Haiti : thirst for justice : a decade of impunity in Haiti / Human Rights Watch/Americas.

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Haiti : thirst for justice : a decade of impunity in Haiti / Human Rights Watch/Americas.
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HUMAN RIGHTS WATCH / AMERICAS
\ \ \
A HUMAN RIGHTS WATCH/AMERICAS REPORT; COPYRIGHT HUMAN RIGHTS WATCH; ISSN: 1077-6710

September 1996 Vol. 8, No. 7 (B)


HAITI


THIRST FOR JUSTICE
A Decade of Impunity in Haiti j(v 1 i '


I. SUMMARY AND RECOMMENDATIONS ............................................................ 2

II. IMPUNITY SINCE THE FALL OF THE DUVALIER FAMILY DICTATORSHIP ............................ 7
The Twenty-Nine Year Duvalier Dictatorship Ends with Jean-Claude Duvalier's Flight, February 7, 1986 ....... 7
The National Governing Council, under Gen. Henri Namphy, Assumes Control, February 1986 ............... 8
Gen. Henri Namphy's Assumes Full Control, June 19, 1988 ........................................ 9
Gen. Prosper Avril Assumes Power, October 1988 .................................................. 10
President Ertha Pascal Trouillot Takes Office, March 13, 1990 ........................................ 11
Jean-Bertrand Aristide Assumes Office as Haiti's First Democratically Elected President, February 7, 1991 ..... 12
Gen. Raul Cddras, Lt. Col. Michel Francois, and Gen. Phillippe Biamby Lead a Coup d'Etat
Forcing President Aristide into Exile, Sept. 30, 1991 ................................ . ..... 13

III. IMPUNITY FOLLOWING PRESIDENT JEAN-BERTRAND ARISTIDE'S RETURN ON OCTOBER 15, 1994,
AND PRESIDENT RENE PREVAL'S INAUGURATION ON FEBRUARY 7, 1996 ...................... 16
The Haitian Commission for Truth and Justice Report Held Hostage ............................. .... 18
Human Rights Cases in the Haitian Courts ........................................................ 19
Activist Claudy M useau ..............................................................22
Aristide Supporter Antoine Izmdry ......................................................22
Justice M minister Guy M alary ...........................................................23
April 1994 Massacre in Raboteau, Gonaives ................................................ 24
United States Government Impedes Accountability in Haiti .......................................... 24
FRAPH and Haitian Military Documents Remain in U.S. Possession ............................ 24
FRAPH Leader Emmanuel Constant's Release and Non-deportation ............................ 25
Other Actions on Impunity ...................................................................27

IV. CONCLUSION ................................................................................27

V. ACKNOW LEDGM ENTS ......................................................................... 28

V I. A PPEN DIX ........ ...........................................................................28

VII. W HAT YOU CAN DO .......................................................................... 29




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O t e c i n o m u iy ....... ........ ....... ....... ......2






The one who delivers the blow forgets. The one who bears its mark remembers.
Bay kou bliye. Pote mak sonje.


I. SUMMARY AND RECOMMENDATIONS .

Summary j C
Haiti's turmoil over the last decade demonstrates the insidious effect of impunity for violent human rights
abuse. Despite repeated official promises of justice and untold opportunities to fulfill those vows, prosecutions for
human rights crimes have been rare. As each new military leader took up residence in Port-au-Prince's sparkling
Presidential Palace, the unmistakable lesson of the past was that there would be no serious price to pay for political
violence. Getting away with murder was the rule.

Haiti's two democratically elected governments have struggled under the weight of entrenched impunity,
making tentative steps toward ending the legacy of failed justice. Today, conditions are better than ever for breaking
Haiti's pattern of impunity. Unfortunately however, Haiti's government, by failing to make ending impunity a top
priority, is letting the opportunity to establish accountability slip away. And the U.S. government, to its great shame,
has erected its own roadblocks to truth and justice in Haiti.

The duty to prosecute and punish human rights violators is solidly grounded in international law. The Haitian
government's obligation also arises directly from the suffering of tens of thousands who faced death, torture, rape,
or arbitrary detention at the hands of Haitian troops and their allies. Haitian victims are thirsty for justice and deserve
their government's and the international community's best efforts to provide an accounting of their ordeal and those
responsible for it. Beyond truth-telling, the Haitian government should also make every effort to prosecute the
perpetrators of human rights violations, to the full extent of the law and with full due process protections. General
amnesties, such as those encouraged by the U.S. government in Haiti but ultimately rejected by the Haitian
parliament, are anathema to a society that is respectful of human rights, since they seek to deny individual victims
the right of redress for their suffering. Of even greater danger to Haiti today is the prospect of a de facto amnesty
through multiple failures to embrace a comprehensive policy against impunity.

Human Rights Watch/Americas recognizes that amnesties and other measures designed to preclude the
transparent establishment of responsibility for human rights crimes frequently are embraced in the name of avoiding
"insecurity" and "instability." But as Haiti's tumultuous history amply shows, a government's decision to forsake
accountability for political expediency only encourages further abuse and instability. Only the establishment of the
rule of law offers the prospect of breaking the cycle of abuse and amnesia that has condemned Haiti to the deadly
pattern detailed in this report.

Under Haiti's military rulers, in the absence of the rule of law and an official moral order against which to
stigmatize abusive officials, efforts to establish the truth were half-hearted and unsuccessful. The few show trials
did little to illuminate the workings of past repressive governments and produced few convictions. Investigative
commissions either whitewashed the army's role in abuse or dissolved without a trace. More commonly, repressive
military leaders were simply sent into exile as a substitute for justice and full exposure of their crimes.

Persistent impunity also contributed to periodic spasms of vigilante violence and summary revenge. Seeing
no prospect of justice in the Haitian courts, the Haitian people periodically took matters into their own hands. This
vigilante violence reinforced the army's determination not to relinquish power and undermined the difficult,
painstaking work of building the rule of law.

For most of the past ten years, the U.S. government-by far the dominant external force in Haiti-pursued
a strategy of placating the very forces that were ruthlessly suppressing the democratic aspirations of the Haitian


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September 1996, Vol. 8, No. 7 (B)







people. Washington's readiness to overlook official violence stemmed from its willingness to oversee a superficial
"transition to democracy" on the cheap. Convinced that the right combination of persuasion and enticement could
convince the army and its violent allies to tolerate civilian rule, Washington resisted pressing to bring the military
authors of past abuses to justice. Illustrative was the U.S. government's hard push for a broad amnesty for the Haitian
military officials who were responsible for the three-year reign of terror following President Jean-Bertrand Aristide's
ouster in September 1991. Washington's reasons ranged from a misguided belief that the army was the only
institution capable of securing order in Haiti to a realpolitik calculation that the army was necessary to keep leftist
political forces in check. The U.S. also contributed to the formation of organizations that were later responsible for
severe human rights abuses, including the National Intelligence Service (Service d'Intelligence Nationale, hereafter
SIN) and the paramilitary Front for the Advancement and Progress of Haiti (Front pour l'Avancement et le ProgrLs
d'Haiti, hereafter FRAPH), and then downplayed abuses to justify denying terrorized Haitians refugee status.

This year, for the first time, one freely elected Haitian president, Jean-Bertrand Aristide, has handed the reins
of power to another freely elected president, Ren6 Pr6val. The restoration of Aristide to power on October 15, 1994,
and the peaceful transition to Pr6val, on February 7, 1996, represents Haiti's best opportunity to take a firm stand
against impunity. As political repression has diminished, civil society has flourished. More the statesman after three
years in exile, Aristide during most of his sixteen months back in office repeatedly and insistently preached the need
to avoid the popular killings that had marred his first year in office and that so often stymied past efforts to establish
justice. "No to violence, yes to reconciliation" became his mantra. But while Aristide and Pr6val regularly urged
reconciliation and justice, they failed in large part to follow through on their rhetoric. The government prosecuted
a handful of minor actors in some of the most prominent human rights violations, but for the most part, impunity
remained the rule and human rights victims were left thirsting for justice.

The Haitian government made other efforts to establish accountability, but all of these have been half-
hearted. For example, President Aristide backed the formation of a truth and justice commission in 1994. After
stumbling for several months, the commission gathered sufficient funds, conducted field research, and ultimately
prepared a lengthy report on human rights violations under the military government. While the Preval government
released the commission's recommendations, the remainder of the commission's 1,200-page report has not been
published and remains shelved in the Justice Ministry. President Aristide also opened complaint offices bureauxx
de doliances) for human rights victims, but these were mismanaged, underfunded, and then closed, with little effort
to transfer files to local prosecutors. Scores of victims who had come forward to give their testimony on abuses
during the military government to representatives of the truth commission or complaint bureaus, or who had reported
abuses to human rights observers with the International Civilian Mission of the Organization of American States and
the United Nations (Mission Civile International en Haiti, OEA/ONU, hereafter MICIVIH), wrongly presumed that
their cases would be investigated further, that they might receive reparations, and that their abusers would face
criminal penalties. The justice minister declared in June 1996 that an earlier promise to use a portion of the ministry's
budget for reparations could not be fulfilled because the funds had never been allocated. Scores of victims who
presented criminal complaints in Haitian courts met similar inaction in most cases.

Nonetheless, the successful prosecution of even a few human rights offenders demonstrated the possibility
that when the government chose to do so, it could make genuine progress against impunity. While the government's
rhetorical commitment to end impunity was applauded at the outset, its failure to follow through and provide justice,
or even truth, for victims of the military government called into question its determination to tackle this fundamental
problem.

Haiti's return to democratic government was made possible by a substantial international presence.
However, Washington and the international community seemed content to settle for the arrival of elected government
with little regard for establishing accountability for past human rights violations. The multinational forces leading
the intervention routinely detained suspected human rights violators, but released them without turning them over
to the Haitian legal system. Even today, as Haiti's army has been effectively dismantled and an international military


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September 1996, Vol. 8, No. 7 (B)






presence has at least temporarily pushed abusive forces aside, Washington's apparent belief that democratic
institutions and the rule of law can be built without accountability for the atrocities of the recent past continues to
jeopardize Haiti's future. As noted, the U.S. government continued to support the adoption of a broad amnesty as
Aristide returned to Haiti.

More troubling still, the U.S. government directly impeded the prosecution of human rights crimes in Haiti
by refusing to return documents seized from FRAPH and Haitian military headquarters and by reaching a secret
settlement with FRAPH's leader, Emmanuel Constant, which allowed Constant to remain in the United States with
a work permit while evading deportation to Haiti and criminal prosecution for human rights abuses there. The U.S.
government's cover-up of the crimes of FRAPH, which was founded by Constant while he was allegedly on the
Central Intelligence Agency (CIA) payroll, suggests that the U.S. government is trying to prevent revelation of its
own complicity in violent abuses in Haiti. For example, U.S. officials who were negotiating with the Haitian
government regarding the return of the FRAPH documents, while conceding that the material belongs to the Haitian
government, have maintained that U.S. citizens' names must be redacted from the materials before they are returned
to Haiti. Removing names would conceal whether U.S. citizens were themselves party to human rights crimes in
Haiti. By delaying the return of these materials to Haiti for almost two years, the Clinton administration has denied
the truth commission and Haitian prosecutors an extremely rich source of information on recent human rights abuses,
including the critical question of chain of command.

Furthermore, while the U.S. government made significant contributions to institution building in Haiti,
Washington apparently did not consider accountability a top priority. Washington's multimillion dollar aid package
for the new government included only $50,000 for the truth commission, and this sum was offered only a month
before the commission's mandate expired and for materials previously provided by other donors. The U.S. funded
a five-year $18 million program for the administration of justice that the U.S. ambassador called Washington's most
significant contribution to ending impunity. However, this program was poorly conceived and poorly administered
in its first year, and did not dedicate resources directly to the prosecution of past human rights violations. At the end
of the first year, the U.S. government had replaced several staff members. It is too soon to tell whether this program
will make an effective contribution against impunity in Haiti.

Haiti's democratic governments' failures to hold past human rights violators accountable for their actions
once again has raised the spectre of insecurity in Haiti. Having never faced prosecution for human rights abuses,
demobilized Haitian soldiers and former paramilitary troops find few impediments to continuing criminal acts. This
impunity has undermined historic steps taken by Haiti's democratic government. Aristide dismissed virtually the
entire military leadership (every officer above the rank of major), abolished for a second time the post of section chief
and, despite the Clinton administration's desire to maintain a military counterbalance to popular rule, effectively
dissolved the army. Yet, the lack of prosecutions and trials of soldiers dismissed from the security forces, and the
failure to disarm them, left an alienated, disgruntled, and dangerous opposition to civilian rule that has already
plagued the fledgling elected government and may contribute to greater problems once international troops depart.

Haiti's experience illustrates the dangers of ignoring accountability for past violent abuse in the haste to
secure a transition to democracy. Each time a supposedly reformist regime took power, Haitians were asked to forget
the past, to look forward to a new era. But rather than build the rule of law, sooner or later this impunity emboldened
reactionary forces to resume political killing. It is time for this official indulgence of political killers to end.


Recommendations

To the Haitian Government
* As a first step toward establishing accountability, the government must make known all that can be reliably
established about gross abuses of human rights. For this reason, we urge the prompt public release of the


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September 1996, Vol. 8, No. 7 (B)






report of the Commission for Truth and Justice, Si MPa Rele ("If I Don't Cry Out," from a familiar Haitian
proverb highlighting the need to speak out about injustice).

The president should provide full support for the prompt initiation of criminal proceedings against alleged
perpetrators of serious human rights abuses named in the truth commission report. Given the number of
cases, the government should establish special criminal court sessions in all departments or a special tribunal
to handle criminal complaints, as recommended by the truth commission. Those human rights violations
that the commission described as crimes against humanity should be prosecuted as a matter of utmost
urgency.

The president should persist in seeking the return of documents that U.S. troops seized from FRAPH and
Haitian military headquarters in the fall of 1994.

The government should provide a staff, financial backing, office space and full support to the committee
headed by former truth commissioner and justice minister Ren6 Magloire to ensure adoption of the truth
commission recommendations.

* Similarly, the Office of Citizen Protection, under the direction of Louis Roy, should be given sufficient
resources to assist citizens complaining of human rights abuses.

* The government should act promptly to ratify both the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the Optional Protocol to the International Covenant
on Civil and Political Rights.

* Urgent steps should be taken to establish accountability for sexual violence committed by the military
government and paramilitary agents. The government's ratification this year of the Inter-American
Convention for the Elimination of Violence against Women is an important step that should be followed by:
the enactment of legislation to redefine rape as a crime against the person rather than a crime against morals;
steps to improve victims' access to forensic examinations; the devotion of sufficient resources to train and
sensitize judicial and police personnel on documenting sexual violence; and a campaign to publicize
prohibitions of sexual violence.

* A comprehensive policy against impunity is needed to overcome a weak judicial system plagued by minimal
material resources and a history of corruption; infrequent criminal court sessions; and poor investigative
capacity. The government should devote sufficient resources to building the independence of the judiciary;
increasing the number and efficiency of prosecutors; ensuring that legal proceedings are fully understandable
to those who speak only Haitian Creole; mobilizing police to prevent acts of popular violence; and
modernizing Haiti's archaic legal codes to enshrine full due process protections for all defendants.

* As the government faces the challenge of prosecuting past human rights abusers and trying to establish the
rule of law in Haiti, it should ensure that full due process protections are available to all defendants. We urge
the Justice Ministry to take steps to prevent the issuance of arrest warrants with insufficient justification, as
has occurred in several cases. The Justice Ministry also should make special efforts to ensure the security
of victims, witnesses, and judicial authorities.

* More frequent criminal court sessions are desperately needed, since the enormous delays between sessions
now contribute to lengthy pre-trial detentions and long delays in concluding criminal cases.

* Abusive members of the Haitian National Police rarely have been brought to trial. We recommend that the
Justice Ministry adopt a vigorous and public posture against ongoing police abuse and prosecute each case


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to the full extent of the law. It is also important to commence criminal prosecutions in all cases of vigilante
violence.

* We urge the government to issue arrest warrants and invoke extradition agreements to secure custody of
indicted defendants. The government should request the extradition of Col. Michel Frangois (the former
Port-au-Prince police chief) and Franck Romain (the former mayor of Port-au-Prince who was implicated
in a 1988 massacre) from Honduras and should submit a revised extradition request for FRAPH leader
Emmanuel Constant to the United States government.

To the United States
* We urge the U.S. government immediately to return to the Haitian government all materials that were seized
from FRAPH and Haitian military offices in the fall of 1994, without any redaction of information or U.S.
citizens' names. The return of these materials would assist the Haitian government in prosecuting abusive
former Haitian soldiers and members of FRAPH.

* We urge the U.S. government promptly to deport FRAPH leader Emmanuel Constant to Haiti, where he is
wanted for human rights abuses, including torture and extrajudicial execution. The U.S. government should
offer full collaboration to the Haitian government to ensure Constant's safety and right to a fair trial.
Meanwhile, the details of any settlement or agreement between Constant and the U.S. government should
be made public, particularly any details regarding Constant's relationship with the CIA.

* The U.S. government must examine its own involvement in human rights abuses in Haiti. The Clinton
administration should launch a thorough and impartial investigation into allegations that agents or units
funded by the CIA, the Drug Enforcement Administration (DEA), and the Defense Intelligence Agency
(DIA) were involved in serious human rights violations. The findings of such an investigation should be
made public and disciplinary or criminal action taken where appropriate. U.S. government documents
regarding human rights violations committed by the SIN (the National Intelligence Service) and FRAPH
should be declassified to allow informed public debate about U.S. policy towards Haiti.

* The U.S. government should, at a minimum, demonstrate support for the truth commission by offering the
Haitian government sufficient funding for the publication and distribution of the text and annexes of the
report.

To the European Union, Canada and other countries
* International funding is urgently needed to support the Haitian judicial system. A primary focus of this
assistance should be the establishment of regular criminal court sessions throughout Haiti (the last one in
GonaTves was held in 1991), as well as special criminal court sessions or the creation of a special tribunal
for the purpose of prosecuting human rights abuses.

* Known perpetrators of serious human rights violations, such as Col. Michel Frangois and Franck Romain
have fled criminal prosecutions in Haiti. Frangois and Romain first sought refuge in the Dominican Republic
and then were granted political asylum in Honduras. Like FRAPH leader Emmanuel Constant, who remains
in comfortable exile in the United States, these notorious human rights violators should be returned to Haiti
to stand trial.


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II. IMPUNITY SINCE THE FALL OF THE DUVALIER FAMILY DICTATORSHIP


The Twenty-Nine Year Duvalier Dictatorship Ends with Jean-Claude Duvalier's Flight, February 7, 1986
Haiti's modem pattern of impunity began with the failure to prosecute those responsible for severe human
rights abuses committed during the ruthless twenty-nine-year Duvalier dynasty.' "President-for-Life" Frangois (Papa
Doc) Duvalier, who assumed power in 1957, and his son, Jean-Claude (Baby Doc) Duvalier, who took office at the
age of nineteen upon his father's death in 1971 and remained in power until February 7, 1986, are estimated to have
ordered the deaths of between twenty and thirty thousand Haitian civilians. The brutality of their government created
the modern Haitian diaspora, driving hundreds of thousands of Haitians into exile in Canada, France, the United
States, the Dominican Republic, and elsewhere. Official torture and murder were commonplace. The Duvaliers
stunted civil society with harsh repression of any signs of independence among political parties, trade unions, and
the press.

The Duvaliers created multiple military and paramilitary institutions to impose their will on the civilian
population and to avoid creating a single center of power outside the presidency. These included several units of the
army: the Presidential Guard, the Casernes Dessalines, the "L6eopards," and the police (which was part of the
military). As a counterweight to the army, Duvalier pre created the paramilitary Volunteers for National Security,
the so-called Tontons Macoutes, whose membership and power ultimately dwarfed that of the army. At the local
level, section chiefs (chefs de sections, rural sheriffs) exercised control and presided in often corrupt and violent
fashion over each of Haiti's 565 rural sections.

The Duvaliers' firm control of governmental institutions extended to the prisons and the judicial system, both
of which took an active role in state repression. Rather than serve a public desperate for justice, the courts and prison
authorities collaborated in a system of corruption, extortion, torture, and death. Their actions, and those of their
military and paramilitary counterparts, enjoyed absolute impunity.

Despite the transparent brutality of the Duvalier dictatorship, the Reagan administration regularly certified
that the human rights practices of the Duvalier government were improving sufficiently to warrant the granting of
economic assistance. U.S. aid to Haiti was conditioned by law on a presidential determination that the Haitian
government was "making progress toward improving the human rights situation in Haiti."2 But the Reagan


This report draws extensively on a series of reports published by Human Rights Watch, through its regional division,
Human Rights Watch/Americas (formerly Americas Watch), together with the National Coalition for Haitian Rights (formerly
the National Coalition for Haitian Refugees). Reports relied upon include: Human Rights Watch/Americas and National Coalition
for Haitian Rights, "Haiti: Human Rights After President Aristide's Return" (October 1995); Human Rights Watch/Americas and
National Coalition for Haitian Refugees, "Haiti: Security Compromised: Recycled Haitian Soldiers on the Police Front Line"
(March 1995); Human Rights Watch/Americas and National Coalition for Haitian Refugees, "Rape in Haiti: A Weapon of Terror"
(July 1994); Human Rights Watch/Americas and National Coalition for Haitian Refugees, "Terror Prevails in Haiti: Human
Rights Violations and Failed Diplomacy" (April 1994); Americas Watch and National Coalition for Haitian Refugees, Silencing
a People: The Destruction of Civil Society in Haiti (February 1993); Americas Watch, National Coalition for Haitian Refugees,
and Physicians for Human Rights, Return to the Darkest Days: Human Rights in Haiti Since the Coup (December 1991);
Americas Watch, National Coalition for Haitian Refugees, and Caribbean Rights, "Haiti: The Aristide Government's Human
Rights Record" (November 1991); Americas Watch and National Coalition for Haitian Refugees, "In the Army's Hands: Human
Rights in Haiti on the Eve of the Elections" (December 1990); Americas Watch, National Coalition for Haitian Refugees,
Caribbean Rights, and the International Commission of Jurists, "Reverting to Despotism: Human Rights in Haiti" (March 1990);
Americas Watch, National Coalition for Haitian Refugees, and Caribbean Rights, The More Things Change...Human Rights in
Haiti (February 1989); Americas Watch and National Coalition for Haitian Refugees, "Haiti: Terror and the 1987 Elections"
(November 1987); Americas Watch and National Coalition for Haitian Refugees, Haiti: Duvalierism Since Duvalier (October
1986).
2 Section 540 of the Foreign Assistance Act.


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administration's overriding concern with staving off a possible leftist government in Haiti and the flow of Haitian
"boat people" to the United States left the truth, not to mention any quest for justice, an early casualty of the
certification process.3

Visible discontent with the Duvalier dynasty began to grow in the 1980s. The spark that ignited Haiti's
nascent opposition movement was the army's killing of four high-school students while suppressing a demonstration
in the central Haitian city of GonaY'ves in November 1985. When in late January 1986 the Reagan administration
finally decided not to certify the Duvalier government's compliance with U.S. human rights conditions, the dictator's
fate was sealed. Jean-Claude Duvalier and his family fled Haiti on February 7, 1986, boarding a U.S. military plane
on the first leg of their trip to comfortable exile in France. He faced no criminal actions for the atrocities he directed
and successfully evaded civil suits brought by human rights victims and subsequent Haitian governments.

Frustrated by the overriding absence of justice following twenty-nine years of repression, Haitians engaged
in spasms of vigilante violence-a pattern that was to prove recurrent. From the day of Duvalier's departure, many
Haitians embraced the concept of dechoukage, "the uprooting of the old order." Beyond advocating political changes,
some Haitians periodically attacked suspected "Macoutes" and, in some cases, hacked their presumed former
persecutors to death. Needless to say, this did nothing to establish the rule of law.

The National Governing Council, under Gen. Henri Namphy, Assumes Control, February 1986
With the active involvement of the Reagan administration, a National Governing Council (CNG) was formed
shortly after Jean-Claude Duvalier's flight from Haiti. The CNG was headed by Lt. Gen. Henri Namphy, an
uninspiring figure from the Duvalier army; the new minister of defense and the interior was Col. Williams R1gala,
who boasted a long history of abuse with Duvalier's secret police. Although the CNG vowed to make a "clean break
with the Duvalierist past," its failure to end impunity for past wrongs and continued human rights abuses
overshadowed positive steps, such as the adoption of a new Constitution. The CNG reacted violently to the Haitian
public's fervor to acknowledge past human rights abuses. On April 26, 1986, the army fired on a crowd of several
thousand who had gathered in Port-au-Prince for a memorial to the victims of the Duvalier dictatorship, killing eight.4

Little effort was made to punish those who had presided over the violent crimes of the Duvalier era. There
was no truth commission, no investigation or exposure of past atrocities, and no systematic quest for justice. The
CNG allowed Duvalier's secret police chief, Col. Albert Pierre, and the head of the Tontons Macoutes, Rosalie
Adolphe, to leave the country. The Macoutes, while officially disbanded, were not disarmed, let alone prosecuted.

The sole exceptions to this pattern of impunity were trials of two former Duvalier officials: Luc D6syr,
Duvalier's notorious former secret police chief, and Col. Samuel Jer6mie, who was believed to have ordered the
killing in Ldogane of over one hundred civilians for prematurely celebrating the downfall of the Duvalier dictatorship
in late January 1986. The CNG had not originally planned to arrest D6syr but was compelled to do so "for his own
safety" after some ten thousand Haitians stormed the Port-au-Prince airport to prevent his flight. His trial was a
twenty-four-hour marathon, with little regard for due process or the presentation of competent evidence. The charges
for a double murder committed over two decades earlier seemed designed to quench the popular thirst for vengeance
while avoiding exposure of the involvement of senior military officials in the atrocities of the Duvalier era. D6syr
was found guilty and sentenced to death, even though the *death penalty had been formally abolished in Haiti. His
execution was never carried out. He remained in prison until he was released by the sympathetic military government
in December 1991. The three-day trial of Jeremie, while somewhat more dignified, also focused on an isolated act




3 Americas Watch and National Coalition for Haitian Refugees, Duvalierism Since Duvalier, pp. 67-68.
4 "8 Reported Dead as Haitian Protesters Clash with Soldiers," Chicago Tribune, April 27, 1986.


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of torture and murder, without formally addressing his then-recent involvement in the massacre at LUogane. He was
handed a fifteen-year prison term that ended prematurely with his release by the military in 1991.1

The CNG also responded violently to the emerging Haitian civil society's exercise of modest political
freedoms. The army shot at peaceful demonstrators and church facilities, leaving several hundred dead during the
first twenty-one months of military rule. Instead of expressing regret, the CNG blamed "agitators and provocateurs"
and defended its actions. Haitians soon spoke of "Duvalierism without Duvalier." Yet, the Reagan administration
continued to certify that Haiti's human rights record was improving -and, for the first time in years, convinced
Congress to provide military assistance.

The CNG permitted the drafting of a new Constitution, which was approved overwhelmingly in a March
1987 referendum. The Constitution included provisions prohibiting arbitrary detention and beatings, and precluding
arrests between the hours of 6:00 p.m. and 6:00 a.m. The Constitution also provided for the creation of an Office
of Citizen Protection, an ombudsman for civilian complaints about government abuses, but that office was not
actually created until 1996 and remains unfunded. The new Constitution also contained a provision designed to
establish a modicum of accountability for past abuses by barring human rights violators from running for elected
office, but the CNG actively opposed the exercise of this provision. The constitutionally created Provisional
Electoral Council (CEP) was charged with disqualifying any candidate who had been an "architect" of the Duvalierist
dictatorship or had been involved in the torture or murder of political prisoners. In June 1987, fearing the
independent exercise of this power, the CNG attempted by decree to usurp the CEP's control of the electoral process.
It relented only after three weeks of public protest in which troops killed some thirty-five Haitians.

In early November, the CEP disqualified twelve of the thirty-five presidential candidates from the election
scheduled for later that month. The night of the ruling, men armed with submachine guns torched the CEP's
headquarters as well as the personal business of a CEP member. Raids were also launched against impoverished
neighborhoods where opposition to military rule was most intense. The Reagan administration remained notably
mute about the violence and numerous deaths and continued to deliver military aid. As one senior State Department
official explained, "The army is necessary to hold the country together enough to hold elections."

Having failed to take serious action against human rights abusers within its ranks and bolstered by the
Reagan administration's willingness to shield it from criticism of obvious repression, the CNG showed little restraint
when faced with an election that might challenge its authority. On election day, November 29, 1987, thirty-four
voters and election workers were murdered by armed thugs operating in apparent alliance with the army, including
fourteen victims at a single Port-au-Prince polling place. To avoid further bloodshed, the CEP canceled the elections
after three hours of voting. Only then did the Reagan administration cut off government-to-government aid.

The CNG remained in power under General Namphy's control for nearly another year. An army-sponsored
substitute election on January 17, 1988, was widely boycotted by voters and the leading candidates. Leslie Manigat,
a professor and former Duvalier exile, was named the victor. But in June 1988, when he attempted to exercise
authority by reshuffling the army's senior command and firing Namphy, Manigat was unceremoniously ousted.
General Namphy formally assumed the reins of power himself, dissolved the parliament, and voided entire sections
of the popularly enacted constitution.

Gen. Henri Namphy's Assumes Full Control, June 19, 1988
As he had done while directing the CNG, Namphy responded to periodic high-profile atrocities merely by
announcing the launching of an investigation. This had occurred in response to the massacre of hundreds of peasants
in Jean Rabel in July 1987, the murder of presidential candidates Louis Eugene Athis and Yves Volel in August and


s Americas Watch and National Coalition for Haitian Refugees, Duvalierism Since Duvalier, pp. 33-42.


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October 1987, the election day killings of November 1987, the murder of human rights lawyer Lafontant Joseph in
July 1988, and the killing of four members of a youth organization in Labadie in August 1988. Invariably, no one
was ever arrested or prosecuted.

Namphy's failure to take criminal action against his military and paramilitary colleagues was coupled with
continued severe human rights abuses to quell popular opposition to the government. In September 1988, a band of
armed thugs operating with the open support of the government attacked the Church of St. Jean Bosco in Port-au-
Prince, where Father Jean-Bertrand Aristide, already an outspoken critic of military rule, was conducting mass. At
least a dozen parishioners were killed, some seventy were wounded, and the church was burned to the ground. Father
Aristide barely escaped with his life.

Gen. Prosper Avril Assumes Power, October 1988
The shocking brutality of this attack on unarmed churchgoers sparked a group of junior military officers to
lead a coup that toppled Namphy on September 17, 1988. Believing there was little prospect of formal justice,
Haitians launched another round of mob violence against suspected human rights violators, in this case targeting
those suspected of complicity in the Namphy government's repression.

In October 1988, the officers behind the coup selected Gen. Prosper Avril, a senior military figure, as their
leader. General Avril, portrayed as an enlightened statesman in contrast to the boorish Namphy, enjoyed an initial
honeymoon in his relations with Washington, but demonstrated little genuine commitment to human rights.

Avril took some promising steps in his first year, including ratifying several human rights treaties, reinstating
most of the portions of the Constitution that had been voided by Namphy, and initiating legal and administrative
proceedings against forty-four soldiers for common crimes, although only one soldier was known to have been
convicted and sentenced.6 However, the Avril government made no effort to check the army's persistent resort to
political violence, let alone to hold it accountable for its unlawful actions under Namphy's command. Quite the
contrary, gross abuses continued on a large scale, while Namphy and his chief aides were permitted to flee into exile
to the neighboring Dominican Republic. An investigation into the St. Jean Bosco massacre was announced, but the
results were never revealed. A few close associates of Namphy were dismissed from the army, but none was
prosecuted, nor were their crimes exposed.

Two investigations that did yield public reports were whitewashes. In November 1988, the Avril government
issued a report on the August 1987 murder of presidential candidate Louis Eugene Athis and two of his aides by thugs
linked to rural section chiefs. The report concluded that the victims should have known better than to campaign in
the area. The man who was widely believed to have been the mastermind of the killings, Section Chief David
Philog6ne, was released from protective custody and allowed to flee to the Dominican Republic.

A second report on the November 1987 election day massacre, released simultaneously, failed to identify
a single participant in the slaughter. Two people with knowledge of the army's role in the election day killings were
murdered in November 1988, shortly before the issuance of the investigative report.7 Drafted by a CNG-appointed
commission, the report summarily rejected charges that the army had launched the killing in concert with right-wing
forces. Instead, it blamed the army's critics for the army's failure to halt the violence. Popular outrage at the report
led Avril to propose a new investigative commission, but his insistence that the commission complete its work within
one month led Haitian human rights groups to reject the proposal. No further action was taken.


6 Americas Watch, National Coalition for Haitian Refugees, Caribbean Rights, and International Commission of Jurists,
Reverting to Despotism, pp. 118-21.
Col. Jean-Claude Paul, the feared commander of the Casernes Dessalines, was fatally poisoned in unclear
circumstances. Roland Joseph, a former soldier and reputed hired assassin, was shot at his home by a military patrol.


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Emboldened by the unbroken precedent of impunity, the army used arrests, beatings, torture, and murder to
suppress labor unions, peasant associations, church groups, independent journalists, literacy programs and democratic
activists. As the repression worsened, popular pressure built for Avril, too, to step down. Avril did not fulfill his
vow to hold elections. In November 1989, the Avril government responded to mounting discontent by arresting and
brutally beating three popular leaders. Later investigations revealed that the military officers who had ordered the
leaders' torture were receiving CIA payments at the time.8 International pressure led quickly to the lifting of the state
of siege and the release of the imprisoned activists, but Avril's credibility as the guardian of a transition to democracy
had been definitively tainted.

While the U.S. government had said nothing about mounting abuse during Avril's first year in power, it broke
its silence with the November 1989 arrests and beatings. The shift coincided with the arrival in Port-au-Prince of
a new U.S. ambassador, Alvin Adams, who initially showed himself to be a strong human rights advocate.9

Instead of facing prosecution, on March 10, 1990, Avril, like his predecessors, fled into exile, this time taking
up residence outside Miami. The only trial he was to face was a civil suit brought by American lawyers in U.S. court
on behalf of some of his victims. In 1994 the court entered a default judgement against Avril for $41 million but
Avril did not proffer any funds. Nor were any of his subordinates held accountable. The precedent of impunity
remained unbroken.10

President Ertha Pascal Trouillot Takes Office, March 13, 1990
This time, the presidential torch passed to a civilian, Ertha Pascal Trouillot, a member of the Haitian Supreme
Court with no prior political experience, who took office on March 13, 1990, in a power-sharing arrangement with
a Council of State. The Trouillot government made minimal progress in establishing the rule of law. Even when
military personnel were occasionally arrested-as were Marc-Antoine Lacroix, a police attach who was arrested
for killing seven people, and Elysee Jean-Fran9ois, who was accused of taking part in the St.. Jean Bosco
massacre-their trials were not scheduled." Those in Trouillot's government who wished to bring human rights
offenders to justice were also stymied by the president's failure to implement the constitutional provision establishing
civilian control over the police.

In March 1990, the Trouillot government dismissed six officers from the army. Some of the men had been
publicly accused of mistreating prisoners, but the lack of official explanation or formal charges made these
accusations impossible to verify. The senior officer among them was Maj. Isidore Pongnon, who had been
commander of Fort Dimanche from 1986 to 1988, a time of regular reports of torture from that infamous Port-au-
Prince military detention facility.

The greatest challenge to the rule of law came with the July 7, 1990 return to Haiti of Roger Lafontant, the
ruthless former head of the Tontons Macoutes and a former Duvalier minister of defense and the interior. Lafontant


8 Tim Weiner, "CIA Formed Haitian Unit Later Tied to Narcotics Trade," The New York Times, November 14, 1993.
9 His predecessor, Brunson McKinley, distinguished himself by his faith in the Haitian military and his barely disguised
view that Haitians were "not ready" for democracy. Americas Watch, National Coalition for Haitian Refugees, and Caribbean
Rights, The More Things Change, pp. 121-22.
10 Avril later returned to Haiti under the 1991-94 military regime. He took refuge in the Colombian ambassador's
residence after an arrest warrant was issued for him for alleged acts against the security of the state following the resumption of
civilian rule.
Americas Watch and National Coalition for Haitian Refugees, "In the Army's Hands," pp. 56-57. The two were
ultimately sentenced to life in prison after trials under the Aristide government. Americas Watch, National Coalition for Haitian
Refugees, and Caribbean Rights, "The Aristide Government's Human Rights Record," p. 31.


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had left Haiti in October 1985 in the midst of a Duvalier purge. The army refused to heed Interior Minister Joseph
Maxi's efforts to arrest Lafontant at the airport. For the next six months, Lafontant held a series of public rallies for
right-wing forces while the army pretended that he was nowhere to be found. In October, he filed a bid for the
presidency, which was reviewed and rejected by the new electoral council. In total, the council rejected fifteen of
twenty-six presidential candidates, all on technical grounds, and thereby avoided invoking the controversial
constitutional provision against Duvalier collaborators."2

Elections were scheduled for December 16, 1990. Early in the campaign, the U.S.-supported candidate, Marc
Bazin, led, but the presidential contest was transformed by the late entry of Father Jean-Bertrand Aristide, the
charismatic priest who had been targeted in the St. Jean Bosco massacre. On election day, Aristide secured two-
thirds of the vote in a heavy turnout.

But the failure to assert the rule of law before the balloting led directly to violence in the election's aftermath.
On January 6, 1991, before Aristide's February 7 inauguration, Lafontant, still at large, launched a coup attempt.
The Haitian public flooded into the streets demanding an end to the pre-emptive coup and respect for the results of
the December election. Facing tens of thousands of demonstrators, the army put down the coup attempt and arrested
Lafontant.

Meanwhile, the Trouillot government's earlier failures to satisfy the popular desire for justice led to a
troubling wave of incidents in which the Haitian people took matters into their own hands. From Trouillot's
inauguration through the December 1990 presidential election, some twenty-five Haitians, mostly presumed common
criminals, were lynched. The failed coup unleashed another torrent of popular anger. Mobs killed some thirty
suspected supporters of the coup."3

Jean-Bertrand Aristide Assumes Office as Haiti's First Democratically Elected President, February 7, 1991
President Aristide took office on February 7, 1991, and began a serious effort at institutional reform, focusing
mainly on the army, the rural section chiefs and the prison administration. In his most dramatic move, he announced
during his inauguration speech his "love" for Gen. H6rard Abraham, the army commander-in-chief, before asking
Abraham to retire six of the seven ranking members of the armed forces. In April 1991, pending the enactment of
a law separating the police from the army, Aristide began dismantling the system of rural section chiefs. These
efforts paid off in a significant reduction in violent abuse and a virtual cessation of Haitian refugee flight.14

The Aristide government also made several symbolic efforts to address the atrocities of Haiti's past. It closed
Fort Dimanche, the notorious detention center on the outskirts of Port-au-Prince where Duvalier prisoners were
routinely tortured, executed, or left to die under horrendous conditions. Three Aristide government ministers also
traveled to Jean-Rabel in Haiti's remote northwest on the anniversary of a July 1987 massacre there in which
hundreds had been slaughtered. A funeral mass was held and the exhumation of a number of mass graves was
begun.1



12 Memories of the violence that had met the electoral disqualifications in November 1987 undoubtedly added to the
electoral council's unwillingness to disqualify on human rights grounds.
"1 An additional twenty were lynched following false rumors on January 27 of another coup attempt.
14 Americas Watch, National Coalition for Haitian Refugees, and Caribbean Rights, "The Aristide Government's Human
Rights Record," p. 10.
15 Niko Poitevien, a major landowner implicated in the Jean-Rabel massacre, was arrested in March 1991. He had not
yet gone to trial when the Aristide government was overthrown in September 1991. The restored Aristide government
recommended investigation of the Jean-Rabel killings.


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However, Aristide's efforts to investigate past crimes were less successful. In February 1991, he announced
the formation of a commission to address major human rights abuses of the past. But because those named to the
commission were all government ministers with other pressing duties, it never got off the ground. A second
commission, announced in August 1991, was composed of five prominent independent figures, but made no progress
before another military coup intervened.

In a few human rights cases, criminal investigations were commenced. Arrest warrants were issued for
Franck Romain, the former mayor of Port-au-Prince who was widely believed to have masterminded the 1988 St.
Jean Bosco massacre, and Gen. Williams Rdgala, the defense minister under the CNG and Namphy governments.
Both fled the country before they could be arrested. A summons was issued for Col. Joseph Baguidy, the former
commander of the police's Criminal Research Bureau (Recherches Criminelles), who was a prime suspect in the 1987
murder of presidential candidate Yves Volel, but he refused to return to Haiti from a diplomatic post in the
Dominican Republic

With courtroom justice in short supply, the issue of "popularjustice" remained a potent one during Aristide's
tenure. From his inauguration on February 7 to his ouster by a military coup on September 30, some twenty-five
people were lynched at the hands of Haitian mobs, although at least eighteen of them were common criminal
suspects. None of these lynchings was ordered by Aristide, and at times members of Aristide's government would
speak out against them. But the president never threw his considerable moral authority behind the condemnation.
Indeed, at times, Aristide seemed to endorse the threat of vigilante violence as a legitimate political tool.'6 Aristide
claimed that threats of popular violence were needed to counter behind-the-scenes pressure allegedly exerted on the
judiciary by repressive forces, but in one highly visible case-the July 1991 trial of Roger Lafontant for his January
1991 coup attempt-Aristide's endorsement of the threats of vigilante violence against the judiciary further
undermined its independence."7 Aristide also counter-aimed popular violence against the freely-elected parliament
at a time when it was considering impeaching his prime minister, Ren6 Pr6val.

Gen. Raul C6dras, Lt. Col. Michel Francois, and Gen. Phillippe Biamby Lead a Coup d'Etat Forcing President
Aristide into Exile, Sept. 30, 1991
Once the coup was launched, the army's atrocities quickly dwarfed Aristide's worst failings. An estimated
one thousand were slaughtered in the month following the coup, and an estimated two to three thousand more lost
their lives to political violence over the next three years. Thousands more suffered "disappearance," torture, beatings,
rape, threats, arbitrary detention, and extortion. In large part to escape this repression, some 100,000 would flee the
country by land or sea, and another 300,000 would be forced to hide in internal exile, a phenomenon referred to by
Haitians as marronage. The principal target of the repression was the vigorous civil society that had taken root in
Haiti and formed the core of Aristide's support. The army banned virtually all forms of independent assembly and
association. Peasant associations, church groups, trade unions, student organizations, and the independent press were
terrorized and shut down.' Poor neighborhoods assumed to be loyal to Aristide were ruthlessly attacked.




16 Two such speeches stand out. The first was in July 1990 when Aristide endorsed a crowd's threatening conduct
outside Roger Lafontant's trial (which contributed to the judge imposing sentence beyond that allowed by law) and the second
was on September 27, 1991, just after Aristide's return from a triumphal appearance before the U.N. General Assembly, while
rumors spread of an impending coup. Referring to "a beautiful instrument" which "smells good"-an apparent allusion to
necklacing with a burning tire-he repeatedly called on his followers, "Don't neglect to give him [a false supporter] what he
deserves."
17 Anne-Christine d'Adesky, "Haiti: Titid! President Jean-Bertrand Aristide," Interview, October 1991.
'8 For a chronicle of the popular organizations attacked, see Americas Watch and National Coalition for Haitian
Refugees, Silencing a People.


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The army's goal was to return Haitian society to the atomized state of the Duvalier era in order to neutralize
the popular unrest that had brought down previous dictatorships. Regular army troops were assisted in their
repression by newly reinstated section chiefs, attaches (civilians used by the military to intimidate and extort) and,
beginning in September 1993, an allied paramilitary organization known as FRAPH, an acronym that played on the
French verbfrapper, to hit. The U.S. reportedly kept FRAPH founder Emmanuel Constant on the C.I.A. payroll and
favored FRAPH's formation as a counterbalance to Aristide's alleged extremism. The paramilitary group was used
to provide a facade of deniability for army repression.

Needless to say, the limits of past efforts to establish accountability were apparent as those who had been
swept from power but not tried or imprisoned retook their posts and resumed their violent ways. Among those
attacked were lawyers representing victims of military violence, so that few were willing to take on new clients who
had been beaten, detained or disappeared. Similarly, physicians refused to conduct medical examinations needed to
establish the severity of injuries. Members of the judiciary who were not already complicit with the military were
intimidated into acquiescence. Victims, in turn, rather than coming forward to file formal complaints, were driven
into hiding.

Meanwhile, the army dismantled the minimal gains of the Aristide government. The military declared a 1991
Christmas Eve amnesty for all prisoners convicted of "political" offenses. Among those freed were Luc Ddsyr, the
former Duvalier secret police chief who had been convicted in 1986; Col. Samuel Jdremie, also convicted in 1986;
over half of the twenty-one men found guilty with Roger Lafontant of participating in the attempted coup of January
1991; and Isidore Pongnon, the former commander of Fort Dimanche whom the Aristide government had arrested.
Lafontant was murdered in his cell at the National Penitentiary as the coup unfolded.'9

Washington initially expressed its determination to reestablish elected government in Haiti but this concern
was soon superseded by its preoccupation with stemming the vast flow of would-be refugees fleeing the country.
Under a 1981 agreement between the Reagan administration and the Duvalier government, Washington traditionally
dealt with Haitian "boat people" by interdicting them on the high seas and, after cursory screening aboard U.S. Coast
Guard cutters, returning the vast majority to Port-au-Prince.20 The refugee problem led both the Bush and Clinton
administrations to downplay the severity of human rights abuses in Haiti and, accordingly, the importance of bringing
military officials to justice for their crimes. Washington thus sought to portray the violence as the uncoordinated
acts of low-level soldiers rather than the systematic attack on Haiti's civil society that it was. For example, a State
Department asylum opinion issued in December 1991 preposterously claimed that "we have no reason to believe that
mere identification of an individual as an Aristide supporter puts that individual at particular risk of mistreatment
or abuse."21


9 The prison's warden, an army officer, admitted ordering the murder but claimed that Aristide telephoned him and
ordered him to do so under threat of death. The warden's story was unlikely, given that at the time Aristide, his own life in
jeopardy, was either in military custody or surrounded by army troops. Moreover, the army had a clear motive to rid itself of
Lafontant, a potentially powerful rival.
20 According to State Department figures, only twenty-eight of the 22,716 Haitians interdicted between 1981 and the
September 1991 coup were allowed to enter the United States to pursue asylum claims. AW, National Coalition for Haitian
Refugees, Jesuit Refugee Service/USA, "No Port in a Storm: The Misguided Use of In-Country Refugee Processing in Haiti"
(September 1993).
21 An April 12, 1994 cable from the U.S. Embassy to Secretary of State Christopher acknowledged increasing human
rights violations but expressed skepticism about victims' reports of abuse: "The Haitian left manipulates and fabricates human
rights abuses as a propaganda too..." Regarding political rapes, the cable stated: "We are, frankly, suspicious of the sudden, high
number of reported rapes, particularly in this culture, occurring at the same time that Aristide activists seek to draw a comparison
between Haiti and Bosnia." The cable was written by U.S. human rights officer Ellen Cosgrove, approved by Amb. Swing,
reviewed by in-country processing Refugee Coordinator Luis Moreno, and leaked to the press in May 1995.


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In part because of this whitewash and in part because of the need to ensure the army's continued willingness
to accept the return of would-be refugees, both the Bush and Clinton administrations pressed President Aristide to
share power with Haiti's murderous military leaders and to abandon his insistence on the right to bring them to
justice. Part of this effort seemed to be repeated efforts to challenge President Aristide's sanity. Finally, however,
CIA agent Brian Latell, the chief proponent of the theory that Aristide was mentally ill and had been institutionalized
in Canada, admitted that he had lied to Congress and relied on information gathered by sources sympathetic to the
military government.

The United Nations also was prepared to sacrifice any hope for accountability in the name of an elusive
agreement by the army to leave power. The principal negotiator for the U.N. and the OAS, former Argentine Foreign
Minister Dante Caputo, even went so far as to present the army with model amnesty laws drawn from other
countries.22 Indeed, by suggesting that an amnesty would cover even contemporary human rights crimes, the
international community seemed to be facilitating the abuses that a U.N.-OAS human rights observer mission in Haiti
was in the process of documenting and trying to stop. Instead of urging accountability for human rights abuse,
Washington and its international partners spoke of the need to "professionalize" the army-a goal that left vague
whether dismissal and prosecution of abusive officers, rather than mere training, would be required.

Despite his spotty record in the Presidential Palace, Aristide in exile never relinquished his quest for justice.
His firm refusal to endorse a broad amnesty became the principal sticking point during lengthy negotiations with the
army leading up to the Governor's Island Accord of July 1993. Aristide insisted that no general amnesty was
permissible, despite substantial pressure from the Clinton administration for a blanket amnesty. In a compromise,
the accord called for an amnesty to be granted in accordance with the Haitian constitution, Article 147 of which
allows the president to amnesty political offenses but not common crimes. On October 3, 1993, Aristide decreed an
amnesty for political offenses committed between the date of the coup and the signing of the Governors Island
Accord, which would apply to acts of rebellion or treason, but he maintained that common crimes, such as murder,
torture, and rape, even if politically motivated, could be the subject of prosecution.23

Aristide's position could be justified by the distinction between crimes against the state, which the state is
entitled to pardon, and crimes against individuals, which the state should have no right to forgive. Although Haiti
at the time lacked the judicial resources to ensure fair prosecution of any more than a handful of cases, the principle
that the state should be able if possible to prosecute cases of political murder was an important one to preserve.

The signing of the Governors Island Accord began a period of repression which intensified with the approach
of October 30, 1993, the date envisioned under the accord for the army to relinquish power. Because of the presence
of international observers, much of the repression was carried out by attaches and paramilitary groups acting in
concert with the army, rather than by uniformed soldiers, to enable the army, while broadening its repressive reach,
to deny responsibility. Among the more brazen murders: in September, three people were murdered as Port-au-
Prince mayor Evans Paul attempted to regain his office, and a prominent businessman and Aristide supporter,


22 Lawyers Committee for Human Rights, Haiti: Learning the Hard Way: The OAS/U.N. Mission in Haiti, (January
1995), p. 142.
23 Human Rights Watch/Americas and National Coalition for Haitian Refugees, "Terror Prevails in Haiti," pp. 35-36;
Lawyers Committee for Human Rights, Learning the Hard Way, pp. 105-10, 144. The Governors Island Accord also required
"implementation of the other instruments which may be adopted by the parliament on this question" -- a loophole that might have
led to a blanket amnesty. Washington and its international partners pressed the Haitian parliament to adopt a broad amnesty that
would have included murder, disappearance, torture and rape. Learning the Hard Way, pp. 144-45. But the legislature, despite
military intimidation, never adopted an amnesty law until after the U.S.-led military intervention and then it tracked the
constitutional distinction between political and common crimes. William G. O'Neill, "Human Rights Monitoring vs. Political
Expediency," 8 Harvard Human Rights Journal (Spring 1995), pp. 122-23.


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Antoine Izm6ry, was assassinated by men in plainclothes operating with military assistance; and in October, the
Aristide-selected justice minister, Guy Malary, was gunned down. MICIVIH reported that in a small number of cases
the army had informed it of the arrest of soldiers allegedly responsible for abuse, but in no case were these soldiers
known to have been brought before a court.24

Aristide's last point of principle, his insistence that the mass murderers of the Haitian army would not be
amnestied, was an obvious target for Clinton's compromisers. The vehicle was former President Jimmy Carter.
Accompanied by Senator Sam Nunn and retired Gen. Colin Powell, Carter traveled to Haiti on the eve of a planned
U.S. military invasion to topple the coup regime for a last-ditch effort to convince the military leadership to step
down voluntarily. On September 18, 1994, he succeeded. But the price, agreed to by the Clinton administration, was
the promise of a general amnesty-not only for crimes against the state but also for the crimes of murdering,
disappearing, torturing and raping individuals. Aristide was not even consulted as the principle he had upheld during
three years of exile was abandoned over a single weekend.

Fortunately, the Clinton administration lacked the power to implement this retreat from accountability. Since
under the Haitian constitution the legislature must enact a general amnesty, Haitian parliamentarians were handed
this presumably perfunctory step. They refused. Instead, in October 1994, they passed an amnesty largely along the
lines on which Aristide had long insisted, covering unconditionally only crimes against the state, not human rights
abuses against individuals. On September 19, the senior officials of the military junta-Gen. C6dras, Gen. Philippe
Biamby, and Port-au-Prince police chief Col. Michel Frangois-had little choice but to hand over power. However,
because the U.S. government was committed to granting them amnesty, U.S. troops did not stand in the way of their
flight into exile. Once more, the architects of repression had escaped justice.


III. IMPUNITY FOLLOWING PRESIDENT JEAN-BERTRAND ARISTIDE'S RETURN ON OCTOBER
15, 1994, AND PRESIDENT RENE PREVAL'S INAUGURATION ON FEBRUARY 7,1996

The restoration of President Jean-Bertrand Aristide to power on October 15, 1994, and the peaceful transition
to Haiti's second democratically elected president, Ren6 Pr6val, on February 7, 1996, presented Haiti with a
significant opportunity to take a firm stand against impunity. Once more, civil society flourished as political
repression waned. But while the government successfully prosecuted a handful of prominent human rights violations,
persistent impunity left human rights victims thirsting for justice.

The government-supported truth commission barely got off the ground. When it did marshal sufficient
resources to take complaints and prepare a detailed report of human rights violations under the military government,
the 1,200-page report remained filed away from public scrutiny in the Justice Ministry. Scores of victims who had
come forward to give their testimony about abuses to representatives of the truth commission or complaint bureaus,
or who had reported abuses to MICIVIH during the military government, wrongly presumed that their cases would
be investigated further, that they might receive reparations, and that the perpetrators of violence would face criminal
penalties. Victims who presented criminal complaints in Haitian courts met inaction in all but a handful of cases.
While the governments' initiatives against impunity were applauded at the outset, its failure to follow through and
provide justice, or even truth, for victims of the military government called into question its will to tackle this
fundamental problem.

Searching to explain this abdication of responsibility by Haiti's democratic governments, many fingers
pointed toward the United States. Even as Aristide returned to Haiti, the U.S. government continued to support the


24 U.N. Secretary-General, The Situation of Democracy in Haiti, A/48/1993 (New York: UNIPUB, Oct. 25, 1993);
O'Neill, "Human Rights Monitoring vs. Political Expediency," pp. 111-12.


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adoption of a broad amnesty. More troubling still, the U.S. government directly impeded the prosecution of human
rights crimes in Haiti by refusing to return documents seized from FRAPH and Haitian military headquarters and
by reaching a secret settlement with FRAPH's leader, Emmanuel Constant, which allowed Constant to remain in the
United States with a work permit while evading deportation to Haiti and criminal prosecution for human rights abuses
there.25 The U.S. government's actions with regard to FRAPH, which was founded by Constant while he reportedly
was on the CIA payroll, suggest the U.S. government is engaged in a cover-up of its own illegal actions in Haiti.

In 1996, impunity for human rights violators has again raised the specter of insecurity. Having never faced
prosecution for human rights abuses, demobilized Haitian soldiers and former paramilitaries have been implicated
in continuing criminal acts, including some directly threatening the security of the state.26 The lack of prosecutions
of soldiers dismissed from the security forces, and the failure to disarm them, left an alienated, disgruntled, and
dangerous opposition to civilian rule that has already plagued the fledgling elected government and may contribute
to greater problems once international troops depart. In September 1996, attacks in Port-au-Prince on government
offices and on political leaders from an opposition party created a strong feeling of insecurity once again.

A new civilian police force, the Haitian National Police, was created to replace the army and gradually
reached a-full strength of over 5,000 officers. During the year that the police force was formed, law enforcement was
delegated to an Interim Public Security Force of former soldiers. Only perfunctory efforts were made to screen out
soldiers who had been involved in violent abuse or to train those selected.27 Predictably, given the lack of vigorous
screening, the interim police force was responsible for the occasional use of excessive force. While these incidents
usually led to disciplinary action and dismissal from the force, prosecutions were not forthcoming.28 As the new
force reached its full complement of officers in the summer of 1996, it already was implicated in serious, although
not systematic, abuses of the civilian population. At the same time, the police were targeted by unknown assailants,
and eight officers were killed between March and August. While the investigative and disciplinary actions of an
internal inspector general's office were encouraging, the judicial system once again lagged behind and made little
progress on criminal prosecutions of abusive police officers.29

The Haitian public's frustration with the judiciary's historic corruption and complicity with the military,
which ensured impunity for human rights abuses and common crimes, has contributed to recurring incidents of
vigilante violence. Yet, rather than return to the overtly political dechoukage of the post-Duvalier years, the most
frequent scenario today involves public accusations of thievery after which mobs descend on and beat the accused
to death. A disturbing number of these incidents occurred in the spring of 1995, peaking with forty-five killings in




25 Marcia Myers, "Haitian's Deal with U.S. could let him avoid trial in atrocities," The Baltimore Sun, July 27, 1996,
and Farhan Haq, "Une entente secrete pour libdrer le chef du FRAPH selon les critiques," Le Nouvelliste, June 26, 1996.
26 For example, on the night of August 18-19, 1996, approximately twenty men wearing khaki uniforms, reportedly
former soldiers, attacked the central Port-au-Prince police station, killing a boy who was sleeping nearby, and fired shots at the
National Palace.
27 The U.S. Justice Department's International Criminal Investigations and Training Assistance Program (ICITAP)
conducted a limited review of the human rights record of applicants to the force, but the screening was generally confined to a
two-week period with little input from independent sources.
28 Americas Watch, National Coalition for Haitian Refugees, and Caribbean Rights, "Human Rights After President
Aristide's Return," pp. 10-11.
29 For a detailed discussion of human rights abuses committed by the Haitian National Police force, see the forthcoming
report on police abuses by Human Rights Watch/Americas, National Coalition for Haitian Rights, and Washington Office on
Latin America (publication expected in October 1996).


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March.30 One significant outburst of violence against those linked to the former military regime occurred in
November 1995. Following the November 7 murder of parliamentarian Jean Hubert Feuill6, a close ally of President
Aristide, the president broke with his careful discouragement of popular retaliation. During a November 11 eulogy,
Aristide recklessly urged his followers to assist the police with disarmament. Roadblocks were promptly set up,
houses were burned, and eight people were murdered, including six victims who were believed to have collaborated
with the deposed military government.3 Following these incidents, vigilante killings continued but did not return
to the high levels of earlier in the year. Nevertheless, the death of three prisoners in June 1996, who were dragged
from a prison cell in the southern town of Roseaux prior to trial and hacked to death, highlighted the public's
continued reliance on popular "justice" and deep distrust of the judicial system. Disappointingly, the impunity that
gave rise to these killings also has been extended to those responsible for vigilante violence.

The Haitian Commission for Truth and Justice Report Held Hostage
In December 1994, the Aristide government announced the formation of a National Commission for Truth
and Justice (Commission Nationale de Veritd et de Justice), under the direction of Haitian sociologist Frangoise
Boucard. In March 1995, three Haitian and three foreign commissioners were named to serve with Boucard. The
commission was supposed to document the most serious human rights violations committed during the three years
of military rule (though not under the Aristide or earlier governments) and to prepare a public report of its findings
together with recommendations about reparations, the rehabilitation of victims, and legal and administrative measures
to prevent the recurrence of gross abuses. In September 1995, Boucard announced that the commission's report
would identify perpetrators by name when the evidence permitted, although the commission lacked the power to
initiate prosecutions. The commission was plagued by inadequate resources, including delayed international financial
support, poor management and shortage of time, materials, and staff, and was under considerable pressure to deliver
its report before the end of Aristide's presidential term in February 1996. The commission completed its 1,200-page
report Si MPa Rele ("If I Don't Cry Out...") shortly before Aristide stepped down and the report was passed on to
the Pr6val government.32

The commission's mandate prohibited it from initiating prosecutions of any of the 8,652 human rights cases
it documented, but expectations were high that its report would at least provide a public accounting of gross human
rights violations under the military government. However, over seven months after the report's completion it has
yet to be published and has had no visible impact. Only the recommendations were released, which one human rights
advocate likened to a doctor providing a prescription without a diagnosis. The recommendations standing alone did
little to address the root causes of human rights abuse in Haiti, nor did they provide an opportunity for victims'
stories to be told in an official forum. Meanwhile, human rights victims and the courts have no access to potentially
useful documentation of human rights crimes.

President Pr6val's justice minister, Pierre Max Antoine, attributed the failure to publish the report to the
excessive cost of photocopying such a hefty tome and offered to provide computer copies of the document to anyone
who would provide the ministry with diskettes. Human Rights Watch/Americas delivered diskettes to the ministry
in June and, despite repeated follow-up visits and calls, had not received a copy of the document as this report went
to press. Asked whether the U.S. Embassy would consider financing such an endeavor, given its earlier failure to




30o Americas Watch, National Coalition for Haitian Refugees, and Caribbean Rights, "Human Rights After President
Aristide's Return," pp. 12, 21; Human Rights Watch/Americas and National Coalition for Haitian Refugees, "Security
Compromised," pp. 16-17, 20-21.
3' "Aristide Critics See Intimidation As Pre-Election Violence Flares," The New York Times, November 16, 1995.
32 The report title refers to a Haitian Creole saying: Si m pa rele, m'ap toufe. Highlighting the need to speak out against
injustice, the saying is translated as, "If I don't cry out, I will suffocate."


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support the truth commission, Amb. William Lacy Swing told Human Rights Watch/Americas that the U.S.
government had more urgent priorities.

Human Rights Cases in the Haitian Courts
Haitian courts have made limited progress in pursuing scores of criminal complaints presented by human
rights victims since President Aristide's return. These complaints represent only a fraction of the human rights
violations inflicted by the military government, including between 3,000 and 4,000 extrajudicial executions, and
thousands of beatings, torture, rape and arbitrary detentions. Undoubtedly, many more cases would have been filed
had there been less confusion about the role of the truth commission, the complaint bureaus that were briefly opened
under Aristide, and MICIVIH. Victims, who in many cases were reluctant to come forward due to fear of retaliation
from former soldiers or paramilitary members, expressed frustration at the lack of results. Witnesses, judges and
other judicial staff also expressed nervousness about possible repercussions if they were to take part in human rights
cases. Many of those who had presented their cases to the truth commission, the complaint bureaus, and MICIVIH,
did not realize that they also needed to file separate criminal complaints, or they simply were disheartened at the
prospect of presenting another complaint with limited hope of results.33 By late 1996, prosecutors attained criminal
convictions in approximately thirty cases nationwide of abuses committed by soldiers, attaches, section chiefs, and
FRAPH members, who in most cases received short-term prison sentences relative to the severity of the crime. The
Haitian government also had limited success in prosecuting a handful of prominent cases, detailed below. The vast
majority of criminal complaints, however, did not lead to further investigation, arrest warrants, detentions, or
criminal trials.

Under significant international pressure to hold elections and enact economic reforms, the Aristide and Pr6val
governments' unwillingness to make the prosecution of these cases a top priority impeded significant progress. A
comprehensive policy against impunity is needed to overcome a weak judicial system plagued by minimal material
resources and a history of corruption; infrequent criminal court sessions; poor investigative capacity; the absence
of potentially crucial evidence seized from FRAPH and military headquarters by U.S. troops in October 1994 and
not yet returned to Haiti; and, the U.S. government's refusal to deport or extradite FRAPH leader Emmanuel Constant
to face criminal charges in Haiti. Nonetheless, the successful prosecution of even a few human rights cases
demonstrated the possibility that, when it chose to do so, the Haitian government could make genuine progress
against impunity.

While Haiti's judicial system suffered from continued material and human resource deficits, domestic and
international efforts contributed to some improvement in its functioning. The Justice Ministry distributed basic legal
codes and office supplies to courthouses and provided salary increases for a judiciary that was historically susceptible
to corruption and political influence. Aristide's government replaced many judges named by the military, although
many others perceived as sympathetic to the military and "Macoutes" remain -- a significant deterrent to the bringing
of criminal complaints by human rights victims. Meanwhile, inadequate police training in investigative techniques
and police frustration with the inefficiencies and corruption of the courts contributed to failures to observe proper
arrest procedures and an emerging practice of police beatings during interrogation.

International support allowed for improvements in the functioning of the Haitian courts and the prison
system. The Canadian government offered assistance to rehabilitate all fourteen provincial civil court tribunals. A
five-year $18 million U.S. "Administration of Justice" program that began in September 1995 promised equipment,
training, administrative reforms, and mentoring for some judges and prosecutors. The U.S. program got off to a slow
start, stunted by minimal prior consultation with Haitian governmental representatives, staff who were insufficiently



MICIVIH has offered restricted access to its files of human rights complaints to the truth commission, the Justice
Minister and judges (with specific requests), the Special Investigative Unit, and victims of human rights abuses. MICIVIH only
releases the names of witnesses with their express permission to do so.


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familiar with the Haitian legal system, and breakdowns of communication with the Haitian Justice Ministry and other
international actors. At the end of the first year of the program, the U.S. Agency for International Development (US-
AID) contractor, the Checchi company, had little to show beyond two small scale initiatives to provide legal
assistance to prisoners. In light of persistent criticisms of the program, in mid-1996 US-AID insisted on personnel
changes, including replacing the program director. In a separate initiative, the U.S. Department of Justice
collaborated in a program for training judges that was well-received. France provided month-long training sessions
at its prestigious National Judges' Academy (Ecole Nationale de la Magistrature).

Aristide's creation of a National Penitentiary Administration (Administration Penitentiaire Nationale,
APENA) marked an encouraging departure from horrendous prison conditions and practices in Haiti's past. The staff
of the new prison authority received training from French experts and undertook important reforms, including the
creation of regularized prison registries. The International Committee of the Red Cross, working with the Haitian
Public Works Ministry, undertook physical rehabilitation of several prisons. While overcrowding and substandard
conditions persist in some prisons, the prison system overall has improved a great deal, there are fewer escapes, and
the APENA prison guards have not been implicated in systematic human rights abuses like those committed by their
military predecessors.

In spite of these and other barriers, a fervent desire for justice inspired scores of Haiti's many thousands of
human rights victims to present criminal complaints directly to the courts, either on their own or with the assistance
of nongovernmental organizations, after the return of democratic government.34 However, victims of political rape
were extremely reluctant to seek prosecution of their attackers, and few have done so. Women who had been raped
were dissuaded from making criminal complaints due to the severe trauma induced by the attack, the shame still
linked to sexual crimes, the difficulty of identifying attackers, and the challenge of providing forensic evidence of
rape (particularly when, at the time of the crime, few victims had access to medical treatment or were willing to risk
reprisals to obtain it). Victims of human rights abuses, especially those who had become physically impaired as a
result of torture or who had lost family members, also were interested in receiving compensation for the damages
inflicted upon them.

While these complaints occasionally resulted in arrest warrants or summonses being issued, most did not
ultimately lead to criminal trials. The Justice and Peace Commission assisted over fifty human rights victims file
criminal complaints, beginning as early as November 1994, but as of June 1996 these complaints had not led to a
single criminal conviction or successful provision of reparations. Nonetheless, while figures were difficult to verify,
courts reportedly convicted former soldiers, attaches, FRAPH members, or other military allies in approximately
thirty cases of abuses committed under the military government. However, these cases reportedly were marked by
procedural irregularities and light sentences relative to the gravity of the offenses.35 In a number of cases where
alleged human rights violators fled the Haitian justice system, the government resorted to prosecution of absent
defendants (in absentia, such as Col. Michel Frangois). While this provided an important opportunity to bring absent
defendants into court, the government should make every effort to bring suspected criminals into court for trial before
turning to in absentia trials as a secondary option.36 In many court cases, the judiciary faced pressures both from
victims and from supporters of the military government.



34 The Catholic Justice and Peace Commission (Commission Justice et Paix) and the Peasant Movement of Papaye
(Mouvman Peyizan Papay) have undertaken the most extensive efforts to assist human rights victims wishing to file criminal
complaints.
In some cases, judges sympathetic to the military dismissed cases by invoking a military-endorsed provision creating
a three-year statute of limitations that is no longer valid. Telephone interview with Denis Racicot, Ombudsman for Truth
Commission Follow-Up, MICIVIH, September 10, 1996.
36 Haitian criminal law permits defendants convicted in absentia to seek a new trial within five years of their conviction.


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The most recent trial leading to conviction for a human rights abuse committed by the military government
occurred in July 1996 in the Central Plateau town of Hinche. The case illustrates some of the problems facing the
few human rights victims who have seen their cases go to trial. Four men linked to the military government were
indicted for the January 18, 1994 murder of Eluckner Elie, a leader of the Peasant Movement of Papaye (Mouvman
Peyizan Papay, MPP).7 At trial, the judge reportedly limited the opportunities for witness testimony making it more
difficult for prosecutors to build their case. Gamier Hillaire, a former soldier, and Bethany Pierre, a former assistant
to a section chief, were convicted of the murder while the two other suspects were acquitted. The trial judge, who
was perceived as sympathetic to the former military, then imposed a sentence of only three years for the crime for
which the prescribed sentence is forced labor for life.3 The demand for $250,000 Haitian dollars in damages remains
unresolved.39

The government's first prosecutorial initiative upon President Aristide's return was the creation of complaint
offices bureaux de doliances). These offices were to provide legal assistance to help victims of the military regime
initiate prosecutions. The offices met with mixed success. They were plagued by insufficient funding, poor public
awareness of their existence and function, an unclear mandate and relationship to local courts, and later, an abrupt
demise, with little attention paid to the status and security of the recorded complaints. The offices did assist with
filing some 200 cases while Aristide was in office, resulting in the detention of several dozen lower-level military
and paramilitary operatives. Further success was stymied by a lack of resources, difficulty in locating defendants,
and a failure of judicial will to follow through with criminal prosecutions.

Aristide also convened a special team of foreign lawyers to prepare a small number of cases of the most
notorious political murders under the C6dras government: those of Justice Minister Guy Malary in October 1993,
Aristide financial supporter and political advisor Antoine Izm6ry in September 1993, long-time Aristide ally Father
Jean-Marie Vincent in August 1994, and teacher and activist Jean-Claude "Claudy" Museau in January 1992. With
time, the international lawyers have taken on responsibility for additional prominent cases, including the 1994
massacre in Raboteau and the FRAPH arson in Cit6 Soleil in December 1993 (which killed approximately fifty
residents and destroyed hundreds of homes), and began assisting the Special Investigation Unit (SIU, discussed
below) as consultants to the Ministry of Justice. As detailed below, this legal team has been the driving force behind
the Haitian government's convictions in the Museau and Izmery cases.

The government's success in these cases was dimmed, however, by the fact that all but one of the convictions
were of defendants tried in absentia. Also, the legal team suffered a resounding defeat with the acquittal of two
suspected participants in the assassination of Justice Minister Guy Malary. Nor has the team made notable progress
on the case of Father Jean-Marie Vincent, who was killed on August 28, 1994, as he attempted to enter his residence
in Port-au-Prince. Vincent had faced death threats for years arising out of his work with peasant organizations in
Jean-Rabel, the site of a brutal 1987 massacre, and his friendship with President Aristide. Although President Clinton
highlighted his death as one of the justifications for the American intervention in Haiti, and his case was included
in Aristide's list of priority investigations, the Haitian government has not arrested or brought to trial any suspect in
his killing. The lawyers' efforts to move forward on a number of these cases reportedly have been stymied by a lack
of sufficient resources and staff, and intermittent support from the Justice Ministry.





Elie, a trainer and organizer with MPP, had emerged from hiding in Port-au-Prince to visit his family in Bassin Zin,
near Hinche, when he was killed. MPP representatives reportedly were instrumental in moving this case forward.
38 Title II, Chapter I of the Haitian Penal Code (Code Pinal) details crimes against the person. Section 1 (1) defines
murder and the penalty for it.
9 Telephone interview with Denis Racicot, September 10, 1996.


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President Aristide created a Special Investigation Unit in late 1995 to investigate politically motivated crimes
committed before, during, and after the period of military rule.40 The SIU has worked collaboratively with the
international lawyers team. The unit operates with international support, including two U.S. government staff, and
is assisted by approximately thirty-five policemen (known as the criminal brigade, brigade criminelle).4 In
November 1995 the justice minister delivered a list of seventy-seven human rights crimes to be investigated by the
brigade. The list included a series of massacres as well as murders of prominent individuals, including several
assassinations committed since Aristide's return.42 In the short period before Aristide stepped down, the unit was
responsible for the arrest of two suspects and conducted investigations resulting in the issuance of four other arrest
warrants in connection with the murder of legislator Jean Hubert Feuill. The SIU received FBI assistance for an
investigation of the March 1995 killing of a prominent pro-military attorney, Mireille Durocher Bertin, and her client,
a pilot with possible links to drug-traffickers, Eugene Baillergeau. Initial allegations that President Aristide's interior
minister, Mond6sir Beaubrun, may have had some role in the killing were never confirmed, and the case remains
open. The FBI team completed its investigation and provided an oral briefing of its findings, but no material
evidence, to Haitian investigators in December 1995.43

Activist Claudy Museau
The first prominent trial for human rights abuses committed under the military government occurred on June
29, 1995, in Les Cayes. Lieutenant Jean-Emery Pyram was sentenced in absentia to sixty years at hard labor for the
murder of the teacher and activist Jean-Claude "Claudy" Museau, who died in January 1992 after being severely
tortured. President Aristide had selected Museau's case as one of the government's high priority cases in January
1995. Although others allegedly participated in Museau's torture, no one else has been tried in this case.

Aristide Supporter Antoine Izmery
Antoine Izmery, a prominent supporter of President Aristide, was dragged from a memorial church service
honoring victims of a 1988 massacre, forced to kneel in the street, and shot point blank in the head on September 11,
1993. The assassins acted in a highly organized fashion, blocking access to the area, sending armed men onto the
church grounds, and disregarding the presence of domestic and international human rights observers and the press.
Police vehicles escorted the assassination team to and from the site. A MICIVIH investigation concluded that "the
elaborate plan to assassinate Antoine Izmery could not have been carried out without the complicity, if not the
participation, of highly placed members of the Haitian armed forces.""44

On August 25, 1995, one of over fifteen implicated by MICIVIH in carrying out the killing, attach G6rard
"Zimbabwe" Gustave, was convicted of Izm6ry's assassination and sentenced to life imprisonment. The next month,
seven others were convicted and sentenced to life imprisonment in absentia for the Izmery murder, including former
Port-au-Prince police chief Col. Michel Frangois, the former commander of the police's Anti-Gang Service, Capt.




40 The SIU priority cases are listed at section VI of this report.
4' The U.S. supported two staff at the SIU who worked on cases arising in the period following President Aristide's
return from exile, particularly the Durocher Bertin killing.
42 The Dole Amendment to the Fiscal Year 1996 Foreign Operations Appropriations Act required the suspension of U.S.
foreign assistance to Haiti unless the Haitian government investigated a number of cases of reportedly politically motivated
killings, most of which occurred following President Aristide's return. The most prominent of these cases was the March 1995
murder of Mireille Durocher Bertin and Eugene Baillergeau.
43 Interview with U.S. Ambassador William Lacy Swing, June 24, 1996.
44 OAS/UN International Civilian Mission in Haiti, Report on the Assassination ofAntoine Izmery, November 1993.
Antoine Izmdry's brother Georges, who resembled him, was assassinated on September 26, 1992.


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Joanis Jackson, and the second-ranking leader of FRAPH, Louis Jodel Chamblain.45 In April 1996, Frangois fled
the Dominican Republic for exile in Honduras, where, despite his notorious human rights record, the Honduran
government granted him political asylum. Franck Romain, another high-profile Haitian human rights abuser, also
fled the Dominican Republic for political asylum in Honduras. Haitian and U.S. government sources concurred in
stating that, while Frangois and Romain escaped the Haitian justice system, the Haitian government favored the move
to distance itself from an imposing threat to stability. However, Haiti's long-term stability would be better served
by the prosecution and punishment of Frangois, Romain, and other notorious human rights violators who have sought
exile in other countries.

Justice Minister Guy Malary
The Aristide government's justice minister, Guy Malary, was assassinated on October 14, 1993. His driver
and a bodyguard were also killed. The police blocked international human rights observers from the scene for over
an hour. When finally granted access, MICIVIH observers saw the commander of the Investigation and Anti-gang
Service of the police (Service d'investigation et de recherches Anti-gang) ordering the round-up of frightened
witnesses. Since the restoration of democratic government to Haiti, government attorneys have accused three
individuals of participation in the assassination: Marcel Morissaint, Robert Lecorps, and Jean-Ronique Antoine.
Morissaint was released from custody in questionable circumstances in October 1995, and Lecorps and Antoine were
acquitted of participation in the killing on July 23, 1996.

In September 1995, shortly before government attorneys hoped to interview Morissaint about his alleged
participation in Malary's killing, the Port-au-Prince prosecutor, Jean-Auguste Brutus, authorized his release from
prison, where he was being held on other charges. The Nation magazine reported that U.S. officials in Haiti
confirmed that Marcel Morissaint, an attach and the alleged gunman in Malary's assassination, was an informant
paid by the U.S. Drug Enforcement Agency from 1991 to 1995. The Nation quoted then-Justice Minister Jean-Joseph
Exum6 alleging that Morissaint had been "under U.S. protection" and was removed from custody with U.S.
assistance.46 National Security Advisor Anthony Lake responded publicly that Morissaint had no association
whatsoever with the U.S. at the time of the assassination of Guy Malary.47 On a visit to Haiti, Lake also stated, "...it
is absolutely untrue that the United States in any way helped that person [Morissaint] to leave the justice system
here."48 Morissaint remains at large and is presumed to have left Haiti.

On July 23, 1996, Robert Lecorps and Jean-Ronique Antoine were tried and acquitted of participation in the
assassination. The trial reportedly was poorly prepared by the international lawyers team and marred by prosecutor
Brutus's lack of familiarity with the case. He reportedly was unable to recognize the prosecution witnesses (who he
had not interviewed previously) and failed to object to the seating of a jury that openly sided with the defendants and
badgered and intimidated the witnesses. The timeliness of the prosecution's proceeding to trial was called into
question since the case relied solely on eyewitness testimony and did not provide any material evidence. The
international lawyers' bureau preparing the case reportedly received minimal cooperation from the Haitian police




45 Fresnel Lamarre, aka Ti Lama, a suspect in the Izmdry killing identified in the MICIVIH report, was shot to death
on the night of May 2, 1995. He reportedly was killed by gunmen traveling in a Toyota pick-up but further details about his death
and the killers' motives were unclear. His case is under investigation by the Special Investigation Unit.
46 Allan Nairn, "Our Payroll, Haitian Hit," The Nation, October 9, 1995, p.1, and James Ridgeway and Jean Jean-Pierre,
"Federal Bureau of Obfuscation: Aristide Investigates Crimes the U.S. Would Prefer Left Unsolved," The Village Voice, October
10, 1995. While imprisoned, Morissaint was charged with raping a fourteen-old-girl.
'4 "Article says Suspect in Haiti Assassination Freed," Reuters News Service, September 22, 1995.
48 Ibid.


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charged with carrying out arrest warrants.49 Brutus appealed the case based on alleged jury-tampering. The appellate
court had not yet reached a decision as of this writing. Meanwhile, Lecorps and Antoine remain in prison on other
charges. The Haitian government has not brought charges against those who masterminded the killing. Government
representatives have argued that the U.S. failure to return materials seized from FRAPH and Haitian military
headquarters has impeded their ability to document the intellectual authorship of this and other prominent
assassinations.

April 1994 Massacre in Raboteau, Gona'ves
On April 22, 1994, Haitian soldiers and FRAPH members descended on the coastal community of Raboteau
and opened fire on residents, killing between twenty-five and thirty.
On May 26, 1995, the Haitian government arrested Capt. Castera Cenafils for his alleged participation in the
massacre. Since that time he has remained in pre-trial detention in GonaYves along with two attaches also suspected
of participating: Jean Tatoune and Ludovic Adolphe. Three other suspects in the case reportedly are being held in
Port-au-Prince. However, the case has progressed slowly due to personnel changes, including the dismissal of the
original judge. Furthermore, GonaYves has not held a criminal court session since 1991, and the judicial authorities
there still have not set a firm date for the Raboteau massacre to go to trial. A trial date is not expected before early
1997. The truth commission conducted an extensive investigation in this case, including forensic analysis of the site
with assistance from international specialists, and the publication of their findings would undoubtedly contribute to
the prosecution effort. Victims of the attack continue to press for the trial to go forward.

United States Government Impedes Accountability in Haiti
As with its earlier support for a broad amnesty, the Clinton administration's policy toward Haiti has neither
embraced the principles of accountability nor supported concrete Haitian government efforts to establish
responsibility for past human rights violations. Washington's refusal to return the FRAPH and Haitian military
documents and to surrender one of Haiti's most notorious human rights violators, Emmanuel Constant, continues to
obstruct justice and to impede accountability.

FRAPH and Haitian Military Documents Remain in U.S. Possession
U.S. soldiers seized approximately 160,000 pages of documents and other materials from FRAPH and
Haitian military headquarters in the fall of 1994, including videotapes, photographs of "trophy" torture victims,
membership applications for FRAPH, passports, identification cards, and business records. This concrete evidence
of military-endorsed brutality has obvious evidentiary value for the prosecution of gross, systematic human rights
violations. The failure to return these materials obstructs the Haitian government's efforts to establish accountability.

Although the U.S. government conceded that these materials are Haitian property, Washington insists that
the Haitian government accept certain conditions for their return. In early 1996, Human Rights Watch/Americas
obtained a draft "Memorandum of Understanding Concerning the Return of Haitian Documents and other Materials"
(MOU) prepared for the signature of U.S. Amb. William Swing and then-Haitian Justice Minister Ren6 Magloire.
In the MOU, the U.S. sought two conditions on the return of the documents. One limited access to the documents
to certain Haitian governmental agencies -- investigative and prosecutorial authorities and the Haitian Truth and
Justice Commission (which had already completed its work) -- with the apparent aim of avoiding summary popular
retaliation against those named in the documents. In a February 27, 1996, letter to Secretary of State Christopher
we urged that the legitimate goal of protecting individuals from vigilante violence be pursued in a manner that
maximizes the opportunity for the substance of the documents to be revealed to the Haitian people, even if safeguards
are taken regarding the names of unindicted suspects. Public access to this information through a commission of



9 The police assigned to the Special Investigative Unit, apparently following orders of the U.N. Civilian Police,
reportedly initially refused to arrest any suspect in the case unless they could be assured that the suspect would be convicted at
trial.


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inquiry or some similar body would contribute to truth-telling, a vital step in the process of reconciliation and justice.
Furthermore, once a defendant is publicly identified for prosecution, there would be no further need to hide from the
public the fact that his or her name might also appear in military documents.

The MOU's second set of conditions, which require the presumptive excising of the names and identifying
information of all U.S. citizens, is far more objectionable, yet it is the condition on which the U.S. government has
been most insistent. U.S. Ambassador William Swing and Assistant Secretary of State John Shattuck argued that
this measure was necessary to protect U.S. citizens' privacy rights.50 However, privacy concerns pale in the face of
potential criminal conduct by U.S. citizens or the U.S. government. Ostensibly Washington also sought these
conditions to protect U.S. citizens from summary retaliation. But in light of the protection inherent in the restrictions
on the public revelation of any names listed in the documents, these additional restrictions apparently serve the
separate and illegitimate purpose of covering up possible U.S. complicity in political murder and other abuses,
particularly the apparent involvement of U.S. intelligence agents with the military regime and FRAPH. If U.S.
government agents or associates participated in criminal actions during the period of military rule in Haiti, their
illegal activities should be exposed and vigorously prosecuted under applicable Haitian and U.S. law. Once more,
a U.S. administration is allowing political considerations to take precedence over building the rule of law.

The U.S. seizure of and subsequent failure to return tens of thousands of Haitian documents and other
materials from FRAPH and Haitian military headquarters has directly impeded Haitian government efforts to
investigate and prosecute human rights violators. Already, the Haitian Commission for Truth and Justice was denied
an opportunity to review these materials and include them in its final report. In addition, criminal prosecutions of
major human rights cases, including the assassinations of Antoine Izm6ry and Justice Minister Guy Malary, most
probably could have been strengthened, and higher level defendants identified, with information contained in these
documents.

FRAPH Leader Emmanuel Constant's Release and Non-deportation
Emmanuel Constant, the founder and leader of FRAPH (the Front for the Advancement and Progress of
Haiti), has stated repeatedly that he received payments from the CIA from 1992 until 1994 (of U.S.$500/month) and
that he collaborated with the Defense Intelligence Agency (DIA) during that time. Constant identified DIA attach
Col. Patrick Collins as his handler.5'

Constant now has a warrant pending for his arrest in Port-au-Prince on charges of murder and torture based
on November 1994 complaints by an organization known as Anti-FRAPH. FRAPH's brutal activities under the
military government included political rapes and other torture, executions, and mutilations, and the notorious arson



so Interview with Amb. Swing, Port-au-Prince, June 24, 1994, and briefing with Assistant Secretary for the Bureau of
Democracy, Human Rights, and Labor, Washington, July 11, 1996.
s' The CIA previously was linked to another Haitian organization responsible for serious human rights abuses. The New
York Times reported on November 14, 1993, that in the 1980s the CIA had created a special unit within the Haitian military
known as the National Intelligence Service or SIN. While the service was intended to stem the flow of drug money through Haiti,
it in fact became, in the words of the Times, "an instrument of political terror." Among the abuses committed by the SIN was
the brutal interrogation and torture of Evans Paul, the mayor of Port-au-Prince.
In May 1996, the director general of the Haitian National Police ordered the disbanding of the SIN, a unit of
approximately eighty-five official members. Police director Deniz6 and others had criticized the unit's possible involvement in
violent incidents and lack of discipline (including issuing false identity cards to non-members). (Interview with Pierre Deniz6,
Haitian National Police Director General, Port-au-Prince, June 20, 1996). However, when Haiti's security situation grew worse
in August 1996, Prime Minister Rosny Smarth announced that the SIN would be reestablished to respond to the security crisis.
("Destabilization and Terrorism," Haiti Info, September 7, 1996.) As this report went to press, it was not clear if the unit was
functioning again.
Huma RihsWthAeicsSpebr19, o.8 o B


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September 1996, Vol. 8, No. 7 (B)







attack on Cit6 Soleil that killed at least fifty residents.52 As FRAPH's founder and president, Constant could face
numerous additional criminal charges for his direct or command role in such abuses. The Haitian government
formally requested Constant's extradition from the United States late in 1995." Disturbingly, however, Washington
repeatedly has extended its protection to Constant.

Shortly after the US. intervention in Haiti, the U.S. Embassy sponsored a press conference where Constant
took center stage with a message that FRAPH was simply a political party. Constant entered the United States in
December 1994, reportedly due to a "mistake" by immigration authorities. On March 29, 1995, Secretary of State
Christopher wrote to Attorney General Janet Reno recommending Constant's prompt return to Haiti. In the letter,
Secretary Christopher acknowledged that FRAPH was an "illegitimate paramilitary organization whose members
were responsible for numerous human rights violations in Haiti in 1993 and 1994." He argued that: "To permit Mr.
Constant to remain at large in the United States in these circumstances will appear as an affront to the Haitian
government, and will cast doubt upon the seriousness of our resolve to combat human rights violations...."54

Yet, several months after Constant was detained and found deportable by the U.S. immigration authorities,
the Clinton administration decided to release him into the United States on June 14, 1996, rather than return him to
Haiti. The decision to release Constant arose from the settlement of a civil suit for his "wrongful incarceration" that
he had brought against Secretary Christopher and Attorney General Reno. At the time Constant brought the suit, in
December 1995, he also volunteered to return to Haiti." Despite the pending Haitian government extradition request
and Constant's offer to return to Haiti, he remained in a U.S. detention center until June. In a secret agreement, the
U.S. government released Constant to his mother's custody in Brooklyn, provided him with a work permit, and
required only that he check in weekly with immigration authorities and abide by a gag order. Constant also retains
the option to choose deportation to a country other than Haiti or the Dominican Republic, subject to U.S. approval.56
These extraordinary developments, representing a marked departure from Secretary Christopher's March letter and
from the U.S. government's obligations under the Convention against Torture, cast a pall on Washington's human
rights policy in Haiti.57 After a decade of Washington's forcibly returning desperate refugees to Haiti, the Haitian
public regarded the U.S. decision not to send back a notorious human rights violator with cynicism and disdain.

To justify its action, the U.S. government expressed concern that Constant's presence in Haiti would
contribute to "instability" and "insecurity." In refusing to turn Constant over to the Haitian justice system in the



52 Witnesses reportedly placed Constant at the scene of the December 1993 arson attack, which also destroyed hundreds
of homes.
s3 The U.S. government notified the Haitian government that it considered that the request was insufficiently detailed.
As of this writing, the Haitian government still had not submitted additional documentation. Nonetheless, Constant clearly
remains deportable under U.S. law.
54 Letter from Secretary of State Warren Christopher to Attorney General Janet Reno, March 29, 1995.
5 William Branigan, "Foe of Aristide Plans Lawsuit, Return to Haiti," The Washington Post, December 12, 1995.
Constant sued the U.S. government for $50 million and concurrently withdrew his objections to the deportation order against
him, volunteering to return to Haiti.
56 Myers, "Haitian's Deal with U.S. could let him avoid trial in atrocities," Haq, "Une entente secrete pour libdrer le chef
du FRAPH selon les critiques," and Nicholas Bums, U.S. Department of State Briefing, July 26, 1996.
7 The Convention against Torture requires the U.S. either to extradite or to prosecute alleged torturers. These
obligations are detailed in Articles 5, 6, and 7 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. Article 9 details a state party's obligation cooperatively to provide countries trying to prosecute human
rights violations with all evidence available for the prosecution. The U.S. is a party to this international treaty. We recommend
that Haiti also ratify the Convention against Torture.


September 1996, Vol. 8, No. 7 (B)


Human Rights Watch/Americas







process, Washington abandoned a commitment to international human rights principles and the rule of law that must
form the basis of any lasting stability. The U.S. government also argued that Haiti's judicial and penal system were
unable to handle Constant's case. Yet, despite weaknesses in those systems, the government has demonstrated a
capacity to carry out prosecutions of human rights crimes. In conversations with Human Rights Watch/Americas,
both President Pr6val and Justice Minister Antoine expressed their willingness to devote sufficient resources to
provide Constant a fair trial and ensure his security in Haiti."5 Amb. Swing was unable to specify when he thought
conditions in Haiti would be appropriate for returning Constant to face trial.59

Other Actions on Impunity
Beyond litigating cases in Haitian courts, Haitian and international human rights advocates creatively have
pursued a number of strategies to advance the cause of truth and justice. In Haiti, victims of human rights crimes
have formed organizations, including one composed of over one hundred survivors of political rape. Another
organization, MAP VIV (the Movement for Support to Victims of Organized Violence, "I will live"), is addressing
the need for survivors of political violence to receive medical, psychological and legal assistance. The Jean-Marie
Vincent Foundation supports groups with which Fr. Vincent worked, including those dedicated to justice, popular
education, and land reform. Mddecins du Monde (Doctors of the World) has opened an office in Port-au-Prince and
is providing direct services to victims of the coup d'etat. The Guy Malary Project for the Rule of Law in Haiti,
sponsored by the Robert F. Kennedy Center for Human Rights, recently opened a legal library in Haiti and plans to
conduct human rights training for Haitian lawyers.

There are approximately fifty Haitian human rights cases pending before the Inter-American Commission
on Human Rights of the Organization of American States. FRAPH now faces a civil suit in the United States for
having directed the brutal beating of a Haitian woman, Alerte B61lance, in 1993.60 In Canada, the International Centre
for Human Rights and Democratic Development sponsored a day-long mock trial of Haitian human rights violators,
where victims of the terror in Haiti from 1991 to 1994 were able to present testimony of their experiences.


IV. CONCLUSION

Haiti's turmoil over the last decade demonstrates the insidious effect of impunity for'violent human rights
abuse. Despite repeated official promises of justice and untold opportunities to fulfill those vows, prosecutions for
human rights crimes have been rare. As each new military leader took power, the unmistakable lesson of the past
was that there would be no serious price to pay for government atrocities. Getting away with murder was the rule.

Haiti's two democratically elected governments have struggled under the weight of entrenched impunity,
making tentative steps toward ending the legacy of failed justice. Today, conditions are better than ever for breaking
Haiti's pattern of impunity. Unfortunately however, Haiti's government, by failing to make ending impunity a
priority, is letting the opportunity to establish accountability slip away. And the U.S. government, to its great shame,
has erected its own roadblocks to truth and justice in Haiti.

Haiti's experience illustrates the dangers of ignoring accountability for past violent abuse in the haste to
secure a "transition to democracy." Each time a supposedly reformist regime took power, Haitians were asked to



Interview with President Rend Preval, Port-au-Prince, June 20, 1996 and interview with Justice Minister Max Antoine,
June 28, 1996.
59 Interview with Amb. Swing, Port-au-Prince, June 24, 1996.
60 This case was brought by the Center for Constitutional Rights, which previously won the successful judgement against
Gen. Prosper Avril.


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September 1996, Vol. 8, No. 7 (B)







forget the past, to look forward to a new era. But rather than build the rule of law, sooner or later this impunity
emboldened reactionary forces to resume political killing. It is time for this official indulgence of political killers
to end.


V. ACKNOWLEDGMENTS

Sarah A. DeCosse, research associate with Human Rights Watch/Americas, and Kenneth Roth, the executive
director of Human Rights Watch, wrote this report. Anne Manuel, the deputy director of Human Rights
Watch/Americas, edited the report. The report draws on the collaborative efforts of Human Rights Watch/Americas
(formerly Americas Watch) and the National Coalition for Haitian Rights (formerly the National Coalition for
Haitian Refugees, NCHR) from 1986 to 1995. DeCosse conducted additional research. Steven Hernmndez, associate
with Human Rights Watch/Americas, provided production assistance and Kathleen Schorsch provided research
assistance. William G. O'Neill, consultant to the NCHR, reviewed an earlier version of this report.

The generous contributions of the J.M. Kaplan Foundation support the translation of this report into Haitian
Creole.


VI. APPENDIX

The Special Investigation Unit is charged with investigating the following seventy-seven cases (eighteen
priority cases are marked with an asterix): Antoine Izm6ry* (Sept. 11, 1993); Guy Malary* (October 14, 1993);
Jacques Derenoncourt (December 3, 1992); Sony Philogene (December 5, 1992); Felix Lamy; Georges Izm6ry*
(September 26, 1992); Laraque Exantus and his brother* (February 1994); Charles Jean Baptiste (September 6,
1994); Jean-Marie Vincent* (August 28, 1994); Alerte B61ance (October 16, 1993); Raboteau massacre* (April 23,
1994); Cit6 Soleil massacre and arson* (December 27, 1993); murder of twelve youths* (February 2, 1994); Dady
Pierre (March 16, 1994); murder of four members of O.P.S. in Cit6 Soleil* (May 23, 1994); Gervais massacre; Jean
Rabel massacre* (August 28, 1989); St. Jean Bosco church massacre* (September 11, 1988); Gilbert Mesneo (July
29, 1995); Etienne Colas (July 27, 1995); Hans Plaisimond (July 25, 1995); Th6ag6ne Saint-Fleur (July 21, 1995);
D6sir Fosdius (July 21, 1995); Betty Maurice* (July 6, 1995); Yves Marie and Mario Beaubrun (July 4, 1995);
Romulus Dumarsais* (June 27, 1995); Milo Gousse and Claudy Boucard (June 19, 1995); Wilfred Figareau (June
9, 1995); Leslie Grimar (June 9, 1995); Jacques Bastien (June 7, 1995); Ex-Lt. Col. Michel Hermann* (May 24,
1995); Michel Gonzalez* (May 22, 1995); Clerveaux Bonaparte (May 5, 1995); Vinel (aka Fresnel, Ti Lama)
Lamarre (May 2, 1995); Philogene Lamour (April 29, 1995); Oscar Tiblanc (April 21, 1995); Mireille Durocher
Bertin and Eugene Baillergeau* (March 28, 1995); Marc Claude (March 22, 1995); Erick Lamothe; Richard Andre
Emmanuel (February 13, 1991); Bastien and Steven Desrosiers (July 26, 1991); Jacques Nelio and Pierre Shiler;
Louis Walky (July 26, 1991); Sylvio Claude (September 29, 1991); Roger Lafontant (September 29, 1991); Sony
Lefort (September 11, 1988); Ass. Dev. La Saline; Gilles Charles (October 10, 1991); Madame Pierre Racine Salam
(November 7, 1995); Eddy "Ti Paul" Jerome (December 11, 1991); Domont S6raphin (July 24, 1993); Jean Robert
Noel (October 4, 1991); Tissaint Eralier (February 10, 1992); St. Jean Denis (September 11, 1988); Joseph Israel
Louis (October 24, 1991); Delima Macedoine (October 12, 1991); Cdjuste Altero (April 5, 1995); Exavier Altero
(November 20, 1994); Boniere Louis; Armand Verne (1988); Wescarline Delva (September 18, 1988); C61estin
Andr6 (September 11, 1988); Jean Bossiere (September 30, 1991); J6sula Jouissance; Yves Joseph (July 19, 1994);
Pierre-Jacques Michel (October 5, 1991); Edly Jean Fran9ois (September 5, 1993); Marie Th6rese Dumeus (October
2, 1991); Jacqueline Jacquet (September 30, 1991); Jean-Rony Blaise (November 12, 1992); Alexis Lamirodieu
(September 30, 1991); Eluxius Pierre; Max Mayard* (October 10, 1995); and, Jean Hubert Feuill6* (November 7,
1995).


Human Rights Watch/Americas September 1996, Vol. 8, No. 7 (B)


Human Rights Watch/Americas


September 1996, Vol. 8, No. 7 (B)







VII. WHAT YOU CAN DO


A Haitian proverb states "The one who delivers the blow forgets, the one who bears its mark remembers."
In the past decade, Haitians who suffered under brutal governments have been asked over and over again to forget
the past and look forward to a new era. But still they remember and they are thirsting for justice. Haiti's experience
illustrates the dangers of ignoring accountability for past violent abuse in the haste to secure a transition to
democracy. Rather than build the rule of law, sooner or later impunity emboldened reactionary forces to resume
political killing. Haiti's government is letting the opportunity to establish accountability slip away. And the U.S.
government, to its great shame, has erected its own roadblocks to truth and justice in Haiti. It is time for this official
indulgence of political killers to end.

Appeals to the U.S. Government
The U.S. government directly has impeded the prosecution of human rights crimes in Haiti by refusing to
return documents seized from the paramilitary organization FRAPH and Haitian military headquarters and by
reaching a secret settlement with FRAPH's leader, Emmanuel Constant, which allowed Constant to remain in the
United States with a work permit while evading deportation to Haiti and criminal prosecution for human rights abuses
there. The U.S. government's cover-up of the crimes of FRAPH, which was founded by Constant while he was
allegedly on the Central Intelligence Agency (CIA) payroll, suggests that the U.S. government is trying to prevent
revelation of its own complicity in violent abuses in Haiti.

To protest these U.S. policies in Haiti, please direct politely worded letters, telephone calls, faxes, or emails
to President Bill Clinton, The White House, 1600 Pennsylvania Ave., NW, Wash., D.C. 20506 (Tel: 202-456-1414,
Fax: 202-456-2641, Email: President@whitehouse.gov), with copies to: Secretary of State Warren Christopher, U.S.
Department of State, Wash., D.C., 20520 (Tel: 202-647-5291, Fax: 202-647-1533); Attorney General Janet Reno,
Justice Department, Tenth St.& Constitution Ave. NW, Wash., D.C. 20530 (Tel: 202-514-2001, Fax: 202-514-4371),
and Secretary of Defense William Perry, The Pentagon, Wash., D.C 20301 (Tel: 703-695-5261, Fax: 703-695-1219).

You can recommend the following actions
* Return to the Haitian government all materials that were seized from FRAPH and Haitian military offices
in the fall of 1994, without any redaction of information or U.S. citizens' names.

* Deport FRAPH leader Emmanuel Constant to Haiti, where he is wanted for human rights abuses, including
torture and execution. The details of any settlement or agreement between Constant and the U.S.
government should be made public, particularly any details regarding Constant's relationship with the CIA.

* Examine U.S. government involvement in human rights abuses in Haiti. The Clinton administration should
launch a thorough and impartial investigation into allegations that individuals or units funded by the CIA,
the Drug Enforcement Administration (DEA), and the Defense Intelligence Agency (DIA) were involved
in serious human rights violations. The findings of such an investigation should be made public and
disciplinary or criminal action taken where appropriate. U.S. government documents regarding human rights
violations committed by the SIN (the National Intelligence Service) and FRAPH should be declassified to
allow informed public debate about U.S. policy towards Haiti.

* You can also contact your congressional representatives and raise the issues described above at: Members
of Congress (name of Member of Congress), U.S. House of Representatives, Washington, D.C., 20515, or
name of Senator, U.S. Senate, Washington, D.C., 20510, general congressional information number: 202-
224-3121.


Human Rights Watch/Americas September 1996, Vol. 8, No. 7 (B)


September 1996, Vol. 8, No. 7 (B)


Human Rights Watch/Americas







Appeals to the Haitian Government
Please send politely worded appeals to the Haitian authorities: Ambassador Jean Casimir, Embassy of Haiti,
2311 Massachusetts Ave. NW, Washington, D.C., 20036 (Tel: 202-332-4090, Fax: 202-745-7215), requesting the
following: to publish the report of the National Commission for Truth and Justice, Si MPa Rele ("If I Don't Cry
Out") and, to prosecute the alleged perpetrators of serious human rights abuses named in the Truth Commission
report. Those human rights violations that the commission described as crimes against humanity should be
prosecuted as a matter of utmost urgency.

For more information, contact Sarah DeCosse at (202) 371-6592, xl 11.


Human Rights Watch/Americas
Human Rights Watch is a nongovernmental organization established in 1978 to monitor and promote the observance
of internationally recognized human rights in Africa, the Americas, Asia, the Middle East and among the signatories
of the Helsinki accords. It is supported by contributions from private individuals and foundations worldwide. It
accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, executive director; Michele
Alexander, development director; Cynthia Brown, program director; Holly J. Burkhalter, advocacy director; Barbara
Guglielmo, finance and administration director; Robert Kimzey, publications director; Jeri Laber, special advisor;
Lotte Leicht, Brussels office director; Susan Osnos, communications director; Dinah PoKempner, acting general
counsel; Jemera Rone, counsel; and Joanna Weschler, United Nations representative. Robert L. Bernstein is the chair
of the board and Adrian W. DeWind is vice chair. Its Americas division was established in 1981 to monitor human
rights in Latin America and the Caribbean. Jos6 Miguel Vivanco is executive director; Anne Manuel is deputy
director; James Cavallaro is the Brazil director; Joel Solomon is the research director; Jennifer Bailey, Sebastian
Brett, Sarah DeCosse, and Robin Kirk are research associates; Steve Hernandez and Paul Paz y Miflo are associates.
Stephen L. Kass is the chair of the advisory committee; Marina Pinto Kaufman and David E. Nachman are vice
chairs.

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