Violations of human rights in Haiti : a report of the Lawyers Committee for International Human Rights to the Organizati...

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Violations of human rights in Haiti : a report of the Lawyers Committee for International Human Rights to the Organization of American States
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N.Y. : Lawyers Com. for International Human Rights, 1980

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4-tr-LCIHR-1980
General Note:
Hooper, Michael S

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The Lawyers Committee for International Human Rights

36 West 44th Street, New York, New York 10036 (212) 921-2160


CHAIRMAN EXECUTIVE DIRECTOR
Marvin E. Frankel Michael H. Posner
300 Park Avenue
New York, New York 10022


BOARD OF DIRECTORS
Maureen R. Berman
Robert L. Bernstein
G. Lukongwa Binaisa
Ramsey Clark
Jack David
Michael I. Davis
Adrian W. DeWind
Norman Dorsen
Bruce J. Ennis
Benjamin Gim
R. Scott Greathead
Deborah Greenberg
Louis Henkin
Virginia A. Leary
Bruce Rabb
Barbara A. Schatz
Orville H. Schell
James R. Silkenat
Rose Styron
Telford Taylor


VIOLATIONS OF HUMAN RIGHTS IN HAITI



















A REPORT OF THE LAWYERS COMMITTEE
FOR INTERNATIONAL HUMAN RIGHTS

TO THE

ORGANIZATION OF AMERICAN STATES


NOVEMBER 1980


FOUNDED BY THE INTERNATIONAL LEAGUE FOR HUMAN RIGHTS AND THE COUNCIL OF NEW YORK LAW ASSOCIATES




~1


* S












TABLE OF CONTENTS

Page No.




I. INTRODUCTION................................... 1


II. HISTORICAL BACKGROUND .......................... 3


III. BREAKDOWN IN THE RULE OF LAW................... 4


IV. ROLE OF THE SECURITY FORCES.................... 7


V. POLITICAL PRISONERS AND PRISON CONDITIONS...... 11


VI. RESTRICTIONS ON FREEDOM TO PARTICIPATE IN THE
POLITICAL PROCESS .............................. 17a


VII. DENIALS OF FREEDOM OF SPEECH, PRESS AND
ASSEMBLY....................................... 24

Freedom of Association: The Haitian League
for Human Rights................................ 29


VIII.ECONOMIC AND SOCIAL CONDITIONS IN HAITI........ 32


IX. TREATMENT OF RETURNEES......................... 38


X. CONCLUSIONS............................. ..... 43












APPENDICES


A. Map of Haiti

B. Press Law 29 September 1979
New Press Law 31 March 1980

C. Affidavits

C-I Affidavit of Jocelyn Marcelus

C-2 Affidavit of (Name Withheld on Request)

C-3 Affidavit of (Name Withheld on Request)

C-4 Affidavit of Patrick Lemoine

C-5 Affidavit of Chataigne Dumont

C-6 Affidavit of Merilien Mezius

C-7 Affidavit of Steven Forester
(Why Haitian Refugees Flee Haiti:
Fifteen Typical Stories of Persecution)

C-8 Affidavit of Daniel Voltaire










I. INTRODUCTION


This Report which was initially prepared in June 1980

has now been updated for submission to the Organization of

American States. It describes and evaluates the current

human rights situation in Haiti, analyzing violations of

civil, political, economic and social rights. It is divided

into six principal sections which describe: the breakdown in

the rule of law; the role of the security forces; conditions

in the prisons; restrictions on freedom to participate in the

political process; denials of freedom of expression; and

economic and social conditions in Haiti. Our analysis of

these areas is based on reliably attested information revealing

a consistent pattern of gross violations of human rights.

In preparing this study, the Lawyers Committee has con-

ducted extensive interviews with more than 100 Haitians in

New York, Montreal, Washington and Miami. We have also con-

sulted with other human rights organizations, religious and

labor leaders, lawyers, journalists, academics and others with

special expertise on Haiti.

Many of the Haitians we have interviewed have demanded

strict and absolute anonymity fearing for their own safety and

for that of their family and friends who are still living in

Haiti. It is deeply disturbing and telling that such fears of

government reprisals continue to pervade the Haitian community,










a circumstance that is perhaps the best indication of the

gravity of the human rights situation in Haiti and the need

for international response.

The preparation of this Report was undertaken by

Michael Hooper. He was assisted by Deborah Korzenik and

Todd Landau of the Lawyers Committee.


Dated: New York, NY
November 1980



Michael H. Posner
Executive Director











II. HISTORICAL BACKGROUND


Since 1957 the Government of Haiti, a Caribbean nation of

six million people has been dominated by two generations of

the same ruling family the Duvaliers. During this 23 year

period, Haiti has undergone political and economic

decline and a concomitant pattern of gross violations of fun-

damental human rights. In Haiti today arbitrary arrest,

abduction, prolonged detention, severe mistreatment of prisoners

and harassment of ordinary citizens by government security forces

are common occurrences. These practices continue virtually

unchecked by the government. Little value is placed on the

Rule of Law; practically nothing has been done to develop in-

stitutional structures through which these basic violations can

be ended.

Violations of human rights under Francois Duvalier, and

during the initial years of Jean Claude Duvalier's rule, are

well established and have been documented by various human

rights organizations. The International Commission of Jurists

evaluated the rule of Francois Duvalier in the following terms:

"In the world today there are many authoritarian
regimes. Many have at least the merit of being
based on an ideology, but the tyranny that
oppresses Haiti has not even this saving grace.
A few men have come to power by force and stayed
in power by terror. They seem to have only one
aim, to bleed for their own gain one of the
mostwretched countries in the world."

(Bulletin of the ICJ No. 17 1963)








In recent years, the government of Jean Claude Duvalier

has repeatedly declared its intention to reverse past practices;

to develop a program of liberalization for Haiti. However, the

policies of that government have demonstrated that it has taken

virtually no actions to address the underlying causes of these

systematic violations. Instead, the regime of Jean Claude

Duvalier continues to tolerate and perpetuate these basic

patterns of abuse. A survey published by the weekly magazine

Petit Samedi Soir in August 1979 revealed that 93% of the

respondents felt insecure under the "liberalized" rule of Jean

Claude Duvalier, and that over 80% feel that the country does

not offer sufficient guarantees for the protection of human

rights.


III. BREAKDOWN IN THE RULE OF LAW

It is necessary to first consider the formal legal

structures that have evolved since 1957, and the manner in

which they have permitted the Duvalier Family and its small

elite to exercise unchallenged control.

The Haitian Constitution and laws state in theory a series

of important protections of individual rights. However, in

practice, these rights are systematically denied. The President

can and does exercise unchallenged authority to override con-

stitutional provisions by the imposition of emergency legislation

which creates various states of exception. These emergency









powers are granted through several institutional mechanisms,

which are utilized every year.

During the four months each year when the Haitian Leg-

islature is in session, the President has either declared a

"state of siege" or in recent years ordered the suspension of

specific articles in the Constitution. To augment this authority,

the Legislature has instituted a practice of granting extensive

powers to the President to suspend constitutional guarantees

during the seven or eight month period each year when the Legis-

lature is not in session. Initiated during the early Duvalier

period, this vesting of "plein pouvoir" or full powers to the

President-for-Life continues to be granted each year. The

specific decrees may vary slightly from year to year, but sus-

pension of the most important guarantees of individual rights

continues to occur on a regular basis.

These rights are undermined further by a series of state

security provisions. Perhaps the most draconian of these

measures is the "Loi Anti-Communiste" which provides in part

that persons who have made "any declarations of belief in com-

munism, verbal or written, public or private" or propagated

"communist or anarchist doctrines by conferences, speeches,

conversations, by leaflets, posters and newspapers" will be

charged with crimes against the state, tried by a military

court and if convicted "punished by the death penalty."

In evaluating the scope of this provision, one prominent

Haitian attorney, now living in exile, comments:






"Under the Loi Anti-Communiste, a communist
is anyone who is deemed not to sufficiently
support the Duvaliers."

However violative of fundamental rights these provisions

appear in theory, the administration of justice in Haiti is

even more repressive. Haitian citizens are routinely arrested

without charge, detained for months, even years without trial,

rarely brought before a judge and denied virtually every protec-

tion provided by the formal legal system. In the past 23 years

thousands have been killed or simply disappeared in Haiti.

There have been no investigations in these cases and no one

has been held accountable for these crimes. The Government

has failed to issue death certificates in many of these cases;

families are often unsure if their relatives are alive or dead.

As under the reign of Francois Duvalier, the Rule of Law is

little more than a theoretical concept in Haiti.

It is evident from information we have received that

lawyers in Haiti today are fearful of representing clients in

controversial cases, and unable to protect their basic due process

rights. This corresponds to the situation of Haitian Courts

which, staffed with Duvalier appointed judges, lack the inde-

pendence or authority to make judgments against the on-going

abuses of human rights by Government Security Forces.

Even the Haitian Government admits to this widespread

denial of justice. In its preliminary observations to the

April 1980 Report of the Inter-American Commission on Human

Rights of the Organization of American States (IACHR), the

Haitian Government explained:









"In the opinion of the government most of the
problems of penal justice in Haiti stem from a
lack of resources that would enable the accused
to be brought before the competent judicial
authorities as prescribed by the Constitution
and Penal Code. Even though the law is still
violated at every level, despite improvements
introduced over the last seven years, violations
are most often due to the fact that this adminis-
tration is overburdened, understaffed, or does
not act unless pressure is applied, not to
mention that the number of accused to be
brought before the courts is very substantial."
(emphasis added).

(IACHR Report, April 1980, at p. 40 )

One United States Embassy official in Haiti recently

concluded that outside of Port-au-Prince "you do not really

have much of a judicial system."

IV. ROLE OF THE SECURITY FORCES

Under both Duvalier regimes, a complex network of security

forces have brought about a reign of official and arbitrary

terror. The unchallenged authority of these forces has perpe-

trated the most insidious crimes against the Haitian people.

Francois Duvalier became the dictator of Haiti with the

support of powerful armed forces. In order to secure his

hegemony, he sought first to weaken the strength of the army

by disbanding several of its sections, dismissing successive

commanders-in-chief, closing the military academy, repeatedly

purging the officers corps and reallocating the majority of

funds and modern supplies to his own personal security forces.

In the process, he established a series of countervailing











centers of power loyal only to him personally. Duvalier wrote

about one of these forces, the Tonton Macoutes, in his Memoires

D'un Leader Du Tiers Monde:

"This organization has only one soul: Duvalier;
recognizes only one chief: Duvalier; fights for
only one destiny: Duvalier in power."

(ML, Hachitte 1969 p. 324)

Jean Claude Duvalier would repeat this phrase in July 1972 in

describing his own relationship with the militia. Under Jean

Claude the security forces have continued to operate with

civil immunity as an arm of the Duvalier dictatorship, arresting,

imprisoning, interrogating and torturing thousands of Haitian

citizens. These forces both exercise the law and are above

the law.

"The Macoutes exist to repress the people and
to check on those people who say bad things
about the government. They have free reign to
do whatever they want.

(Affidavit of Jean Stenio Louis
Miami, July 19791

"If a Macoute does something wrong like killing
someone, some reprimand may be announced, but
even if it is nothing ever happens to the
Macoute. He is never punished."

(Affidavit of Patrick Lemoine
New York, Nov. 1979)

It is apparent that under Jean Claude's much publicized

"liberalization" in late 1977 and early 1978 the operations of

the Security Forces were temporarily curtailed on the streets

of Port-au-Prince. Yet we have received evidence demonstrat-











ing that in the rural provinces the Security Forces continue,

as before, to terrorize the Haitian community. As one

United States Embassy official in Haiti concluded: "In the

provinces they are the law." (Philadelphia Enquirer, Oct. 8,

1979, At p. 1A).

In the past year, President Duvalier, in an effort to

bolster his control, has called the civilian security forces

back into their former open and virtually limitless position.

On September 22, 1979, on the 22nd anniversary of the Duvalier

regime, President-for-Life Duvalier warned the Militia that

they must be ready to fight to defend the dictatorship,

stressing their major role in stamping out the growing unrest

and instability in Haiti. One observer recalls the speech:

"Men and women of the Militia, you are the
Linchpin of my government. The major force
on which I can base myself in order to realize
the objectives of democracy and to impose
respect for law and order and activist
discipline."

From the very beginning, the Tonton Macoutes have been

unpaid with the exception of a few of the highest ranking

officers. The Civilian Security Forces are, therefore, dependent

on their fellow Haitians for their livelihood. This practice

has encouraged full-scale corruption and given the Civilian

Security Force license to extort with impunity.










While the organizational structure and names of the

various security forces have changed since the 1950's, their

objectives remain the same; to maintain the Duvaliers in power.

There are several security forces. First, the Volunteers

for National Security (VSN) or Militia. Often referred to as

the Tonton Macoutes, the VSN was the power base of the old

guard under Francois Duvalier. Disbanded in 1971, the VSN

was reorganized a year later and continue to operate today

as a civilian security force.

The Police Rurale are distinct from the VSN though they

also are often regarded as "Macoutes." They number about 600

and operate in rural areas. Unlike the VSN, they are officially

salaried employees of the army. While they concentrate on

common crime, they also seek out suspected political opponents.

The Service Detectif are the political police now based

at Casernes Dessalines. The S.D. is under the command of Col.

Jean Valme, a Francois Duvalier loyalist, who was trained by

the U.S. Military for anti-subversive combat. Valme was chosen

by Jean Claude Duvalier to organize the Service Detectif, which

is officially charged, along with the Intelligence Service, with

apprehending and interrogating "terrorists", "communists" and

"agents of subversion." Directed by a staff of military officers

based at the barracks, the Service Detectif consists









of approximately 300 civilian detectives and undercover agents

from various social classes, who specialize in the arrest and

interrogation of political prisoners.

In addition to these forces, President Duvalier has

created a personal security and anti-guerrilla force, called

the "Leopards". Currently under the command of Lt. Col. Acedius

St. Louis, the Leopards were organized and were trained by

U.S. Military personnel. Institutionally they are part of the

Haitian army, though they receive higher pay and better training

than other regular army soldiers. They receive orders directly

from President Duvalier. One observer familiar with the various

security forces notes:

"The Leopards are the elite force in Haiti
today. Intensely loyal to Duvalier, they
represent the most modern and effective of
the security forces; the first line of defense
for the Duvalier regime."

Still another part of the regular army is the Presidential

Guard, a stationary, very well equipped force that also takes orders

directly from President Duvalier.


V. POLITICAL PRISONERS AND PRISON CONDITIONS


A most poignant symbol of terror under the

Duvalier regime is the treatment of political prisoners in

Haiti. Officially sanctioned brutality and maltreatment have

characterized Haiti's political prisons since the early days of

Francois Duvalier's rule. Under Jean Claude's regime, political

prisoners continue to face systematic beatings, interrogation

under torture, starvation, disease and death.













Moreover, in Haiti "political prisoners" include not

only so-called prisoners of conscience, but also those who

in any way offend the government. Someone who has a personal

confrontation with a member of the Security Forces, or who flees

the country and later returns, may easily be swept up in the

cruel and violent dragnet of the Security Forces. As one ex-

political prisoner explained:

"Politics and everyday life in Haiti cannot
be separated. A man can casually say that
he is hungry and that can be misconstrued to
mean he is criticizing the governmental mis-
management of funds, therefore leading to his
arrest."

(Affidavit of Patrick Lemoine)

Conditions in these prisons have undergone little change

in the past 23 years. Despite repeated official assurances to

the contrary, detailed statements by several recent detainess

clearly show that Fort Dimanche continues to house political

prisoners. One former security force member, Chataigne Dumont,

makes the following comparison:

"The conditions I saw while I was serving as a
Macoute for six years, ending in February of 1979,
had not varied from those I saw in 1964 during
the reign of Papa Doc Duvalier, at the Penitencier
National in Port-au-Prince, when I was there
visiting a prisoner. I saw the same conditions
there as exist today in Les Cayes. One thing that
is still very common today is that people who did











not die when they were beaten, and some of them
did die because of a beating, sometimes died of
hunger in the cells... and that people who have
been in jail die shortly after their release from
jail. They are so weak from the beatings and
starvation there that they simply die a few days
later."

(Affidavit of Chataigne Dumont, Miami, Aug. 1979)

Another former prisoner describes the physical and

psychological abuses that have continued to characterize

imprisonment at Fort Dimanche:

"They led me to a cell... There were already
20 people in the cell. They started to beat me
with a wooden club on my back and on my chest.
When I collapsed they began to rock me with
their feet. They beat me for approximately two
hours. Then I lost consciousness... During the
time that I was in prison between December 7,
1978 and March 5, 1979, they once took two people
out of the cell. At a later time they came back
and took three others. Everyone understood that
they were being taken out to be shot; since they
had been taken at midnight. We feared that the
same thing would happen to us at any moment."

(Affidavit, Name Withheld by Request,
November 1979, Montreal, Canada)

Another,Merilien Mezius, left Haiti in late 1979. Mezius,

who had been arrested after returning to Haiti from the Bahamas

two years earlier, testified:

"From Tuesday until Saturday, I was beaten twice
daily, mornings and evenings, each day by a dif-
ferent guard. I regularly lost consciousness and
soon could not move at all. Not once was I given
food or water in six days. My cell measured about
three feet in width byt w 0o and a half feet in
length. It was impossible to lie down...












The guard who beat me would open the door and
start hitting me on the body and head with a club
and kicking me severely, knocking me back into the
cement wall. I was bleeding all over my face
and on the back of my head. I later lost six teeth
due to these beatings."

(Affidavit of Merilien Mezius Washington,
D.C., May 1980)








While few political prisoners, if any, are formally

charged, some are informally accused of "political crimes" and

forced to confess while being beaten. Another former prisoner

describes his treatment in 1979.

"I was conducted into a room where I underwent
an extensive interrogation. In the room were
a'captain from the Army in uniform and two other
men in civilian clothes. The captain accused me
of being a communist and an opponent of the regime.
I categorically denied that I was a communist
adding that I was only a professor of history.
They demanded that I furnish them with a list of
names, a task that was obviously impossible to
complete in view of the fact that no such people
existed. Each time that I was unable to respond
to their questions, the two men in civilian clothes
punched and kicked me very hard. This routine was
continuously repeated for approximately 15 days."

(Affidavit, Name Withheld by Request,
Montreal, Nov. 1979)

At a time when the Haitian government has repeatedly

stressed that there are no political prisoners, recent evidence








indicates that political prisoners continue to be held in

the Penitencier National in Port-au-Prince. The affidavits of

Bernier Pierre and Franz Voltaire, who were both detained

(August 20-25, August 29-31, 1979, respectively) without

charge, corroborate each other's testimony: they met with

the same political prisoners and suffered the same conditions.

The individual cases they describe reveal a gamut of what the

Haitian Government considers to be "political crimes." It is

important to note that none of these political prisoners had been

charged, given a hearing or granted other legal protections.
Formal inquires in these cases were made by Amnesty Inter-

national in December 1979. In a letter dated January 9, 1980,

M. Georges Salomon, Secretary of State for Foreign Affairs

responded to these inquires.

Four of the cases described involve individuals who

in some way participated in the Duvalier network and

fallen out of favor. For example, Ulrich Desire, a former

head customs officer of the town of Saint Marc, had been in

prison for over seven months without charges. He was supposedly

suspected of not having adequately denounced an alleged arms
smuggling plan. According to Mr. Solomon's letter to Amnesty

International, Desire has been accused of "plotting with a

terrorist group in order to smuggle arms and explosives for

subversive purposes". According to Amnesty International

"this plot in which Noel and Defournois may also be suspected,

is a devise for imprisoning opponents of the government." (Match-

box, May 1980 at. 6). Another important government worker was









apparently swept up in this matter. Jeanton Gustave Colas,

a major designer of urban renewal projects and the creator of

a large apartment complex, sponsored by the German assistance

project, MISEREOR, was told during interrogation that his

refusal to support overtly the Duvalier government made him

suspect, and that this was the reason for his imprisonment.

Mr. Solomon's January 9, 1980 letter states that Haitian

authorities have no information on his case.

Sergeant Bienvenue Theodore of the Presidential Guard had

been in prison three months when Bernier Pierre shared his

cell. He had apparently been denounced by one of his men whom

he had reprimanded for expressing a desire to shoot all strikers

during a labor dispute, (saying that it was not a matter for

the military). Unlike any of the others, Sergeant Bienvenue

Theodore had his case presented before a team of officers

which declared him politically suspect for not being suf-

ficiently loyal. Theodore was not permitted to speak before

these officers. Mr. Solomon's January 1980 letter to Amnesty

International states that Haitian authorities have no information

on this case. A fourth such case involves Corporal Wilfred

Nicolas, a member of the Port-au-Prince police, who was arrested

due to an anonymous denunciation. Minister Solomon's letter

acknowledges that he is under investigation for "serious breaches

of regulations and of strict military discipline."

Two other Haitians who in no way served the Government,

Frtitzer Sidney and Prosper Saint Louis, were denounced together









for having sung a song with anti-government connotations. Both

musicians had been held incommunicado and were severely beaten.

Saint Louis had been in prison for four months without the

opportunity to inform his paralyzed wife and four children that

he was still alive. Both were subsequently released because

"the police investigation did not warrant sufficient changes."

(Solomon letter, January 9, 1980).

Another group singled out for persecution are "returnees",

Haitians who have sought a home under a foreign flag and then

forced back to Haiti. Four of the persons encountered in the

Penitencier- National had been imprisoned immediately upon being

returned and have never been charged with or even accused of

any crime. Three of these individuals were arrested immediately

after their return from the Dominican Republic. Although no

formal charges were made, Dieugrand Fleurimond and Leon Depournoys

were both accused of having contact with opposition politicians.

Fleurimand, who had been savagely beaten, had apparently been
arrested in February 1979 along with another "returnee" from

the Dominican Republic. Mr. Solomon's letter suggests that

Fleurimond was arrested for bringing his motocycle back to Haiti

"without complying with customs formalities." Solomon claims

that he was formally charged on December 4, 1979, ten months

after his arrest. The fourth, Joseph Jeanty, was a "returnee"

from Miami who had been imprisoned for two months without charges

at Penitencier National. One source states that he was arrested

for being in contact with Haitian exiles in Miami. Jeanty was

on his way to the Casernes Dessalines when Bernier met him in a





17a


jeep. He was apparently incarcerated immediately after he re-

turned from the U.S. and held incommunicado. He was charged on

August 25, 1979 with stealing a passport.

The Haitian government also acknowledges holding Fernand

Noel and Leon Defouenois. Both have been charged with failure

to comply with customs formalities. In fact, they may have been

seized for alleged participation in an anti-government plot

with Dieugrand Fleurimond.

We have received reports of the continued imprisonment of a

number of others in "political" cases. Margarita Fenelon, a

16 year old student was reportedly arrested in Port-au-Prince

because of her father's political activities. On December 5,

1979 Roland Abel Janithe, a member of the Taxi Drivers Association

was arrested by security forces and remains in detention.

Three others, alleged supporters of exile leader Clemart Joseph

Charles, are also being held. They are: Fritz Bazile, Gerard

Civil, and Bochard Joseph. Recent reports indicate that all

are being held without formal charge, without the assistance of

council, and with little or no hope of being tried for their

"crimes."


VI. RESTRICTIONS ON FREEDOMS TO PARTICIPATE
IN THE POLITICAL PROCESS


Despite guarantees in the Haitian Constitution and

provisions of international human rights law to which Haiti

is bound, effective political activity has, in effect,

never been tolerated by the Duvaliers in Haiti.











Since the 1950's, politically active organizations, such as

political parties and trade unions, have been forced to abandon

their activities.

After coming to power in 1971, Jean Claude Duvalier

repeatedly pledged that political parties would be permitted

to form and encouraged to operate freely. Early in 1979, the

Government announced that opposition candidates would be

allowed to participate in the February 1979 legislative elec-

tions, the first held in Haiti since 1961. These elections,

held February 11, 1979, featured only a handful of opposition

candidates, and only one,Alexandre Lerouge, won a seat in the

58 member Parliament.

Another opposition candidate from Mirebalais, Sylvio

Claude, sought to run against Madame Max Adolphe, a staunch

supporter of the Duvalier government, who with her husband was

for many years in charge of the Volunteers for National Security.

However, shortly before the election, the Government forced

him to withdraw from the race. He was arrested soon after the

elections.

These so-called "free elections" had little positive

effect in restoring democracy to Haiti. Following

the election, there were reports of widespread vote fraud and

the use of government security forces to help ensure a pro-

Duvalier outcome. Chataigne Dumont, a former member of the

Tonton Macoutes from the Southwestern city of Les Cayes,











describes the role of the security forces in ensuring, by

force, the election of government candidates:

"Macoute headquarters in Les Cayes were told
by Duvalier some time before the election of
February 11, 1979 the names of the three govern-
ment candidates and the Macoutes were ordered
by Duvalier to support and protect them.
...Duvalier in his order did not specify how
to help the three government choices, leaving
the specifics up to the Macoutes, but the order
was that they must be supported."

At a meeting called by the local commander of the security

forces, Dumont recalls:

"We were specifically ordered that if anyone
should try to give those government candidates
a hard time, we Macoutes should beat those
persons up."

(Affidavit of Chataigne Dumont)

Dumont describes in detail the government election rigging

in Les Cayes, a common occurence in many other election dis-

tricts. Dumont states:

"Three days before the date of the election,
the results of the election arrived in Les Cayes,
from Duvalier. Col. Gregoire Figaro received
from Duvalier a piece of paper with the names of
the various candidates on it and with the number
of votes supposedly received by each candidate
to the right side of the name of the candidate.
At the bottom of the piece of paper Colonel
Gregoire had the task of obtaining the signatures
of the chief local judge, of himself as military
commander and the p r e f e c t for Les Cayes."


(Affidavit of Chataigne Dumont)












The day after the election, when supporters of an opposition

candidate, Hugo B. Verret, held one of a series of demonstra-

tions nationwide protesting government control and abuse of

the electoral processes:

"Colonel Figaro took Verret to Radio Diffusion
Cayienne and said he should speak over the radio
to his people and order them to keep quiet.
Verret on the radio said 'I don't want you good
people to get in trouble; so keep quiet and don't
make trouble; it won't do any good."

(Affidavit of Chataigne Dumont)

In the aftermath of the February elections, Dieudonne

Fardin, editor of a popular weekly magazine in Haiti, '"Le Petit

Samedi Soir" commented:

"It's a case of one step forward and two steps
back. The government promised free elections
but it's just a bluff."

Soon after the election, twelve people including Joseph

Maxi, a lawyer and founding member of the Haitian League for

Human Rights,were arrested in connection with an alleged plot

to overthrow the regime. No formal charges were ever filed

and Maxi was subsequently released.











Less than three weeks after the election, on February 19,

Sylvio Claude was arrested, although not formally charged,

and imprisoned in Casernes Dessalines. According to one ac-

count, Claude was interrogated for several hours, tortured with

electric shocks and severely beaten by Lt. Mondesir and

Lt. Julien, both under the command of Colonel Jean Valm!, Chief

of the Service Detectif. Col. Albert Pierre also participated

in the interrogation of Mr. Claude.

Claude was later released and exiled to Colombia. He

returned to Haiti in late May and was immediately arrested.

When he was released on June 7, Claude began organizing a new

political party the Haitian Christian Democratic Party.

According to Edouard Franck, one of Claude's associates and a

co-founder of the party, in the initial months after its founda-

tion the Government allowed the party

"to operate in order to keep up the appearance
of democracy. However the Duvalier Government
could see that democracy would be the source of
its downfall, and began instituting repressive
measures."

(Affidavit of Edouard Franck, Miami, Nov. 1979)

On August 3, 1979, Bartholand Edouard, former Minister

of the Interior in Haiti, expressed the fears'of the Government:

"You know that there are citizens who have
formed some political parties. Thus we are
in full democracy. No one can contest it.
In the meantime you must be in a position
to make a good choice, to distinguish the
good grain from the bad. These people can
mislead you. They can lead you into error.
They can cause you to lose the gains
realized over the last 22 years. They are







clever. They are in a position to tell
you things that perhaps you will believe
as if they were the words of an evangelist.
Therefore you must be wary. You must watch
closely. You must be very vigilant, the
right eye open. The left eye closed.
Doctor Duvalier recommends this always.




Three weeks later on August 26, Government Security Forces

in civilian clothes disrupted a meeting of Claude's Christian

Democratic Party. The Government used this "disturbance" as grounds

for the arrest of Claude and other party members. Claude fled to

the radio station RGR Progress, whose director Gerard Rezil

permitted him to broadcast a message. On the radio, Claude

described the harassment of the Haitian Christian Democratic

Party, as well as the circumstances of his arrest and imprisonment

at Casernes Dessalines.

Edouard Franck describes the events that ensued:

"After the broadcast the Government shed its
cloak of democracy and became a dictatorship.
All persons employed by the radio station,
Radio RGR Progress, and its owner Gerard Rezil,
were arrested. The radio station did not operate
for two or three weeks because there were guards
surrounding the station.

On August 29, Sylvio Claude was arrested and
taken to Casernes Dessalines. Also on the same
date, the S.D., the secret police who are linked
with the Casernes Dessalines, surrounded the
building where the Christian Democratic Party
conducted its business...

All of the persons who went to the party head-
quarters on that day were arrested by the S.D.
who were standing guard. Also many other party
members whose names were on the seized documents
were arrested."


(Affidavit of Edouard Franck)





23

According to one account of this incident, Claude's August

arrest had been directly authorized by President Duvalier, at

the request of the Chief of Staff of the Haitian Armed Forces.

Among others arrested were Mr. Franck, Dupliex Jean-Baptiste

and Valere Augustine, all members of the Haitian League for

Human Rights. Many of those arrested were taken to Casernes

Dessalines where they were threatened, harassed and abused before

and during interrogation.

Similar Government harassment cut short the activities

of the only two other parties that were formed during this period,

The 1980 Report of the IACHR of the OAS notes that

"The Haitian Christian Democratic Party of
June 27, founded by Gregoire Eugene, has since
ceased active operation because of government
harassment, according to Eugene." (IACHR Report
At p. 70)

Similarly, the Parti Democratique ceased its operations when

its leader Rene Deravine was harassed during this period.

Commenting on the Claude case, and freedom to participate

in the political process generally, the OAS' April 1980 report

concluded

"The Claude case has been cited as a reflec-
tion of various phases of the current situation
of human rights in Haiti. First, the arrest of
Claude and the ransacking of the party head-
quarters can be seen as an attempt to stifle
the fledging political parties. Moreover, it
shows a judicial system that permits Claude to
be held without charges and without" trial for
more than three months. Finally, the detention
of Gerard Rezil for the sole 'crime' of having
allowed a Haitian citizen an opportunity to ex-
plain his predicament directly affects the right
to information and dissemination of ideas."
(IACHR Report At p. 71)

A report on human rights in Haiti by the U.S. Department

of State released on February 5, 1980 echoed these concerns,

noting that during 1979:










"There were no institutional changes favoring
political liberalization, however, and if any-
thing, the ability of Haitian citizens to
express political views declined in 1979."

(Country Reports on Human Rights Practices
for 1979 Department of State, p. 341)

VII. DENIALS OF FREEDOM OF SPEECH, PRESS AND ASSEMBLY


These rights which are guaranteed by both the Haitian

Constitution (Article 26) and International Law (Articles 12

and 13 of the American Convention on Human Rights; Article 19

of the Universal Declaration on Human Rights) have been con-

sistently undermined in Haiti.

State security legislation, such as the "Loi Anti-Communiste"

of 1969 (described above), placed severe restrictions on free

speech. A series of additional provisions, enacted during the

1950's and still in force impose fines and imprisonment on mem-

bers of the press for insulting or libelling the President of

the Republic, or for undermining the authority of members of

the Government.

In May 1979, a government communique required that all films

and theatre plays be screened by a government-appointed review

committee. This action came after two plays were aired which

addressed political and social issues, albeit in very indirect terms.

On September 28, 1979, the Government enacted a new press

law which severely undermines free speech and press in Haiti.











The new law prohibits the press "from offending the Chief

of State or the First Lady of the Republic", a crime punishable

by one to three years in prison.

Another provision of the new law prohibits

"The entry, circulation or sale in the
country of a foreign publication that is
subversive or against good morals."


The law was amended on March 31, 1980. Title II, Article

8 of the new law requires that anyone who wishes to begin

publishing a newspaper or magazine in Haiti must receive

official authorization to do so. Title I, Article 5 of the

new law requires the deposit of all news articles with the

Secretary of State for the Interior and National Defense 72

hours prior to publication, a requirement which it is

virtually impossible for daily newspapers to meet.

In its April 1980 Report, the IACHR of the OAS concluded:

"It is obvious that the interpretations that
might be given this article leave little room
for the press to treat important facets of the
national life without running the risk of being
brought to court charged with violations of
these prohibitions." (IACHR Report At p. 47)

These formal restrictions on free expression have been

reinforced by the extra-legal actions of Government security

forces against the press.

In its 1980 Report the IACHR notes that

"According to denunciations received by the
Commission, government acts restricting or
abolishing freedom of expression have taken
the following forms:










a. Admonitions and warnings of an increasing-
ly severe nature, to journalists about the
tenor of their articles or broadcasts;

b. Prior censorship, notably, prohibition of
new publications;

c. Closing of existing newspapers on account
of the ideas published;

d. Personal threats against journalists and
other citizens on account of their ideas or
expressions;

e. Personal aggression against journalists or
other citizens on account of ideas they have
expressed or circulated;

f. Imprisonment of journalists and other citizens
on account of their ideas;

g. Death of journalists and other citizens on
account of their ideas and expressions, either
by simple homicide or by execution in prison."

(IACHR Report At p. 48)

The case of Gasner Raymond, a report for Le Petit

Samedi Soir, illustrates the lack of institutional structures

available to protect individual rights in Haiti. Therefore,

it is useful to examine this case in detail. On June 1, 1976

Raymond was found dead on the road from Port-au-Prince to

Leogane. Raymond had been critical of the Government's use of

troops to stop a workers' strike at a Haitian cement factory

and had written an article on that subject two weeks before

his death.

According to several sources, Raymond had received a

series of death threats from Haitian Security Forces after the

article was published in Le Petit Samedi Soir. Two and a half

months before his death, the newspaper reported that he and











other reporters had been interrogated for four hours by govern-

ment authorities at Petit-Goave. Commenting on the on-going

threats and pressures directed against these reporters, Le

Petit Samedi Soir wrote:

"We still feel a certain anxiety when we are
waiting for Carl Henry Guiteau, Jules Nicolas
or Gasner Raymond, when they are expected
back from following up on a lead."

(No. 137, March 13, 1976, p. 12)

A number of Haitians familiar with this case charge that

Raymond was assassinated by Haitian Security Forces, and that his

death was designed as a warning to others not to write articles

critical of the Haitian Government. According to one source,

the killing was carried out by "Militiamen" from the Port-au-

Prince Police headquarters.

On March 23, 1977, Edner Brutus, Secretary of State for

Foreign Affairs, provided the Government's explanation in the

Raymond case:

This affair could well be classed, like so many others throughout
the world, as one of those that upsets and confuses public opinion,
and disconcerts the police and the courts. Here are the unvarnished
facts:

One morning, a body was discovered *on the road from Port-au-
'Prince to IWogane, it was Gasner RAYIOND. The editor of the news-
paper where he worked wrote to the Ministry of the Interior asking
him to open an inquiry on the murder. A co~-uniqud from the As-
sociation of Haitian Journalists acknowledged that the necessary
investigations had been conducted, but that despite the efforts of
the military and judicial authorities, there was no evidence on
which to base a charge. Ill-intentioned people attempted to bring
politics into this affair, but were never able to provide any proof.












The Question is still there, and neither the Police nor the
.Courts have abandoned their efforts to shed light on this deplorable
murder.


According to Le Petit Samedi Soir, the official inquiry

in this case was headed by two key Duvalier loyalists Major

Maxine Antoine of the Criminal Investigation Division, and

Colonel Jean Valme,! Chief of Security at the Dessalines

barracks.

One source charges that the investigators chosen in

Raymond's case were Joseph Rene, a member of the Jeanclaudiste

Action Council, Mr. Ti-Georges Sayeh, an owner of several

houses of prostitution in Port-au-Prince, and Mr. Azis, Director

of the Ciment D'Haiti Corporation, the company about which

Mr. Raymond had written his article.

On December 7, 1979, three and a half yeats after

Raymond's death, the Haitian Government stated to the Inter-

American Commission on Human Rights that "any allegation that

the police made threats against Mr. Raymond's life because

of an article written about the strike is specious, false and

malicious." The Government noted that the case is still

open, and the investigation into his death is still being carried

out by the Haitian Police.












FREEDOM OF ASSOCIATION:
The Haitian League for Human Rights


One of the most striking examples of the Haitian Govern-

ment's hostility toward freedom of expression and association

was the violent break-up of a meeting held at the Peres Salesiens

building in Port-au-Prince by the Haitian League for Human

Rights on November 9, 1979. At the meeting, which was attended
by a crowd estimated at between 1,000-6,000 people, Professor

Gerard Gourgue, Chairman of the League, was scheduled to speak

on the "Political Atmosphere and Human Rights." In his re-

marks he intended to discuss the detention of Sylvio Claude

and the new press law.

As Professor Gourgue began to speak, Government security

forces in civilian clothes charged the podium and began to

beat up both participants and observers at the meeting.

Gourgue, his wife, and daughter were all beaten; his wife

requiring hospitalization for the injuries she received.

According to one account of this incident, moments after

Gourgue began his speech

"Several men leaped on the stage, ripped Gourgue's
speech from his hands and beat him with.their fists
and feet as he fell to the floor."

Approximately 60 security force personnel armed with clubs

participated in the raid, which left representatives from the






30






U.S., French, Canadian and West German Embassies among the

200 people physically injured.

One security force member who attended the meeting was

Daniel Voltaire, then a member of the Presidential Guard. He

describes the meeting:

"As I approached the hall, I saw a large num-
ber of Tonton Macoutes in civilian clothes outside
the hall. I know many of the Macoutes in Port-au-
Prince, so it was very easy to recognize them.
As I started to go into the hall to hear the
speaker they called out to me: 'so, military
people are no longer loyal Duvalierists, now
they are attending human rights meetings. You
better be careful.' Another one yelled: 'we
have orders to beat anyone who goes in there, so
use your head.'


Maitre Gourgue said that the Macoutes had come with
assurances of peace, and he asked that they remain
peaceful, and keep peace in the hall. The Macoutes
in the room seemed to be commanded by Lieutenant
Meu. The Macoutes continued to whistle and people
started trying to flee from the room, but the
Macoutes closed the doors so nobody could get out.
Then two Macoutes known as 'Les Freres Simeon',
but really named Polychinel, began to beat people
near them. Soon all the Macoutes were beating
people.

(Affidavit of Daniel Voltaire)

Another account describes those involved in the raid:

"The 60 or so attackers, .many of them middle-aged,
began shouting 'Jean-Claude Duvalier' and then
started beating members of the audience. Some who
reached their cars were dragged out and beaten some
more."













I.M. Silins, an American Embassy official who arrived at

the rally as Mr. Gourgue was being beaten, describes his in-

volvement in the incident:

"I went up, and he grabbed my wrist, and I tried
to pull him out. Now the thugs were breaking up
the furniture and knocking down loudspeakers."

Gourgue pointed to his wife who was lying on her back, being

beaten with the metal legs of chairs. Silins notes "there was

blood on her dress... We helped her to stand and the girl

who had come to get me helped her walk off."

Silins proceeded to walk out of the auditorium with

Professor Gourgue, when he was hit on the shoulder and

slapped on the head. Gourgue himself was beaten again, and

his daughter received a deep puncture wound in her arm.

It is clear from the November 9 meeting and its aftermath

that the Haitian Government will still not tolerate the existence

of any person or organization that in any way attempts to

raise human rights issues. Despite considerable international












pressure and despite all of the promises that have been made

to create a Human Rights Division and Advisory Board, the

Haitian Government has yet to announce any investigation into

the violent disruption of the November 9 meeting.

In its 1980 Report, the IACHR concludes, with regard to

this incident that

"The disruption of this meeting on human rights,
attended by several prominent members of the
Haitian League for Human Rights, raises serious
doubts about the possibility of holding assemblies
to discuss this subject, and also causes concern
about the continued effective operation of pro-
grams and organizations dedicated to the promotion
and protection of human rights."
(LACHR Report At 60)




VIII. ECONOMIC AND SOCIAL CONDITIONS IN HAITI


Few nations in the world present an economic picture as

bleak as that of Haiti. It is one of a handful of nations in

the world now called "fourth world" because of its utter economic

destitution.

Haiti's desperate economic situation has been well docu-

mented in a number of reports by the World Bank, United Nations,











Inter-American Foundation and the U.S. Agency for International

Development.

Most Haitians live in dire poverty. In 1977 the average

per capital income in Haiti was $232 the lowest in the Western

Hemisphere. Moreover, as the World Bank reported in December

1978, more than sixty percent of the population actually lives

on incomes as low as $60 per year. According to some estimates

almost seventy-five percent of the population lives under

conditions of absolute poverty; this means that the over-

whelming majority of Haitians cannot afford what is considered

the minimum standard of consumption of food and non-food items.

Some have estimated that as many as 20,000 Haitians a year die

of starvation.

The disparity between rich and poor is striking. Approxi-

mately five percent of the population of Haiti accumulates

fifty percent of the national income and the average per capital

income of the highest income bracket (comprising less than one

percent of the population) is 176 times as high as that of the

lowest income bracket (comprising sixty-one percent of the

population) (World Bank 1978).

In its 1979 Report on Haiti entitled "Bottom-up Development

in Haiti," written by Robert Maguire, the Inter-American Foundatie

concluded:












"The health situation is the worst in the
hemisphere. Infant mortality rates are 150
per 1,000 and the average adult life expectancy
is 47 years (Gow: 1977). Mortality rates for
children under five is ten times that of
developed countries (USAID: 1977). Three per-
cent of Haitians have tuberculosis; malaria and
illnesses due to malnutrition are widespread;
and there was only one doctor to every 13,210
people, one nurse to every 7,460, one hospital
bed to every 1,370 (World Bank: 1975).

Sixty percent of all Haitian children suffer
from malnutrition, almost 25 percent of them
from second and third degree malnutrition, and
the average daily caloric intake of 1,700 is
well below the Haitian minimum requirement of
2,214 (Zuvekas: 1978b). In 1974, of 129
developing countries, Haiti was 127th in per
capital daily caloric consumption and 129th in
protein consumption.

Some 80 percent of the adult population is
illiterate. The government spends about $1 per
person per year on education. Only 26 percent
of all rural children aged 6-12 attend school
(Zuvekas: 1978b)."

In examining these and other factors, the IACHR of the

OAS concluded:

"In analysing these patterns, it is apparent
that specific political reforms must occur be-
fore the goals set forth in the Haitian Consti-
tution can begin to be fulfilled in the area
of basic rights to education and health." (IACHR
Report, At 74).

In recent years considerable attention has been paid at

the United Nations and elsewhere to the relationship between

violations of basic civil and political rights and the denial

of so-called economic and social rights. Perhaps nowhere is

the interdependence of these rights more dramatically illustrated




- 35


than in Haiti. In Haiti today the Duvalier government exer-

cises virtual control over every segment of society. It is,

therefore, responsible for the collection of revenues and

proper expenditure of public funds. For more than two decades

under this centralized administration of revenues, however,

there have been constant reports of massive government

corruption and mismanagement of public funds, emanating from

the highest levels of the Haitian government. A thorough

understanding of this process is made difficult by the irreg-

ular bookkeeping practices employed by the Government. In

1977, thirty percent of Haiti's total revenues were channeled

through special checking accounts held in the national bank,

which made it virtually impossible to determine either their

sources or eventual use. In analyzing this procedure, the

IACHR Report of April 1980 concluded "Under these conditions

it is questionable whether badly needed foreign assistance

programs effectively reach their targets." (IACHR Report, At 74)

In its 1979 Report on human rights in Haiti, the U.S.

State Department concluded:

"Corruption is traditional at all levels of
society, and significant amounts of domestic
revenues usable for development continue to be
diverted to personal enrichment." (Country Reports
on Human Rights Practices for 1979, p. 344.)

The operation of the Government's Regie du Tabac is

illustrative of the pervasive control exercised by the Duvalier

family and the potential for abuse. The Regie du Tabac is a

monopoly enterprise of the Duvalier family, which has exclusive

control over the distribution of fish, cotton, dairy products,

alcohol, as well as automobiles, most electrical appliances

and airplanes. In 1977 it collected 4.9 million gourdes, yet








made only 2.9 million gourdes available to the public treasury

for general public expenditure. To date there has been no

explanation as to what was done with the remaining two million

gourdes collected by the Regie. Commenting on this procedure

the IACHR Report concluded:

"The operating of the Government's Regie
du Tabac also indicate the vast reform
necessary before respect for human rights
can be more than a goal." (IACHR Report
At p. 74)

The pattern of corruption that pervades the Haitian

government affects particularly harshly the country's rural

population. From the beginning Civilian Security Forces or

Militia, who are unpaid, have been encouraged to rely on their

fellow citizens for their livelihood. This has resulted in

a pattern of wholesale corruption under which the Government

has given these forces license to extort with impunity.

In December 1978 Amnesty International reported that:

"Widespread repressive and presumably illegal
activities by local authorities in Haiti, which
often take the form of extortion, are apparently
beyond the control of or knowingly tolerated
by the Duvalier Government."

Chataigne Dumont, a Tonton Macoute for six years, describes

the manner in which these forces operate:

"One of the most common Macoute practices is the
extortion of money from shopkeepers. If they are
not given what they want, they can without any
fear simply lie about the shopkeeper to the Tonton
Macoute Commander, saying that the shopkeeper has
spoken bad things about the government. The
Commander then would put the shopkeeper in prison,
and maybe transfer him to Fort Dimanche,-the very
bad prison in Port-au-Prince. The Commander and
Duvalier gave the orders to the Macoutes that they
could do whatever they want.












Once the Commander, in my presence, ordered a
Macoute named Machoutoute to kill a gardener, who
was the keeper of a coconut grove. The master
of the grove was not there at the time, and the
Commander wanted the grove for himself, so he
ordered the killing of the-gardener and gave the
coconut grove to a Macoute to keep... when I left
Haiti, this Macoute still maintained the coconut
grove for the Macoute Commander."

(Affidavit of Chataigne Dumont)


Commenting on this practice, the Inter-American Foundation's

1979 Report on Haiti concludes:

"Since renters and sharecroppers have no security
on the land they work, investment is discouraged.
Instead, they tend to overwork the land to pro-
duce a maximum yearly harvest, often at the cost
of environmental damage. This lack of security
also affects the peasant freehold farms who rarely
have clear title. Facing the very real possibility
of appropriation of their land by a gros neg ("big
shot"), farmers are also discouraged from invest-
ing in their land, and encouraged to overwork it.
There are substantiated reports of land-grabs, of
judges bribed to issue competing land titles, of
extortion by locally powerful quasi-governmental
authorities. The situation of insecure tenure
arrangements is the most severe and debilitating
constraint to peasant development in Haiti.



One begins to understand not only why peasants
identify justice as one of their needs, but also
the extent of the injustice imposed upon them.
It becomes obvious why changes in the physical
infrastructure--roads, irrigation systems, markets
--will not benefit peasants if they remain in their
present condition of dependency. Indeed, infra-
structural change may actually lead to their further
underdevelopment. Any improvements to the land
itself, or in access to the land may well 'only pave













the way for land-grabbing by the relatively
wealthy under a cloak of legality' and result
in peasant disenfranchisement from the land
(Zuvekas: 1978a: 260).

The peasants then are powerless and extremely
dependent on those with power."

("Bottom-up Development in Haiti"
by Robert Maguire, Inter-American
Foundation, At p. 15)





IX. TREATMENT OF RETURNEES


Because of current conditions in Haiti, many people

live in fear of harassment or abuse by Government Security

Forces. One opinion poll in Haiti released in August 1979

by the magazine Le Petit Samedi Soir found that more than 80%

of the total population of the country felt physically insecure

in Haiti, and would not encourage relatives living abroad to

return to Haiti.

The situation is often much worse for those returning

from abroad, and particularly for those who have been openly

critical of the government while in exile. In recent months we

have received information from several former members of Government

Security Forces stating that they have been given standing












orders to arrest returnees. Chataigne Dumont, a member of the

VSN for six years stated:

"Yes, people who are deported back to Haiti
from the United States are picked up by the
Macoutes and put in jail. I myself, as a
Macoute, put a man deported back from overseas
into jail. These were our standing orders.
It was in October 1978, Sylvain Matin came
back from Nassau, and I put him in jail when
I saw him back in Les Cayes. He was immediately
sent to Fort Dimanche, which is where all richer
or political prisoners are sent, and from which
one rarely hears of the man again.



Another instance of the standing order to pick
up people returned from overseas involved Yves-
Herna Landiche, who was deported from the United
States last year. When he arrived in Port-au-Prince
from the U.S., the Macoutes put him in Casernes
Dessalines, a penitentiary. They released him
from there and he went back home to Les Cayes,
where they jailed him again, this time putting
him in the Grand Cartier General, another
prison."

(Affidavit of Chataigne Dumont)


Daniel Voltaire, a security force member who served in

the Presidential Guard from 1972-1979, explains how the system

operates:
"Usually when someone was denounced for re-
turning from the United States, for example,
we would tell our First Sergeant who would tell
our company commander, who would then give the
information to General Jacques. It was the
General himself who would pass the information
along to the Service Detectif who most often
carried out the arrests. Usually, in the case
of a returnee, they would wait five or six days
after they returned, and then arrest them
suddenly so that no friends or family ever knew
what had happened. Almost everybody who comes













back to Haiti from the United States is suspect
and is subject to this kind of denunciation and
arrest.

(Affidavit of Daniel Voltaire, Washington,
D.C., May 1980)

Edouard Jean Louis served as an archivist in the Bureau

of the Grand Quartier-General of the Haitian Army from 1971-1975.

In that position he filed confidential documents from leaders

of the Security Forces including Luc Desir, Chief of the Secret

Police. He has stated that:

"It was in this capacity that I was able to read
a message concerning a group of Haitians deported
from the United States and arriving in Haiti labelled
as Communists. This message contained the order to
send them to Fort Dimanche to be executed and it
was signed by Luc Desir."

(Affidavit of Edouard Jean Louis)

According to these and other accounts by members of the

Security Forces, the orders to arrest returnees have been repeated

regularly in recent years. Daniel Voltaire describes the

benefits that accrue to those who arrest those returning to

Haiti:

"Once we were given this order, we knew that
this was the way to get promoted, generally
further our careers and to get cash bonuses.
If you denounce someone to your superiors or
to the Service Detectif you often get promotions
and money because this means that you are doing
your job well. Other times, if you denounce
or arrest people like these returnees, you will
also get sent back to school or to a military
academy because you have acted like a real
Duvalieriste, a real supporter of the President-
fcr-Life. So denouncing and arresting returnees












or people trying to leave Haiti became a good
way to get good promotions, money and career
advancement. This was done by many troops in
the Presidential Guard and the Leopards as well
as the Service Detectif because we were told
that these people had insulted the President-for-
Life and Haiti, that they were spies, and that
they were camoquins or traitors."

(Affidavit of Daniel Voltaire)

Information we have received indicates that a number of

returnees have been arrested, detained and often mistreated

by Government forces. Merilien Mezius returned to Haiti in

1977 from the Bahamas.

"I flew back to Haiti on Monday, February 18,
1977 and was immediately arrested at the airport.
They immediately confiscated the $1,700 that I
had in my wallet for my mother's operation, as
well as my radio system, suitcase and all
clothes. They took me directly to Cassernes
Dessalines for interrogation. I kept asking
them why was I being arrested what had I done.
Finally, someone at Casernes Dessalines said
that I was being questioned because I was
political. I said that I was not interested
in politics and had never been engaged in
politics in Haiti or in the Bahamas. They
said that I was political because my father
had supported Dejoie many years before, and
they added that God had sent me to them so
that justice could be done. They then took
me to a prison on the outskirts of Port-au-
Prince that I recognized as Fort Dimanche at
about 6:00 P.M. after beating me.

At Fort Dimanche they beat me twice daily on
a regular basis, every morning and evening.
Every day it was a different guard that would
beat me until I lost consciousness. They would
constantly scream at me that you are a politi-
cal enemy of Duvalier because your father was
a supporter of Dejoie. For six days the
beatings were the same, they would come in the










cell and punch and kick me all over, and hit
me with a club. They often hit my head against
the side of the cell. By the second day I was
bleeding from all over my face and head, and
was bruised over most of my body. I lost six
teeth as a result of these beatings and began
to lose consciousness more and more frequently.:

(Affidavit of Merilien Mezius)

While Mezius was in jail, a group of prisoners who were

returnees from Miami and the Bahamas were brought to the prison.

"On Thursday morning just before they entered
our cells to beat us, I heard one of the guards
say to the other, 'Some of the people here are
from Miami, and one is from the Bahamas. They're
political, they're against Duvalier and we have
to kill them'.


Constant Louis came back to Haiti on December 15,

1978. Three weeks later government security forces forcibly

entered his parents home. Louis testified in a federal law

suit in Miami that he was beaten so severely that he became

unconscious and lost five teeth.

Another Haitian, who cannot be identified, describes

the fate of two returnees who were deported from Miami in

mid-1979. One prisoner, named Phillipe

"had told the judge in Miami he preferred to
be shot on the spot rather than be returned
to Haiti. The judge replied that he had
nothing to fear because no one would bother
him on his return to Haiti. However, on
arrival in Haiti, he was taken directly to
Ft. Dimanche. The same fate had befallen
Jean. They both told me that they had been
brought to Ft. Dimanche long before I arrived
there. They had been badly mistreated, had
been severely beaten with clubs.

(Affidavit, Name Withheld by Request)














CONCLUSIONS


Analysis of the current situation in Haiti reveals a

consistent pattern of gross violations of basic human rights.

The following is a summary of the principal conclusions of this

testimony:

1. There has been a complete breakdown in the rule of

law in Haiti. "Emergency" legislation and a series of State

Security Laws give President-for-Life Duvalier the authority

to suspend basic constitutional protections of individual rights

and he has consistently used this authority.

2. The administration of justice in Haiti is poor.

Haitian citizens are regularly arrested without charge, detained

without trial and denied virtually every protection provided by

the formal legal system.

3. Lawyers are afraid to represent clients in contro-

versial cases. When they do represent clients they are

ineffective in safeguarding the basic rights of due process

guaranteed by the Haitian Constitution.










4. The courts in Haiti lack the independence necessary

to protect individuals, and the authority to challenge the abuses

perpetrated by Government security forces.

5. A complex network of Government security forces has

severely undermined the Rule of Law in Haiti. These forces are

responsible for the illegal arrest, interrogation, imprisonment

and torture and/or killing of Haitian citizens.

6. Conditions in the prisons have undergone little

change in the past 23 years. Political prisoners continue to

face systematic maltreatment including beating, interrogation

under torture, starvation, disease and death.

7. The Haitian Government continues to suppress effective

political activity. Following elections in Feburary 1979,

there were numerous reports of vote fraud and government coercion

and intimidation to guarantee support of government candidates.

8. Open and effective political activity has been

effectively stifled in Haiti. The leaders of the three politi-

cal parties which were formed after these elections have been
harassed or arrested.

9. Freedom of the press is severely curtailed by state

security legislation, and a series of press laws including the

highly restrictive law enacted in September 1979 and

amended in March 1980.








10. The Haitian Government is not willing to tolerate the

existence of any person or organization that effectively advocates

the promotion of human rights in Haiti. In November 1979,

Government Security Forces violently distrupted a public meeting

of the Haitian League for Human Rights.

11. The Governments failure to protect civil and

political rights has served to exacerbate Haiti's already

desperate economic situation.

12. In Haiti today there continues to be broadscale

government corruption and mismanagement of public funds. In

its April 19 report, the Inter-American Commission on Human

Rights of the OAS concluded:

"Under these conditions it is questionable
whether badly needed foreign assistance
programs effectively reach their targets."
(IACHR Report, At 74)

13. This pattern of corruption affects the country's rural

population particularly harshly. In rural areas, Civilian Security

Forces engage in a pattern of wholesale extortion and forced

expropriation of private land. In these areas the Haitian

Government has given these forces license to extort with impunity.

14. Those returning to Haiti from exile in other countries

face particularly harsh treatment. Government Security Forces

have standing authority to arrest returnees. Some returnees are

known to have been arrested, interrogated and subjected to gross

mistreatment by Government Security Forces.






Appendix A


MAP OF HAITI







Press Law 29 Sept. 1979


LA NOUVELLE LOI


SUR LAPRESSE


JEAN-CLAUDE DUVALIER
President h Vie
de la Republique
Vu les articles 26, 30, 68, 90, 93 et 94
de la Constitution;
Vu la Loi du 27 juin 1923 sur la Presse;
Vu la Loi du 4 ao0t 1924. garantissant
I'indepehdance et la Securitl de la
Presse. conform6ment aux exigences de
la Paix Publique;
Vu le Decret du 13 juin 1950. rappor-
tant la Loi du 15 decembre 1922 sur la
Presse;
Vu le Decret du 26 ao0t 1957.
modifiant celui du 13 juin 1950. augmen-
tant les peines pour les dlits de Presse;
Vu la Loi du 16 decembre 1957, cr6ant
le Deparlement de la Coordination et de
I'lnormalion;
Vu la Loi du 8 septembre 1971.
reorganisant le D&partement db
I'lnterieur et de la Defense Nationale;
Vu la Loi du 24 juillet 1974,
reorganisant le Departement de la
Justice;
Vu la Loi du 25 ao0t 1977, cr6ant le
Tribunal de SretW de l'Etat;
Vu le Decret du 12 octobre 1977 sur la
radiodiffusion;
Vu les articles, 57,78.217,218,254 A
313 et 357 du Code P6nal;

Considerant que la Constitution con-
sacre le principle de la liberty d'ex-
pression: qu'elle permet a chacun d'en
jouir dans tous les domaines et par tous
les moyens en son poqvoir:
Considerant que la Presse est I'en-
semble des nioyens de manifestations de
la pensee; que. par ses informations et
par I'opinion Qu'elle diffuse, elle joue un
r6le primordial dans 'revolution des
Communautes D6mocratiques qui se
doivent. en retour. de lui assurer
I'lndeoendance et la Securilte ainsi que
toutes les facilities necessaires 4 son en-
tier rayonnement;
Considerant que I'expression de la
penc6e, quelle que soil la forme qu'elle
revet, ne demure soumise 6 aucune
censure prealable, et ne doit Mtre subor-
donnee A aucune contrainte, saute dans
les cas determines pit la Loi;
Considerant que la liberty de la
Presse. si absolue qu'elle soil. doit se
concilier avec les exigences ?3 la
stabilih de I'Elat, de la paix sociable et du
progress dconomique: qu'il imported de
pr6venir lou! abus cohtre la dignity des
personnel. le respect dO aux autorit6s
constiiuees, la sauvegarde das bonnes
rroeurs et le maintain de I'Ordre Public;
Considerant que !- '16lits de Presse
scnt des infractions sui generis cans les
- cue;es !a .esponsabile ponaie se t'ouve


d6placee. et qui necessitent, pour leur
appreciation. I'application de regles par-
ticulieres, derogeant au Droil Commun;
Considerant que., pour favoriser
I'exercice de ce droit, si indispensable au ,
success d'une Politique de Develop-
pement, I'Etat a pour devoir de r6gremen-
ter ('organisation et -le fonctionnement
des divers moyens matdriels de I'ex-
pression et de la diffusion des idees;
qu'en consequence, it convient de rap-
porter les Lois en vigueur et d'y sub-
stituer une legislation plus conform a
nos normes d6mocratiques et la'
politique de la libsralisation du Gouver-
nementdela Republique; .
Sur le rapport des Secr6taires d'Etat
de I'lntereur et de la Defense Nationale.
de la Coordination et de.'lInformation et
.de la Justice;
.E_-aaprs-d6ibiration en Conseil des
Secrdtairesa'Etat;

A PROPOSE
Et la Chambre Legislative a vote la Loi
suivante:

TITRE I
DEL'IMPRIMERIE -
Article let.- Toute personnel peut
s'adonner aux professions d'imprimeur
et de' libraire sans qu'aucune
au!orisation ne soil necessaire.
Article 2.- L'lmprimerie demeure .
soumise & la present 160islation, com-
me aux Lois sur la profession commer-
ciale et sur la propriet6 litteraire. L'Etat
facilitera I'approvisionnement du paper
affect aux imprimes en accordant des
exemptions fiscales sur I'importation de
cet article et sur celle du materiel, de
I'dquipement et des fournitures d'im-
primerie.
Article 3.- Tour imprim. rendu public
doit porter I'indication des nom et
prenom, domicile de I'lmorimeut, la date
et le numrnero d'ordre de I'Edition. Si I'im-
primerie appartient a une personnel
morale ou 6 un groupement. I'imprim6
porter la raison scciale de la Societ6.
son s!6ge principal, les noms, pr6noms el
domicile, soil du Directeur Ad-
ministrateur responsible, soil de ceux
des membres du Conseil d'Ad-
m;nistration ou de Direction.
Article 4.- L'lmprimeur' ou le
Direcleur Administrateur responsible.
cu les membies des ditls Conseils sont
tenus. au moment de I'6mission et avant
toute distribution, de deposer cinq
exemplaires de I'imorim., -savoir 6
Porl-au-Prince a la Secretairene d'Etat
de !'ln e-ieur et de la Defense Nationale,
e" provnce. a i'H6te! ae la Prefecture. ou
. e'aLu de c-tte instiLuton. a la Mairwe.







Article 5 -Sont Oisoenses Ou D6ept.
) Les ouvrages O'!s de ville (leltres.
States d',v ta:-on da ais. d adresse. de
'. :e. paper a let'res. enveloppes A en-
tte et tousautresbboqwuets).
2o) Les travaux I impression dits ad-
minrstratifs (modeies." formules et con-
. textures pour fractures. actes. registres):
S3o) Les travaux d impression dits de
commerce (tarifs, instructions. etiquet-
tes. cartes d'echantiilon 'u autres).
4o) Les bulletins de vote. les litres de
publications, non encore imprimrnes, les
titres de valeurs financieres.
TITRE II
DES ORGANS DE
PRESS,
DES JOURNALISTS
Article 6.- Toute entreprise de PFesse
revet un caractere commercial. Elle
demeure libre d'assurer elle-m&me la
distribution de ses publications
periodiques par les moyens qu'elle
jugera les plus convenables. L'Etat lui
accordera un regime postal preferentiel,
sequel sera arr6te par I'Administration
Generale des Postes et approuve par la
Secr6tairerle d'Etat du Commerce et de
I'lndustrie.
Article 7.- Par publication periodique,
on entend les journaux. magazines,
cahiers ou feuilles d'information
paraissant a intervalles reguliers.
Chaque publicateur fixera lui-meme le
tarif de sa publicity.
Article 8.- Tout journal ou autre 6crit
periodique doit avoir un grant respon-
sable, jouissant de ses droits civils et
politiques. n'ayant pas e6t priv6 des
droits civiques par une decision
judiciaire et ayant sa residence au lieu ou
est plublie lejournal. De plus. le grant ne
peut occuper aucune function couverte
par I'immunite politique. II est r6put6
I'auteur principal des delits commis par
Ia publication.
Son nom doit etre obligatoirement
mentionne dans le journal ou ecrit
periodique.
S'agissant de journal ou revue
scolaire. le Directeur de I'Etablissement
ou un orofessejr par lui designed en
assumera la gc -ance.
Nul ne peut etre grant de plus d'une
publication.
Article 9.- Toute personnel, qui veut
fonder un journal ou 6crit periodique,
doit, par une declaration prbalablement
notifide par lettre recommandee avec
avis de reception, avertir, -savoir, A
Port-au-Prince, la Secretairerie d'Etat de
I'interieur. en province la Prefecture, ou a
defaut de cette Institution. la Mairie qui
fera parvenir la lettre au Pr6fet.
Aucune autorisation, aucun caution-
nement, aucune caution, aucune measure
fiscal nest imposee en I'occurence.
Article 10.- Cette declaration sera faite
un mois avant la publication. Elle men-.
tionnera le titre du journal, son caractere.
sa pOriodicite. le Ilcu d'emission, I'lm-
primeiie qui en assurera 1'mnoression. les
.-om. prenom, residence, I'etat civil et la


nationality du grant.
Toute modification, survenue dans les
conditions enumerees en I'article 8 et au
prese.,, article sera declaree suivant les
modalites de I'article 9.
Dans le cas de cessation et de reprise
d'une publication, avis sera donn& corn-
me ci-dessus indique quinze jours a
I'avance.
Article 11.- Une Associatiorn Nationale
de Journalistes assurera la discipline
professionnelle des Membres de cette
Corporation.
Artile 12.- La profession de journalist
consist dans I'exercice permanent
d'une activity& intellectuelle ayant pour
objet la composition d'une publication ou
le service d'une agence d'information.
Elle vise a I'instruction, A I'Aducation et
I'information du public.
La publication peut 6tre 6crite.
radiodiffusee, tetivis6e Qu
cin6matographiee.
Article 13.- Les Agences d'Information
sont des Organismes qui fournissent aux
organes de Presse des articles, infor--
mations, reportages, photographies.
dessins et tous autres elements de
redaction et qui tirent leur principal
resource de ce Service.
'Chaque Agence doit avoir un Direc-
teur de publication. II sera cr6e une
Agence Haitienne de Presoe qui infor-
mera de toutes les decisions importantes
prises par le Gouvernement. de !a vie des
provinces, des 6venements politico-
economiques de la Nation et autres.
Les Agences privees peuvent se fon-
der librement moyennant avis prealable
aux Secretaireries d'Etat de I'Interieur el
de la Defense Nationale, de la Coor-
dination et de I'Information avec mention
de la liste complete de leurs correspon-
dants comprenant les noms, prenoms.
domicile et residence, nationalitO de ces
derniers.
Les Agents et Correspondants doivent
avoir egalement une carte d'identit6
emanee de I'Association Nationale des
Journalistes dans la forme prevue A I'ar-
ticle 18 ci-dessous.
Les correspondents Otrangers
d'agences d'information international
doivent 6tre reconnus par I'Association
qui leur delivrera une carte oa dentite
speclale.
Article 14.- La diffusion par la Radio, la
Television et le Cinema demeurent.r.gie
par les Lois y relatives et par la present
legislation.
Les Directeurs de ces stations et
sales, les journalists de la press
parlee sont responsables des infor-
mations et programmes qu'ils ditfusent
ou des films qu'ils font projeter.
Article 15.- Est considered comme
journaliste professionnel celui qui a pour
occupation principal, reguliere et
retribuee. I'exercice de sa profession
dans une publication quotidienne ou
periodique, ou bien dans une Agence
National ou Inernationale d'infor-
mation ou bien dans une Station de
Rac:ophonie ou de Te!evision et qui en
tire Ie principal des resources
necessaires A son existence.






Drofessicnnels les collaborateurs directs
de la r6caction; -Reoacteurs-Traduc-
teurs. Stenographes, Rdcacteurs
reviseurs et Reporteu.s, Dessinateurs et
Photographes..
Article 16- Tout journalist devra
d6tenir une carte d'identite delivrb par
I'Association Nationale des Journalistes.
Cette carte sera enregistree la
Secr6tairerie d'Etat de I'lnformation et
de la Coordination.
La carte sp6ciale du correspondent
stranger sera delivrbe dans la m6me
forme.
Article 17.- Cette carte est person-
nelle. Le journalist devra toujours 'avoir
en sa possession aux fins de faciliter son
access en tout lieu et son information et
ses demarches.
Article 18.- L'Association Nationale
des Journalistes est seul juge de la
d6livrance de cette carte, laquelle est
va!able pour une annbe renouvelable
pour pareille duree, sur decision
favorablede I'Association.
La carte portera les nom,' pr6nom.
residence. lieu et date de naissance,
Photographic et signature de son
b6neficiaire, un numero d'ordre et le
Sceau de I'Association. .
Article 19.- La profession de jour-
naliste exige de celui qui I'exerce, une in-
formation morale, des connaissances in-
tel;ectuelles, du fair-play dans ses rap-
ports avec les tiers, le sens des respon-
sabilit6s surtout un grand souci du
respect de la personnalite d'autrui, ce.
sans prejudicier au droit de ce
professionnel d'informer et d'6clairer
I'opinion. de formuler des critiques con- o
structives sur les affaires publiques ou
en tout autre domaine et de faire des
suggestions avec objectivit&, loyaut6. la
plus entire independence et la plus -
grandelibert6.
Article 20 Les autres. qui utilisent un
pseudonyme. sont tenus d'indiquer par
&crit, avant toute insertion, leur veritable
nom au Directeur du Journal.
Ce dernier. en cas de poursuite centre
I'auteur d'un article sign d'un
pseudonyme. est relev6 des obligations
du secret professionnel, A la demand du
Commissaire du Gouvernement saisi
d'une plainte. Faute de quoi, le Directeur
ou le Gerant sera tenu pour responsible
et poursuivi en lieu et place de I'auteur.
TITRE III
DE LA LIBERTE
DELAPRESSE
ET DE SES LIMITATIONS
Article 21.- Le droit d'exprimer sa
pens6e et d'informer I'opinion en toute
matie-e est entierement libre.
Exception faite:
a) du cas d'6tat de guerre d&clar6e
b) du cas d'abus ou de delit de press /
determines par la Loi./
Article 22.- II est formellement interdit
aux organesde la Presse:
lo) de proferer des c';'nses centre le
Chef de I'Etat et la Prem.ere Dame de la
R6publique;


tileviser, cin6matographier et transmet-
tre les actes de procedure criminelle
avant qu'ils aient e6e lus A I'aud.ence
pub!;que;
3o) de rendre compete avec commen-
taire des dibats judiciaires sur les in-
stances en diffamation ou la preuve des
faits diffamatoires n'est pas autoriste.
sur les proces en divorce, en separation
de corps, en recherche de paternity, sur
les proces trailant d'esp6ce 6 caract6re
anarchiste ou int6ressant la sOrete
exterieure de I'Etat, le tout, A I'exception
du jugement d6finitif qui ne peut 6tre
public qu'apres son prononce;
4o) de rendre compete des deliberations
Interieures du jury, des Cours et
Tribunaux, des debats deroul6s A huif
close:
5o) d'entreprendre toute mahoeuvre
et publicity en nature & influence le
course des procedures entrain;
60) d'ouvrir et a annoncer des
souscriptions pour le pavement des con-
damnations judiciaires;
7o) de se livrer a aucune attaque con-
tre I'intbgrite de la culture populaire;
80) de recevoir directement ou in-
directement des fonds et avantages d'un
Gouvernement stranger ;
9o) de publier, diffuser ou reporter les
Secrets des Commissions d'enquete
parlementaire ainsi que les secrets de la
Defense Nationale;
10o) de contrevenir aux prescriptions
de la prbsente Loi.
Article 23.- Ne sont pas frappes d'in-
terdictions:
1) les discours tenus au sein du
Parlement. ainsi que les rapports et
toutesautres pieces imprim6s par ordre
du Bureau de la Chambre Legislative;
2) le compete rendu objectif des s6an-
ces publiques de la Chambre;
3) le compete rendu objectif et fidAte
des debats judiciaires non interdits par
I'article precedent. les discours pronon-
c6s, les plaidoiries ou les 6critss products
devant les tribunaux, A I'exception:
a( des parties de plaidoirie et con-
clusion don't suppression est ordonn6e
par le Juge;
b) des faits diffamatoires strangers A
lacause.
TITREIV
DES RECTIFICATIONS
ETREPONSES
Article 24.- Le G6rant ou le Directeur de
la publication est tenu d'inserer dans le
plus prochain numero du journal ou 6crit
periodique et & la meme place routes rec-
tifications qui lui sont adressees par un
d6positaire ou Agent de I'autorit6 au
sujet des actes de sa function rapportes
par le dit organe, avec inexactitude.
d6naturation.
Article 25- II sera egalement tenu
d'inserer gratuitement, dans le plus
prochain numero. A la meme place- et
dans les memes caractbreasde I'crit in-
.- criminn, les reponses de toutes person-
nes nommines ou d6signees.
Neanmoins, lorsque les r6ponses des
particuliers dbpasseront le double des






trouble la paix publique et faite de
mauvaise foi.
Article 40.- Seront punis d'un em-
prisonnement de 6 mois A 2 ans et d'une
amende de 1.000 a 2.000 gourdes:
lo) Ceux qui, par des allegations men-
songeres, visent sciemment A crier un
mc..vs.1er:' de r- "An me ,
nant les dtablissement prives. lo'sque ce
movement est de nature a avoir des
repercussions sur le credit public;
20) Ceux qui veulent 6branler la con-
fiance du Pays dans la validity& des fonds
publics de toute nature.
Article 41.- Tout outrage, toute
allegation ou Imputation diffamatoire,
toute injure commis par la voie de la
Presse envers:
1o) Un Chef d'Etat Etranger, un mem--
bre du corps Diplomatique accr6dit6-
dans le Pays, un membre du Pouvoir
Exkcutif, autre que le Chef de I'Etat. un.
membre du Pouvoir Lgislatif, un mem-
bre de la cour de Cassation ou du Parquet
de cette Cour dans I'exercice de leur
function. un haut fonctionnaire, sera puni
d'une amende de 1.000 A 2.000 gourdes
et d'un emprisonnement de 6 mois A 2
ans.
2o) Un Magistral de I'Ordre Ad-
ministratif ou Judiciaire, un corps con-
stitu6 en vue d'un service public, un
Agent d6positaire de la Force Publique,
sera puni d'un emprisonnement de 3.
mois et d'une amende de 500 A 1.000
gourdes.
Article 42.- Tout outrage. toute
.allegation ou imputation diffamatoire ou
toute injure commis envers .les par-
liculiers ou centre la m6moire des morts
par I'un des moyens 6noncrs AI'article
34 sera puni de I'emprisonnement de 1
mois a 1 an et d'une amende de 100 A
1.000gourdes.
Article 43.- L'omission des for-
malites prevues aux articles 3.4. 9, 10,
13, 16, 18 de la pr6sente Loi est san-
ctionnbe d'une amende de 500 A 1.000
gourdes. -
En cas de r6cidive. d'un emprison-
nement de 1 & 6 mois et d'une amende de
200 A 1000 gourdes.
Article 44.- L'inobservance de I'une
des prohibitions de I'article 22 (26me,
3Ame, 46me, 56me, 66me, 76me, 8eme
alin6as) et de I'article 23 (36me alinea in
fine) de la pr6sente Loi est sanctionn6e
d'un emprisonnement de 3 a 6 mois et
d'uneamendede2006 1.000 gourdes.
Article 45.- Seront passibles des
peines pr6vues A I'article 59 du Code
P6nal tous ceux qui auront, par la voie de
la Presse, rendu publics des secrets de la
Defense Nationale.
Article 46.- Seront punis d'un em-
prisonnement de 6 mois A 1 an et d'une
a- ier.d. de 1.000 & 2.000 gourdes. ceux
qui auront. par la voie de la Presse, rendu
publics des secrets des commissions
d'enquete parlementaire.
Article 47.- Tout organe de Presse
out servira de moyen A la perpetration
d'un ddlit de Presse, prevu aux different
articles de la prdsente Lot pourra, sur
I'action du Commissaire du Gouver-


nement. etre condamne i une sus:en-
Wion de 3 mois a 1 an par le Tribunal
Correctionnel.
De plus. Ia carte du journalist fautif
sera retrait6e pour une pareille duree En
cas de r6cidive. elle le sera
d6linitivement.
Art:Ile 48.- Tout proprietaire ou
g6ran> un organe, -.. ; ;e susoencL,
qu' ;acc,3ss oure A ctte decision sera
condamn6 A un emorisonnement de 6
mois A 1 an et A une a..e.jc
1.000 gourdes.
Article 49.- Ceux qui auront
frauduleusement obtenu ou u!lis;iS ,.",,-
te d'identit6 de journalist seront pour-
suivis pour usurpation de titre.
TITREVI
DESPOURSUITESET
DE LA PROCEDURE
Article 50.- Seront poursuivis cornm-
me 'auteurs principaux des delits de
Presse.
1.- Les Gerants, Aditeurs ou Direc-
teurs de publication;
2.- & leur defaut, les auteurs;
3.- A d6laut des a0teurs, les im-
primeurs;
4.- A defaut des imprimeurs. les ven-
deurs, distributeurs ou afficheurs.
Article 51.- Les propri6taires des
Organes de Presse sont responsablk-
des condamnations p6cuniaires
prononcees aux profit de la parties civil.
Article 52.- Les delits de Presse sor"
d6f6r6s au tribunal Correctionnel selon
la procedure courante, A I'exception des
.delits politiques commis par la voie .e la
Pressed qui doivent 6tre soumis au Jury
en vertu de I'article 30 de la Constitution.
Dans ce'cas, il sera proc6d6 a une into
nation preliminaire.
Article 53.- es delits de Pressr -, '
avant tout des .elits de droit commun.
Seuls ceux qui portent atteinte A I'OR-
DRE Constitutionnel ou visent un mobile
politique, constituent en I'espece des
delits politiques.
Article 54.- L'action publique est mise
en movement soil d'office par le
Ministere Public, soil sur la plainte de la
victim. Dans ce dernier cas, le
desistement du plaignant entraine la
cessation de toute poursuite.
Article 55.- L'action publique et I'ac-
tion civil, en matiere de delit de press.
se prescrivent par 3 mois, A computer du
jour du delit, ou du jour d'un acte in-
terruptif de la prescription ou du jour de la
d6couverte des publications etrangerf-
incriminees.
La prescription est d'ordre public.
Article 56.- L'action pOnale, en
matiAre de delits de press, sera put ee
devan: le Tribunal du lieu du delit, ou celui
de la residence du prdvenu. ou celui du
lieu oi le prevenu aura et& trouv&.
L'affaire sera jugee, toutes atfaires
cessanles, sans premise, ni tout de role; et
le itfcr,.ent, rendu dans les 3 jours de la
dctsion ordonnant le delibbr6.
Article 57.- S'il est reconnu des cir-
constances attenuantes en faveur du
-)"revenu, it lui sera applique une se' '






6n q go m pr0aww r.Mer
lion sera pay6e pour Ie surplus
seulement, A raison de 25 centimes de
gourde la ligne.
Article 26.- Lorsque les propos inexac-.
ts et les imputations diffamatories ou in-
jurieuses. qui donnent lieu A des rec-
tifications ou reponses auront tet dif-
fus6s par la voie des ondes et la
t6l6vision, ces rectifications et r6ponses
seront elles-mnimes diff'isdes dans les
memes conditions.
Faute par le dit organe d'obtemperer A
I'inj6nction de la parties 16s6e, celle-ci
peut se pourvoir par requite devant le
doyen du Tribunal Civil qui, apres com-
munication au Ministlre Public, ordon-
nera, s'il y a lieu, la publication des rec-
tifications et r6ponses.
Article 27.- Les propos injurieux et
outrageints proferbs par la voie des on-
des constituent des injures publiques.

TITREV
LIBRAIRIE COLPORTAGE -
AFFICHAGE
Article 28.- La vente des lournaux est
libre.
Toutefois, ne peuvent 6tre exposes
dans les vitrines de librairie, kiosque de
colpor!eur ou sur la voie publique des
revues pornographiques ou
dangereuses pour la Morale.
Article 29.- La librairie assure la
vulgarisatibn de la pensee en rendant
accessible A tous les lecteurs de tous
ouvrages et publications, 6dit6s
localement ou A I'6tranger, moyennant
que ces oeuvres ou ecrits ne soient l'ob-
jet d'aucune interdiction4igale. .
Toutefois. I'entrbe. la circulation et la
vente.dans le pays d'une publication
6trangbre, A caractere subversif ou con-
traire aux bonnes moeurs, sont inter-
dites.
.Article 30.- Toute personnel qui
assure la vente des journaux ou 6crits
periodiques publibs a I'ldranger ou
localement encourt la responsabilite
p6nale, lorsque ces imprimbs contien-
nent des articles tombant sous le coup
des interdictions et d61lits prevus aux ar-
ticles 22,35 et 50 de la present Loi.
Article 31.- .es delits de Presse.
prevus par la p. senatee Loi, commis par la
voie de publications etrangeres seront
poursuivis contre ceux qui auront envoy
les articles delictueux ou donned I'ordre
de les insurer.
Artilce 32.- L'activit6 de colporteur ou
de distributeur sur la voie publique ou en
tout lieu. public.ou priv6, de livrer, dcrits,
brochures, journaux, dessins. gravures,
lithographies et photographies est libre.
Article 33.- II est formellement interdit
d'apposer des affiches, panneaux.
reclames en des endroits susceptibles
de provoquer des rassemblements
pouvAnt perturber la circulation. ii est
Agalement dtfendu de les placer sur des
sites, monuments. 6difices publics.
Aglises, ecoles, le long des routes, ainsi
qu'aux endrotts reserves pour I'affichage
des actes del'autorite publique.
Article 34.- Seront punis comme


coMnplice d'une action qualified* crime
ou d6lit ceux qui, par des 6crits, des im-
prim6s *;endus, distribu6s 6u exposes
dans les lieux ou reunions publics, soil
par des discours, cris ou chants
sdditieux, menaces profer6es par la voice
des ondes el la T61evision, soil par des ar-
ticles expop6es aux regards du public.
auont directement port I'auteur ou les
auteurs A commettre ladite action, si la
provocation a 6te suivie d'effet.
Cette disposition sera 6galement ap-
plicable lorsqie la. provocation n'aura
e6t6 suivieque d'une tentative de crime ou
de delit pr6vu dans les conditions de Iar-
ticle 2 du Code P6nal.
Article 35.- Ceux qui, par les moyens
sus-6nonc6s. auront directement
.provoqib6, soil au vol, soil au crime de
meurtre, de pillage et d'incendie, soil A
I'un des crimes prevues aux articles 2,57
A 78. 254 a 313 et 357 du Code Peial,
seront punis, dans' le cas o6 cette
provocation n'aurait pas W6t suivie d'ef-
fets, d'un emprisonnement d'un A 2 ans
et d'une amende de 1000 A 5000 gour-
des.
Seront 6galement punis des memes
peines, ceux qui auront faitf'apologie des
crimes pr6cits d'une man Ire directeou
Indirect. I
Article 36.- Toute provocation, par
I'un des moyens sus-6nonc6s aux fins de
d6tourner les membres des Forces
Arm6es ou de Police et les Volontaires de
la Slcurit& Nationale de leur devoir ou de
l'ob6issance A leurs chefs sera punie
d'un emprisonnement dedix mois A 2 ans
et d'une amende de 500 a 3000 gourdes,
si elle a pour objet des actes que seules
les Forces sus-indiqu6es peuvent ac-
complir.
Article 37.- II est interdit aux organes
de presses de diffuser aucune
chronique, aucune rubrique presentant.
sous un jour favorable le bantitisme, le
mensonge, le vol. Ia paresse. la lAchet6.
la haine. la d6bauche ou tous les actes.
qualifies crime ou d6lit ou de nature A
corrompre I'enfance ou la feunesse sous
pejne d'un emprisonnement de 5 mois et "
d'une amende de 1000 gourdes avec
saisie et destruction de publications.
Article 38.- L'offense au Chef de I'Etat
et A la Premiere Dame de la Republique.
par I'un des moyens 6nonc6s a I'article
34 est punie d'un emprisonnement de 1
an et d'une amende de 2.000 A 5.000
gourdes.

Article 39.- La publication, la dif-
fusion ou la reproduction de nouvelles
fausses, de documents falsifi6s,
fabriques de toutes pieces, mensongers
ou attribu6s A des tiers. sera punie d'une
armende de 500 A 1.000 gourdes. lorsque
la publication ou reproduction est faite de
mauvaise foi. Si elle est de nature A
trouble la paix publique, la peine sera de
6 mois A 2 ans d'emprisonnement et
d'une amended de 1.000 A 2.000 gour-
des.
Le maximum des deux peines sera ap-
plique, lorsque la publication ou .
reproduction est tout A la fois de nature 6





-deux petnes. ..... planant. .. ... squil s'agira de him reconstituant une
Article 58.- La provocation est une Article 60 L'arrestation preventive. trance de I'Histoire Nationale.
cause d'excuse legale du deit d'njure et en matiere de delits de press. n'estpas Article 70.- Les organismes
rendcedelainonpunissable. dedroit. legalement designs apprecieront la
Article 59.- Toute imputation a Elleest seulement autorisee: waleur culturelle et morale de tout film et
caractere diffamatoire est r6putee faite lo) dans les cas pr6vus aux articles toule piece th&Atrale, ce, en vue de
de mauvaise foi. Le prevenu est tenu. 34,35,36,38.45delapr6senteLoi. r6glementer I'acces des lieux de
pour sa defense, de fournir la preuve con- 2o) lorsque I'inculp6 n'a pas un representation pour la protection des en-
traire; la centre preuve est r6serv6e au domicile connu en Haiti. fants et des adolescents.
-.-- .Article 61.- La liberate provisoue peut Article 71.- Les etrang'ers ou les
6tre sollicitee dans tous les cas. moyen- Socidtes dtrang6res ne pourront, en
nant caution ou cautionncment. Elle est aucun cas, 6tre detenteurs dans un
laissee A la souveraine appreciation du organe d'information quelconque (jour-
Juge. nal, radio ou television) de plus de 40%
Article 62.- Les dblits politiques desactionsouduCapitalSocial.
commis par la voie de la press com- L'activit6 d'Agent de Publicit6 Com-
p6tent au Tribunal de Sbret6 de I'Etat qui merciale est strictement r6serv6e aux
siegera en ce cas avec la presence d'un Nationaux.
jury de six membres et un supplant. Article 72.- En attendant d'avoir en
II en sera de mame toutes les lois que nombre des journalists professionnels
la presence du jury sera n6cessaire pour sortant d'un centre de formation,,
donner competence A cette jurisdiction. I'Association Nationale des'Journalistes
Article 63.- La preuve peut etre delivrera des cartes d'identit6 aux jour-
6tablie en matiere de delit de Presse par nalistes qui assument une function
tous les moyefts, notamment la preuve d'inter6t public et qui; en outre,
matkrielle et la preuve testimonia!e. reunisseht les conditions suivantes:
Article 64.- la police judiciairp peut lo) avoir une- situation r6guliire et
confisquer des exemplaires de I'6crit ou rdmuner6 depuis 3 mois au moins, dans
des dossiers incrimines. une entreprisede press;
La confiscation total ne pourra 6tre 2o) tirer au moins 50% de feurs
ordonnee par le Juge d'Instruction ou le resources, de leurs activities jour-
Commissaire du Gouvemement qu'en nalistiques.
matiere d'outrage aux bonnes moeurs.. Article 73.- Les proprietaires des
d'offense au Chef de l'Etat, de journaux'ne pourront publier leurs 6crits
provocation suivie d'effets, au meurtre, que sous forme d'editoriaux pour ne pas
au pillage, A I'incendie, a la subversion, concurrencer les journalists
aux actes anarchistes et & la propaganda professionnels.
outrageantepourlepays. Article 74.- L'Etat, en accord avec
Article 65.- En dehors des prescrip- I'Association Nationale des Journalistes,
tiQns et d6rogations sus-mentionnees, or.qanisera des s6minaires de
les r6gles de droit commun seront ap- recyclageAl'intentiondesjournalistes.
pliquees A' toute procedure et a tout ilentreprendra des d6marches aupres
jugementenmatibrededelitdepresse. des Pays amis pour I'octroi aux jeunes
Article 66.- Le jugement d6finitif est journalists de bourses de formation et
susceptible seuTement d'cpposition ou desp6cialisation.
de pourvoi en Cassation.
Ces recours seront exerc6s dans les TITREIX
formes prescrites par le Code d'lnstruc- DISPOSITION D'ABPOGATION
tion Criminelle.
Article 67,- Toute manifestation of- Article 75.- La present toi abroge
ticielle. tout Message ou Discours du toutes Lois ou dispositions de Lois, tous
Chef de I'Etat seront relates par les Decrets ou dispositions de Decrets, tout
organes de communication fonctionnant D6crets-Lois ou dispositions de Decrets-
sur le Territoire National. Lois qui lui sont.contraires et sera publike
Article 68.- En cas de d6sastre et ex6cutee A la diligence des
national, il est fault obligation A tous.les Secr6taires d'Etat de I'lnterieur et de la
moyens de communication d'informer D6fense Nationale, de la Coordination et
objectivement la population tant sur les de I'lnformation, de la Justice, chacun en
faits que sur les measures d'intervention ceaquileconcerne.
des agencies publiques ou priv-es en Donn6 6 la Chambre Legislative. A
faveur des communautes affectees. Port-au-Prince, le 19 septembre 1979, An
TITREVIII 1766me de l'lnd6pendance.
DISPOSITIONS SPECIALS Le President: Victor Nevers CONSTANT
Les Secretaires: Jean Th. LINDOR-
Article 69.- UneCommission. form6e St.ArnaudNUMA
Sla diligence de la Secr6tairefie d'Et;a de AU NOM DE LA REPUBLIOUE
la Coordination et de I'lnformation, Le President A Vie de la Republiqueor-
assistera les cin6astres strangers A I'oc- dconne que la Loi ci-dessus soit revstue
casionde tournagede films. du Sceau de la Bepublique, imprimbe,
Elle veillera a ce qu'aucune sequence, publiee et executee.
qui porte atteinte a I'honneur national ou Donne au Palais National, A Port-au-
A la dignity racial, ne soit realisee dans Prince. le 28 septembre 1979. An
le Pays. "- '76rnredel'lndependance.
Elle veillera galement au respect de JEAN'*.CIL DEDUVALIE
.lauthenticit6 et de la vracit6 des fails, Par le President
Pmr le Pre'siden!









Revised Press Law

31 March. 1980


P JO aI!N.1.. D LcA RCLUT L ON D.T UVTil.rEI VT,1.1 a 3 oL


125. Ae No.23 XXIInum. DE LA RIEVCLUTION DUVALIERISTE Jdl 3 Avril 1M


-DVertt rapportbot Is tri do 1i Sepncm re 1"7 Mr 1 pwse I mrrmnpmnt
Wr nine nJVrr,' T.I-i'Vin e: csnto.re k rrlt'icie in G--,wmemnL
-D! eCt de la S-e .t'irerie d~t-t der F.nan-c et des Af* '-ir F-one'w'-s
IVc, iw Ia ,'te die '.-in de 'e terrain, domaniaut sigui i Port-su-Prince
-Derct sanctio.nnant la Convention sor la PrEvention et la WRKn--*-n dec an.
fa-*'.*n: centic Ic- p ronesi joui,'-nt d'ul. p-otcrtion Inler national, y
rompri; let Arents Diplomntiqnei Conventinn .nnemre.
-'tTi; de fnnt;nnenmcent de hi SfK.:t- Anonne I1-nn-rnev : .Gaulard Antilles
V -n-es. lt;; S. A. ..- Stitt et W ,e rn-ti*;i' .n, r, ..
r.t:t, p?-ourint la iq.ni.iticn de pcn':nr. ,ril:,;re I tt ''1-'n .-,-.
' Aleiandr'o rh;login* no- Emlinc Jc'.n Glelt, Caeir aBX droits
de fcu son lpoux.
O t On Co, -,rr t re I'ndustri Extraits do Re-i-tr
,id. et dt F-.rm or de Ctwenmcm.


DECRET
JEAN-CLAUDE DUVALIER
President i Vie do Ia R pubLque

Vu !es art;cIes S, 'Z, CS, 93, 9; e: 94 de la Cons-itution;.
Vu le d6c:et du 13 Juin 1930, rapportant Ia Loi du 15 Dicembre 1921
s*:r !a Pre.se: .
Vu lc Dicret du 26 Aofilt 1057 modifiant celai du A. .um 1930;
Vu le Dicret du 23 Aout 1960 organisant un regime special en fa-
vour ces Eocie:6s Anonymas;
Vu lIa ,ol du 16 Septembre 19G3 Sur les Soci6:s Anonyroes Mixtes;
Vu la Decret du 9 Janvier 1963 sur les droitz d'auteur d'ceuvres
litt&aires, scientifiques et artistiques;
Vu le D6cret dlu 12 Octobre 1977 sur la radiodiffusion;
Vu ,'a Loi du 20 Septcmbri 199 6ur 1i Preast;
Vu les articles 9, 77, 78, 258. 282 (ler. alinra), 283, 313 & 322 du
Code P6nal;
Vu les articles 19 A 53 d'_ Code de Commerce;
Vu les nrlic!se 13 et 14 de L- Convont.on Ir-er-Amiricalne sur les
de~s de l'hornr.e (Pacte de San Jose de Ccsta Rica) ratili6 par la
P.ipubl:qic d'Faili ILe 20 Aout 1972;
Vu l- Decret do 1 Chiambre Iag-1tive, er date du 20 er?.m-
br- 1979, su-Pendant ;es garantics privues aunx articles 17, 18. 19,
20 U. 31. 34, 43, 50, 70, 71, 72, 93 (dernis alin:a), 95, 1C5; 112;
1U3, 1!2 (2me-. alir.a), 125 (2me. al:n.-), 1 1, 133, 14, 135,
IST, 141, 150, 155, 193 :: 10: 3 la Cor.<'.:t:cn ot accordant Pl. na
Pouvoirn su Ch du Pouvo'r Ez6xct:if, pfur Luj perm~ttre do
p.end.e ju,"qu'=u druxime lundi davril 19.30, p:r Dcro:s sy olt
fre do Lois tcites r~cures qu71 juern cs.sIeal, t saave.
rre e. l'Eta. A la cnr olida!!on doe IO-dre at !. It Pa'x, e,
-'nat- .:- It I ..bilyre rcov.'eique et .T3,Ci1 -e a l at"'',
a l'prford ssement du birnm.te dem 7-03atior' roustio. t at
batres. A 1a daferse des rnt.-4ti Gi:L--"Z do !& EUkublque;
Co--id^rant qt:? la Conltituttion cc!-acre le priri'- ceo la `'ser
d'cro-es-.ion: quEll. pcrrnm't t ch.n,:n d'en !oir dans tous les do-
maines-et par tous les Mno-en5 on son poutvoir;.
C-- ;r,:.:.!: ."' r *" "- ':" :'" "'-- -.r -'*. T *". on

eZ.' cu :. rt" prnord 1an. 2r.- I'l'--i- Cs co= nu."- d-.


mc:ratir:=es qul se d!olvent en retour do lul assurer lI'ndpeadan o
et la r&curitt ai-sl que toutes ls facilitss 'ncessairs A aon entler
rayonnemenLt.. .
Considerant quo les dilits de pressed sont avant tout des dlits do
ldro: common; que esouls ceux qui portent atteinte a I'ordro constitta.
tionnel sont des dilits politiques;
Considirant qu'il convient de rapporter la Lol do 19 Septe~brt
1979 sut la Presse et de la remplacer par une legislation plus con-
forme & la politique do lib6ralisation du Gouvernement do la Rurs-
blique;
Sur lo rapport des Secrtaires d'Etat de I'Int6rieur et de la Difams
National, de la Justice, de la Coordination et de 1'Information .
Et apris dklib6ration on Con.mel des Secr-ta res d'Eat -
DECREE .
TITRE I
." ". DELA PRESSE
Article ier.- La Presse group : -
1) les imprimeurs, les maisons d'edition et les libraries;
2) les journaux qxotidien., les hebdomadaires et autres psdoda
quoe, e:s lei zmaga.ins, les cahiers ou.e feuil es paraissant A nlteraL.

3) les .ationao ae radiodiffuson et de tmlrvislon tells que difinle
as-i Chipitre IV du Dcret du 12 Cctobre 1977 sur Ia radiodiffu on;,
4) les agencies de press.
Article 2--- Tout citoeyn h'ait:en pe.t. sanz autorisat.on pr#4s*b'e
s'adonnec aux professions a'lfrentes asu quatre branches d'activit6s
ci-dessus indiqu6es.
Ar:ic!e 3.- L'exerc'c* do ces actiUvit6 frste cependant aomns ]'
la preseate 16gislation come aux lois sur la profession commrner-al~
sur la proprit6i litt6raire, sur la radiodiffusion et la t616vision.
Article 4.- Tout imprimi rendu public doit porter I'rtdication des
nom, prinom *t domicile do l'imprimeur at de 1Iditeur, la date at Ia
numnro d'ordre de 1'4dition; '
Article 5- L'imprimeur est tenu, dars les 72 heoures avnt bh pm-
rution de d6poser clnq (5) exemplaires do l'imprim6, savor: .
.- A Port au-Prine;, & la Secritairerie dEtat de llntirieur at A
la Defense Nationale,, : ..
en Province, A l'H6tel de la Prd ecrae %, & d6faut do carr
Institut'c.& h 1H6tel Communal,
Article 6.- Sont dispenses du dip6t :
a) les ouvrages dits de ville (lettres, cartes d'ivtation, d'avis,
d'odresse. do visit, paper a lettres, eaveloppes & en-tOte...)
b) les travaux d'imprea-ion dits adminrstraffs (factures, aesa, o-
gistres...), .
c) les travaux d-impresrion dit de commerce tariffs instrtlonrs.
4ir.ujettes. cartes d 'chantillon ou autrca),
d) le- bul!e.iLn do vote, lcs tires de publication non er.-re imprl-
mis. l-s tircs et -crtilicats d'a.tion et d'obliatior.s des sociitda com.


r.." OP."2' ME ? PPE. Tr DrS JOT'NALT7-T: -
A'i;.ce 7.- To't.- fn'.-rp:e de prx'-. a:!! av"i- itr r*-1.t .'-w>-.
sb'!e eto rrizr.a2i !-sitier.ne. jo.is:.zt :te -s diroit civts rt: nil!'(











.L~ MON1T~U7t. No. II Jc.dl ~ :.vril 2~t33


ques. De plus, le g6-ant responsible re peut occupcr aucune fonclion
couverle par 1'immunit6 politique.
Son nor et ce'ul du prop.rdiaire doivent ,tre oblig3toirement men-
tionnis dans l'organc de Ciffurion. Dains Ic cas c'e la radio et de la
t~i;i.1.;;, l'i.dicatif fcra r6;&6t au mcins trois fci' toulcs Ics 24 heu-
res.
S'agissant de journal ou re-ue scolaire le Dirocteur .de l'4tab'isso-
ment outin Professeur par lui design cn assurora la g&ran:e.
Nul ne peut kte grant responsible de plus d'une entreprise de
press.
Arti:le 8.- Toute personnel qui veut fond& uwne publication quoi-
dienne ou periodique doit, par lettre recommandm 4 avec avis de re-
ception, solliciter et obtenir :
A Port-au-Prince, Iautorisation de la Secritaireric d'Etat de
1Tntbrieur et de la Defense Nationale;
en Province, celle de la Pr6fecture ou, A defaut de cette Insti-
titution de la Commission Communale qui fera parvenir la lettre au
Prdfet. Aucune caution, aucune measure fiscale n'est impose eon Foc-
curence.
Article 9.- Cette declaration sera faite un mois avant la parution.
Elle mentionnern le titre du journal, son caractAre, sa piriodiciti,
son lieu d'imislon, I'imprimerie qui en assurera I'impression, les
twia, t.e..om et residence du grant responsabie.
Toute modification survenue dans les conditions inumirics A I'ar-
tide 7 et au present arlic'e sera dclarie s ivant es d spos.:ons de
li prisente Lol. Dans Je cas de cessation de plus de six mois d'uro
pub'cation, avis de reprise *era dor.ni commit ci-dessus :ndiqu6 mais
qulnze (15) jours A l'avance.
Article 10.- Les journalists pourront former une Association Na-
tlonale representative de leur Corporation et institae pour la defense
de liuri intdrits profe aionne!s.
Article 11.- La profession de journaliste consiste dans lexercice
'permanent, au rein d'une entrepr:se de press. mneyennar.- rt'-bi'bwn,
d'une actlvitV ayant pour ob'et la redaction, la composition. Ia publi-
cation, la diffusif n d'un texie en -vi de L'.nformation object ve du
public.
Article 12.- Les agencies de press fournissent aux entreprises de
prese des articles, informations, reportages, photographies, dessins
et tous autres elements de redaction. )
ChAque agence doit avoir un grant responsible de nationality hal.
tienne.
Les agencies haittennes de press peuvent itre des soci6tis mixtes,
priv6ew ou publiques.
Las agencies A caractire rnmxte ou privi peuvent se former libre-
ment moyennant avis prialable aux Secritaires d'Etat de l'Intrieur
et de la Difenre Nationale, de la Cco:dinaton et de l'Ifor-
matlon, avec mention de ia l'st de leums correpondants corm.
pregnant !es Doms, prdnoms, domicile, r sidznce et nationa!it de ces
dernlers.
Ellse seront tenues A la d'fusion d'nformations comp te3, exac-
tas, impartiles et dignes de confiance.
Article LI.- Tout journaliste ou agent de press devra ddtenir une
carte d'identiti professionnelle ddlivrde par'la direction de 1'entre-
prise de presse pour laquelle II travaille.
La carte Indiquera les nor, prdnom, residence, lieu de naissance
ainal que Ie rang professionnel. E le portera en outre les photographle
et signature de son bindficiaire, un numoro d'ordre, le sceau de I'or-
gane de presse, la signature du directeur de Ientrarise et cell do
Secritalre d'Etat de la Coordination et de IInformation.
Cette carte est renouvelable Ie ler. Octobre de chaque annre.
Toutefols, pour exercer sa profession sur le Territot-e Nati-nal. le
Journaliste ou agent de press stranger r4sidant en Haiti sollicitera
du DWpartement de la Coordination et de l'Info-rmaion, sur pr4senta-
tion de ses pikees d'dentitd de journalist, une carte de press renou-
velable tous les 3, 6 ou 12 mcis soelon le cas.
Article 14.- La carte de journalist o' d'a-ent de presse est pe--
pnOnelle. Celui-ci l'aura toiijours en sa rosesslon aux fins de facili-
ter en tout lieu son acci et ses drnmrches.
Article 15.- L Journaliste qui utilise un pseudonyme est tenu
d'indiquer par crit. avant taste insertion, son veritable nor au g6.
rant res'oon'able.
Article 16- T.'Etat Cetor'era & tre"ate rtqrrl" A@ p-Pe ul* T.
gime postal p-4.rertsel *.'irn Mr erel f;'i v4ar I'rcvd inter.a'i,.
nI da postea & savoir 25%o du tariff normal par vole terrrstre, mari-


time uu cfricnne. Cc rn mn tarif scra acc rdi p.ur les cmnmur.lca-
tions t14;lhoniques nationals ct internatioc.aJcs b ca.rartre profes-
sionnel.
Bed:ficleront igalement c'O cc regime postal pr e rcntiel 1 rnmp-i-
mrerie ou les mn.io.-s d'&dition pour leurs livres et brochures imppri-
mis en Haiti.
TITE III
DE LA VE.'TE DES JOURNAL X .BP.IIFIE COLPORTAGE
Article 17.- La vento des journaux est libre.
Toutefois re peuvent Mtre exposes dans les vitrines de librairle,
k'r..qucs, de journaux ou sur la vote publ.que de3 ievecs porno .a-
phiques ou dan.ereures pour la morale.
Article 18.- Est libre I'activit6 de coloorteur. ou de distributeur
sur la voie publique ou en tout lieu pub'i" ou r-"'6 e'e livres. ec-;',%
brc:hutrs. io.rnaux, d.s:i s. grzvures, 1 h ig a; hics et ;hitcgra: hies
non llcencleuses.
Article 19.- La libralrie assure la vulgarisation de la pense en
rendant accessible a tous, les ouvrages et publications iditis en Haiti
oau A Fitranger, moyenrant que ces ecrits ce soient I'ob.et d'aucune
Interdiction ligAle.
Article 20.- Le libraire qul assure la vente des journaux ou ecrits
pirioeiques publids A li'trangcr encourt la responsabilit4 pdnale lors-
que ces imprimis contiennent des articles tombant sous le coup des
int:d.c:ions e: dil ts prdvur, rux articles 22 et U4 de la pr6sente LoL
TITRE IV
DE LA LIBERTY DE LA PRESS ET DE EE3 LIMITATIONS
Ar.:lce 2L- Le droit d'exprime- sa pensdo et d informer l'opinon
en toute matiere est enliiremtnt libra.
Exception falte :
P) du cps d'itat de guerre dclarde
b) des cas d'interdiction diterminre par la Lol.
Article 22.- II est fo-mellement inte-dit aux organes de pe-sse :
1) de publier,' reproduire. diffuse-. tfliviser. ctint-ato-a--'lr et
transmettre les actes de procedure criminelle avant leur significaltion
ou leur lecture A l'aiidience publique.
2) de readre compete des dilibi stlons Intileures du jury. des
Cours et TIibunaux; des debats de-oulks & huis-clos einsi qee des nro-
cis en divorce, en separation de corps, en recherche de paternity, et
en dlifamnat!on.
3) d'ouvrir et d'annoncer publiquement des souscriptions pour le
pavement des condemnations judiciaires en matidre correctionnelle et
crinmnelle.
4) de publier, diffuser les secrets des commissions d'enquite par-
lementaire ains! que ceux de la defense national.
5) de recevoir dii-acfement ou indirectement des fonds et subsides
d'un gouvernemnt stranger.
TITRE V

DES RECTIFICATIONS ET RESPONSES

Article 23.- Le grant responsible de la publication est tenu d'in-
adrer dans le plus prochain numnro du journal oun crit pdriodique
et A la mnme place toutes rectifications qui lul soont adresskes par un
d.positaire ou agent de l'autoritk au sujet des actes de sa fonctlon
rapportis par ledit organe avec inexactitude. drnaturation.
Article 24.- 11 sera tenu d'insider gratuitement et Intgralement
dans le plus prochain nurmnro, A la meme place et dans les mimes
caractbres de 1'ecrit Incrimind les riponses de touted personne nomm-e
ou ddsignie.
Nkanmoin., lortque les rdponses des parnicullers ddpasseront le dots-
ble des enrits qui les auront provoquas, tout surplus sera payd au prix
courant de la publicity.,
Article 25.- Les piopos injurieux et outrageants profiris par la
vole des ondes et de la television constituent des injures publiques.
Article 26.- Lorsque les propos Inexacts et les imputa'ions diffa-
matoi'es ou injurieuses qul donnent lieu a des rectifications *.u ro-
ponses auront Ait diffuses par la vole des ondes et de la television,
ces rectifications et r4por.nses seront diffustes dans ls mimeas condi.
tions.
rate pnr in o.-gae da oresre d'ob'cte-n er h la demna.,- de t.e
I'firation de la p-rtie lisie, ce'le-ri peut so pourvoir par-devant le
T-lbunal ec-recio-nel Qol rdn-e-a. sill ya I. It -em"irtion
St'o -'*r're d'.e ae-de deen & a A rr'te* r a--.s prnjudise te don-
umaes intirlts au profit de la part* demanderesua.


.LE MOUNT TTUt*.


No. .8 Je.-dl ; ..vril 1033











No. ko Jeidi 3 AvrU 1939 oLE MONTI1UR.


TITRE VI
INFRACTIONS ET SANCTIONS

Article 27.- II est interdit aux organes de press de diffuser des
chcii ques et des ast 4c..s a.. a. .povo,;.e ties ac.S qua.is cr:-
rues ou dilits, 'u de nature A corrompre renfance ou la jeunesse ou
A e.courager le traffic et l'usag; des stup4!iants sous reine d'une
imeunde de 500 A 1.000 gourdes ou d'un emprisonnement d'un mais
A trois mois avec saisie ct destruction des publications.
Article 23.- L'outiage fait au Chef de lEtat. la Premiere Dame,
de la Republique sera puni d'un e_-iprisonnement d'un an I trois ans.
Article 29.- L'insc:Dn0mppisem:nt des formal,.bs p:6vues aux ar-
ticles 4. 5. 8, 9, 12 et 13 de la pr4sente loi enrrainera la suspension.
par le Departement de l'Intbrieur et de la Difense Nationale, de l'or-
gane de presse ou de l'activii, ir:r mir.:.
Article 30.- L'inobservance de l'une des dispositions des articles
22 et 23 d! 'a prisente L:i est punie d ure amerde de 500 & 5.000
gourd-ss ou dun emp:isonr.ement de 3 mo's h 12 mncls.
Artcle 31.- Ceux qui auront frauduleusement ob enu et utlTs'
la carte d'identi: de journa'is:e seront poursuivis pour usage d>a
fausse quality et pa.'ib es d une amended de deux cents a cinq cents-
gourd:s.-
TITRE Vii
DES POURSUITES ET DE LA PROCEDURE

Article' 2.- Selcn le cas, seront poursuivis, come auteurs prnn-
c'paux. des del.ts de press:
1) les au:eurs ou grants respornsab:es;
2) les ed-teurs ou impimturs.
Article 33.- Le prc.prik:aire dun organe d- pr-sce es: re!pNnsa-
ble des rdparatiors picaniaires au profit d. la parties civ Is.
Artic'e 34.- Toute personnel qui it pr6ttandra liseu par un di-
lit de presie pourra s'ad;es'er direc.ement au Tr bunal Correction-
"pI ou en rendre i t dans es forces privues par le Code d Ins-
truction Criminelle (C.C.)
Ar'icle 35.- L ac'on publique en matibre de dilit de presme sa
prescrit par ticis moiL & computer du jour du delit ou du jour d'un
&ce interrup".'f de "a prtscr pt.on.
Article 36.- L'action pinale, en matiere de delit de press. sera
po:tde drvant Le Tr.bunal du lieu du dilit ou de calui de la res.-
dece du privenu ou de ce!ui ois le privenu aura ee: trouv4.
La cause sera jugie touted affairs cessantes, sans remni!, ni
tour de role; et le jugement rendu d.r.s L-s tiois jou s d, la di-'
es on ordonnant le d6b.bers.
Article 37.- La provocation est une cause d'excu~e l~gale du
d&lit d'injure et rend ce deit non punssable.
Ar.icJe 38.- L'arre::.ation priven t.:, en mature de d-lit do
press, n'est pas de droit, except dans les cas privus aux aric em
22 paragraphss 4 et 5), 28 de la prisen(t Loi etoCt Is Libert6 pro-
vis re ne sera pas accordie.
Article !9.- La police judic'aire coniLsquera les exetnplaires do
r'crit ou les doss.ers tombant sous le coup d? la presente Loi et
de*irera Les responsables par.devaat lea Tribunaux cbargis de leg
pucir.
Article 40.- En matiere de dilit de press., le jugement est uis-
cepuble d'opposition, de pourvoir en Cas-'aLcn.
Ces recours ieront exerc6s dans les forces prescrites par. le Co-
de d Instructiona Cr.minelle.
TITRE VIII
DISPOSITiuNS SPECIALS
Art.o'.e 41- Une commission, forire A la diligence de la Secr&-
tairerie d'E.a: de l'Informat:on at de la Coordinatiop, assistera les
cinkass s strangers a l'occasion de tournage- de ilms.
Art c:e 42.- En vertu de I'article 21 de Ia prisente Loi, aucune
censure prialdble ne peut frappzr une representation thbitrale, ci-
nima:ographique, chorigraphiqLu, sous reserve des d positions du
PDcret du '9 janvier 1968 sur les Droits d auteur d'ceuvres littcrai-
res, sc'entifiques et art 'stiques.
Art:cle 43.- Les strangers ou esi soci6tis commercial-s etrang-
re. re pourront, en aucun cas, &'re di'enfeurs en Haiti. dans un"
Er-ren-ise de press quelconque, de plus de 40% des action ou du
Capital Social.


Ariic.e 44.- L'exe:cice de I'activit d'aent. de pubi'cit6 c~m
c ale dans les journaux, .:a radio, la Ie vision ou auLres est strict;.
mnrt: rks:rvie aux naionaux.
La violation de ce;.e disposition entralnera pour le grant res-
ponsable oa le propritaire de lagence une amesid:. dcL 500 & 1.L00
g:urd's a proncnrer p.:r le Tribural co=-ptent. Di plus, la carte
didentiL: profess.oi:.-Le de 1'tranger sera annulie et ra icaoe.
renai. e.
TITRE IX
DISPOSITION D'ABROGATION
Article 45.- Le p:rsent Dicret abroge tou es Lois ou dispositilons
de Lois, to::s Dd:r- s ou dispos:;tio de Dicrets, tous DQcrsts-Los
ou disposi;ons de Ddcr:ts-Lois qui lui son; ccnraires et sera public
et exdc-.:r6 A 'a diligence des Secr6taires 6Etat de IIntdr'eur et de
I Dif-nse Nationa'e, d? la Coordination et de IInformation, de la
Ju,,ice, chacun en ce qui le concern.

Donn6 au I"alais National, A Por.-au-Prince, 31 mars 1980 An
17teme. de lInd4peLdance.
JEAN-CLAUDI DUVAUIM
Par I* Prikd-etC

Scrdaiab9 dEtst do frrin mur ot Co a D er Z iren
CluJ& RA YhOND
- Ie Secri4aire dEtat de la Coordinalion et de rnfmation -.
Jean NARCINSE
L S.critair, dEtal de la justice : Mr. Ewald ALEXIS
Scresare d2Sal dis Fdenncs as* des Atairse LcoOmmique
Dr. lev- BOVYJr
La Scr6taire dErai au Comm~nec at do frndutri t
Andrh DUMESLE
*Le Secritairw d'Et d la Santi Publique t de Population a
Dr. VWiL' VIRRILt
e Secritair, d'Elt des Alloires Etrangries t dli Cults L .
Georges SALOMON
Je Swfcaiv dEtie a.. j,..a rbiLmu s em Temilpee
Comnmwirkatiorn : Inr. Alix CINEAS
Eq Sec-ritelrr Etal di rAArcultwure. des Reoeurme Notuwfrl-
et du Dtveirne meant RIural Agronowun PaFo St. CLAlP. -
La Secrataire dfEtat du Plan : Raoul BERRET
Ue Secritaire dEtoa des Vws rf des R-9ourcis EergitiqWs a
Fritz PIERRE LOUIS
'Lt Socriair. fEtnl du TroonmI rt d-' Afflairw Soci
Ituhe,4 ie RnnVcFR4Y
Le Secrtaire rEt d rEdoucation Nakionale
Jo;~ep C. BERNARD
to Swcivtagra rEetM u Jafew-- at za Sporte
ThJAdto E. ACHILLEA


No. zo Je-di 3 Avril 19S3


*LE MONTTTUR.







Appendix C-1


AFFIDAVIT OF JOCELIYT MARCEIJJS



Washington )
District of Columbia ) ss.:


I, JOCESLY KARCELUS, declare that:

1. On March 17, 1977 I was arrested near my house in Port-

au-Prince, Haiti, by five Ton Ton Macoutes in their blue denim uni-

forms. No reason was ever given for my arrest or detention and

I was never formally charged. I was taken directly to Fort Dimanche

in handcuffs.

2. Immediately on arriving at the Fort Dimanche political

prison, I was taken to an interrogation room. They began to beat

me because they said I had been taking badly about the government.

They just kept beating me with their fists that had rings on,

with clubs and with kicks from their feet. Blood started pouring

out of my mouth and ears and I lost consciousness several times.

The second time that I woke up I caw some of my teeth in a pool

of blood on the floor. This beating was so bad that for many

months after.I couldn't see out of my right eye and a total loss

of hearing in one of my ears. My whole face was completely swollen

from the beating. They stopped beating me when I lost conscious-

ness the last time, I couldn't take any more. I never was allowed

to see a doctor in the two years that I was at Fort Dimanche.

3. I spent seven months totally alone in a small cell,

without any window. The cell had a metal can to relieve myself

in and was full of pests. They emptied the can once a week and

the cell stunk. In the morning they gave us a little piece of

bread and a glass of '-ster, and around 2:00 pm they gave us some

watery corn real. That was all we had to eat. Sometimes I used

a little of this water to wash myself.

4. After about seven months alone in this cell, they

brought in seven other prisoners. Amotngst them was a deportee

from the United States named Franklin Jocelyn, who stayed in the

same cell with me for the next seventeen(17) months. Another

of the occupants of the cell named Jacques came in a very weakened

condition and soon got very sick. '%e tried to give him some












of our bread. I think that he was dying of tuberculosis. One

day they came to get him and I never heard of him again. All

of the other six people who were brought into my cell at this

time had been very badly beaten, just like I had. Because there

were now seven(7) of us in the small cell, se had to sleep in

shifts. '.'e would' lie down on the cement for one hour and then

give the space to the next person. I should add that when

Franklin Jocelyn, the returnee, was brought to the cell he

had been so badly beaten that you couldn't see his eyes, and

his face was totally disfigured.

5. Later when Franklin Jocelyn recovered a little he

told me that he had been in a group of 35 people who were

returned from 'iami. They were arrested immediately at the

airport on return. Jocelyn said that as soon as they got off

the plane they were handcuffed and blindfolded. He never heard

from his thirty-four(34) ccmpanions again, but he thought that

some had been brought to Fort Dimanche in the car that brought him.

Jocelyn also told me that one of his companions who was also ar-

rested on return from Niami, recognized one of the Macoutes who

handcuffed and blindfolded them as coming directly from the

rational Palace. I asked Jocelyn if he had done anything to

get into trouble before he left Haiti. He told me that he

wasn't interested in politics and that he had no trouble. All

he could conclude was that he had been arrested just because

he had once left Haiti for the Unites States.

6. After 24 months in Fort Dimanche I was released.

They never charged me or gave me any explanations for the

treatment that they gave me.



May 13, 1980 -' ./, *' / ,/-
Jocelyfi Marcelus






May 13, 1980" 4 4
Vivian Boulos








Appendix C-2

AFFIDAVIT OF



City of Montreal )
Province of Quebec, Canada) ss.:

I, .declare that:

1. I was born in Port-au-Prince on 1951 and I have

always lived in that city. It was there that I completed ay education. From

October 1977 until the day of my arrest, April .'. 1979, I worked as a teacher

of Haitian history and geography at the secondary school level at

High School and at a similar secondary school named the Institute Sociale.

2. On April 1979 at the noon recess of High School

I was intercepted and apprehended by, two men who led me into a van and took

me directly to the Casernes Desalines, after having told me that I was under

arrest. Upon arriving at the Casernes Dessalines, I was put in a very small

cell that was less than two meters(yards) square. I stayed there alone until

the next day on a bare floor, under a very bright lightbulb that was constantly

illuminated. The next morning around 9:00a.m., approximately one hour after the

raising of the flag which took place at 8:00a.m., I was conducted into a room

where I underwent an extensive interrogation. In the roci were a Captain from

the Army in uniform and two other ten in civilian clothes. The Captain accused

me of being a communist: and an opponent of the regime. I categorically denied

that I was a conirnist adding only that I was only a professor of history.

They demanded that I furnish them. with a list of n -ms, a task that was ob-

viously impossible to complete in view of the fact that no such people existed.

Each time that I was unable to respond to their questions, the two men in ci-

vilian clothes punched and kicked me very hard. This routine was continuously
repr 'ted for approximately fifteen(15) days. After each interrogation I was put

jick in my solitary cell which was located about one hundred(100) meters from

the interrogation room. On the last of these days the Captain told me that as I

did not want to furnish any names, I was going to be transferred to Fort Dimanche,

and he added. "You know what that means".

3. Upon arriving at Fort Dimanche, I was put in a cell with two
other men, one of whom was named Philippe Agenor(approximately thirty five(35)

years old) and the other who was about'thirty two(32) years old was known by
the first name of Kean. The cell measured approximately three(3) meters(yards)
-qtunre. Once ever day between noon and 2:00p.m. we were served a kind of
,'t-. lr'oth ;Ind a dipper of water. After this our only meal of the day, they











boh us -a-n 0oil Ld-:.. cut in h;.r which we had to u at this tine for our -.
,il y f-netions". 1-te never hid any possibility to wa;h ourselves.

4. lhtil appro.dxi-ately mid-July I was in this same cell with the sare
coTanion-. Aillipe talked to ne frequently, but Jean was very reticent.
T le:'ed thaIc both of them had separately Lraveled secretly to ML.in. Both
enparked for Mziami on small sailboats leaving frc-n the coast between Saint-4-arc

.nd zDvalierville. Both were imprisoned in 4iazrd. Phillipe had told the judge

in M. .i h thia he preferred to be shot on tile spot rather than be returned to

H-ici. The judge replied that he had nothing to fear because no one would

bn her him on his return to Haiti. Htowver, on arriving in Haiti, he was

take directly to Fort Dianx che. The s -e fate had befallen Jean. They both
told re that they had been brou&hc to Fort DiLanche long before I arrived there.

They had been badly mistreated, having been severely beaten with clubs. I was

also savagely beaten in Fort Diz-anche, and still suffer from these clubbings,

particularly on r:- right side. I can't run or stand up for very long without

having a severe pain in my right hip. I was also clubbed on the head, and the
e;iulctat large, hard lumps are still on the back of ry head.

5. From tire to time we obtained permission to briefly walk in a
courtyard in the prison. I was thus able to nmet several other prisoners accused

of all sorts of political crim-s. I also learned from Phillipe that he had heard
se.-eral guards speak about people returned from outside Haiti who had been in-

r-isoned in the Penitencier Iational.

6. Towards the middle of July, I was transferred into a solitary cell
that was a little bi.ger and much cleaner. The cell also had a straw mat to
sleep or. I was given permission to batha occasionally and to receive food that
7" nethe.r prepared for me. On July 27 the guard told re that I was very lucky

a:\l char 1 was going to be liberated. I was taken into the guards roon: -,here I

.i -,d -oonme p.Apers and rltey lec m leave. Several dayr-s after my liburaticn
''--e ~'; another wave of arrests and it was necessary for mr to hide in Carrcfour

(. :;uburh of Porc-au-Prince) while nrq mother tried to arrange secretly for ce

-o "eve c!th country. On Nover.ber 10 thanks to an official at the airport who
b.' been p2id two hundred dollars($200), I was able to get on a pl-ne for Contreal
'zhere I have d--anded political asylur..




_'-_ I



















frovember 21, 197"

Montreal, Quebuc, Canada









1, M-chael S. Hooper, hereby declare under penalty of perjury, that I am

flint in English and French, that I have prepared the fngllsh transla-

tion of the Affidavit of .. dated November 21, 1979, and that

to the best of my knowledge and belief this English translation is a

true and correct translactin of the French original.




Mi ael S. Hooper








AFFIDAVIT OF Appendix C-3


Province of Quebec, Canada)
City of Montreal ) ss.:


I, declare that:

1. I was born Port au Prince the Marrb 1951. And I

always lived there.

2. Thursday December 1978 I was strolling in the Rue

Magloire Amboise very close to the boutique Mount Fleuri. It was

10:39 in the evening. A Peugot drove right up to me, it was beige in

color, it screeched to a halt in front of me. There were two people

in the car. The driver told me "Get into the car." I asked "Why?"

The other man replied, "Get in, the Cassernes wants to talk to you."

I did just as he demanded and got into the car. Two other people then

suddenly got into the car. They both had a revolver at their side.

They had their hands on their revolvers. They took me to Fort Di-

manche after having handcuffed me.

3. The moment that I arrived at Fort Dimanche I was taken

into an office. The man behind the desk had a little mustache and a

very little beard. He was a very big muscular man. He asked me,

"You know why you are here?" I answered "No, I don't know why I'm

here." He insisted, "Yes you do know why you are here." They led me

to a cell. I had to walk a distance of approximately 30 to 35 steps.

There were already 20 people in the cell. They momentarily took off

my handcuffs so that I could remove all my clothes except my under-

pants. The handcuffs were put on again immediately. They blindfolded

me. They took my hand and led me somewhere else. I had to walk ap-

proximately the same distance as previously, but I wasn't able to see

anything. They started to beat me with a wooden club on my back and

on my chest. When I collapsed they began to kick me with their feet.

They beat me for approximately 2 hours. Then I lost consciousness.

When I regained consciousness I was again in the large cell that I was


1 -











first taken to. It was now night.

4. I can't give the exact size of the cell. But there

were 20 of us in the cell. Not everyone could sit on the bench that

was on one side of the cell. In order to rest we had to sit in a

fetal position (all bunched up) always with the handcuffs on. There

was only room for 6 or 8 people on the bench. We were not able to

touch the ceiling. There was no window in the cell. It was neces-

sary to ask the jailer (the guard) in order to get to the toilet.

They took us to a room in which there was a drum. We had to call

them when we had to urinate or defecate, and they were angered

every time we asked. To get to this room to relieve oneself it was

necessary to walk 15 feet. There was a light in this little room

that had the drum. There were 2 drums in this room. It was- always

very hot in the cell. There was a very fine grate above the door.

But it was too high to allow us to look out of it. We weren't able

to speak to the people in the other cells. The cell was full of

mosquitoes and other bugs that made us scratch constantly. Except

for the bench, there was nothing in the cell, nothing to sleep on,

or to rest on. Every afternoon around 2 or 3 o'clock they took us

to "bathe", five at a time. Sometimes they gave us a little

laundry soap to wash with. We took turns taking baths. In my cell

they gave us food after the bath. In the morning they gave us a

little piece of bread (pain de 25 centimes le quart d'un Gourdes)

and some very weak "coffee". It was very little. Sometimes they

gave us sugary water instead of coffee. Sometimes they gave us

only water. Around 2 or 3 o'clock they gave us cooked cornmeal.

It was very watery. Sometimes it wasn't cooked. Sometimes they

gave us rice instead. Normally this was on a Sunday, and sometimes

this had a little piece of meat in it. In the evening they gave

us a very watery chocolate and some bread.

5. During the time that I was in prison, between Decem-

ber 7, 1978 and March 5, 1979 they once took 2 people out of the
SI


- 2 -











cell. At a later time they came back and took 3 others. Everyone.

understood that they were being taken out of the cell to be shot,

since they had been taken at midnight. We feared that the same

thing would happen to us at any moment. We never received any

medicine in the prison. Nor did any doctor ever visit us.

6. When we were allowed to take a shower I was able

to have brief contact with people in other cells. In one cell were

people who had been returned from Miami. They were known as "les

gens de Miami". They were segregated from all other prisoners.

There were about 20 people in this cell,both men and women. It

seemed that they were originally from the Port-du-Paix area.

They were in prison before I arrived. They said that they had been

beaten at the Cassernes Dessalines. They were as thin as skele-

tons. They believed that they had been sent to Fort Dimanche to

die.

7. I still don't exactly know why I was arrested.

But I think that it was because of my brother who was arrested in

1977. They released him after 5 months. But he was returned to

prison after 4 months, during this same year. And we were never

to know what they did to him.



I hereby declare under penalty of
perjury that the foregoing statement
is true and correct.










I, Michael S. Hooper, hereby declare under penalty of perjury,
that I am fluent in English and French, that I have pre-
paredthe English translation of the Affidavit of
dated Nov. 21. 1979, and that to the best of my knowledge and
belief this English translation:is a true and correct trans-
lation of the French original.



Michael S. Hooper /










CERTIFICATE OF ACKNOWLEDGMENT OF EXECUTION OF AN INSTRUMENT


CANADA )
PROVINCE OF QUEBEC )
CITY OF I4MTREAL e.
CONSULATE NERAL OF THE
UNITED STATES OF ARNICA )
I, Gwendolyn Coronway Coneul of the

United States of America at Montreal, Province of Quebec, Canada,

duly commissioned and qualified, .o hereby certify that on this
21st day of November 1979, before me personally

appeared ,

to me personally kncwn, and kn-wn to me to be the individual

described in, whose name is subscribed to, and who executed

the annexed document, and being informed by me of the contents

of said instrument he duly acknowledged to me that he

executed the same freely and voluntarily for the uses and

purposes therein mentioned.

IN WITNESS WHEREOF I have hereunto

set my hand and official seal

This 21st day of November ,1979





B .an wu IAU. ..-..
Qw DsMiw esCw*.
f~n~s~answ* 0 *:












Appendix C-4
AFFIDAVIT OF PATRICK LEMOINE



STATE OF NEW YORK )
: SB.:
COUNTY OF NEW YORK )


I, PATRICK LEMOINE, declare that:


On December 19, 1971, my 26th birthday and my first

wedding anniversary, my wife and I were having a party for a

large group of friends. I suddenly realized that my close

friend Addy Seraphine was missing. The next day when I drove

to the airport to accept a shipment of electronic parts for

the factory that I was managing, I was told by a friend at

the Air France counter that Addy had been arrested. I immedi-

ately became very anxious for both Addy and for myself because

of our friendship. Only poor and underpriveledged Haitians are

arrested for ordinary criminal offenses, when an affluent

citizen is arrested it is inevitably for "political reasons".

The next day my fear became paranoia as I observed that a car

with official plates was following me wherever I went, I be-

came terrified when I was informed that Addy had been accused

of some unspecific plot to overthrow the Duvalier family and

had been taken to Fort Dimanche, the political prison from

which very few people are released alive. Everyone advised me

to think of Addy as dead. At 8:30 A.M. on December 29, I left

my house trying to think through the options that were open to

me. I drove only a short distance before I was waved down by

a man standing next to a car full of government officials. He

put a gun to my head and said that the police wanted to ask me

a few questions. I quickly agreed but asked that we catch up

to my wife, who had left home at the same time that I did in

our other car, to let her know that I was to be detained for a

short while. He agreed but told me if I acted suspiciously or

put my hands in my pocket, he would blow my brains all over the

road. We caught up to my wife to whom I waved goodby, I promised

that I would be hore soon and, incredibly, I believed it.












I was taken directly to the prison Cassernes Dessalines,

and put in the interrogation room of Lieutenant Julien. I

was made to stand up straight all day and into the night, some-

time around 10:00 P.M. I collapsed on the floor writhing in

paid. The soldier rushed over to me and threatened me with a

savage beating if I did not get up. Lieutenant Julien ran into

the room demanding to know the source of the commotion. When

I explained that I had collapsed in pain, and had not even

been told why I was detained, he responded by handcuffing me and

confiscating my possessions. For two weeks from December 29,

1971 to January 10, 1972 this ten inch wide bench swarming with

vermin was my home while I was being interrogated. In between

the interrogations in which I was accused of somehow "plotting

against the government"with Addy, I carefully studied the con-

tent of the small room. Along one wall was a pile of long

sticks and rawhide whips. I wondered which they would use on

me. Try as I might I could not shut out the screams of men

being beaten and tortured in adjoining rooms. I wondered what

they would do to me, would they use the widespread torture

technique of the "jack"? This method of inflicting enormous

paid involves forcing prisoners to squat, handcuffed, their

arms clutching their legs. A stick is shoved between the

arms and legs, and the prisoner is lifted and suspended in

mid-air, between two high desks for example. The torturers

then take turns beating the prisoner as he spins around like

a pin wheel. In my more optimistic moments I hoped that I

would be taken to Fort Dimanche and shot, far preferable to

the common deaths under torture, from slow starvation or disease,

or from the garrote. I kept asking myself, why had I been

detained, had someone denounced me, a common occurrence in a

country where turning in a friend is the ultimate test of loyalty

to the Duvalier government.

On January 3, 1972 I was ushered into the office of the

barracks commander, General Breton Claude. On the wall next













to his desk were snapshots of captured political prisoners who

had been captured by the regime. Many of the men in the pic-

tures were battered, mangled and bloody. I sensed that they

were put on view to inspire cooperation. An assistant to Gen.

Breton Claude asked all the questions, and when I denied all

the accusations since they were totally baseless, an inter-

rogation specialist began to strike me with his fist in the

head and about the ears. This pattern continued for over two

hours. On January 10, after undergoing a similar interrogation,

three soldiers took me across the yard of the Cassernes

Dessalines and down a steep-sloping underground hallway into

a long corridor containing numbered cells.

I was shoved into one cell measuring approximately 5

feet by 6 feet. I was stripped naked, my last personal pos-

session a gold chain around my neck was confiscated, and my

handcuffs were removed for the first time in 12 days and nights.

It finally hit me, I was in solitary confinement in one of the

infamous cachots of the Cassernes Dessalines. I would have

fallen apart if I had then known that this would be my home

for almost exactly two years. The furnishings of the cell

consisted of a filthy mattress and a one gallon can to be used

as a toilet. The day's rituals never varied over the two year

period.

At 6:00 A.M. the heavy steel doors to our solitary cells

were opened and we passed out the paint cans to be emptied,

for almost any reason the guard might refuse to empty a can,

forcing the prisoners to live with the obvious consequences of

an overflow. Each prisoner was given a small cup of water for

washing, and another cup of watery coffee and a small piece of

bread. Then nothing happened until the small noon meal which

was entirely predictable: on Monday, Wednesday, Friday and

Saturday cornmeal with a little red bean sauce and an occasional

sliver of meat; and on Tuesday and Thursday rice and beans.












Every Sunday we received a little rice with bean sauce and

two crossed pieces of macaroni. I did not have any trouble

keeping track of the days. When evening meals were served

they alternated with this schedule, for example, if the noon

meal on Friday was cornmeal, the dinner meal would be rice

and beans. We were allowed no possessions in our cells, and

were often completely nude in the cold cells. After two years

under these isolating and debilitating conditions, I was told

that I was to be released.

Instead, I was taken from my cell to an officer's room,

where I joined my friend Addy who I was overjoyed to see alive.

We were then put on a truck and taken directly to Fort Dimanche,

the most infamous of all the Duvalier prisons for political

prisoners, where the stench of death so oozed from its walls

that it was known as "les couloirs de la morte" (the corridors

of death). I was put in cell f with 12 skeletal figures who

appeared to be more dead than alive, I did not feel that I

was strong enough to survive the conditions of this hellhole.

How can I begin to describe the unbelievably inhumane

conditions of Fort Dimanche? Our only meals were miniscule

portions of half-raw rice that the prisoners who were strong

enough to stand fought like animals for. A small can of

filthy, brackish water was given to each cell and distributed

in the same way. Very bright lights were left on for every

minute of my three years in Fort Dimanche. Sometimes we

were given a little toilet water to last a month; at other

times we could do nothing else than use our fingers which we

then wiped on the wall. Every few weeks we were allowed 10

to 15 seconds under a feeble, freezing shower. Very occasionally

we were given a piece of laundry detergent for soap. After

"washing" we had to run past the putrid stench of the latrines

on wet, muddy cement coated with excrement and spit. Showers

were forced at 2:00 A.M. to maximize the exposure of prisoners










to the chilly early morning air. Many prisoners contracted

pneumonia as a result. Each cell was fed from the same set

of dishes in turn. Cell one was reserved for prisoners with

contagious diseases like tuberculosis. We were forced to

eat and drink from these infected bowls and cups if we were

to eat or drink at all. It is important to understand that

prisoners did not just die of bad conditions at Fort Dimanche,

rather persons were condemned to Fort Dimanche to slowly die

of starvation, disease or diarrhea. These unbelievable normal

conditions were greatly exacerbated by the arbitrary authority

that the guards exercised over our lives. For the most incon-

sequential reason, or for no reason at all, they might decide

not to empty our excrement can, resulting in our standing

in, and having our food pushed through excrement. We received

almost no medical attention at all and those prisoners that

had been severely beaten prior to their arrival at Fort

Dimanche did not survive for long in these horrible and un-

sanitary conditions. Sometimes badly diseased and dying

prisoners were encouraged by the guards to touch us or to mix

their food or water with ours. Of course, in the tremendously

overcrowded conditions in which we existed, we were regularly

forced to lie touching a fellow prisoner as he died. These

conditions were so physically and psychologically destructive

that it was very hard for us not to become animals concerned

only with our own survival. After a year in Fort Dimanche my

own physical condition illustrates the conditions under which

we were forced to "live". I had lost almost 100 lbs., now

weighing less than 90 lbs. I was so weak that I could barely

walk. My body was covered with sores and the itching never

ceased. Similarly, of the 12 prisoners in my cell when I

arrived, 11 had died and one was transferred to another prison.

I grew certain that I could not last much longer. Until the

end of 1976 almost everyone imprisoned in Fort Dimanche died












there. During 1976 the odds improved; 87 prisoners died,

41 were released, and more than a hundred prisoners remained.

Despite a minor improvement in conditions following the

American Presidential elections of 1976, my physical condition

was deteriorating rapidly. By February 1977 I was unable

to stand on my own, and was increasingly emaciated and sick.

Then on February 17, 1977 at 10:00 P.M. a truck entered the

prison grounds and an officer began calling out names. As

we left the prison grounds we were elated, but not because

we were sure of freedom. If the truck turned left toward the

ocean it meant that we were being taken to be executed, if

it turned right at the crossroads it meant that we were going

to downtown Port-au-Prince to be processed and released.

Either fact was better than the hell of Fort Dimanche.


I hereby declare under penalty of perjury that the

foregoing statement is true and correct.




Patrick Lemoine


Dated: February 15, 1979
New York, New York


I, MICHAEL S. HOOPER, hereby declare under penalty of

perjury, that I am fluent in English and French, that I have

prepared the English translation of the Affidavit of Patrick

Lemoine dated February 15, 1979, and that to the best of my

knowledge and belief this English translation is a true and

correct translation of the French original.




/ Michael S. Hooper









AFFIDAVIT OF CHATAIGNE DUMONT Appendix C-5


Before me, the undersigned authority, personally appeared CHATAIGNE
DUMONT, who being duly sworn, deposes and states as follows:


1. I am Chataigne Dumont. I am forty (40) years old. I was

born in Miragoune, in the south of Haiti, near Les Cayes. I lived

for a while in Petitionsville, but the last sixteen (16) years I

spent in my country were spent in Les Cayes, where I have my wife

and four children. My occupation was that of a salesman in the

marketplace of Les Cayes. I sold sugar, coffee, and other staples.

2. I was a member of the Ton-Ton Macoutes for six years, until

February 12, 1979, when I had to flee Les Cayes. Elections in Haiti

had been held all over Haiti, as well as in Les Cayes. The leading

candidate in the eyes of the people in Les Cayes was Hugue B. Verret,

who was the President of a football organization and also the President

of a jazz club, and was extremely popular in Les Cayes. On Monday

morning, February 12, the day after the election, the radio announced

that "Verret is leading", but late in the evening of Monday the radio

announced that Duvalier's choice, Willy Roland, had won the election.

The people were incensced that Verret had lost, and they went into

the streets, demonstrating and protesting.

3. Now, there was a Ton-Ton Macoute named Edner, who was a seller

of fish, and Clarel Emilcar, my wife's cousin, also was in the fish

business. On the day after the election Edner hit Clarel, and that

evening Edner told Ton-Ton Macoute headquarters in Les Cayes that

Clarel was the leader of the popular demonstration in the streets

which was going on because Verret had been announced as having lost

the election. I was there, and I ran to Clarel's house to tell him

what had been said about him at Macoute headquarters. A Macoute

saw me at Clarel's house and said that I was a betrayer. A good

friend of mine, Goliam Bataille, later told me that I had been seen

going to Clarel's house and that I had been reported to headquarters

myself for having warned Clarel of the danger he was in.

4. Goliam said they were going to get us and that we should flee,

and we went to my mother-in-law's house in Mo-incy, about ten (10) miles

from Les Cayes. Three days later we left for Port au-Prince, where we

hid with my wife's aunt. There we received word that my mother-in-law's

house ir Morancy had been burned down. We stayed in .hiding in Port au-

Prince u. business friend of my w .4 unt managed to get Clarel







and myself aboard a big tourist ship. We left Port au-Prince on

June 16, 1979, and we arrived in Miami on June 19, 1979. 1 have

twice written to my wife, whose name was Ernessia Laguerre, but I

have received no answer. My children are also still in Haiti.

5. The Ton-Ton Macoutes, of which I was a member for six years,

are the right hand of Jean-Claude Duvalier. Every 29th of July,

Jean-Claude Duvalier distributed money to the Ton-Ton Macoute commander

of the Voluntaire Securite Nationale (V.S.N.) to hold huge celebration

and parties for the Macoutes. The Voluntaire Securite Nationale is

the official name for the Macoutes. Such celebrations were two day

events, taking place on the 28th and 29th of July each year and in

every department in Haiti. Duvalier on the 29th would make a speech

heard all over Haiti, as July 29th was the anniversary of the formation
would
of the Macoutes. He/ say, "Without you (the Macoutes), I am nothing;

without me, you are nothing,"and Jean Claude Duvalier also said "I

"want men of action to join the Macoutes." During these cplebrati

the Macoutes partied and gathered in the streets. On the second day, i

the morning, all the Macoutes would go to church, and then once again

they would march down the streets. Only Maccutes could participate, an
put on by
they marched as one group. These are Macoute celebrations/ Duvalier.

6. The Macoutes exist to repress the people and to check on those

people who say bad things about the government. They have frev rein

to do whatever they want. One of the most common Macoute practices is

the extortion of money from shopkeepers. If they are not givrn what

they want, they can without any fear simply lie about the shopkeeper

to the Ton-Ton Macoute commander, saying that the shopkeeper has spoken

bad things about the government. The Commander then would put the

shopkeeper in prison, and maybe transfer him to Fort Dimanche,the very

prison in Port au-Prince. The Commander and Duvalier gave the orders

to the Macoutes that they could do whatever they want.

7. The worst example of Ton-Ton Macoute horrors is the incident

which caused me to join the Macoutes in the first place. The Macoutes

had cut off someone's head. I .was afraid of them, and so I joined.

8. One didn't get paid as a Macoute. In fact, I had to pay them

in order to join the Macoutes.

9. As a member of the Macoutes I heard of numerous and personally

witnessed many examples of Macoute terror. One such example was the

killing, on January 1, 1977, of Maxime St. Sansarique. They killedd him






3


simply because they had lost money to him in a game. I was there and

saw the killing. Wilfred Jean was-a Macoute who was present. Ova

Hilaire, another Macoute, killed St. Sansarique by shooting him three

or four times with a revolver. Two others, who were not Macoutes, were

there and witnessed the shooting. When the Ton-Ton Macoute Commander

in Les Cayes found out, he asked Ova why he had killed the man. Ova

said Maxine had spit on him. Ova wasn't punished at all for this.

This, in fact, is the common practice: if a Macoute does something

wrong like killing someone, some reprimand may be announced;

but even if it is, nothing ever happens to the Macoute. He is never

punished.

10. Once the Commander, in my presence, ordered a Macoute named

Machouloute to kill a gardener, who was the keeper of a cocoanut grove.

The master of the grove was not there at the time, and the commander

wanted the grove for himself, so he ordered the killing of the gardener

and gave the cocoanut grove to a Macoute to keep. This Macoute's name

is Samuel Lenay, and when I left Haiti, this Macoute still maintained

the cocoanut grove for the Macoute Commander.

11. Having been a Macoute for six years, I always heard about

various Macoute injustices such as the killings described above, and

I also personally witnessed many such injustices with my own eyes.

12. An excellent example of Macoute action as an instrument of...

Government oppression and repression of the Haitian people occurred on

the day after the election. On February 12, at 7:45 a.m., the government

radio station, Radio Nationale, announced the nationwide results except

for Les Cayes. Of our election they said that Verret was leading, but

that the counting wasn't finished yet. There were five candidates in

the election: Hugue B. Verret, Antony Milord, Willy Roland, Willy

Rameau, and Dieuveille Neptune. As I stated above, Roland was the.

government man, but Verret, who was President both of a football crgan-

ization and of a jazz club, was extremely popular with the people.

When the 7:45 announcement was made that Verret was leading, everybody,

students, workers, and the mass of people, thought that Verret was

actually going to win the election, and a great multitude of people

poured into the streets, demonstrating their affection for verret.
huge
13. The Macoute and police response to this/demonstration for the

opposition candidate was to start beating people.

14. I was in an official V.S.N. (or "-r-oute) car with the Commande:










of the Macoutes in Les Cayes, whose name is Gerard Valet, and with

Colonel Greqoire Fiqaro of the Macoutes. On the side of the car w-re

the initials, largely written, "V.S.N.", and we were all in our Macoute

uniforms. Figaro sent one V.S.N. and one soldierof the Military to each

school, where students were demonstrating in front of the schools.

Figaro ordered the Macoute and Military men to beat the students into

silence, and to write the initials "V.S.N." on the school walls.

I saw the Macoutes beating the people in the streets.



15. Yes, people who are deported back to Haiti from the United

States are picked up by the Macoutes and put in jail. I myself, as a

Macoute, put a man deported back from overseas into jail.

These were our standing orders. It was in October, 1978. Sylvain Matin

came back from Nassau, and I put him in jail when I saw him back in

Les Cayes. He was immediately sent to Fort Dimanche, which is where

all richer or political prisoners are sent, and from which one rarely

hears of the man again. Certainly no one heard of Sylvain again up

until June 16, 1979, the day that I left Haiti. Matin's house was near

mine, and although his father, wife, and two small sons all liv,'d :n

his house, Matin never returned to that house from October, 1979 u:.:ii

June 16, 1979, and I don't think he'll ever get out of prison, if it.

fact he still is alive.

16. Another instance of the standing order to pick up people

returned from overseas involved Yves-Herna Landiche, who was

deported from the United States last year. When he arrived in Port

au-Prince from the U.S., the Macoutes put him in Casaine Dessaline,

a penitentiary. They released him from there and he went back home

to Les Cayes, where they jailed him again, this time putting him in

the Grand Cartier General, another prison. I know this because

I was a Macoute and all of the Macoutes talked with one another about

things which were happening. All of the Macoutes in Les Cayes were

discussing the jailing of Yve-Herna Landiche, and that's how I heard

about it.

17. Jean-Claude Duvalier gave orders, publicly, that people who

are returned to Haiti should not and would not be arrested nor beaten

up, and that they would be allowed without problems of any srrt to

return to their homes, -ever they happened to li in Haiti before







they fled. But he said this only in public; he simultaneously *ave

orders, in secret, to the Military and to the Macoutes, th.it re. t ii,.

deportees from the United States and other countries should always be

arrested. I know this because J.C. Duvalier gave the Macoute Comi.mander

in Les Cayes, Gerard Valet, the military orders to secretly put all

such people in prison. Valet, of course, passed the order down to

us Macoutes. That's why I arrested Sylvain Matin--there was a standing

order to arrest him and all others like him.

18. Duvalier's secret order to arrest everyone deported back

to Haiti was first given in 1976. Gatherings of all Macoutes wer"

held by every Macoute Commander in every department of Haiti, and all

Macoutes attended these gatherings. The Commander said in Les Cayes

that President Duvalier had passed an order that anybody who wont to

the United States illegally and returned should be put in jail. This

order was still the unquestioned rule when I left Haiti, and the order

was never taken back. Our order to imprison returnees was a secret,

military or Macoute order from Duvalier; it was never announc-ed public

of course.

19. There was not much discussion of the order among the Macoutes

themselves. This was because every Macoute is afraid of every other

Macoute, and because no one knows what the other Macoute will or may

say abuet you to the other Macoutes or to the Commander. A M.coute

keeps his private thoughts on such matters to himself.

20. But the Macoutes did talk of the people who had returned

after illegally leaving Haiti who had then been put in prison. I heard

about such imprisonments in discussions among Macoutes

which, because I was a Macoute, I often heard or participated in. One

large qroup of deportees imprisoned upon their return I heard nboMut from

two different sources. This was in December of 1978, while I was in

Port au-Prince. I was shopping, and some people from Mole St.

Nicholas said: "Have you heard what happened in Mole St. Nichol i?"

They then said that the Macoutes in Mole St. Nicholas had rounded up

a lot of returnees and had put them in jail, and then had sent them all

to Fort Dimanche. The order to send all returnees to Fort Dimanche was

personally ordered by J.C. Duvalier in his 1976 orders to secretly arres

them.

21. When I returned to Les Cayes, the other Macoutes in I.,'-; C.,-ys

told me the same story of what had happened in Mole St. Nichol s to the

reL l s: that they had been in --ned and sent to Fort Diman-he.









22. Everyone who leaves Haiti illegally and tl *n r'-turr.s from the

United States is put in jail. That order is still standing and has

never been revoked. I am quite sure that every deported Hlaitian

who is returned to Haiti is put in jail, and that most if not all of

them are sent to the notorious Fort Dimanche,from which one rarely

hears of a release unless it is of someone who dies shortly after

his release from the hunger and beatings suffered there.



23. Once the chief commander of the Macoutes for all of IHaiti

attenc!'d the church services of Mr. Luc Desir, a Christian rn"mirr of

tho cicroy. Mr. Luc Desir said in his sermon that he respected only

one name, that of God. The chief Macoute, who had his headquarters

in the Palace in which Duvalier dwells, thought that this constituted

treason against Duvalier, in that it implied that Mr. Luc Desir did

not respect the name of Duvalier. He brought Mr. Luc Desir before

Duvjlier. This indicates the characteristic of thc- Ml.cutes

as the Government's instrument of control and repression.

24. I know of incidents of suppression of freedom: of the

press and of speech. There was a churchman named Luc Neray who 1.reache<

in church, spoke on the radio, and also published a newspaper called

Hebdo Jeune Press. Once he wrote in his newspaper that the Mac- utes

exist to protect people, not to kill them. People came to the church

to hear him speak. One Tuesday night as he came from church, tuo

Ton-Ton Macoutes ran into his car with their car. Luc Neray tried to

exchan.:o license numbers with them, but they responded with, "What do

you think you are doing," and commenced beating him. Thry beat him so

severely that he entered the hospital in a coma and remained there for

five months. Only after he left the hospital did he slowly boon to

regain the use of his speech. This all happened in 1978.

24. Neray's son, a medical doctor, continued the news..;per for

about one week after the beating of his father. In one of those irsues

the paper carried the story of the beating of Luc Neray. Thrre can be.

no doubt that the severe beating of Neray was intended to put him ..nd

his newspaper, radio, and popular sermons out of business, and the ".ico

succeeded very well in doing this.

25. Jean Dominique used to speak on the radio station Haiti Inter











one oul Lhu two commercial radio stations in Port au-Prince. lie u*.tl

to spe k up against the Government. In December, 1978, the Govcrnm,'nt

told lomiDnique that he could no longer talk on the radio. Pernl.. had

referred to Jean Dominique as "the one hope."

26. After Dominique was forced to discontinue his broadcasts,

reporter Macus of Radio Metropol, the other commercial radio station,

was similarly suppressed. Macus used to say that he said nothing against

the Government, but that "I want to tell you the truth," and in reality

he spoke as an independent critic of the Government.

27. One day during the Carnival in Port au-Prince, people from

Radio Nationale, the official Government radio, were in the streets

covering the Carnival and it was alleged by one of them that :.acus

had stolen his walkie-talkie. The police, Macoutes, and the S.D. (Servi

Detache, a special para-military unit) converged on the Pa.lio Meotr.pol

offices and said: "Macus can't speak anymore because he doe.s.su.-h thinc

against the Government." Now Macus speaks again, but not as in,',',-1ndent

as he used to; his whole style has changed, and although h.. sii. :-n the

day the police converged on the office that they would not to a.i-- to

stop him because his job was to report, the Government neverth.l,*.::* has

in fact been successful in muting his messages through their thr-.ics

against.him. i



28. Macoute headquarters in Les Cayes were told by Duvalier some

time before the election of February 11, 1979 the names of the three

government candidates and the Macoutes were ordered by Duvalier to suppc

and protect them. There were three elections, one for each elec-'' ii

"degree" or position. Roland, the government candidate, and Verret

were running for deputy; the other two elections were for the post of

under-deputy. Duvalier in his order did not specify how to help the

three government choices, leaving the specifics up to the Macoutes, but

the order was that they must be supported.

29. After receiving this order from Duvalier, the Commin.-Irr of the

Macoutes called a meeting of the Macoutes and said that we routesutes)

were to protect Roland and the other two government choices br-ause the)

were going to win. We were specifically ordered that if anyone should

try to give those government candidates a hard time, we Macoutes should

beat those persons up.








30. Thus we were ordered to go to Roland at one point whir. hi!:

opponents' supporters miqht have been a problem to him. We wric.- "r-.'red

to protect Roland, and we did so by arresting several people. Suc'h a

thing was never done for, nor would it ever have been done for, any r.f

the non-government candidates. The Macoutes had orders to support only

the government candidates.

31. Three days before the date of the election, the results of

the election arrived in Les Cayes from Duvalier. Colonel Gregoire

Figaro received from Duvalier a piece of paper with the names of the

various candidates on it and with the number of votes supposedly

received by each candidate to the right side of the name of th"

candidate. At the bottom of the piece of paper Colonel Gruir',

had the task of obtaining the signatures of the chief local judge,

of himself as military commander, and of the prefect for Les Cayes.

There were no secrets between the military and the Macoutes. We

knew everything about this rigging of the election because Colonel

Fjuarc. went to the Commander and the Commander called a meetinti of

the Macoutes. We knew who was going to win the election because

the Commander told us three days before the election of the

government order that Roland and the other two were going to win.

32. I saw Colonel Figaro and the rigged election document with

the names and numbers of votes cast for each candidate at the courthouse

at three (3) p.m. on Sunday, the day of the election. The Colonel had

come to the courthouse to get the Judge's signature at the bottom of

the paper, as authorization of the validity of the vote. The Judge

wasn't there at the time.

33. This episode with Colonel Figaro at the courthouse" with the

document containing the election results for the Judge to si':n occurred

perhaps 45 minutes to one hour after the Colonel had himself picko d up

the ballot boxes for District 1 and had sent sargeants to p.ck up the

ballot boxes for the other two elections in the other districts. It

would have been absolutely impossible for the votes to have been counted

and for Colonel Figaro to have known the results in that short period

of time. Thus when Colonel Figaro was at the courthouse looking: for

the Judge in order to obtain his signature authorizing the results,

the results on the document were simply the rigged results sent from

Duvalier. There was never a question about this: that document .-.ime

from Duvalier in au-Prince. In fact, altt -ugh I saw the paper.










thl" Colunerl always wan very car.iful to keep the top half uf it foldtd

over. It was that top half which contained the names of thte candidates

and the numbers of votes supposedly cast for each. Colonel Figaro was

not very secretive about going to the Judge like this: all ,if us

M.-in>to, know that the election results were rigged at th.**-*In,.u

instruction, carried out by the Colonel and by us, of DuvaJier.

14. It was only at eleven (11) p.m. that Colonel Fjqi ro finally

went to Radio Diffusion Cayienne so that the results could be announced

over the radio, and then both Radio Diffusion Cayienne and Radio Haiti

announced that Roland and the other government choices had won. Un-

doubtedly, Colonel Figaro delayed partly because of the outrage which

the people were expected to display when they heard that Vcerret, the

choice of the overwhelming majority of voters, had been beaten b"

Roland. Everyone was allowed to vote without hindrance; but it was rig

35. In fact, on Monday morning, when people were clamoring for

Verret in the streets, Colonel Figaro went to Verret's house and

told him that he had to keep his people quiet. Colonel Figare tt k

Verret to Radio Diffusion Cayienne and said he should speak ovc.r

the radio to his people and order them to keep it quiet. Verret,

on the radio, said, "I don't want you good people to get in trru:vle:

so k-e-p quiet and don't make trouble; it won't do any good."



36. When people are arrested by the Ton-Ton Macoutes, they never

go before a Judge. I personally saw hundreds if not thousands of people

arrested and thrown in jail at headquarters without ever appearing befo

a judc;e. I had occasion to actually see such arrestees going straight *

jail while. I was serving at Macoute headquarters.

37. Occasionallythe Judge attempted to serve, by messenger, a not.

to appear on one or another Macoute. The common practice on oui: part

was simply to rip the notice up. Once the Judge sent me such an --ler.

I ripped it up and told the messenger, "Tell the judge, the only `.dqe
exact
I know is Jean-Claude Duvalier." Other Macoutes did the/same their .

I know this because I saw it. I had occasion to see it beca-;:e ev.'-y

Wednesday every Macoutc went to headquarters for communic .tions anr: ordf
also
and sometimes I was/calle'd to headquarters when there waI it lot ,: ,trk

that needed to be done thore. Our actions in ignoring the n,,tic. ,,: tht

Judge was per the clear instructions of the Commander, who always t ,!' ,

Don't lot anyone lead yot -"pt Jean-Claude Duvalier."




10




38. One day I saw a man arrested; he was beaten by the qu.:rd

at the main entrance to our headquarters. Blood was gushing from the

man's head and face, and the guard said, "You'll make the floor dirty,"

and he ordered the man to drink his own blood. The man picked up blood

from the floor and with cupped hands, and with sweeping motions, sw.pt

the blood on his face which was about to fall onto the floor intc his

nmouth and drank it.

39. Conditions in jail at Macoute headquarters were horrible.

There are two types of prisoners. The first group is allowed to receive

food from parents and family. The second group, which consists of the

political prisoners and the people with money which the M.acoutes have

stolen, are not allowed to receive any food from family. The first grot

also received ground up corn, if there was any, at 11:30 a.m. They

got a bowl of. it; the political prisoners got absolutely nothin-i t. eat

Those prisoners who did not die when they were beaten, and some -,f them

did die because of a beating, sometimes died of hunger in the c,' is.

After a few days they began looking like skeletons. Those of ti.'- ,-conc

group who did not die in jail were sent to Port au-Prince, to Fort

Dimanche. They were killed. As a Macoute, we knew this, becar-use 'hey

were never heard from again.

40. When I served at headquarters, I often cot the !c- fri:; the

t.imniliv,; of the non-political prisoners and delivered it to u1.h:.

prisoners. The people who brought the food always had to' t to it .o!

we could accept it from them; we had to see that it wasn't Voiso'nd.

It was better to be dead than in that jail, and we were afraid thit

the families had poisoned the food intended for their relatives.

41. The actual cell was only ten (10) by twelve (12), and *..-.*n it

was full they would move prisoners to the bigger jail in Les Cayes. On

the average, about seventeen (17) people fit in that cell. Tht bitiner

prison was the Grand Cartier General, Department des Sud.

42. There was no sanitation in that cell. For all of th, ;*.-oner

there was only one can for urination and bowel movements. It was a

thirteen (13) gallon container. Nor were there any medications, doctors

or anything like that in the prison.

43. Those with some money could bribe themselves out of jail. One

hundred to three hundred dollars (5100-300) could qet you out. Of courS

the majority hadn't any such funds.





. i 1



44. The conditions I saw while I was serving as a Macouto for

:::.: :',.;-, ending in February of 1979, had not varied from those : I

saw in 1964, during the reign of Papa Doc Duvalier, at the Penitentier

National in Port au-Prince, when I was there visiting a prisoner. I

saw the same conditions-there as exist today in Los Cayes. One thin

that is still very common today is that people who have been in jai!

die shortly after their release from jail. They are so weak from the?

beatings and starvation there that they often do not survive and' simply
i
die a few days later. I heard about this happening all .the irpe.

45. The only one. to decide what happened to a prisoner was the

Commander. Unless you managed to bribe your way out, the Commander

of the Macoutes was the one who decided whether you went free, or, if

not, to which jail you would be sent. No judge ever had anything to

say or do about it. The decision was that of the Macoutes; there is

no judiciary in Haiti. ,









CHATAIG:E DU.ONT






J'i,"n 7" /hivz, ,S4J> c,,t'r/ B3f/'fe A/ *-





a.'.-. PA ;. .,
of' C ;.,.' ;.. .s. C
^&14J 9, a 0, .. .A 4








Appendix C-6
AFFIDAVIT OF MERILIEN MEZIUS



Washington )
District of Columbia ) ss.:



I, MERILIEN MEZIUS, declare that:

1. I was born in Port-de-Paix, Haiti on June 9, 1950

and always lived there. I went to school in Port-de-Paix until

I was sixteen(16) years old.

2. In 1957 my father and mother, who were not political

people, voted for Dejoie for President. In 1964 a truck full

of Macoutes came to our house and took away my father without

giving a reason, and despite the begging of my mother. Although

crying, my mother went to the local cassernes to try and find out

why they had picked up my father without explanation and what the

Macoutes had done with him. She was told that he was taken directly

to Port-au-Prince. She followed him there and was told to speak

to a certain Willy, who immediately screamed at her to get out of

his sight. Nobody ever heard from my father again, we don't know

if he was killed immediately or if he died in jail. Soon after

she returned from Port-au-Prince my mother fell gravely ill. She

was eventually admitted to the hospital but was not given any

medication. She soon died in the hospital and my aunt was told

that the Doctor had received a letter from Port-au-Prince order-

ing them not to take care of my mother.

3. Two months after this death of my mother in 1965, I

was attending a school party at the Baptist School that I was en-

rolled at. All the children kept asking me why I wasn't getting

any presents from my mother and father. I became very upset and

blurted out: "I am going to take my revolver and go to Port-au-

Prince to shoot Duvalier for what he did to my parents. Several

of my friends told their fathers who were Macoutes of this outburst.

I was fifteen(15) at the time. Three days later three(3) Macoutes

came to my house to pick me up, my aunt spoke to them and told

them that I was not there. They promised to come back. I hid

for five days on a banana and sugar plantation and went down to









Port-de-Paix on the night of the sixth day. I noticed a boat

ready to depart for the Bahamas and I crept on board. The people

who saw me get off the boat when we reached the Bahamas told me

that I was lucky not to have already been killed in Haiti.
4. I remained in the Bahamas for eleven years without
incident. In 1977 I received news from my aunt that she was

to be operated on and needed me to assist her financially. After

several conversations with the Haitian Consul Alexandre Paul I

received a visa to return to Haiti. I explained my situation to

him in detail and he re-assurred me that the government of Jean-

Claude was completely different from that of Francois Duvalier,
and that I would face absolutely no complications if I returned

to Haiti.

5. I flew back to Haiti on Monday February 18, 1977 and
was immediately arrested at the airport. They immediately confie-

cated the $1,700 that I had in my wallet for my mothers operation,
as well as yr radio system, suitcase and all clothes. They took
me directly to Cassernes Dessalines for interrogation. I kept
asking them why was I being arrested what had I done.. Finally,

someone at Cassernes Dessalines said that I was being questioned
because I was political. I said that I was not interested in

politics and had never been engaged in politics in Haiti or in

the Bahamas. They said that I was political because my father
had supported Dejoie many years before, and they added that God

had sent me to them so that justice could be done. They then took
me to a prison on the outskirts of Port-au-Prince that I recognized

as Fort Dimanche at about 6:00OOP after beating me.
6. At Fort Dimanche they beat me twice daily on a regular

basis, every morning and evening. Every day it was a different
guard that would beat me until I lost consciousness. They would
constantly scream at me that you are a political enemy of Duvalier

because your father was a supporter of Dejoie. For six days
the beatings were the same, they would come in the cell and

punch and kick me all over,and hit me with a club. They often hit

my head against the side of the cell. By the second day I was









bleeding from all over my face and head, and was bruised over most
of my body. I lost six teeth as a result of these beatings and

began to lose consciousness more and more frequently. During this

six days of beatings I was alone in a cell that measured about
three(3) feet in width and three and one half (3i) feet in length.

It was impossible to lie down in this cell. Not once was I given

any food or water during these six(6) days.

7. Day and night I could hear the screaming of other
prisoners who were being beaten. On Thursday morning just before

they entered our cells to beat us, I heard one of the guards say

to the other, "Some of the people here are from Miami, and one

is from the Bahamas. They're political, they're against Duvalier

and we have to kill them". The next day, Friday, when the guard

came in to beat me as usual, he beat me very hard for a while and
then stopped. He said that he would like to beat me even harder

but he had a meeting that he had to attend. He added that it
didn't matter anyway, because on Monday or Tuesday I would be

killed in any case.

8. On Saturday morning I was praying very loudly when the
guard entered to beat me. I was asking God: "are these the condi-

tions that you want me to die under?" The guard was a Macoute

and he asked me if I had converted to the Baptist church. Then
I replied yes, he said that he also had converted and he wanted

to know what I was doing in jail. 11hen I explained that I had
returned from the Bahamas in order to help my Aunt who needed an
operation, he asked me if I had any money. I told him that I had

a fifty dollar bill in my shorts and he promised to try to help

me if I gave it to him. Around midnight that night the Macoute
returned and opened the cell door, but I was beaten so badly
that I couldn't walk. He had to drag me to a car which took me
to the airport. Around 1:00pm on Sunday he put me on a flight
to the Bahamas, I prayed furiously that the plane would leave.
Finally, the plane did take off and the pilot handed me my

passort, the visa was signed Francois Duvalier.









9. On returning to the Bahamas I was in hospital for

approximately three(3) months attempting to recover from the

injuries that I received while being beaten. My ribs were perma-

nently damaged, my forehead and back of my head were so swollen

that the Doctors had to operate to remove excessive blood and

pressure.

10. Upon leaving the hospital I went with Minister

Brcwn to visit the Haitian Counsul Alexandre Paul who had promised

that nothing would happen to me if I returned to Haiti to help

my Aunt. He screamed at Minister Brown to get out of his sight

and denied that the-things that happened to me could happen in

Haiti. When I replied that they certainly did happen in Haiti,

he screamed that if I caused any more trouble he would get me

sent right back to Haiti. Minister Brown advised me that it

might be possible for the Haitian Counsul to cause me real trouble

in the Bahamas or even to get me sent back to Haiti. I knew

that if I ever went to Haiti again they would beat me to death

this time. Minister Brown took me to the American Counsul in

the Bahamas who gave me an American Visa that allowed me to come

to Miami where I would be safer.







I hereby declare under penalty of perjury that
the foregoing statement is true and correct.


May 13, 1980 C/a /C
Merilien Mezius


I, Vivien Boulos, hereby declare under penalty of
perjury, that I am fluent InCreole and English, that
I have prepared the English translation of the Affidavit
of Merilien Mezius dated May 13, 1980, and that to the
best of my knowledge and belief this English transla-
tion is a true and correct translation of the Creole
original







WHY HAITIAN REFUGEES FIEE HAITI: Appendix C-7
FIFTEEN TYPICAL STORIES OF PERSECUTICN


I, Steven Forester, hereby declare as follows:

1. My name is Steven Forester. An attorney with the National
Council of Churches, I work full time for the Haitian Refugee Center
in Miami, Florida, representing, with one other attorney, more than
twelve hundred (1200) Haitians seeking political asylum in the
United States.
2. My main responsibility is to interview Haitians as to -.h/hv
they left Haiti. Did they come "for jobs?" Or did they flee fcr
their lives? These interviews, replete with cross-examination, take
a minimum of four (4) to five (5) hours.
3. It became clear to me after perhaps my twentieth (20th)
such interview that the vast majority cf the approximately eleven
thousand (11,000) Haitian Refucees who have come to South Florida
from Haiti since 1972 fled Haiti to save themselves from imminent
arrest, imprisonment, and even death. Their stories of persecution,
often quite horrible, are lengthy, detailed, and very specific. They
are convincing. Haiti is and has always been a poor country. But
the idea that the majority of Haitian Refugees seeking asylum in this
country came here "to look for work" appears to be a fundamental mis-
conception. Indeed, a significant portion of the Refugees, in fleeing
for their lives, actually were forced to abandon excellent professions,
jobs, land, personal property, and uncollected debts. Almost all
were forced to abandon.family members.
4. The following paragraphs summarize fifteen ;15) typical
Haitian Refugee stories of forced flight. They are not exceptional
stories. Most have been made the subject of a more detailed, four (4j
to twelve (12) legal-size page affidavit.
5. JEAN LIENA SURP.RIS age 23 A21 141 016. Cousin killed
by Ton Ton Macoutes in 1973. Brother, arrested at night by Macoutes,
executed in Fort Dimanche political prison in 1976 for "talking bad
about the Government." Fearing arrest, Surpris fled with others to
Guantanamo Bay in August, 1977, where he spoke against the Duvalier
Government to a Haitian official who had come to assure them that
nothing would happen to them upon their return to Haiti. After twenty-
seven (27) days at Guantanamo, Surpris and others were deported back
to Haiti on an airplane with American soldiers. In September, 1977,
a few weeks after his return home, military officers came to his
house to arrest him. Surpris was not home. The officers returned
a few weeks later, in October, 1977. His father bribed them, and
Surpris went into hiding--for eight (8) months, from Octcber, 1977
until June, 1978--in different locations in the countryside outside
Anse D'hainault, his hometown. Able to communicate with his family
only once during this period, Surpris then fled to the United States.
6. ANATOLE BEAWVOIR age 50. A21 131 675. Carpenter and joiner
in St. Louis du Nord beginning in 1945, when took over father's business.








Affidavit of Steven Forester, page two:

Built houses, furniture. Earned from $500 to $4,000 per month.
Invested profits in business and four pieces of land. Owned
much livestock. Employed three (3) men in his business and one (1)
to four (4) persons on his land. Sold large quantities of produce
wholesale. Owned two houses. Loaned money to friends. Jailed
under Francois Duvalier for anti-Duvalier sentiments. In 1977,
complained to employee that, although paid, employee had not done
his work. Employee, who happened to be a Macoute, went to Macoute
headquarters and returned in uniform with two (2) other Macoutes.
As they approached, Beauvoir, threatened with arrest or significant
abuse, stood on the threshold of his shop with a machete and warned
them not to come any closer. The Macoutes retreated but immediately
returned with approximately fifteen (15) other Macoutes. Forewarned
by a friend, Beauvoir immediately fled to the countryside, where
his wife visited him four (4) days later. She told him that the
Macoutes had sought him for arrest, searched the house, and abused
her. Beauvoir travelled to Cap Haitien, where he paid boat passage
and came to the United States. Forced to abandon wife, mother,
daughter, and all real and personal property, including accounts
receivable. When told to marry an American woman so as to gain
citizenship, he replies, with tears in his eyes, "My wife is a good
woman."
7. XJANTHENOR ST. TONY age 24 A23 590 765. Father and
cousin previously imprisoned and beaten. St. Tony was a student
in Port au-Prince in Fall, 1977. Father, a prosperous landowner
and businessman, paid his tuition and expenses. St. Tony sold
Hebdo Jeune Press, an independent newspaper, to classmates. In
December, 1977, after an article critical of Macoute excesses,
Macoutes attacked and severely injured Pastor Luc Nertg, the pub-
lisher and editor of the newspaper, closed down the newspaper, and
sought to arrest all newspaper employees. St. Tony fled from
Port au-Prince that same night to his father's house in Port de
Paix, where he hid for eleven (11) months, never leaving the house
during daylight hours and rarely at night. Received regular letters
and visits from friends in Port au-Prince who warned him that the
Maccutes were still looking for all Hebdo Jeune Press employees and
that it would not be safe for him to leave hiding. Father finally
managed to arrange passage for St. Tony on boat to U.S. Received
letter from friend in late 1979 warning him not to return to Haiti
because his association with Hebdo Jeune Press would result in his
immediate arrest and imprisonment.
B. HOLTANZ JCSF?H age 23. A21 137 305. Severely whipped
and beaten by Macoute in July, 1971, when thrice refused his sexual
advances. Retains scars from this whipping on right shoulder, back,
left thigh, and buttocks. Because this Macoute threatened to kill
her, she left Port au-Prince for Jacmel, on southern coast of Haiti.
Father was arrested there by Macoutes in 1972 and was never heard
from again. Mother was subsequently arrested and escaped execution
only through intercession of influential friend and payment of bribe.








Affidavit of Steven Forester, continued:

Holtane, having "had enough," fled Haiti to Bahamas soon after
near execution of her mother. Fled to U.S. from Bahamas in 1978
because Bahamian officials were deporting all illegal Haitians
back to Haiti and, like others, was afraid "to death" of returning
to Haiti. Mother may have been afraid to communicate by mail for
fear of reprisals.
9. THEODORE AINE age 54 A21 131 810. Was shopkeeper in
Port au-Prince. Was not involved in politics. In December, 1966,
five (5) Macoutes and two (2) policemen broke into his house,
arrested his brother on false charges of being a "Communist," and
sought Mr. Aine himself. Macoutes returned twice looking for Mr.
Aine, once that same night. Aine fled to and hid in Port de Paix
until, no longer able to hide, he fled to the Bahamas in February,
1968. Aine came to the U.S. in 1972, fearing deportation from
the Bahamas back to Haiti.
10. JULIE AVRIL age 56 A21 127 373. Prosperous Port au-
Prince wholesaler for six (6) years before forced to flee, earning
$300.00 per month, saving $100.00 per month. Paid for education
of children and for construction of house in fashionable "Soudalle"
area of Port au-Prince. Often gave food to poor. Forced to sell
to Macoutes "on credit." In 1973, two (2) Macoutes owed her $235.00
and $300.00 respectively but refused repeated requests for payment.
Ms. Avril complained to her son, who was in the military. He spoke
to his military superior. When the two (2) Macoutes learned of
these complaints, they planned with two (2) other Macoutes to kill
her. One of these two (2) other Macoutes warned her son--who was
protected by his position in the military--of their plans, and
Ms. Avril fled from Port au-Prince to Port de Paix in March, 1973.
She hid there for three (3) months, until June, 1973, when she
managed to flee Haiti by boat. In 1976, her brother was murdered
by Macoutes. One son, Edouard, was imprisoned from January, 1977
until February, 1979 in political prison Caserne Dessalines. Two
(2) other sons are hiding in a small town in Haiti; their letters
indicate that their situation is precarious.
11. AMARANTHE MESADIEU age 36 A21 135 624. Uncle killed
by Macoutes in 1960 for "talking bad about the Government." Father
arrested shortly thereafter and never heard from again. Ms. Mesadieu
saw close friend beaten to death by Macoutes in'1973. Mesadieu herself
arrested three (3) times from May, 1972 to September, 1973, for refusing
to participate in staged Government demonstrations. Twice obtained
release through influential local friends; third time, after departure
of friends, through bribery. Uncertain of her family's ability to
pay a bribe sufficient to obtain her release should she be imprisoned
a fourth time, but still adamantly unwilling to participate in staged
Government demonstrations, Ms. Mesadieu fled to the Bahamas shortly
before the demonstration of May 22, 1974, to avoid such arrest.
Mother harassed shortly after and because of Ms. Mesadieu's flight,
and forced to go into hiding. Fled to U.S. in 1978 because Bahamian








Affidavit of Steven Forester, page four: 4

officials were deporting all illegal Haitians back to Haiti.
12. ARNCLD HOMIDACE age 29 A21 137 589. Worked as a tailor
in Port Margot, Haiti. Favored anti-Duvalier candidate Franck Romain
in February, 1973 local election for deputy. Participated in Romain
rallies and marches, with hundreds of others. Many persons, including
Homidace, had put up Romain's picture and written his name on the
walls of their houses. During the campaign, a local Duvalier official,
accompanied by a Macoute, walked from house to house, tearing down
the pictures of Romain which people had put up and painting over his
name. Mr. Homidace was outside his house, watching what they were
doing and angered by it. When they tore down the picture and painted
over the name of Romain on his own house, Mr. Homidace was so upset
that he blurted out, "I don't like Haiti because there is no justice
here!" The Macoute started chasing him, and Mr. Homidace ran for
his life. After "losing" the Macoute, he continued to a relative's
farm in the countryside, where he stayed, effectively in hiding, for
more than two (2) years before obtaining sufficient money with which
to flee the country. While in hiding, he received word from his
family, on several occasions that the Macoutes had come looking for
him twice in the first month and every few months thereafter, and
that he would be arrested if he came out of hiding.
13. EDOUARD JEAN LOUIS A23 590 092. Military clerk in Port
au-Prince from 1970 to 1974. Saw military documents ordering the
arrest and imprisonment of all persons deported back to Haiti from
the United States and ordering the execution of a group of persons
deported from the United States to Haiti. Jean Louis was purged
when his superior fell from power in 1974. He hid for more than
two (2) years in Port au-Prince. He was caught and spent from
January, 1977 to February, 1979 in political prison Caserne Dessalines,
where he saw numerous persons whose only crime was to have been de-
ported from the United States and other countries. Jean Louis saw
"selections" of persons being taken to be executed, the area of
the prison--called "Nirvana"--where persons were held just prior
to being transported to be executed, etc. Escaped to Dominican
Republic in February, 1979, from which came to U.S. Son of Julie Avril.
14. ANNTA PHILORD age 36 A21 154 811. Taught eight (8) years
in secondary school in Jean Rabel, Haiti, after completing ten (10)
years of education, including three (3) years of graduate studies.
Financially very "well off." Father, a wealthy man, owned six (6)
large pieces of land. Mother was a businesswoman in Port au-Prince
and Jean Rabel. Father had given Ms. Philord a parcel of land and
animals. Ms. Philord later bought another piece of land, with the
intention of building a house on it. She leased her land to a family
and shared the profits from its cultivation with them. Cousin had
been severely beaten in separate incident. Ms. Philord was forced
to flee when sought for arrest. Her school had been under suspicion
for "free thinking" because teachers had organized day trips, dis-
cussions, etc. To try to keep school staff in line, teachers had
been forced to join the Macoutes. In 1970, six (6) military officers







Affidavit of Steven Forester, page five:

drove up to the school in a Jeep filled with three ;3) prominent
citizens who had just been arrested. They then arrested the director
of the school, and said that they would return to arrest the rest
of the staff, having no more room in the Jeep. Ms. Philord fled
and hid 'for fifteen (15) days in Gros Sable, four (4) hours from
Jean Rabel, with five (5) other teachers from the school, before
her father arranged a rendezvous with a boat and their escape.
15. FRITZ PIERRE LOUIS age 29 A21 137 624. Father, forced
by Macoutes to do construction work without pay, was severely beaten
by them when sick and unable to work, requiring surgery and extensive
hospitalization in 1973 and causing permanent injury. Sister was
severely beaten about the head for refusing a Macoute's sexual
advances in December, 1974. Cousin beaten by Macoutes. Mr. Pierre
Louis himself was whipped by Macoutes in December, 1974 for asking
a Macoute's children not to dig holes in his yard. Sought for arrest
by this Macoute shortly thereafter, he fled to Bas Limbe, where he
hid for eight (8) months, returning to his home of Le Borgne only
once, at night, to pick up needed money--from his father's sale of
a cow--with which to flee. Mr. Pierre Louis fled from the Bahamas
to the U.S. in December, 1977 when Bahamian officials started deporting
all illegal Haitians back to Haiti.
16. DOMINIQUE DOCTEUR age 18. Father arrested in May, 1978
for refusing to join the Macoutes. Held in small cell with twenty
(20) others, one of whom died of syphilis. Severely beaten with clubs
during interrogations. Fed virtually nothing. Released after three
(3) months. Was emaciated, covered with sores from beatings, bugs,
and malnutrition. Could no longer hold food. Taken to hospital
one (1) months after release, where died three (3) weeks later, from
effects of imprisonment. Dominique himself was forced to flee Haiti
because he worked for LeRouge, the opposition candidate in the February,
1979 Cap Haitien election for deputy, distributing leaflets, T-shirts,
etc. with a group of friends. One member of his group was arrested
at night and not seen again. Shortly thereafter, a Macoute Commander
in Cap Haitien said to Dominique and his friends, "In a few days, you
may not be around anymore either." Dominique hid for the next two
(2) to three (3) months, never going into town during daylight hours,
before fleeing to the U.S. in June, 1979.
17. MERCIDIEU SAMSCN age 21 A21 139 642. Father owned animals
and five (5) parcels of land on which he employed four (4) to five
(5) persons. Samson lived comfortably with his parents in a large,
four-room house. Samson's father was arrested in 1970 for "talking
bad about the Government" and was never heard from again. After his
father's disappearance, Macoutes came to his parents' house and warned
his mother to "stop talking bad. Things could happen to you." In
1973, a pregnant cousin, Iris, was severely beaten by a Macoute. Out-
aged, Samson's older brothers and cousins, with Samson tagging along,
sought and beat up the Macoute in revenge. Sought for arrest, they
immediately fled the country. A brother who remained behind later









Affidavit of Steven Forester, page six:

was told by Macoutes, "If your brothers return, we'll kill them,"
and was himself threatened, so he also fled. Uncle subjected to
extortion by Macoutes. Upon 1978 death of mother, aunt wrote to
Samson, "Don't come back for the funeral! They are looking for '
you still. If you come back, they'll arrest and kill you."
18. JOCELYN MARCELUS age approximately 21. Regularly met
with friends near his house in Port au-Prince. Macoute was sus-
picious of their group. Marcelus and friends were arrested at
their meeting place in March, 1977, for no apparent reason. They were
taken directly to Fort Dimanche political prison, where Marcelus
was beaten so severely that for many months thereafter he suffered
total loss of hearing and total loss of vision in his right eye.
The beating occurred during interrogation on the first night of
his arrival at Fort Dimanche. He was beaten savagely until uncon-
scious. Marcelus spent seven (7) months alone in a small cell,
then the next seventeen (17) months in the same small cell with
six (6) to seven (7) others, one of whom had been deported from
the United States. The U.S. deportee was with Marcelus for the
entire seventeen (17) months. Food was extremely meager and poor.
Sanitary and sleeping conditions were abominable. Marcelus, who
still suffers impaired hearing in his right ear and impaired vision
in his right eye, was released from Fort Dimanche in March, 1979,
approximately eighteen (19) months after the Haitian Government
states that Fort Dimanche was no longer in operation as a political
prison. (This summary prepared hastily. Marcelus recently
testified at great length before Judge James L. King of the United
States District Court for the Southern District of Florida.)
19. RUBLEY MARTINEAU mid-thirties. Interview incomplete.
Member of Haitian Human Rights League. Attended mass Human Rights
League meeting in Port au-Prince on November 9, 1979 which was
violently broken up by Government thugs. United States' and other
diplomats were beaten, causing formal U.S. protest to Government
of Haiti. Mr. Martineau was sought that same night by numerous
Government officers who came to his house to arrest him. His friend
was arrested, interrogated, and released only through the intercession
of a high-placed friend or relative. Mr. Martineau fled to the
countryside, where he hid until he fled to the United States in
December, 1979.

20. I hereby declare under penalty of perjury that the foregoing
is true and correct. r
April 24, 1980.

Steven Forester






Appendix C-8
AFFIDAVIT COF DANIEL VCLTAIP3


Washington )
District of Columbia s s.:


I, DANIEL VOLTAIRE. declare that:

1. I was birn in Port-au-Prince, Haiti, on November 1,

1950, and have always lived there. I left school at the age of
twenty(20).

2. On June 1, 1972 I joined the Garde Presidentielle, which

is charged with protecting the President-for-Life Jean-Claude

Duvalier and with specific intelligence duties. I continued in

this position for eight years, during which time I spent all my

time at the Presidential Palace which is located right next to

the Cassernes Dessalines in downtown Port-au-Prince. I was under

the direct command of Major Ifhares 31ain and under the general

command of General Gracia Jacques Commander of the Presidential

Guard who receives his order directly from the President-for-Life.

3. On regular occasions during this eight year period

General Jacques would assemble all the Presidential Guard before

the Palace for an address by himself or the President. These talks

referred to our duties and what he wanted us to accomplish. On

numerous occassions he referred to people who were being sent back

from the United States and from the Bahamas. After reminding us

that it was a crime to have left Haiti without authorization,

General Jacoues said that even though they pretended to have been

returned, these people were really spies who received a regular

check from the traitors in Miami and the Bahamas. He kept repeating

that their leaving the country was a direct offense to the Pres-

ident-for-Life who we were to serve and that they came back as

spies. He stressed that these people should be denounced and

arrested as they represented a serious danger to the country and

to the President-for-Life. He told us to report any of these

people to the Service Detectif or to arrest them ourselves.

Through conversations with friends in the Leopards I know that

they were given the same order.