Report on the situation regarding human rights in Haiti: OAS, Inter-American Commission on Human Rights, 37 p. 28 cm, Se...

MISSING IMAGE

Material Information

Title:
Report on the situation regarding human rights in Haiti: OAS, Inter-American Commission on Human Rights, 37 p. 28 cm, Series: OEA/ser.L/V/II.8, Doc. 5 (English),
Physical Description:
Mixed Material

Notes

General Note:
4-tr-OAS-1963

Record Information

Source Institution:
Columbia Law Library
Holding Location:
Columbia Law Library
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
LLMC31602
System ID:
AA00001057:00001


This item is only available as the following downloads:


Full Text
This volume was donated to LLMC to enrich its on-line offerings and for purposes of long-term prservation by
Columbia University Law Library


,., OBA/Ser.L/V/n.8
"""Msny u Doc. 5 (English)
- n^ *w 19 November1963
vi 6 f.?^ i Original: Spanisk
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REPORT ON THE SITUATION REGARDING HUMAN RIGHTS IN HATI
PAN AMERICAN UNION General Secrtariat, Organization of American States
Washington, D.C.


OEA/Ser.L/V/n.8 Doc. 5 (English) 19 November 1963 Original: Spanish
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REPORT ON THE SITUATION REGARDING HUMAN RIGHTS IN HATI
Approved by the Inter-American Commission on Human Rights at the Fourteenth Meeting of its Seventh Session held on October 21, 1963
PAN AMERICAN UNION General Secrtariat, Organization of American States
Washington, D.C. December 1963


This document was prepared by the Secrtariat of the Commission


TABLE OF CONTENTS
INTRODUCTION CHAPTER ONE
Background
I Activities of the Commission in connection with the situation regarding human rights in Haiti
II The second report of the Spcial Coramit-tee of the Council of the Organization of American States, acting provisionally as Organ of Consultation
CHAPTER TWO
Io Right to Life, Liberty, and Personal Security
A. Provisions of the American Dclaration
B. Reports on violations of the right to life, liberty, and personal security in Haiti
II. Right to Freedom of Investigation, Opinion, Expression and Dissmination
A. Provisions of the American Dclaration
B Cornplaints involving violations of the right to freedom of investigation, opinion, expression, and dissmination
C Information furnished by the Government of Haiti
III. Right to a Fair Trial, to Protection From
Arbitrary Arrest, and to Due Process of Law
A. Provisions of the American Dclaration
B. Cornplaints regarding violations of the right to a fair trial, of the right to protection from arbitrary arrest, and of the right to due process of law in Haiti
-iii-


Page
C. Information supplied by the Government of Haiti 23
IV. Right of Asylum 23
A. Provisions of the American Dclaration 23
B. Cornplaints regarding violations of the right of asylum in Haiti 24
V. Right to Vote and to Participate in
Government 23
A. Provision of the American Dclaration 23
B. Cornplaints of violations of the right to vote and to participate in govern-
ment in Haiti 25
C. Information furnished by the Government of Haiti 28
VI. Right of Assembly and of Association 31
A. Provisions? of the American Dclaration 31
B. Cornplaints of violations of the right of assembly and the right of association in Haiti 32
VII. Right to Rsidence and Movement 33
A. Provision of the American Dclaration 33
B. Cornplaints regarding violations of the right to rsidence and movement in
Haiti 33
C. Information furnished by the Government
of Haiti 3*f
VIII. Right to Education and to the Benefits of
Culture 35
A. Provisions of the American Dclaration 35
B. Cornplaints involving violations of the right to ducation in Haiti 36
-IV-


INTER-AMERICAN COMMISSION ON HUMAN RIGHTS INTRODUCTION
Sinee its Second Session, the Inter-American Commission on Human Rights has received communications or cornplaints regarding serious violations by the Haitian Government of the human rights set forth in the American Dclaration of the Rights and Duties of Man, adopted at the Ninth International Confrence of American States, held at Bogota in IA80
During its eight sessions, the Commission took cognizance of twenty=seven communications and cornplaints with rfrence to violations of human rights in Haiti Most of thse cornplaints are signed by several individ-uals or by officers of associations of Haitian citizens in exile
Pursuant to the power conferred upon it in Article 9d of its Statute, the Commission requested information from the Government of Haiti concerning those cornplaints which, in ccnformity with its Statute, it considered appro-priate. Thse cornplaints were brought to the attention of the Haitian Government, in accordance with the provisions of Articles J>6 and kO of the Rgulations of the Commission.
From the background events to be described herein, the following facts may be inferred:
1. That the request for information sent to the Government of Haiti by the Commission referred to serious and repeated violations of human rights in that country;
2. That the information supplied by the Government of Haiti did not relate to the cornplaints transmitted by the Commission in their entiretyi
3. That, in some cases, the information supplied to the Commission by the Government of Haiti was incomplte, while in others the Government
-v-


merely denied that human rights were violated in Haiti, but without supply-ing any information on the spcifie cornplaints transmitted by the Commission;
k. That on two occasions, September 26, 1962, and May 7 1963 the Commission, in accordance with Article 11.c of its Statute, requested permission from the Government of Haiti to go to that country to study the situation regarding human rights;
5. That, on both occasions, the Government of Haiti refused the Commission the permission it requested, on the grounds that its visit might be interpreted as a form of interfrence in the internai affairs of the Republic of Haiti; and
6. That, on both occasions, the Commission made it expressly clear that it respected the sovereignty of Haiti, but that it was empowered by Article 11.c of its Statute to visit the territory of any American state, with prior consent of its government.
Since the communications received contain accusations of serious and repeated violations of human rights in the Republic of Haiti, which,due to the Haitian Government*s refusai,the Commission has been unable to study and verify in the country itself, the Inter-American Commission on Human Rights, in accordance with Article 9c of its Statute, has decided to prpare this report on the situation regarding human rights in the Republic of Haiti.
-vi-


CHAPTER ONE BACKGROUND
I. Activities of the Commission in connection with the situation regard-ing human rights in Haiti
In the course of its eight sessions, as mentioned in the introduction to this report, the Commission received numerous communications or cornplaints regarding serious violations of human rights by the Haitian Government.
In this connection, the Commission sent six notes to the Government of Haitidated August 30, 1961; April 5, May 22, and September 5, 1962; and January 2 and September 13 1963accompanied by thirteen communications or cornplaints, regarding which the Commission requested pertinent information from the aforementioned government.
The Government of Haiti answered the communications of the Commission through notes of July 12 and September 12, 1962; and January 11 and September 23 1963 In the first two, that government furnished information on some of the acts that were the subject of the cornplaints. In its note of January 11, 1963 the Haitian Government confined itself to stating that the voluminous files of cornplaints against the government of the republic were "insignificant and baseless" and in its note of September 23 of the same year, it again stated that the cornplaints contained in the communications referred to it by the Commission were false and unfounded.
Since the communications received by the Commission complained of serious and repeated violations of human rights in the Republic of Haiti, the Commission, at its Fourth Session (April 2 to 27, 1962), entrusted to its secrtariat the prparation of a background document on the situation.


In accordance with that mandate, the secrtariat prepared a confidential
document,^ which it submitted to the Commission for its cognizance during
2
the Fifth Session, held between September 2k and October 26, 1962
During the aforementioned session, the Commission carefully considered the case of the Republic of Haiti, and in view of the information and communications received, alleging serious and repeated violations of human rights, it decided, in accordance with the provisions of Article 11.c of its Statute, to request permission of the Haitian Government to go to Haiti to hold part of its Fifth Session there.
This request for permission was transmitted to the Secretary of State for Foreign Affairs of the Government of Haiti through the following cable, dated September 26, 1962s
THE HONORABLE RENE CHALMERS
SECRETARY OF STATE FOR FOREIGN AFFAIRS
PORT AU PRINCE, HATI
I HAVE THE HONOR TO INFORM YOUR EXCELLENCY THAT, IN ACCORDANCE WITH THE AUTHORTTY VESTED IN IT BY ARTICLE 11.C OF ITS STATUTE, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS HAS PROPOSED GOING TO THE REPUBLIC OF HATI FOR THE PURPOSE OF HOLDING PART OF ITS CURRENT SESSION IN THAT COUNTRY. IN STRICT OBSERVANCE OF THIS SAME STATUTORY ARTICLE, THE COM= MISSION HAS ENTRUSTED ME WITH THE PLEASING TASK TO REQUEST OF THE GOVERNMENT OF HATI, THROUGH YOUR OFFICE, ITS PRIOR CONSENT TO THIS VISIT. I TAKE THIS OPPORTUNITY TO RENEW TO YOU THE ASSURANCES OF MY HIGHEST CONSIDERATION.
After two weeks had elapsed without a reply from the Government of Haiti,
the Commission decided to repeat its request and sent the Haitian Government
another cable on October 9s 1962. This read as followss
THE HONORABLE RENE CHALMERS
SECRETARY OF STATE FOR FOREIGN AFFAIRS
PORT AU PRINCE, HATI
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS REPEATS ITS REQUEST FOR PERMISSION, TRANSMITTED TO YOUR EXCELLENCY ON SEPTEMBER 26 LAST TO GO TO THE REPUBLIC OF HATI IN ORDER TO HOLD PART OF ITS PRESENT SESSION IN THAT COUNTRY. THE COMMISSION HAS ENTRUSTED ME WITH THE TASK OF RE-
MANUEL BLANCHI CHAIRMAN


-3-
QUESTING OF THE GOVERNMENT OF HATI, THROUGH YOUR OFFICE, A PROMPT REPLY TO THAT REQUEST. I TAKE THIS OPPORTUNITY TO RENEW TO YOU THE ASSURANCES OF MY HIGHEST CONSIDERATION.
MANUEL BLANCHI CHAIRMAN
The Goyernment of Haiti sent a cable to the Commission on October 11, 1962, denying the requested permission with the explanation that a visit by the Commission to Haiti could be interpreted as interfrence in Haiti's internai affairso This cable was as followss
MR. MANUEL BLANCHI, CHAIRMAN
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
PAN AMERICAN UNION
WASHINGTON, D.C.
I HAVE THE PLEASURE TO ACKNOWLEDGE RECEIPT OF YOUR CABLEGRAM OF OCTOBER 9 REGARDING THE REQUEST OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS FOR PERMISSION TO HOLD A PART OF ITS CURRENT SESSION IN THE REPUBLIC OF HATI. I WISH TO POINT OUT THAT THE COMMISSION HAS NOT LAID THE BASIS FOR THAT REQUEST, WHICH CAN BE INTERPRETED AS A FORM OF INTERFERENCE IN THE INTERNAL AFFAIRS OF THE REPUBLIC OF HATI THAT AF-FECTS ITS SOVEREIGNTY. I REGRET TO INFORM YOU THAT MY GOVERNMENT, AFTER DUE COGNIZANCE OF THE MATTER, DOES NOT CONSIDER THAT IT HAS THE DUTY TO AUTHORIZE THE REQUESTED PERMISSION. I WISH TO EXPRESS MY HIGHEST CONSIDERATION.
RENE CHALMERS SECRETARY OF STATE FOR FOREIGN AFFAIRS
After carefully considering the Haitian. Government's reply, the Commission reached the following conclusions.
lo That the power to go to the territory of an American state is authorized in Article 11.c of the Commission's Statute?
2. That when the Commission requests permission, to go to an American country it ha3 no purpose other than making an impartial and highly responsi-ble study of the situation regarding human rights in that country5 and
3 That the interprtation accorded by the Haitian Government to the request made by the Commission, namely, that its visit could affect the sovereignty of that country, contradicted the position that it took during


the Fifth Meeting of Consultation of Ministers of Foreign Affairs when the
Inter-American Commission on Human Rights was createcL Haiti voted affirraa-tively for this, as well as for approval of the Statute of the Commission by the Council of the Organization of American States
On the basis of thse conclusions, the Commission agreed to send the following note to the Government of Haiti on October 16, 1963s
Mr. Secretary of States
I have the honor to acknowledge Your Excellency's kind cablegram of October 11, in which you deigned to advise the Inter-American Commission on Human Rights that your Government does not consider that it has the duty to authorize the permission requested by this Commission on September 26, last, and repeated on the ninth of this month, because it considered that the Commission "has not laid the basis for that request s which can be interpreted as a form of interfrence in the internai affairs of the Republic of Haiti that affects its sovereignty."
In this regard, the Commission wishes respectfully to remind Your Excellency's Government that it is granted the power to go to the ter-ritory of any American state, with the prior consent of the respective government, in conformity with Article 11C of its Statute, which reads as followss
Article 11
c The permanent seat of the Commission shall be the Pan American Union The Commission may move to the territory of any American state when it so dcides by an absolute majority of votes and with the consent of the government concerned.
In accordance with that provision, inspired by the purpose for which the Commission was created, which is to facilitate its examination of the subject of human rights in an impartial and highly responsible spirit, the Commission requested the previous consent of the Government of Your Excellency to go to the territory of Haiti.
The Commission regrets that Your Excellency's Government considra that request as a form of interfrence which could affect the sovereignty of your country, especially in view of the fact that your Government, through its Reprsentative in the Council of the Organization of American States, approved the Statute of the Commission, to which the Fifth Meeting of Consultation of Ministers of Foreign Affairs, with the affirmative vote of Haiti, ascribed the comptence to promote the respect of human rights in the American states Furthermore, the fact that the Commission has requested the consent of your Government in itself indicates its respect for the sovereignty of the Republic of Haiti


In view of the fact that the Commission cannot insist on its request when a Government has denied its consent, the Commission wishes to indicate to Your Excellency that, with this note, it is closing the matter at this time.
I take this opportunity to express to Your Excellency my highest c onsiderat ions.
Manuel Bianchi
Chairman of the Inter-American Commission on Human Rights
The Honorable Ren Chalmers
Secretary of State for Foreign Affairs
Port-au-Princ e, Haiti
Although in the above note the Commission informed the Haitian Government that for the time being it considered the matter closed, it should be observed, as indicated in the said note, that the Commission was not renounc-ing the power given to it by its Statute to study the situation regarding human rights in the American countries.
During its Sixth Session (April 16 to May 8, 1963)1 the Commission con-
tinued to concern itself with the problem of human rights in Haiti,^ and at
its meetings of May 2 and 3s 1963? it received several Haitian citizens,
representing Haitian associations in exile, who had requested to meet with
the Commission in order to enlarge upon the accusations that they had transit
mitted in writing. The Commission also continued considering claims or cornplaints sent to it, regarding violations of human rights in Haiti
In examining thse communications or claims, the Commission observed that they contained cornplaints involving serious and repeated violations of human rights in Haiti, which fully coincided with reports appearing in news-papers of the hmisphre. In view of this, the Commission, at its meeting of May 6, 1963 in Santo Domingo, Dominican Republic, agreed to request in accordance with Article 11.c of its Statute, permission from the Government
5
of Haiti to hold part of its Sixth Session in the territory of that country.
3. OEA/Ser.L/V/II.7, Doc. 28, June 29, 1963. ko Ibid. 5. Ibid


This request was transraitted by the following cable, dated May 7, 1963?
THE HONORABLE RENE CHALMERS
SECRETARY OF STATE FOR FOREIGN AFFAIRS PORT-AU-PRINCE, HATI
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DEEPLY CONCERNED OVER REPORTS AND COMPLALNTS IT HAS RECEIVED IN WASHINGTON DC, AND PARTICU-LARLY BY THOSE TRANSMITTED TO IT IN THAT CITY BX PRIVATE INDIVIDUALS AND REPRESENTATIVES OF ASSOCIATIONS ON MAY 2 AND 3, 1963, ON SERIOUS AND REPEATED VIOLATIONS OF HUMAN RIGHTS THAT TOOK PLACE IN HATI, CQ-INCIDING WITH RECENT AND SUPPORTING INFORMATION APPEARING IN THE CONTINENTAL PRESS, WISHES TO REQUEST AGAIN, IN ACCORDANCE WITH ARTICLE lloC OF THE STATUTEs THE CONSENT OF THE GOVERNMENT OF HATI TO HOLD PART OF THE PRESENT SESSION IN HAITIAN TERRITORYo IN THIS RESPECT I WISH TO REMIND YOUR EXCELLENCY THAT, AFTER THE GOVERNMENT OF HATI"S DENIAL5 OCTOBER 11, 1962, OF THE FIRST REQUEST FOR CONSENT SENT BY THE COMMISSION ON SEPTEMBER 26 OF THE SAME YBAR, I SENT YOUR EXCELLENCY A NOTE ON OCTOBER 16, 192, STATING THAT THE COMMISSION HAS THE AUTHORITY TO TRAVEL, AFTER PERMISSION IS RECEIVED FROM THE RESPECTIVE GOVERNMENT, TO THE TERRITORY OF ANY AMERICAN STATE, AND THAT THE EXERCISE OF ITS POERS IN THIS CASE DOES NOT SIGNIFY ANY INTERFERENCE IN THE INTERNAL MATTERS OF AN AMERICAN STATE THAT MIGHT AFFECT ITS SOVEREIGNTY, AS HAS BEEN RECOGNIZED BY THE AMERICAN STATES THEMSELVES, AMONG THEM HATI, WHEN THEY CREATED COMMISSION AT THE FIFTH MEETING OF CONSULTATION OF MINISTERS OF FOREIGN AFFAIRS AND APPROVED ITS STATUTE ON MAY 25, i960. I SHALL GREATLY APPRECIATE AN IMMEDIATE REPLI TO THIS COMMUNICATION, BY CABLE, FROM YOUR EXCELLENCY., ACCEPT SIR THE RENEWED ASSURANCES OF MY HIGHEST CONSIDERATION-
MANUEL BIANCHI CHAIRMAN
The Government of Haiti replied by cable 033 May 10, refusing its consent in the following termss
MR MANUEL BIANCHI, CHAIRMAN INTER-AMERICAN COMMISSION ON HUMAN RIGHTS PAN AMERICAN UNION WASHINGTON, DC
I HAVE THE HONOR TO ACKNOWLEDGE THE RECEIPT OF YOUR CABLE OF MAI ?9 1963, REGARDING THE REQUEST OF THE LNTER-AMERICAN COMMISSION OF HUMAN RIGHTS TO HOLD A PART OF ITS PRESENT SESSION IN HATI. I WISH TO POINT OT ONCE MORE THAT THE COMMISSION11S REQUEST COULD BE INTERPRETED AS A FORM OF INTERFERENCE IN THE INTERNAL AFFAIRS OF THE REPUBLIC OF HATI; A THREAT TO ITS SOVEREIGHTY AT A TIME WHEN THE HAITIAN GOVERNMENT AND PEOPLE ARE FACED WITH A TRUE INTERNATIONAL CONSPIRACY. THEREFORE I REGRET TO INFORM YOU THAT MY GOVERNMENT, AFTER TAKING DUE COGNIZANCE OF THE MATTER, DOES NOT BEL LEVE THAT LT SHOULD GIVE LTS CONSENT, MY HIGHEST CONSIDERATIONS.
CLOVIS DESINOR ACTING SECRETARY OF STATE FOR FOREIGN AFFAIRS


During its twenty-second meeting, held on May 8, 1963 the Commission took cognizance of the Government of Haiti's refusai and agreed to inform the Council of the Organization of American States, acting provisionally as Organ of Consultation, with its deep concern over the situation regarding human rights in Haiti and the refusai of the Haitian Government to allow the Commission to make an on-the-spot study of the cornplaints it had received with rfrence to serious and repeated violations of thse rights
Accordingly, the Commission transmitted a note to the Chairman of the Council on May 14
II The second report of the Spcial Committee of the Council of the Organization of American States, acting provisionally as Organ of Consultation
In preparing this report on the situation regarding human right3 in the Republic of Haiti, the Commission has considered it useful to transcribe the pertinent parts of the second report of the Spcial Committee of the of the Council of the Organization, acting provisionally as Organ of Consultation, with rfrence to violations of human rights in that country (Doc 0-1-624, June 10, 1963).
Ih its report, the Spcial Committee of the Council of the Organization mentioned the following factss
In the course of the visits made by the Committee to the Domini-can Republic, the government of thst country referred to the many violations of human rights in the Republic of Haiti as one of the factors responsible for the tension existing between the two countries, stress-ing the repercussions of ail kinds that thse were having in the Domini-can Republic, among them the constant flow of Haitian refugees into its territory, which was increasing every day because of such violations
In connection with this problem it is well to point out, first, that at the very time the Committee appointed by the Council acting provisionally as Organ of Consultation was making its first visit, another agency of the rgional System, the Inter-American Commission on Human Rights, sent a cable to the Government of Haiti, on May 7 I963, in which it stateds


_8-
^The report of the Spcial Committee then went on to quote the message
sent by the Inter-American Commission on Human Rights to the Government of
Haiti on May 7s 1939 requesting permission to visit that country, and al-
so the text of the Government of Haiti's refusai, dated May 10, ~L9&J>J
Since the Committee of the Council had itself received trust-worthy information on the aforementioned violations of human rights in Haiti, it deemed it its duty to express its concern to the Foreign Minister of that country over thse violations, referring exclusively to the relationship between thse and international tensions, as stated by the Inter-American Peace Committee in the report it prepared in accordance with Resolution IV of the Fifth Meeting of Consultation of Ministers of Foreign Affairs and presnted to the Council of the Organization on April 14, i960, entitled "Spcial Report on the Relationship Between Violations of Human Rights or the Nonexercise of Reprsentative Democracy and the Political Tensions That Affect the Peace of the Hmisphre" (Doc. C/lNF-699, 15 April i960).
Foreign Minister Chalmers, in replying to the statements of the Committee of the Council acting nrovisionally as Organ of Consultation, reaffirmed the adhrence of his government to the principles of respect for human rights and stated that the accusations that were being made abroad in this regard were part of the campign of defamation being di-rected against his government and that, furthermore, any interfrence in this matter was considered an intervention in the internai affairs of the Republic of Haiti.
At the close of its report, the Spcial Committee submitted to the provisional Organ of Consultation various recommendations for its considration, one of which referred to the situation regarding human rights in Haiti.
At the meeting held on July 16, 1963s the Council of the Organization
of American States, acting provisionally as Organ of Consultation, adopted
a resolution (Doc. C-d-1117, Rev. 2). The fourth paragraph of the operative
part reads as followss
4. To urge the Government of Haiti to observe the principle of respect for human rights consecrated in the Charter of the Organization of American States, inasmuch as compliance with that principle effec-tively contributes to the maintenance of peace and the diminution of international tensions, and in view of the statement made to the Committee by the Foreign Minister )of Haiti to the effect that his government adhres to that principle.'


-9-
CHAPTER TWO SITUATION REGARDING HUMAN RIGHTS IN HATI
I. Right to Life, Liberty, and Personal Security A Provisions of the American Dclaration
The American Dclaration on the Rights and Duties of Man^ sets forth
the following in its Article I;
Every human being has the right to life, liberty and the security of his person.
B. Reports on violations of the right to life, liberty, and Personal security, in Haiti
The cornplaints contained in communications received by the Commission
with respect to the aforementioned human right consist of the following;
a. That the life, liberty, and security and integrity of persons are seriously threatened in Haiti;
b. That several persons have fallen victim to the rpressive action of government agents;
c. That frequently persons who have been arrested are considered as having disappeared, or their whereabouts are unknown, or it is feared that they have been killed as the resuit of officiai perscution; and
d. That mass excutions have taken place involving political prisoners and their families0
There are presented herewith the pertinent portions of communications
and reports received:
1. In a brief submitted as corroborating vidence to the Commission in
7
May 1963, the following is stated:
6. The same right is established in Article 3 of the Universal Dclaration of Human Rights.
7. Brief submitted to the Commission on May 3, 196l, by a Haitian exile on the facts included in his oral testimony before the Commission on that date. Sixth Session. ,


-10-
In addition to his constant violation of human rights and civil liberties, adding a black page to his previous ominous brutalities, Duvaliers after the assassination of Colonel Turnier, turned the machine guns of his Gestapo against the family of Lt. Franois Benoit, whose house was set afire and submitted to intense machine gun fire. In the house, Benoit"s pregnant wife, a little boy of two, her son, Benoit"s mother and several servants were burned to death...
At random, in the streets the militia night and day shot to death anyone who was found in their way. Lionel Fouchard, Henri Bermingham, Ernest Sabalat and others were killed in broad daylight. Twenty-four hours before the arrivai in Port-au-Prince, last Tuesday, of the OAS five-member Lnvestigating Mission, Duvalier ordered the massacre of "ail political prisoners."
Also, in this same week, mass secret excutions took place of so-called "anti-nationalists, supporters of U.S. imperialism" as well as military officers in the interior. Parents, wives, children, sisters and other relatives of former army officers who recently took refuge in various Latin American Embassies were jailed and tortured. Several other former army officers who were discharged from the Corps over five years ago were rounded up and executed at the Dessalines Barracks and at Fort Dimanche.
Already more than one hundred twenty people have been killed in two days. Today in Port-au-Prince, in one morgue there are more than 65 bodies of persons killed in the streets.
List of atrocities committed by the rgime of Dictator Duvaliers
Mr. Fritz Raymond Saintiny, 27 years old. Student. He was attacked in his home and wounded by several gunshots fired by a. member of the militia on July 19s 19&1. He was taken to the gnerai hospital, where he remained for more than k months and a half. Discharged as cured, he was taken to the National Penitentiary, from which he has not departed. He is said to be missing.
Mr. Sege Rodney. Student. Arrested during -the student strike, beaten and considered as missing.
Mr. Antoine Marcel. He lived in Magloire. He was arrested without provocation, beaten, and his body never recovered.
Mr. Ivon Martin. Accused of starting a party diffrent from that of Prsident Duvalier. Savagely beaten to death.
Mr. Bence, personal enemy of Clment Bardot, accused of conspiring against the government and shot.
Mr. Mirambeau. Accused of conspiracy. Assassinated.
Mrs. Rossini Pierre-Lois. When she inquired for news of her husband, she was savagely beaten.


-11-
Miss M. Paule Ducan. Accused of belonging to a party diffrent from that of Dr. Duvalier. She received a caning.
Mr. Franck St. Victor. Director of "La Falange" (newspaper). Jailed and the newspaper office burned.
Mr. Louis Fils. Accused of serving anti-governmental ends. Arrested and considered missing.
Messrs. Gesner Antoine and Claireaux Rteau, accused of conspiracy. Arrested by a soldier, Flix Sainte. Considered missing.
Mr. Christian Nau. A peaceful man, accused of conspiring against the government, arrested, beaten, and considered missing.
Colonel Max Deetjeen. Assassinated by a soldier who was inspecting the harvesting of tobacco.
Mr. Levque, former minister of Duvalier, beaten by a soldier when he was relieved of his duties.
Mr. Ermentin. Assassinated in Saint Martin Street.
Mr. Henry Sterling. Accused of conspiring against the government. Considered missing.
Colonel Fritz Lon. Imprisoned in Aux Cayes by the civil agent, St. Ange Bontemps, and Lieutenant Jean Pierre, he was taken to Fort-Dimanche. He was assassinated while trying to escape on the Les Salines road.
Mr. Fambert Baptistes. Taxi driver, was killed on Jean-Jacques Dessalines Street by a soldier.
Mr. Justin Lon, accused of conspiracy, he was arrested and taken to the National Palace and savagely beaten to death in the prsence of Prsident Duvalier.
Mr. Bouillon, a merchant who had refused to give money to the government, he was assassinated in the torture chambers of Dessalines.
Mr. Marcel Douge, Assistant Director of 'Citadelle Tours' and a friend of Clment Jumelle, was imprisoned by the government. His only crime was that he was a friend of Clment Jumelle.
Mr. Fritz Oriol, accused of conspiracy. Shot in the National Palace.
2. In a complaint presented to the Commission, the following facts
were set forths^
8. Complaint No. 49, in the Files of the Commission. Fifth Session.


-12
The assassination of Mr. Ducasse Jumelle, former Secretary of State of the Interior and former Senator of the Republic, and of his brother Charles Jumelle, farmer, who were arrested, violently obliged to climb into a police truck by the then Prefect of Port-au-Prince, Mr. Lucien Chauvet, and then riddled by machinegun fire; the government excused itself in a cryptic communiqu regarding this crime by saying the two had resisted public force.
The assassination of the following personss agronomist, Elder Vil; Dr. Watson Telson, former Deputy; Mr. Henry Rigaud, business man; Dr. Georges Rigaud; Ivan Emmanuel Moreau, former Senator; Antoine Multidor, former Colonel in the Armed Forces of Haiti; Emile Nol; Rossini Pierre Louis, former Deputy; Antoine Templier; Jacques Bajeau; Luc Andr; Francisque Joseph; Dieudone St. Val; Ivon Martin; Clerveau Rteau;Cler-veau Lahens; Lous Charles; Franck Hoghart; Antoine Roland; Marcel Antoine; Jean Claude Mirambeau; Telemaque Guerrier; etc. etc.."
3. A complaint presented to the Commission on December 20, 1962,
A night watchmen who was guarding a supply of materials and equip-meny of the Ministry of Public Works in the Capital was bound with barb-wire and hanged. In Petionville, a suburb of Port-au-Prince, another patriot was crucified, with nails driven into his hands and feet... Over fifty cases of missing persons have been reported, and the unjusti-fied arrests and political perscutions once more are causing panic among familles.
According to 'Bohemia Libre" (June 10, I962), the government press published in the form of a Christmas prsent for its party members, a hideous report on members of the opposition who had been killed. The list classified the victims according to their political affiliation, as followss
As soon as he came to power, Duvalier created a climate of inse-curity, of governmental terrorism, in order to take revenge on the politicians who opposed his candidacy. Six months after taking office he assassinated two brothers of the candidate Jumelle and later, the candidate himself, who died from poisoning in the Cuban Embassy in Port-au-Prince, where he had taken refuge.
ko Following is a cabled complaint presented to the Commission on Au-
statess
Fignolists Jumellists Djoists
3,000 dead 476 dead lk5 dead
gust 14, 1963s
10
9. Complaint No. 12, in the Files of the Commission First Spcial Session. 10. Complaint No. 31 in the Files of the Commission, Seventh Session.


-13-
It is with profound grief that I inforra you that the unconstitu-tional government of Haiti tortured and killed many relatives of members of the forces of libration who landed in Haiti last week, in particular, relatives of the soldiers Blucher Philogne, Louis Elie, and Ren Jacques, among Whom were women, children, and old people, al-though we are aware that Duvalier refuses to allow the Commission on Human Rights to inquire into the assassination of thousands of citizens...
5o A cabled complaint to the Commission on August 16, 1963 statess^"
Urgent hundreds human lives in danger in reprisai Haiti rgime against relatives invaders. We ask your help through investigating committee en route to Haiti. Please find out whether Rossini Pierre Louis. Georges E. Rigaud(sic)Clerveaux Rteau, Emile Cauvin, and hundreds of supposed prisoners are alive.
12
6. A cable of August 14, 1963 contained the followings
We are sending this cable via Santo Domingo for security reasons. We protest and request an immdiate investigation into the assassination of the women, children, and elderly persons, relatives of rebel officers and into the summary excution of hundreds of political prisoners.
II. Right to Freedom of Investigation, Opinion, Expression and Dissmination
A. Provisions of the American Dclaration
13
The American Dclaration of the Rights and Duties of Man, in Article
IV, establishes the following:
Every person has the right to freedom of investigation, of opinion, and of the expression and dissmination of ideas, by any mdium whatsoever.
B. Cornplaints involving violations of the right to freedom of investigation, opinion, expression, and dissmination
The cornplaints contained in the communications received by the Commission with rfrence to the aforementioned right consist of the following:
a. That the right to freedom of investigation, opinion, expression, and dissmination has been suppressed in Haiti; and
11. Complaint No. 39, in the Files of the Commission, Seventh Session.
12. Complaint No. 36, in the Files of the Commission, Seventh Session.
13. A similar right is established in Art. 19 of the Universal Dclaration of Human Rights, proclaimed by the United Nations in December 1948.


bo That in many cases the suspension of such rights has brought with it the destruction of the plants housing organs devoted to the expression and dissmination of thought, both written and spoken.
Transcribed hereinafter are the pertinent parts of the communications and cornplaints receiveds
1, The following acts are set forth in a complaint received by the Commxssions
Duvalier has closed more than 12 newspapers, as foilowss 1 L'Escale its Directors Yvonne Hakime fiimpel, first victim of the hooded ones, was tortured and raped. She lives in Port-au-Princeo 2 'Foi Sociale organ of the M.O.Po, directed by the young revolutionary Jean H Rgis, who has taken asylum in Caracas, where he is carrying on the fight as Chairman of the Rural Wor-kers' Party Committee. He was jailed several times and his press destroyed by the officiais. 3 'Miroir,* destroyed by the police and its director imprisoned for denouncing the scandai involving a crdit of $300,000 of Duvalier under the pretext of covering expenses of a supposed Public Works contract with a phantom French firm. Its director, the fighter Albert Occenad, is now in exile in Jamaica. 4. 'L'Haitien Libr, where ali staff members were jailed and the editor-in-chief, Daniel Arty, exiled to the United States. 5 'Cri des Jeunes,' whose director, Jacques Cassagnoll, was exiled to the United States. 6. 'Le Patriote,' whose director, Antoine Petit, was tortured by the officiais and his press destroyed by a bomb. 7- "Independence,' director Georges Petit, one of the most respected politicians, which for 30 years strongly defended dmocratie interests. 8. 'Mopisrae Intgral,' director J. B. Etienne, exiled in New York. 9 'Judex,* organ of the Jumelle group, its members arrested, tortured, and exiled to New York. 10. 'La Phalange,' its directors in asylum at the Venezuelan Embassy (La Phalange was the organ of the Catholic clergy)-. 11. 'Le Souberaine,' director Luc B. Innocent, at prsent exiled in Colombia, arrested in March 1958, he was brutally tortured in the National Palace in the prsence of Duvalier; this provoked a strong protest from the Inter-American Press Association on March l8, 1958. 12. Two United Press correspondents, Paul Kennedy and James Cuning, were expelled. One Morrison, director of the "Port-au-Prince Times,' who came to oc-cupy a high and influential post with the Duvalier government, was expelled. The American newspaper woman, Lynn Grossberg, received the-following message from Duvaliers 'Leave the country quietly, or I shall run you out by force at the point of a bayonet.'
As to the press associations, AP, UPI, and France Presse, repre-sented by Haitians, they were never able to send out news that was not censored in advance. We should also add that thse reprsentatives put themselves completely at the service of Duvalier. This explains why the foreigner will wait a long time before learning the truth about the government that was ruining Haiti,through lack of knowledge.
lh. Complaint No. 71 in the Files of the Commission. Fourth Session.


2. It is stated in a complaint presented to the Commission;
The Catholic newspaper 'La Phalange' was seized by Prsident Duvalier as one of the latest measures of his government aimed at the spectacular and dfinitive suppression of the freedom of investigation, opinion, expression and dissmintion.
The following newspapers likewise have been destroyed or confis-cateds "Foi Sociale,' 'Le Patriote," "Haiti Miroir,' etc etc; their directors arbitrarily arrested; Georges Petit, Emmanuel Beauvair, Jean Rgis, Antoine Petit, Albert Petit, and Albert Occenado Daniel Arty remained in exile
C. Information furnished by the Government of Haiti
With respect to the foregoing cornplaints, regarding which similar information was requested from the Haitian Government, the Commission received from that government the following informations*""^
With regard to Mrs. Yvonne Hakime Rimpel, we quote below the text of her dfense, which was published in the Haitian daily newspaper Le Nouvelliste on Monday, January 29, 1962s
Dclaration by Mrs, Yvonne Hakime Rimpel
Since an article appeared in Time Magazine, in which my name was mentioned as a victim of the government of the Honorable Doctor Franois Duvalier, I have been receiving tlphone calls every day inviting me to take refuge in the embassy under the pretext that the police are af-ter me, I wish to inform thse unpatriotic persons that I have not served, and shall never serve, as an instrument for their criminal designs, I publicly vow that I have never been disturbed under Doctor Franois Duvalier's government, which Works for the mancipation of the Haitian masses, and is respected and admired by every patriote
Thse dclarations are ail the more false because there is absolute calm throughout the country and the rights of ail citizens are guaranteed.
It is a fact that you have lost the battle, Now, we must look at our common country that has regained its grandeur, and work for its prosperity,
Yvonne Hakime Rimpel
With regard to the other names mentioned, they are persons who have taken the road of exile because they belonged to political groups that were defeated during the 1957 presidential lections and who wish to indicate their Personal disagreement with a political rgime
15, Complaint No 49, cited.Fifth Session.
1b. Note from the Government of Haiti, dated September 12, 1962, sent in
reply to the request for information in the note of April 5? 1962, sent by the Commission.


-16-
It is not forbidden, I hope, to add thats
1. Mr. Occenad, Director of the Haiti-Miroir, went into exile following an unfortunate affair concerning a woman, in order to take cover against the anger of the betrayed husband;
2<> The Messrs. Petit are what are known in Haiti as professionals of the profit-making opposition working through organs of the press, and Mr. Georges Petit has lived in this manner from .1930 to the prsent time?
3o Mr. Luc B. Innocent is a criminal, a person shattered in mind and body with a long dossier, who took part, among other things, in setting fire to the building of the Lyce of Cap-Haitien, in assault-ing the office of the Embassy of Haiti in Caracas, and recently in at-tempting to steal an airplane in Bogota. He is a well known agent of international communism working actively for the victory of Castroism in South America..
With regard to the case of La Phalange and also the freedom of the press, I take pleasure in quoting for you the text of an AFP (France Presse) news story that contains the most important paragraphs of an explanatory statement addressed to the I.A.P.A. by the Association of Haitian Newspapermen, It is loquent in itself and requires no comment
PRESS FRANPRESS NEW YORK
The Executive Committee of the Association of Haitian Newspapermen (AJH), through its Secretary General, Dumayric Charlier, has refuted the allgations contained in a resolution adopted by the Inter-American Press Association, according to which the Haitian Government practices an underhanded censorship of the press and has closed the newspaper La Phalange in violation of the freedom of expression. The Executive Committee of the A.J.H. in a six-point resolution made the following and other statements.
That to our knowledge, the Government of Dr. Duvalier has never laid a sacrilegious hand on the national press by means of spectacular closing down of newspapers belonging to Haitian citi-zens and directed by Haitians, as is practiced unabashedly in several countries of the Americass.
That the case of the newspaper La Phalange, organ of the Catholic Church, had attracted the attention of the A.J.H, which demanded an explanation from the comptent authorities. On this subject the A.J.H. states that the problem of La Phalange, which is foreign in view of its hierarchy, stems from the contractual obligations de-rived from the March 1860 Concordat concluded between the Holy See and the Haitian Government, which agreement governs the conduct of national and foreign religious persons,and the consquences of their interfrence in politics or in any matters that fall within the sole corn-petency of the temporal powerf


-17-
That, nevertheless, in view of a situation arising from a sries of events that demanded of ail Haitians a little patriotism and love for their fellow citizens, and especially the dsire to respond to the requests for national and foreign capital, the nation's press, aware of the danger to a ruined country of a passionate, methodical, and un-just opposition to a government that inherited a rule burdened by debts from six years of waste, on the day following the consultation of the people of September 22, took the dcision to assist in controlling the damage. The press will thus be capable of fulfilling its mission: to interpret the opinion of the majority that demanded national reconciliation, peace in the streets, security for families, and especially a re-turn to normal life with a view to achieving the essential conomie, commercial, and financial recovery.
III, Right to a Fair Trial, to Protection From Arbitrary Arrest, and to Due Process of Law
A. Provisions of the American Dclaration
17
The American Dclaration of the Rights and Duties of Man stipultes
the following in its Articles XVIII,XXV, and XXVI:
Article XVIII. Every person may resort to the courts to ensure respect for his lgal rights. There should likewise be available to him a simple, brief procdure whereby the courts will protect him from acts of authority that, to his prjudice, violate any fundamental constitutional rights.
Article XXV. No person may be deprived of his liberty except in the cases and according to the procdures established by preexisting law.
No person may be deprived of liberty for nonfulfillment of obligations of a purely civil character.
Every individual who has been deprived of his liberty has the right to have the legality of his dtention ascertained without delay by a court, and the right to be tried without undue delay, or, other-wise, to be released. He also has the right to humane treatment during the time he is in custody.
Article XXVI. Every accused person is presumed to be innocent un-til proved guilty.
Every person accused of an offense has the right to be given an impartial and public hearing, and to be tried by courts previously established in accordance with preexisting laws, and not to receive cruel, infamous or unusual punishment.
17. Similar rights are established in Articles 8, 9, and 11 of the Universal Dclaration of Human Rights.


-18-
B. Cornplaints regarding violations of the right to a fair trial, of the right to protection from arbitrary arrest, and of the right to due process of law, in Haiti
The cornplaints contained in the communications received by the Commission, with respect to the above-mentioned human rights, consist in the following.
a. That, by decrees issued by the Executive and Lgislative Powers in Haiti, the following articles of the Constitution of that country, which established the fundamental rights of the individual, have been suspendeds Nos. 17, 18, 19, 20, 21, 25, 26, 68, 70, 90 (para. 7), 9^, 119, and 123;
b. That the said suspension, decreed for six months, has been prolongea for more than five years, during which the citizens of Haiti have been deprived of constitutional or lgal means of ensuring respect for their rights or demanding justice against the abuse of power, and it is impossible to make claims against violations of human rights, and when such claims have attempted they have been violently repressed by the Civil Militia?
c. That the authorities of the Police and the Civil Militia, created as a Political Police by the Government of Haiti, make arbitrary and prventive arrests, without employing a judicial warrant or an order of comptent authority;
d. That among those arrested in an arbitrary manner are members of the Parliament of Haiti, despite the parliamentary immunity established by the Constitution of that country in Article 68;
18
e. That by Decree dated August 6, 1938, ail guaranties of a pre-cedural nature were suspended, such as those concerning the nonretroactivity of pnal law unfavorable to the dfendant and the prior establishment of offenses and penalties and of the courts of justice; and that the right to due
18. Le Moniteur, August 11, 1958.


-19-
process of law has been suspended, inasmuch as those accused of a mis-demeanor or felony may be judged without regard for procdural guaranties and by civil or military tribunals indiscriminately; and
f. That various persons arrested for political offenses have been tried in summary and secret fashion and many of them have received unusal, infamous, and cruel punishment, even including the death penalty.
Below are transcribed the pertinent parts of the communications and cornplaints received
1. A cabled complaint sent to the Commission by an association of
r 19
Haitian exiles on February 15 1963 statess
We denounce a new wave of terror and of violations of human rights by despotic Duvalier rgime in an effort to break the prsent civil rsistance of the Haitian people and retain power. Militiamen brought to the capital receive the order to shoot to kill citizens who demand rights. Cases of missing persons are reported. We protest against thse inhuman acts and demand immdiate action by your Commission for the protection of the defenseless Haitian people....
20
2. A complaint presented before the Commission in May 196l states:
It is important for you to turn your attention toward the dictatorial government of Haiti. The principles of human rights are vio-lated. Thousands of Haitian politicians are being kept in jail for months and years without having the chance of being tried.
Too many Haitians have been forced to leave the country; they are taking refuge in the United States, Mexico, Venezuela, and Africa.
We are protesting against the dictatorial government of Duvalier who has violated the Haitian Constitution... who has dissolved the House of Deputies and Senators... who has persecuted and jailed Sena-tors and Reprsentatives... and finally established a new governement by lections of April 30, 196l, under the (pressure) of his dictatorial power.
21
3. In a complaint presented before the Commission it is stated:
The situation that Haiti is going through at this time demands the attention of ail the dmocratie people of the world.
19. Complaint No. 35 in the files of the Commission. Sixth Session.
20. Complaint No. 70,in the files of the Commission. Third Session.
21. Complaint No. 12, cited, First Spcial Session.


20-
In the climate of dictatorship prevailing the greatest abuses are committed every day without anyone having the right to suggest the slightest protest.
4. In a ptition presented on February l8, 1963? by a group of Haitian 22
exiles, it is stated.
The dictatorship of Prsident Duvalier has abolished ail liberties in Haiti; freedom of the press, freedom of association, which has been dramatically suppressed; no political parties, no labor unions, neither social freedom nor independence to associate for honest purposes. The Haitian people, bound in bloody oppression, are denied the most ele-mentary justice. The dictatorship has constantly violated the following articles of the Universal Dclaration of Human Rights. 2, 3, 3, 7? 8, 10, 12, 13, 14, 15, 17, 19, 20, 21, 25, and 28.
2*5
3 A complaint presented on August 16, 1962, states; ^
In their national constitutions, it is recognized that the juridi-cal and political institutions that govern life in society have as their primary end the protection of the essential rights of man. the right to life, to liberty, to the safety and integrity of the individ-ual, to freedom of religion and worship, to freedom of investigation, to the protection of honor, personal rputation, and personal and family life,to the inviolability and transmission of correspondence, to the prservation of health and to well-being, to the right of assembly, of association, of ptition, the right to protection from arbitrary arrest, to due process of law, to freedom of opinion, expression, and dissmination of ideas.
The Government of Haiti presided over by Dr. Franois Duvalier has radically suppressed ail thse rights and ail freedoms by organizing the armed Civil Militia known as the 'Tontons Macoutes.'
24
6. A complaint presented on December 20, 1962, states.
Last June, Thimoleon Innocent, 19 years old, a secondary school student, was arrested and tortured in Port-au-Prince. From well-founded accounts I have learned that he succumbed to the torture. Moreover, Prsident Duvalier at the beginning of this year arrested Jacqueline Milord Innocent, his mother, Bossuet Innocent, Rita Innocent, and Altagrace Innocent, his sisters, and several of his friends.
25
7. A complaint narrtes the following;
The Civil Militia did not hesitate to choose means for torturing Mrs. Nerva Larieux, Mrs.Luc Jean, Mr. Duserk, and to use fire and electricity as means of torture for Messrs. Benoit, Limage, Max Auguste, and many others.
22. Complaint No. 33 in the files of the Commission. Sixth Session,
23. Complaint No. 49 in the files of the Commission. Fifth Session.
24. Complaint No. 12, cited. First Spcial Session.
25. Compalint No. 49, cited. Fifth Session.


-2L
...Deputy Franck Sraphin was arrested for asking the.Minister of the Interior to suspend arbitrary arrests of peaceful citizens. He was imprisoned for more than four months, taken before a Military Court, and condemned, for crimes against the security of the state, to death, despite the institutional stipulations regarding parliamentary immunity.
Senator Jean P. David was arrested on June "50, 1960,and deported by air to the United States because he dared to demand explanations from the Executive Power regarding financial abuses by the Government.,
Deputy Andr J. Garnier was arrested by seven members of the Civil Militia at the National Bank of Haiti on October 1?, i960, for having suggested to his colleagues that they abstain from voting on the un-constitutional law granting full powers in conomie matters to Prsident Duvalier, He was led to the torture chamber of the National Palace by the members of the Secret Police, having suffered tortures that al-most cost him his life.
Deputy Saintange Bontemps was arrested in the city of Jrmie and brought to the capital, where he lives under strict vigilance.
In another part of the same complaint it states2
The Government of Prsident Duvalier has established absolute suppression of the right of protection from arbitrary arrest, the right to a fair trial, and the right to due process of law. Duvalier is the suprme judge.
26
8. s A complaint presented in September I962 states.
Not only did he (Duvalier) violate the Constitution by dismissing the parliament elected by the people, and by proclaiming himself re-elected Prsident,....
We urge you... to take a positive stand against this... dictator, who respects neither law nor religion. Consequently, (he does not respect) the right to life, liberty, and security of person, freedom from torture (or) inhuman and degrading punishment; the right to be presumed innocent until proved guilty; freedom from arbitrary arrest, dtention, or exile; correspondence, the right of asylum, etc.
27
9. A communication sent to the Commission states.
The threats of massacre or of premeditated crime by the authorities, by means of summary excutions, often perpetrated with the complicity of the night, peremptorily establish the character of common-law crimes charged against Mr. Duvalier and his collaborators in accordance with the Haitian Code of Criminal Procdure.
26. Complaint No. 65 in the files of the Commission. Fifth Session.
27. Compalint No. 68 in the files of the Commission. Sixth Session.


-22-
10. A cabled complaint dated July 29, 1962, states;
In the name of my compatriots, victims of the most hateful tyranny, misery, and humiliations, restraints of ail sorts, the most atrocious police brutality, the most serious attacks on human dignity, I corne, confident of their moral support, to request action by the eminent members of your Commission, in view of the tragic circumstances through which the Republic of Haiti is passing, after nearly five years of a rgime of terror, with contempt for the most elementary justice, not re-specting the rights of nationals and foreigners, and submitting people to ail kinds of perscutions and tortures. The Government constantly violtes the Articles of the Constitution and Articles, 2,3,57,9,10s12, 13,14,15,17,19,20,21,25, of the Universal Dclaration of Human Rights. '
29
llo A complaint states.
For four years now the rgime of Dr. Duvalier, the product of fradu-lent lections, has converted Haiti into a vritable hell.
As soon as it assumed power, the first act of the Government was to organize a rpressive corps of murderers, of persons convicted of common crimes, taken from prison to murder, violate, and rob those who do not agre with the policy of the Government. The members of this corps are known as 'Tontons Macourtes.* The first victim of thse 'Tontons Macoutes' was the journalist Yvonne Hakim Rimpel, who was raped in her house in the prsence of her children by four of thse criminals.
Everyday abuses, crimes, and violations committed by members of the rpressive corps of Duvalier's governmental rgime of terror are reported.
And in another part of the same complaint it is stated:
The 'Tontons Macoutes' have taken off their masks since it was very well known who they were, they had no further reason for hiding their faces in order to carry out their tasks.
They act in the light of day. Their chief was the so-called Clment Bardot, a former elementary school teacher, who reached the point of being considered the second-ranking personage in Haiti. One of his best-known lieutenants in the work of command of the 'Tontons Macoutes' was the former bread vendor and baker Elouis Matre.
The other members were recruited from among professional killers, the dtectives of the secret police, malefactors just getting out of the prisons, and, finally, some Duvalierist fanatics. Officers of both the police and the Presidential Guard accompany them on ail their outings, and proceed, at the same time, to join them in arresting opponents or ail those who are taken as such, and they have taken part in the interrogations or become the physical punishers of those people. In less than three years
28. Complaint No. 38 in the files of the Commission. Fifth Session.
29. Complaint No. 71, cited. Fourth Session.


-23-
the 'Tontons Macoute' have corne to form an army of between 3,000 and 6,000 men. They have been trained in handling firearms. In spcial circumstances, they even wear uniforms and participate in mllitary parades. Of their own will or by force, a large number of government employes, fearful of losing their jobs, were enrolled in thse groups...
Even though they are illgal, the acts of the 'Tontons Macoute' are ratified in advance by Duvalier, who, definitely, is the highest chief and personally issues the orders....
C. Information supplied by the Government of Haiti
The Commission requested information from the Government of Haiti with
3
regard to the last complaint cited above. That Government replied as follows-:
With regard to the Civil Militia, the 'Tontons Macoutes' as they are called by the opposition, it is a patriotic organization that stands guard over the conquests of the 1957 social and popular rvolution. It was created on the day following a surprise attack in July 1958 on the National Palace and the adjoining barracks, by former officers of the Haitian Army assisted by American mercenaries who were obviously in the pay of the former Prsident Magloire. The Militia has grown into a real military organization, working side by side with the Haitian Army, in which its members receive their training. It is an loquent dmonstration of the solidarity between the people and the Army and it consti-tutes the main obstacle that stands in the way of those who thirst for power: the partisans of that class of exploiters and parasites who be-came rich by the sweat of the people, and who preferred to take the road to exile, whence it hopes to recover its privilges.
This is the explanation for the attacks, made by political exiles who have been successful in interesting certain organs of the foreign press in their cause, against the Civil Militia, the 'Tontons Macoutes' as they call it, because it is an insurmountable obstacle to their antipatriotic enterprises and must be overthrown at any cost. But the Militia is nothing more than a form of National Guard or 'Home Guard,' as the Chief of State said in an interview granted to a U. P. correspondent.
IV. Right of Asylum
A. Provisions of the American Dclaration
The American Dclaration of the Rights and Duties of Man, in Article
XXVII, establishes the following:^
Every person has the right, in case of pursuit not resulting from ordinary crimes,to seek and receive asylum in foreign territory, in accordance with the laws of each country and with international agreements.
30. Note of the Government of Haiti dated September 12, 1962, in reply to the Commission's request for information contained in its note dated April 5 of the same year.
31. A similar right is established in Art. ik (pars. 1, 2) of the Universal Dclaration of Human Rights.


-2k-
It is appropriate to point out, also, that Haiti is a party to the following inter-American conventions on asylum: Convention on Asylum, signed at Havana at the Sixth International Confrence of American States, 1928; Convention on Political Asylum signed at Montevideo at the Seventh International Confrence of American States, 1933; Convention on Diplomatie Asylum signed at Caracas at the Tenth Inter-American Confrence, 1954, and Convention on Territorial Asylum signed at the same confrence at Caracas.
B. Cornplaints regarding violations of the right of asylum in Haiti
The cornplaints contained in the communications received by the Commission with respect to the above-mentioned human rights consist in the allgation that the Government of Haiti has refused to comply with the obligations freely undertaken in the aforementioned conventions by refusing to grant the corresponding safe-conducts to the persons who had taken asylum in the diplomatie embassies. and lgations accredited to that Government.
The pertinent parts of the communications and cornplaints received are described below:
32
1. A cable sent to the Commission on March 23, 196l, states:
Haitian university students denounce dictatorial oppression by Haitian Government in closing the university and various seondary schools. Similarly, we protest bad treatment of students and the refusai to grant them and others visas. We asylees stand with them and support their heroic action.
2. Together with a communication dated July 13, 19&3 a copy was sent
to the Commission of a cable addressed to the Minister of Foreign Affairs of
33
Brazil, in which it is stated:
32. Complaint No. 15 in the files of the Commission. Second Session. 33 Complaint No. 20 in the files of the Commission. Seventh Session.


-25-
Alarmed by the unjustified and abusive prolongation of the stay in the Brazilian Embassy of the Haitian officers who were given asylum there three months ago, their families earnestly request the Brazilian Foreign Ministry to intensify its efforts to obtain the immdiate de-livery by the Haitian Government of the safe-conducts necessary for their departure from Haiti, in accordance with the treaties in force.
Thse families respectfully call your attention to the dangers to the security of thse asylees, who hav been condemned to death by dcision of a military tribunal, that arise from their stay under diplomatie protection, for the Government of Haiti shows little concern for respecting diplomatie privilges and immunities as is evidenced by the violation of the premises of the Dominican Embassy in Port-au-Prince on April 26 by police forces of Duvalier in search of political refugees.
V. Right to Vote and to Participate in Government
A. Provision of the American Dclaration
Article XX of the American Dclaration of the Rights and Duties of
34
Man' makes the following provision:
Every person having lgal capacity is entitled to participate in the government of his country, directly or through his reprsentatives, and to take part in popular lections, which shall be by secret ballot, and shall be honest, periodic, and free.
B. Cornplaints of violations of the right to vote and to participate in government in Haiti
The cornplaints contained in the communications received by the Commission with respect to the human right mentioned above consist of the following:
a. That the exercise of the right of suffrage has been restricted
in Haiti;
b. That ail of the political parties in opposition to the government have been eliminated;
54. A similar right is established in Article 21, nos. 1, 2, and 3 of the Universal Dclaration of Human Rights.


26-
Co That the government of Prsident Duvalier called parliamentary 35
lections in violation of the Constitution of the country, and that the unconstitutional extension of the term of Prsident and the establishment of a de facto System v/ere the resuit s of those lections; and
d That national opinion, was not genuinely and freely represented in those lections, since only candidates of the government party were per-mitted to register.
Following are the pertinent portions of the communications and cornplaints received.
1. In a complaint presented in January 1962 by the Colombian Committee
36
on Aid for the Liberation of Haiti, the following appearss"^
Duvalier, like the Congress of Haiti, has two more years in office. Surprisingly Duvalier, in April of last year, dissolved Congress and called new lgislative lections. Only one party, the Governmental Party, participated, since ail other parties are illgal. And to the surprise of the voters on lection day the name of Duvalier appeared on the ballots as Prsident, and this despite the fact that the presi-dential lection is set for April 1963.
The purpose of this request is to protest... against the constant trampling by the government in Haiti of the principles inscribed in the Uni.:/ersal Dclaration of Human Rights and the Dclaration adopted at the Ninth International Confrence of American States, at Bogota, in 19^8, and to request of that Organization that a prompt investigation be made of the violations complained of and the dictatorial structure of the rgime of Duvalier, in the name of democracy and of justice.
2. In a complaint received by the Commission, the following ideas are
37
set fortb with respect to the constitutional problem of Haiti:
Ail of the lgal standards of a country rank below the Constitution ..-.iC -'-'ory acr, that tends to modxfy or repeal the Constitution must be submitted to the control thereof and its legality must be verified by a comptent authority distinct from the executive authority that is seeking to perform the unconstitutional act, for the purpose of annul-ling cr paralyzing the act in question. This is the principle whereby laws that are contrary to the constitution must be declared null and void; and this principle is set forth in Article 38 of the Constitution of Haiti. Therefore the Decree of April 7, 1961, is null, since Prsident Duvalier prolongea his term of office by means of this decree
35. Decree of April 7, 1961. Le Moniteur, April 7, 1961.
36. Document 715 cited, Fourth Session.
37 Complaint No. 40, in the files of the Commission. Sixth Session.


-27-
through an untimely parliamentary lection. The fact is that a de facto and tyrannieal -government exists, based upon a usurpation of power condemned in Articles 99 and 100 of the Constitution, which established presidential lections for the second Sunday in Febru-ary 1963....
The Government of Haiti conforms entirely with the dfinition of a de facto government, with which, by its own conditions, it is identified in national and international opinion.
3. A complaint presented in February 1963 contains the following.^
On April 7, 1961, the Prsident of Haiti, Franois Duvalier, issued a decree convoking the primary assemblies for the purpose of electing a Lgislative Chamber. The people, in fact, met for those lections and chose their deputies. But at the same time the people-this is what the government prtends to say and what national and international opinion is led to thinkelected Prsident Duvalier for a second six-year term. Thus the Prsident of Haiti has been elected for a second term before the end of the prsent one. To the great surprise of the nation the people, without knowing it, had elected a prsident for another term by means of lections prescribed by Article 127 of the Constitution, which states: 'The Primary Assemblies meet every six years upon convocation by the Executive, or by its own right in default of such convocation, in each Commune, on the second Sunday in February in the manner provided by law for the lection of Communal Councilmen, members of the Lgislative Corps, and Prsident of the Republic.'
First Objection. Violation of Articles 51 to 87 of the Constitution. Illegality of the Decree of April 7, 1961. Abuse of Power. Article 51 states: 'The members of the Lgislative Corps are elected for six years and are eligible for rlection indefinitely. They begin their terms on the second Monday in April in the year of their lection, un-less elected to fill a vacancy. In the latter case they take office as son as elected, to remain only for the rest of the term.'
This text clearly shows the cyclical nature of the lectoral acts; that is, that this kind of lection cannot be. held in Haiti more than once every six years, since Article 127 does not allow such Assemblies to be convoked for a diffrent question, with the exception of partial lections. Thus the lections convoked for April 30, 196l, were unconstitutional; the elected deputies who began their terms in May 1961 are there by virtue of unconstitutional force and power, since the date set aside in the Constitution for new lections, both in the Permanent Provisions and in the Transitory Provisions, was the second Monday in April 1963.
38. Complaint No. 2, in the files of the Commission. Sixth Session.


-28-
Second Objection. Violation of Articles 87 and 91 of the Constitution! Article 87 reads as follows: 'The presidential term of office is six years, and this term begins and ends on May 15 without it being possible for the Chief of the Executive Power to perform his functions one day longer...' The terms of this text are clear and prcise, as well as imperative, in reaffirming 1;hat any rlection or extension of term is null.
1 39 k, The following is from another complaint:
Deputies and Senators, despite their parliamentary immunity, were not saved from the hostility of Duvalier. Pursued in the middle of the night, many of them were arrested or had to seek asylum in some embassy. Their only crime was to oppose, sometimes in Parliament, certain dcisions of the Executive. Finally, in flagrant violation of the Constitution, Duvalier dissolved the Lgislative Corps and created in their place a lgislative body composed of deputies selected in dis-graceful sham lections. A nbtorious fact: some days after the installation of the new Duvalier deputies, their duties were taken away from two of them because they had the civic valor to protest against a bill.
5. The following with regard to the prsent Government of Haiti and its
ko
organxzatxon is taken from one of the cornplaints:
The Government of Duvalier is manifest in the systematic dniai of freedom of expression, the basis and foundation of dmocratie institutions, in the violation of the principles established in the Universal Dclaration of Human Rights, in the usurpt ion ofofficial agencies for the enrichment and benefit of his clique, in administrative dishonesty, peculation, and theft of public funds, in the intervention and corruption of the labor movement, the suppression of political parties, perscutions and torture of enemies of the rgime, jailing of opposition members, exile of opposition members and the violation of their daughters, increasing unemployment and poverty arising from a survival of a pseudo-feudal economy subject to the interests of the bailiffs, partisans of the government.
C. Information furnished by the Government of Haiti
On September 12, 1962, the Government of Haiti sent the following information to the Commission regarding the points mentioned in the foregoing sectxon:
39 Complaint No. 12, cited. First Spcial Session. kO. Complaint No. 71, cited. Fourth Session.
kl. Note from the Government of Haiti, dated September 12, 1962, in reply to the request for information by the Commission contained in its note of April 5 of the same year.


-29-
To the allgations concerning the six-year mandate conferred upon Prsident Duvalier we oppose the fact that according to our Constitution, the national sovereignty rsides in the Haitian people, who are the sole judge in such matters. They have conferred a new six-year mandate on His Excellency the Honorable Prsident Franois Duvalier because they have judged him worthy of it. His Excellency, the Honorable Prsident Duvalier could only bow to the expression of the popular will, which was manifested spontaneously, contrary to the pretensions of a malcontent and stateless minority that finds no audience in the Haitian people, and which has seen fit to go into exile, systematically ignor-ing the appeals of the prsent Haitian Government for national unity.
The Prsident of the Suprme Court emphasized this very well in his address on May 22, 1962, the text of which is as follows:
ADDRESS BY MR. ADRIEN DOUYON, PRESIDENT OF THE SUPREME COURT, AT THE RECEPTION GIVEN BY THE UNIVERSITY OF HATI
ON MAY 22, 1962
The rcent law that made the twenty-second of May the Day of National Sovereignty and Gratitude is very timely.
We are living in an era of the triumph of the right of peoples to govern themselves. Africa is no longer a vast collection of European colonies. Imperialism is retreating in Oceania as well as Asia. A goodly number of American territories still subject to extracontinental powers will soon gain their independence. The fact is that the funda-mental principles of the law of nations are established by the charters of the principle international organizations and that the intervention of one state in the internai affairs of another is definitively prohibited.
America especially has become the chosen land of freedom. Up to now, it has inspired ail the plans for organizing the world according to standards compatible with the dignity of man. It proclaims the equality of individuals, races, nations, and states. It has made the principle of nonintervention, so dear to our civic-minded people, the principal lment of its prestige. It is America that has prescribed in the Treaty of Havana, called the Bustamante Code, that constitu-tional rules are of the international public order.
Now, Article V? of our Constitution stipultes that 'the national sovereignty rsides in ail the citizens.* It is not subject to any lgal provision. It is not limited by the sovereign rights of foreign states. It may set up or overturn governments as it pleases, even change the form of government without anyone being able validly to oppose to it either acquired rights or tradition.
Moreover, constitutions are the most fragile of laws. Their organic and political provisions fall before a rvolution or even a simple coup d'tat not followed by a counter rvolution. For stronger reasons, they are eclipsed by the regular expression of the popular will.


-30-
The months of April and May 196l will henceforth be considered among us as the epoch of the most sparkling triumph of the national sovereignty. Important events occurred then that have brought the complte fall of the transitory provisions of the Constitution of 1957 which had become outdated and devoid of purpose.
Articles B and C pf those provisions were not readily viable. They constituted a flagrant violation of the rights of the people, establish-ing an intolrable usurpation of powers to the profit of the Deputies elected under the rule of the lectoral decree of August 28, 1957 of the Military Council of Government. They imposed an inadmissible delay of two years on the application of the permanent provisions of the fondamental law. The exercise of lgislative power by the two houses elected September 22, 1957 had to be limited to the term of office of the Deputies, after Article 48 of the Constitution had decided that the lgislative power should meet in a single assembly called the Lgislative Chamber.
The Prsident of the Republic, charged by Article 90 of the funda-mental law with seeing that the Constitution is carried out and who had taken the oath to respect the rights of the people could not do otherwise than take cognizance, by the Decree of April 7 19&1, of the expiration of the term of office of the Deputies and of the nullity of that of the Senators of 1957, thus agreeing with the opinion of some of the interested parties themselves and the advice of the most eminent jurists.
Even if, in theory, one would have been justified in putting the permanent provisions of the Constitution of 1957 on the same footing, it is a fact that, in electing the members of the Lgislative Chamber on April 30, 19&1, the Haitian people, in the full exercise of their sovereign rights, ratified the step taken by the Executive Power in the Decree of the seventh of that month.
The lection of April 30, 196l, had an important resuit, the lection of Citizen Dr. Franois Duvalier to the Presidency of the Republic, showing that the nation is fully aware that the temporary dlgation of the exercise of sovereignty to the three powers of the state offered no obstacle to the direct use by the people, then and at any time, of their constitutional prrogatives. For if it can unleash a rvolution and carry it to a good end, if it can, by its silence and inaction, ratify a coup d'tat, then by greater reason it can substitute a new presiden-tial mandate for the presidential mandate in progress. Article 127 of the Constitution establishes the right of the people to elect, upon convocation or by their own right, the members of the Lgislative Chamber and the Prsident of the Republic. The lection of April 30, 1961, is in ail respects in accordance with the principles of constitutional law and the fundamental law.
Reread the Decree of May 14, 196l, of the National Assembly, pay attention to its many considrations of a political, lgal, and constitutional nature, and you will appreciate the perfect propriety of the lections of the preceding April 30 and the obligation that the Central


-31-
Bureau in charge of Elections had to proclaim Citizen Dr. Franois Duvalier Prsident Elect of the Bepublic, and that which the National As-sembly had to invite this citizen to take the oath provided for in Article 89, prior to the exercise of a new mandate of six years in accord-ance with Article 87 of the Constitution.
There remained, of course, the dcision of the Prsident Elect. His acceptance of the resuit of the lection was indispensable to the com-pletion of the steps taken by the people. If he had had the intention of seeking a second full presidential term, or if he had decided to withdraw at the end of his first term, to accept this resuit would have been for him to lose thse alternatives. For he would either have suffered an unexpected rduction of his first term or he would have as-sumed accrued responsibilities. To the great joy of the immense ma-jority of his fellow citizens, he submitted, on May 22, 1961, to the dictate of the will of the people, thus assuring the full triumph of national sovereignty.
One cannot fail to recognize and proclaim the perfect lgal propriety and constitutionality of the actions taken in April and May I96I by the Chief of State, the Haitian people and the National Assembly. A lgitimt e government was created, a dejure government that, after one year under the aegis of the permanent provisions of the fundamental law~~the only ones that will henceforth be in forceensures the advance of the nation towards light and progress through timely lgislative and executive measures. This is the reason why the Day of Sovereignty was also proclaimed as the Day of National Gratitude.
This is the day for renewing our warmest congratulations to His Excellency the Prsident and our cordial wishes for the consolidation of peace, the strengthening of ail his work of national importance under the administration inaugurated on May 22, 1962.
VI. Right of Assembly and of Association
A. Provisions of the American Dclaration
Articles XXI and XXII of the American Dclaration of the Rights and
Duties of Man provide as followss
Article XXI. Every person has the right to assemble peaceably with others in a formai public meeting or an informai gathering, in connection with matters of common interest of any nature.
Article XXII. Every person has the right to associate with others to promote, exercise and protect his legitimate interests of a politi-cal, conomie, religious, social, cultural, professional, labor union or other nature.
^2. Similar rights are established in Article 20 of the Universal Dclaration of Human Rights.


-32-
B. Complaints of violations of the right of assembly and the right of association, in Haiti
The cornplaints contained in the communications received by the Commission with respect to the aforementioned human rights consist of the following.
a That the rights of assembly and of association have been sup-pressed in Haiti, by express action of the government; and
b. That even simply family meetings are subject to the control of the state. Transcribed below are the pertinent portions of communications and cornplaints received:
kk
1, An express complaint:
By a decree of the Ministry of the Ihterior and Dfense, of November 22, i960, the right of assembly and of association was suppressed in Haiti. In reaiity such a measure was unnecessary, since every political, cultural, scientific, or merely social meeting had, in practice, ceased to exist with the reign of terror now prevailing.
Life in its social and conomie aspects is so shaken that the capital seems like'a'dead city; the people are afraid. Even family gather-ings are disapproved by the government, which directs that any house where more than ten persons are gathered be guarded. One example will suffice to show the police state that is now Haiti: the prfecture of Cap-aitien, following the example of Port-au-Prince, announced re-cently, under the pretext of looking out for good manners and seeing that they are observed, that some spcial inspectors would hence-forward secretly exercise the right of control over the family parties, friendships, relations, and visits of every citizen... Trujillo him~ self had not gone that far. :K
45
2. it is pointed out in another complaint that: -
On November 22 the government decreed the dissolution of ail associations of young people, as well as those of employes o- the National Bank of Haiti. The Teachers Association also was later dissolved.
43* Decree of November 22, i960. Le Moniteur, issue of November 23, i960. kk. Complaint No, 12, cited. First Spcial Session. 45. Complaint No. 49, cited. Fifth Session.


-35-
VII. Right to Rsidence and Movement
A. Provision of the American Dclaration
The American Dclaration of the Rights and Duties of Man provides
the following in Article VIII:
Every person has the right to fix his rsidence within the terri-tory of the state of which he is a national, to move about freely within such territory, and not to leave it except by his own will.
B. Complainte regarding violations of the right to rsidence and movement in Eaiti
The complaints contained in the communications received by the Commission with respect to the human right mentioned above consist of the followings
a. That the Haitian Government has refused to permit the return to that country of Haitian nationals who expressed their intention of re-turning to their country to the proper authorities thereof, and requested of thse the issuance of a passport or documents needed for making the return referred to;
b. That the Haitian Government has also denied Haitian citizens who wish to leave that country the necessary exit permit; and
c. That there is a considrable number of Haitian citizens resid-ing outside their country against their will.
There follow the pertinent parts of communications and complaints receiveds
1. A complaint presented to the Commission on January 7, 1962, states the followings
*f6. A similar right is established in Article 12 of the Universal Dclaration of Human Rights.
47. Complaint No. 72, in the Files of the Commission. Fourth Session.


-3h-
Completely ruined and tired of ray life as an outcast, I wish to retum to Haiti to begin again my career as a lawyer.
I therefore requested the passport and visa, by letter and by cables sent to Prsident Duvalier, both directly to him and through the Haitian Consulate in Santo Domingo. After seven months of waiting I received a reply saying that Mr. Duvalier had refused to issue the document to me, in violation of the provisions of the Dclaration of Human Rights. Onder thse circumstances I ask you to help me....
2. The following appears in a communication dated April 30, 1962:
In my capacity as former Delegate of Haiti to the Organization of American States, I ask the help and assistance of ail the reprsentatives of dmocratie governments of member states of the OAS in re-questing the Government of Haiti to issue my wife the proper exit permit so that she may join me in Caracas.
Since the time of my departure and up to the prsent time, ail efforts on my part to obtain a permit for my wife to leave Haiti have been useless, and for that reason I have decided to request assistance from the OAS, since I consider this to be an abuse by the tyrannical Government of Haiti....
3. A complaint presented in December 1962 states:
There are at prsent more than ten thousand Haitian political exiles in the following republics: Venezuela, Mexico, the United States, Guatemala, Jamaica, Colombia, and other countries, including African republics such as the Congo, Mali, and Guinea. Thse exiles include newspapermen, students, politicians, and labor union members.
vis must recognize that the Embassy of Venezuela in Haiti has dis-tinguished itself by the welcome it has given to those fleeing from Duvalier. From 1958 to the prsent time, over 100 Haitians have found asylum in this Embassy. That is the government that has also declared itself categorically against the Government of Duvalier,
C. Information furnished by the Government of Haiti
The Government of Haiti was asked to supply information with respect
to the complaints given under numbers 1 and 2 of Section B of this chapter
50
That government replied as follows:
*f8.' Complaint No. 12, in the files of the Commission. Fifth Session.
49. Complaint No. 12, cited. First Spcial Session.
50. Note of the Government of Haiti, dated September 12, 1962, sent in reply to the requests for information sent by the Commission in the notes of April 3 and May 22 of the same year.


-35-
Concerning the spcifie cases of Mr. Alfred Viau and Mrs. Gustave Borno, in the interest of truth it should be remembered that s
1. Mr. Alfred Viau lived for fourteen years in the Dominican Republic, and everyone is aware of the aggressions of ail kinds by that country against Haiti during the "Era of Trujillo,' especially during the year 1937 and those extended from 1946 to 1950. Witness a complaint by Haiti against that republic, presented to the OAS in 1949. At the time, Mr. Alfred Viau was serving the cause of that aggressor country against his native land, trampling under foot the natural sentiments that patriotism should have inspired in him. This was a flagrant position for him to take, a public renunciation of Haitian nationality.
Moreover, Mr. Viau has, without the consent of the Haitian Government, occupied public offices in the Dominican Republic, notably chairs of French in the University of Santo Domingo.
Article l8 of the Haitian Civil Code, Cnapter II, "On loss of citi-zenship,' provides, in paragraph 4s
"Haitian citizenship is lost by acceptance of public functions conferred by a foreign government and by any service whether in the troops or on board a vessel of a foreign power.'
From the foregoing it follows that the Haitian Government is ful-ly within its rights in refusing entry into the country to Mr. Alfred Viau, who is no longer Haitian, and whose prsence in Haiti, in view of his earlier activities, could only constitute a threat to the peace and to public safety.
On the subject of Mrs0 Gustave Borno, no request for an exist visa has ever been made to the Haitian Immigration Department, in the sens of the complaint of Mr. Gustave Borno. The latter, who voluntarily took asylum in the Embassy of Mexico, has already enjoyed a- safe-conduct from the Haitian Government, which moreover is ready to grant Mrs. Gustave Borno0s request for a visa as soon as it is made.
VIII. Right to Education and to the Benefits of Culture
A. Provisions of the American Dclaration
Article XII of the American Dclaration of the Rights and Duties of
51
Man establishes the following.
51. A similar right is established in Article 25, pars. 1 and 2, of the Universal Dclaration of Human Rights.


-36-
Every person has the right to an ducation, which should be based on the principles of liberty, morality, and human solidarity.
Likewise every person has the right to an ducation that will prpare him to attain a dcent life, to raise his standard of living, and to be a useful member of society.
The right to an ducation includes the right to equality of oppor-tuntiy in every case, in accordance with natural talents, merit and the dsire to utilize the resources that the state or the community is in a position to provide
Every person has the right to receive, free, at least a primary educationo
B. Complaints involving violations of the right to ducation in Haiti The complaints contained in the communications received by the Commis-sion with respect to the aforementioned human rights are that ducation in the Republic of Haiti is strictly controlled by the state, and that the prsent government has established an officiai university, where students are required to prsent a political background and vidence of their adhrence to the government of Prsident Duvalier in order to be able to enjoy the right to register. Moreover, the Commission has been informed that the facul ty has been reorganized te include sympathizers and militants of the government party.
Herewith are presented the pertinent portions of the communications and complaints receiveds
52
lo One of the complaints states as followss
The National Union of University Students and Young People was dissolved because of a threat to strike, and hundreds of students from u'civersities, secondary schools, and others were arrested and tortured. Today only the followers of Duvalier are admitted to the University. Thcse desiring to be registered must be provided with a police certifi-cate showing their political background. Teaching has been Duvalierized ail of the instructors' were recruited from among fanatics. Those who showed the slightest trace of doubt were thrown out and persecuted by the police.
52. Complaint No. 12, cited. First Spcial Session.


-37-
2. The following is from a communication presented in February 1963.-
Last week two students were killed, others wounded, and many more seized and tortured. The directors of two Catholic schools were arrested and several schools were closed.
5k
3. The following quotation is from still another complainte
On the l6th it was decreed that the University of Haiti be dissolved and a new State University created, at which students may not be ad-mitted unless they first swear an oath of loyalty to the government. That decree stipulated severe penalties for students who continued to strike and against their parents, who were punished by a fine of up to 2,000 gourdes, six months in jail, and even confiscation of their property unless they forced their children to attend the schools.
Santiago, Chile, October 21, 1963
(s)
Manuel Bianchi, Chairman
(s)
Gabino Fraga, Vice Chairman
(s)
Angela Acuna de Chacn
(s)
Gonzalo Escudero
(s)
Reynaldo Galindo Pohl
(s)
Daniel Hugo Martins
(s)
Durward V. Sandifer
53 Complaint No. 33, cited. Sixth Session.
5k Complaint No. 4-9, cited. Fifth Session.
CDH/35I