses
and human rights defenders involved in the cases, is guaranteed. Existing
documentation and judicial records pertaining to past abuses must also be protected.

In addition, Amnesty International urgently calls on the international community,
through its Multinational Interim Force, to guarantee that notorious human rights
offenders with pending sentences for human rights convictions, and those against
whom there are outstanding charges, are taken into custody and brought before the
Haitian justice system. Escapees must be returned to prison; those perpetrators
convicted in absentia have the opportunity for a retrial, under Haitian law, and should
be held in custody until the retrial occurs.

Amnesty International urges the international community, as a matter of priority, to
ensure that under no circumstances are those convicted of or implicated in serious
human rights abuses given any position of authority, whether in a transitional


2 Paragraph 2c.
3 Paragraph 7.


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government or among the security forces, where they might commit further violations.
The international community must not in any way inadvertently legitimise or
consolidate convicted perpetrators' hold on power; to do so would be to irreparably
undermine any possibility of the rule of law and respect for human rights in Haiti, at
the very beginning of an international process publicly committed to those very
principles.

Finally, Amnesty International urgently calls on the international community to
ensure that no amnesties for past human rights violations are included as part of
any political settlement with rebel forces.


2. History repeating itself: the multinational intervention ten years ago, and its
links to today

Following the 1991 coup that deposed newly-elected President Jean Bertrand Aristide,
the Haitian military and its allies, already notorious for widespread human rights
violations, maintained control through extreme brutality and widespread human rights
violations.
These forces included the Forces Arit'es d-lHafti (FADH), Haitian Armed Forces, led
by General Raoul C6dras as Commander-in-Chief; the Police Militaire, military
police, headed by Police Chief Michel Frangois; the attaches, their civilian auxiliaries;
the notorious rural police chiefs, or chefs de section, disarmed and placed under
civilian authority by Aristide but reinstated after the coup; and, from 1993, a
paramilitary organization called Front Revolutionnaire Armd pour le Progras d Harti
(FRAPH), Revolutionary Armed Front for the Progress of Haiti, led by Emmanuel
"Toto" Constant.
Security forces deliberately and indiscriminately opened fire into crowds, killing
hundreds of unarmed civilians.4 Many of those suspected of having supported
Aristide were beaten, imprisoned, or killed; poor communities and grassroots
organizations, where support for him had been strongest, were particularly targeted by
the security forces and their paramilitary allies.5

4
See Amnesty International Annual Report 1992; and Amnesty International, Haiti: Shattered Hopes:
Human rights violations and the coup (AI Index: AMR 36/03/92), January 1992.
5
See Amnesty International, Haiti: Human rights gagged. attacks on freedom of expression (AI Index:
AMR 36/25/93), October 1993; and Amnesty International, Haiti: On the Horns of a Dilemma:


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6 HAITI: Perpetrators of past abuses threaten human rights and the reestablishment of
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By 1994 hundreds of thousands of Haitians were en marronage (in hiding) and tens
of thousands of others had attempted to leave the country altogether, most frequently
as "boat people" headed in unseaworthy craft for the United States.6 Many of these
died at sea or were intercepted and returned in breach of international standards. The
public pressure created by this situation contributed to the decision, formalized by
United Nations (UN) Security Council resolution, to deploy a multinational
intervention force in September 1994 which restored Aristide to office one month
later. Many of the military and paramilitary leaders responsible for the repression fled
Haiti and currently live in exile in the USA and other countries.


3. Post-1994 efforts to hold perpetrators accountable for their crimes

Following the return to constitutional order, efforts were made to deal with the past
violations and their repercussions in a number of ways.

National Commission of Truth and Justice
In December 1994, the Commission national de verite et de justice, National
Commission of Truth and Justice, was established by presidential decree. Officially
inaugurated in March 1995, its task was "to globally establish the truth concerning the
most serious human rights violations committed between 29 September 1991 and 15
October 1994 inside and outside the country and to help towards the reconciliation of
all Haitians, without prejudice to judicial remedies that might arise from such
violations."7

The Raboteau massacre trial
Raboteau, a heavily-populated shanty town along the coast at Gonaives, was
particularly targeted for repression by the army and paramilitary because of its activist
past and the strong support of its inhabitants for ousted president Aristide. As a result
of a joint military and paramilitary operation which began on 18 April 1994, an


military repression or foreign invasion? (AI Index: AMR 36/33/94), August 1994.
6
See op cit., On the Horns of a Dilemma, 1994.
7 Unofficial translation from the CNVJ report. French original: "d'Vtablir globalement la v6rit6 sur les
plus graves violations des droits de l'homme commises entire le 29 septembre 1991 et le 15 octobre
1994 A l'interieur et A l'exterieur du pays et d'aider 6 la reconciliation de tous les Haitiens, et ce, sans
prejudice aux recours judiciaires pouvant naitre de telles violations."


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estimated 20 people lost their lives. Homes were sacked and burned and men,
women and children beaten. Some died from the beatings or from gunshot wounds
while others drowned as they fled into the sea. Some bodies were never recovered, as
the survivors had to flee the area for their own safety.

Efforts to bring those responsible for the massacre to justice went on for several years.
By 1998 at least 22 people were in detention pending the outcome of the investigation
into crimes committed in the course of the massacre, including murder, attempted
murder, assault, torture, illegal imprisonment, abuse of authority, theft, arson and
destruction of property. Arrest warrants were issued for the leaders of the 1991
military coup and other military officers and paramilitary leaders, for their alleged
role in masterminding the massacre. Efforts by the authorities to track down those
responsible included unsuccessful attempts to extradite several suspects from
Honduras, Panama and the USA.

The trial opened in October 2000. More than thirty people attended from Raboteau to
bear witness; in addition, five independent international experts testified about the
context of repression in which the massacre was carried out, the military structure
involved and the forensic evidence available.

On 9 November 2000, 16 people were convicted of taking part in the massacre.
Twelve of these were condemned to life in prison with hard labour. The four others
received shorter sentences of between four and ten years; all 16 were ordered to pay
damages into a fund for the families of victims. Six defendants were acquitted.

Thirty seven defendants including General Raoul C6dras, head of the military
government; Emmanuel Constant, founding leader of FRAPH; police chief Michel
Frangois; and Cedras' deputy Philippe Biamby were tried in absentia. They were all
sentenced to life in prison with hard labour, and were fined one billion gourdes, or
roughly US$ 43 million. However, they remained at large.

The trial of those accused of killing Antoine Izmery
Antoine Izmery, a businessman and prominent supporter of President Aristide, who
was gunned down on 11 September 1993 in the Church of the Sacred Heart in Port-
au-Prince while attending a mass commemorating a massacre that had occurred five
years earlier.8 The gunmen burst into the church and forced Antoine Izm&ry to

8For further details, see op. cit., Haiti: Human Rights Gagged; Amnesty International, Haiti: Still
Crying Out for Justice, AI Index: AMR 36/02/98, July 1998; Amnesty International, 'Haiti: Eye-
witness account of extrajudicial execution', News Service 146/93, AI Index: AMR 36/WU 03/93, 4


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8 HAITI: Perpetrators of past abuses threaten human rights and the reestablishment of
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accompany them outside where they made him kneel down before shooting him twice
in the head.

On 25 August 1995, Gerard Gustave, known as 'Zimbabwe,' who used to work as an
attache with the Haitian army, was sentenced to forced labour for life for the
assassination of Antoine Izm6ry. On 25 September 1995, several other people,
believed to number seventeen, were tried in their absence in connection with the same
case. Seven were sentenced to forced labour for life. Among them was Louis Jodel
Chamblain, deputy leader of the FRAPH, and Jackson Joanis, former military police
captain. Most of the accused were believed to be living abroad at the time of the trial,
mainly in the neighboring Dominican Republic.

The FRAPH documents
Emmanuel Constant, leader of FRAPH, is widely alleged, and himself claims, to have
been in the pay of, and under the orders of, the US Central Intelligence Agency (CIA)
during the coup period. Emmanuel Constant lives openly in the USA. As a result of a
damages claim brought against him by Alerte Belance, a Haitian woman living in the
USA, for an alleged assault by FRAPH members in 1993, it emerged that the US
authorities were in possession of tens of thousands of pages of documents which had
been removed from the FRAPH offices by the Multinational Force (MNF)9 in October
1994. As a result of subpoenas brought by US lawyers, the US Department of
Defence admitted that it was in the process of reviewing the classification status of the
documents.

In October 1995 the Haitian Senate sought the assistance of international human
rights organizations in their efforts to recover the documents which were considered
essential to any prosecutions against FRAPH members as well as to the work of the
National Commission of Truth and Justice. In December 1995 a spokesman for the
US State Department announced that the documents would be returned once they had
been reviewed and the names of all US citizens removed, though he did not rule out
that Washington would keep some of the documents.




November 1993; and Amnesty International, Urgent Action 321/93, AI Index: AMR 36/20/93, 13
September 1993.
9 A United States-led Multinational Force (MNF) arrived in Haiti on 18 September 1994. Leaders of
the coup that had ousted President Jean Bertrand Aristide in September 1991 agreed to relinquish
power following the MNF's arrival, and Aristide himself returned to complete his presidential term in
October 1994.


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In October 1996, some materials were transferred to the USA Embassy in Port-au-
Prince but the Haitian Government reportedly refused to accept them on the grounds
that they were not intact. In October 2001, Aristide stated publicly that the documents
had been returned. However, since their return no further trials from the relevant
period have taken place.


4. Convicted perpetrators of past human rights violations currently in Haiti

Amnesty International is deeply concerned at the emergence in Haiti of many of those
linked to past human rights violations. These can be broken down into a number of
groups.

Convicted FRAPH members among the leaders of the rebel forces


AP. Louis-Jodel Chamblain, left, and Guy Philippe
with rebel fighters on 29 February 2004.


In late 1994, the Haitian authorities
issued arrest warrants for the former
leader of the notorious paramilitary
group FRAPH, Emmanuel Constant,.
and his deputy, Louis Jodel
Chamblain, reportedly in connection
with a judicial investigation into
FRAPH's involvement in human rights
violations.10 Both of them fled
abroad."1


Louis Jodel Chamblain was convicted in absentia in both the Raboteau and the
Antoine Izm6ry trials, and sentenced in both to forced labour for life.

He apparently remained outside Haiti until, on 14 February 2004, he gave an
interview to a Haitian radio station to say that he had joined the armed movement
seeking to overthrow President Jean Bertrand Aristide. He was accompanied by
former Haitian National Police commissioner Guy Philippe; the two men are now


10 See Amnesty International, HAITI: A question ofjustice (AI Index: AMR 36/01/96), January 1996, p.
6.


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10 HAITI: Perpetrators of past abuses threaten human rights and the reestablishment of
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repeatedly referred to as the leaders of the rebel force, and in recent days were at the
forefront of the rebel group which arrived in Port-au-Prince following Aristide's
departure.

..' > Jean Pierre Baptiste ('Jean
0Tatoune') is another FRAPH member
convicted of participating in the
Raboteau massacre. Following his
conviction, he was held in the
Gonalves prison.
The 1994 Raboteau massacre was
reportedly sparked by an attempt to
arrest pro-Aristide activist Amiot
.. "Cubain" Mf tayer.12 Mtayer went
into hiding, but returned to Gona'ives
AP. Amiot M6tayer, left, stands with Jean Pierre following the return to constitutional
Baptiste ('Jean Tatoune), right, in Gonaives' seaside
shantytown of Raboteau, Haiti, on 3 August 2002. order, where he reportedly led an
armed gang of Aristide supporters.
On 3 July 2003 he was arrested in Gonalves, reportedly in connection with the killing
of the guard of an opposition party headquarters.13 He was transferred to Port-au-
Prince, but after days of rioting by his supporters, he was returned to Gonaives prison,
which his supporters attacked several days later. In addition to Mttayer, over 150
prisoners were believed to have escaped, including "Jean Tatoune." During later
clashes between pro- and anti-government supporters at the end of the year, Mtayer
and Jean Tatoune led opposing armed gangs, both of which were accused of human
rights abuses.

However, the men appeared at times to have patched up their differences and to be
working together. After Mtayer's body was found on the outskirts of St Marc,
department of the Artibonite, on 22 September 2003, with gunshot wounds to the eyes
and chest, "Jean Tatoune" emerged as one of the leaders of MWtayer's 'Cannibal Army'
band. This group called repeatedly for Aristide's ouster, blaming him for MWtayer's



" In March 1995, the Haitian government sought the extradition of Emmanuel Constant from the USA.
A US court ordered his deportation to Haiti in August 1995 but he appealed against the ruling. He
remains in the USA.
12 See Amnesty International Report 1995.
13 The killing reported occurred during attacks on supporters of the political opposition following a
December 2001 attack by unidentified assailants on the National Palace.


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death, and its members were among the armed attackers who violently took control of
Gona'ives on 5 February 2004 to start the armed rebellion against Aristide in Haiti.

Gang members under the direction of "Jean Tatoune" have been accused of numerous
abuses against government officials and supporters, as well as other Gona'ives
residents, over past months. In one example, Amnesty International has received
reports that in December 2003, Armbe Cannibale members began threatening
Raboteau residents who had been involved in the trial, forcing some of them to flee
the area out of fears for their safety.

Three FADH officers returned to Haiti by the USA following Raboteau
convictions, now escaped from the National Penitentiary
Three former FADH officers returned to Haiti by the USA under the US Immigration
and Customs Enforcement bureau's "Operation No Safe Haven," following their
conviction in the Raboteau trial, reportedly escaped from the National Penitentiary on
29 February 2004. They include Carl Dorelien, Herbert Valmond and Jean-Claude
Duperval.14
Jean-Claude Duperval was Haiti's Chief of Police in 1990 and 1991, during a time
in which police officers were accused of committing extrajudicial executions and
other serious violations.15 From 1992 to 1994 he was deputy commander in chief of
the FADH.
According to reports, Duperval was not accused of participating directly in the
Raboteau massacre, but rather of knowing about the violations and taking no steps to
stop them or punish those involved. He received a sentence of forced labour for life.
His statements regarding specific cases of human rights violations by FADH officers
were cited in the Truth Commission report to back up its assertion that:
Everything indicates that the military hierarchy was sufficiently informed and
that it chose not to punish human rights violations.16


14 As of mid-January 2004, former FADH colonel Frantz Douby, remained in Krome detention centre
in the USA, awaiting deportation following his arrest by US immigration authorities in August 2003.
Another officer accused of human rights violations, Luc Asmath, was arrested in September 2001 and
subsequently returned to Haiti by US authorities. However, he reportedly was not taken into custody
U pon arrival. His whereabouts since his arrival in Haiti are unknown.
See, for example, Urgent Action 510/90 (AI Index: AMR 36/10/90), Extrajudicial execution of
Jeanine D6rosier, 18 December 1990.
16 CNVJ report, Chapter 7, "Les structures de la repression," "The structures of repression." Unofficial
translation.


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Duperval was returned to Haiti by US immigration authorities in January 2004, and
was being held in the National Penitentiary, from which he is believed to have
escaped on 29 February 2004.
Former FADH lieutenant colonel HWbert Valmond was reportedly head of military
intelligence, and received a sentence of forced labour for life after being convicted of
murder, torture, destruction of homes and other crimes during the Raboteau massacre.
He reportedly left for the US in 1995 and was taken into custody by US immigration
officials in April 2002. He was returned to Haiti in January 2003, and was being held
in the National Penitentiary before reportedly escaping on 29 February 2004.
Former FADH colonel Carl Dorelien was arrested by US immigration authorities in
June 2001.17 In addition to his Raboteau conviction and life sentence, he reportedly
faces a civil lawsuit filed in Miami courts seeking compensation for family members
of a victim of the Raboteau massacre. He was returned to Haiti in January 2003, and
was said to have been detained in the National Penitentiary until the mass prison
breakout on 29 February 2004.


Others convicted or indicted on human rights charges who reportedly
escaped from prison during the recent unrest
Former military police captain Jackson Joanis, head of the Anti-Gang police unit and
aide to Port-au-Prince military police chief Michel Frangois, was convicted in
absentia for the assassination of Antoine Izmery and sentenced to forced labour for
life. He was also indicted in the investigation into the 28 August 1994 assassination
of reformer and pro-democracy activist Father Jean Marie Vincent; that case has not
yet come to trial.
Joanis had reportedly fled to the USA in 1995, and was detained by immigration
officials there in late 2000 on the basis of involvement in past violations. He was
returned to Haiti by US authorities on 25 March 2002, and reportedly held in the
National Penitentiary until his escape on 29 February 2004.
Captain Castera Cenafils, military commander of Gona'ives at the time of the
Raboteau massacre, was among those convicted in the Raboteau trial and sentenced to
life in prison with hard labour. He was initially held in the Gona'ives prison, but was
reportedly transferred to the National Penitentiary in Port-au-Prince after the August
2002 breakout in which Amiot M6tayer and "Jean Tatoune" escaped. C6nafils, with a



17 See Amnesty International Annual Report 2002.


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HAITI: Perpetrators of past abuses threaten human rights and the reestablishment of 13
the rule of law


number of other individuals convicted in the Raboteau massacre, had appealed his
conviction and sought to have it reversed.
Former FADH general Prosper Avril was chief of presidential security under
President Jean-Claude Duvalier, until the latter was ousted from power in February
1986. In 1988 he led a coup d'etat, and remained in power until March 1990. Under
Avril's leadership reports of torture and ill-treatment of political and common-law
prisoners were widespread: cases denounced by Amnesty International during
crackdowns on political opposition under Avril's leadership included torture and ill-
treatment of activists such as Serge Gilles and Evans Paul and unlawful detention and
ill-treatment of activist Antoine Izmry.18
Prosper Avril was arrested in Haiti on 26 May 2001, reportedly under a warrant dating
from 1996. The charges against him included assault, torture and illegal arrest of six
Haitian activists in 1989 and 1990.19 In April 2002 an appeal court ordered Prosper
Avril's release; he was freed but immediately rearrested, reportedly on charges related
to the 1990 Piatre massacre of peasant farmers.20
In December 2003, Avril was officially indicted in the investigating judge's report of
his findings. The report charges that Avril, though not present, was complicit in a 12
March 1990 attack by soldiers and armed civilians on peasant farmers, in which
eleven farmers were killed and hundreds of houses burned.


5. Recommendations
Amnesty International is deeply concerned by the emergence of growing numbers of
convicted and indicted human rights perpetrators on the turbulent scene in Haiti today.
Amnesty International calls on the international community, through its Multinational
Interim Force, to take immediate steps to counter the threat to human rights and the
rule of law posed by these individuals.

* The MIF must take urgent steps to guarantee that notorious human rights
offenders with pending sentences for human rights convictions are taken into
custody and brought before the Haitian justice system. Escapees must be

18 See op. cit. HAITI: Shattered hopes; see also Urgent Actions from the relevant period.
19 The six men had already been awarded damages in a civil case brought in 1994, in which a United
States district court ruled that Avril bore personal responsibility for their interrogation and torture.
20 There were reportedly some procedural and other irregularities with his detention relating to the
Piatre massacre, and at one point an appellate court ordered that he be freed. However, there were
questions about the procedural correctness of the court's order, and he was not released. Eventually an
investigating magistrate ordered that Avril remain in detention while the Piatre investigation continued.


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14 HAITI: Perpetrators of past abuses threaten human rights and the reestablishment of
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returned to prison; those perpetrators convicted in absentia have the opportunity
for a retrial, under Haitian law, and should be held in custody until the retrial
occurs.

* The international community must as a matter of priority ensure that under no
circumstances are those convicted of or implicated in serious human rights abuses
given any position of authority, whether in a transitional government or among
the security forces, where they might commit further violations.

* The international community must ensure that no amnesties for human rights
violations are included as part of any political settlement with rebel forces, pro-
government militias or security forces. Perpetrators should not be allowed to
benefit from any legal measures preventing the emergence of the truth and
accountability before the law.

* The Multinational Interim Force (MIF) must take urgent steps to ensure that the
safety of police and justice officials, witnesses and human rights defenders
involved in the arrest and conviction of the perpetrators of past abuses named in
this report is guaranteed.

* The MIF must ensure that police and judicial records pertaining to past abuses
must also be protected.

* In the longer term, the international community must assist in strengthening the
Haitian justice system, so that all of those accused of involvement in human
rights abuses, both under past governments and during the current crisis, can be
investigated and brought to justice.
* The MIF must take immediate steps to disband and disarm the rebel groups, and
armed pro-government gangs, to minimise the risks of ongoing human rights
abuses, and to bring those responsible to justice.


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