Citation
Violations of human rights in Haiti, June 1981-September 1982 : a report to the Organization of American States / by the Lawyers Committee for International Human Rights

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Title:
Violations of human rights in Haiti, June 1981-September 1982 : a report to the Organization of American States / by the Lawyers Committee for International Human Rights
Publisher:
N.Y. : The Committee, c1982
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English

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General Note:
4-tr-LCIHR-1982
General Note:
Hooper, Michael S

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Columbia Law Library
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THE LAWYERS COMMITTEE FOR INTERNATIONAL HUMAN RIGHTS .36 WEST 44TH STREET, NEW YORK, NY 10036, (212) 921-2160


VIOLATIONS OF HUMAN RIGHTS IN HAITI

JUNE 1981 SEPTEMBER 1982






A REPORT
TO THE
ORGANIZATION OF AMERICAN STATES by the




LAWYERS COMMITTEE FOR INTERNATIONAL HUMAN RIGHTS


NOVEMBER 1982

..


..
















VIOLATIONS OF HUMAN RIGHTS IN HAITI

JUNE 1981 SEPTEMBER 1982





A REPORT
TO THE
ORGANIZATION OF AMERICAN STATES by the





LAWYERS COMMITTEE FOR INTERNATIONAL HUMAN RIGHTS


NOVEMBER 1982

..












































1982 by The Lawyers Committee for International
Human Rights
36 West 44th Street
New York, New York 10036




Copies are available for $6.00 each.

..








TABLE OF CONTENTS


Page

Preface (i) Introduction Denial of Economic and Social Rights 7


Role of the Haitian Security Forces 10


The Crackdown in November 1980 and
its Aftermath 17 The Trials of 26 Political Defendants in
August and November 1981 and August 1982 19


The Persecution of Human Rights Monitors
The Haitian League for Human Rights 26


The Treatment of Political Prisoners 31

A. Prison Conditions and Torture 31
B. Detainees Held Incommunicado Without
Charge 36 Violations of the Rights of Trade Unions 40


Denials of Freedom of Expression and Press 44


The Treatment of Returnees 49


Conclusions 55 Footnotes 58


Appendices . 64

..


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PREFACE



September 22, 1982 marked the twenty-fifth

anniversary of Duvalier family rule in Haiti. During this time, Haiti's economy has lapsed into chronic depression, and over 1/7 of the country's population, now six million, has left the island. Government neglect for the rule of law, and its consistent violations of fundamental human rights, have accompanied these developments.

This report examines recent human rights violations in Haiti. Focusing on the period 1981-1982, it is updated from a report submitted to the United Nations Commission on Human Rights in August, 1982. During this period, there have been continuing reports of torture by government security forces, prolonged detention without trial and incommunicado detention. Haitian security forces continue to act without fear of trial or punishment for their actions. The Haitian judicial system offers little or no protection to the victims of abuses by these security forces: government opponents, political prisoners, labor leaders, journalists, human rights monitors and those who have been forced to return to Haiti.

Last July 13, government Ministers who had pledged to end corruption and to correct human rights abuses were collectively dismissed, and replaced by hardline Duvalier

..











loyalists. Only three weeks later, approximately thirty-five technocrats and businessmen --some associated with the reform attempts --were detained incommunicado in the Casernes Dessalines for up to two weeks. This wave of arrests is the most serious since an official crackdown of journalists, lawyers and human rights activists in November 1980. Some of the detained were associated with former Finance Minister Marc Bazin's attempt to reform government accounting procedures and to limit official corruption. While the government quietly released many of these people in late August and early September 1982, no official explanation has ever been given for their detention or mistreatment.

Previous publications of the Lawyers Committee on the subject of human rights in Haiti include:


"Violations of Human Rights,"
November 1980;
"Recent Violations of Human Rights in
Haiti," February 1981;
"Report on the August 1981 Trial and
November 1981 Appeal of 26 Political
Defendants in Haiti," March 1982.



/ See Appendix for a partial list of those persons detained
in the Casernes Dessalines.


(ii)

..










This report was researched and written by Michael S. Hooper, Director of the Haiti Project of the Lawyers Committee for International Human Rights. He was assisted by Michael Letwin, Holly Hammonds and Elizabeth Leiman.






Michael H. Posner Executive Director


November, 1982
New York, New York


(iii)

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INTRODUCTION



Since the Lawyers Committee for International Human Rights published its first report on Haiti in June 1980, conditions in this country of six million people have increasingly become the subject of international attention. Some of this concern has focused on the flight of over one-seventh of Haiti's population since Francois Duvalier, the father of the current President-for-Life, came to power in 1957. Serious concern has also been expressed over the chronically depressed state of the Haitian economy, continuing reports of official corruption, and the seeming inability of the government to responsibly absorb international financial assistance.

Both of these issues relate to the broader problem of the Haitian government's consistent pattern of gross violations of internationally-recognized human rights. After almost 25 years of Duvalier family rule, there have been few institutional changes in Haiti to suggest a move towards genuine liberalization or reform. Through a myriad of security forces, including the infamous Tonton Macoutes (officially renamed the Voluntiers de la Securite National or VSN), the government of President Jean-Claude Duvalier continues to commit broad violations of human rights and to


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disregard the rule of law. These forces continue to depend financially on a system of extortion and expropriation.

While the Haitian government has publicly

announced reforms in the past, it has never sustained a commitment to removing institutional impediments to the protection of human rights. When 19 year-old Jean-Claude Duvalier became President-for-Life in 1971, succeeding his father, he promised a program of "liberalization". Eleven years later the same impediments to progress remain in place.

There continues to be a breakdown in the rule of law under which there is no longer an effective or independent judiciary; few legal safeguards exist to protect people who fall out of favor with the government. In 1982 it is still routine practice in Haiti for a person to be detained arbitrarily without charge or any due process protections. As a result, there is little to prevent government security forces from arresting and detaining without trial those perceived to be political opponents. Those government forces also continue to resist the creation of any formal political parties or effective trade unions.

Recent changes in the government have further

undermined the prospects for the restoration of basic human rights protections. On July 13, 1982, several key cabinet


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members, including finance Minister Marc Bazin, Justice Minister Dantes Colimon and Agriculture Minister Pierre Sam, were dismissed. The sudden dismissal of these Ministers, particularly Mr. Bazin, was precipitated by their efforts to halt government corruption, to regularize and fiscalize government accounting and banking procedures, and to collect long overdue business taxes from persons close to the
1/
government. A former World Bank official, Mr. Bazin had also vowed to end "no-show" government jobs, and to eliminate "double dipping" (the practice of receiving more than one government salary). According to diplomatic sources, Mr. Bazin had alienated the government by cancelling the issue of $3.7 billion in high interest government promissory notes and by his attempts to "fiscalize" the national accounts at the Central Bank. According to one source, the Central Bank's report for 1981 shows that $15 million a month was 2/
diverted for unexplained "extra-budgetary expenses,"

The men who replaced Bazin and his associates

include several key ministers who are considered supporters of the old order in Haiti. The new Minister of the Interior, Roger Lafontant, was associated with the secret police, the Service Detectif, between 1964-1973, years during which some of the most striking human rights' abuses occurred under Francois Duvalier. Mr. Lafontant is a


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member of the National Security Council, which coordinates

the activities of the military and civilian security forces.

The new Minister of Justice, Bertoland Edouard, is

a former Minister of the Interior (1976-1978). Among his

responsibilities in that position was the administration of

Haiti's system of political prisons. During this period,

Amnesty International described Haiti's prisons in the

following terms:

.prison conditions, disease, brutality, torture and executions inevitably lead to a drastic reduction in the prison population. Arbitrary executions, starvation,
appalling hygenic conditions, disease and
torture account for one of the highest
mortality rates and most prisoners in any
country. 3/


In 1979, the Inter-American Commission on Human

Rights concluded that:


.it has been proven that numerous
people died in summary executions or
during their stay in prisons or because of lack of medical care There are
reliable indicators that many individuals were victims of torture inflicted in certain cases by the neighborhood chiefs,
both during interrogations, after
arrests, and during imprisonment. 4/


The newly appointed Minister of Public Works, Alix

Ceneas, helped supervise the construction of a "model town"

called Duvalierville from 1961-1963. The project, which was


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never completed, resulted in the mismanagement of millions of dollars in economic assistance from the United States and other international donors.

In describing his decision to replace Bazin and his colleagues with this new group of ministers, President Duvalier noted, in July 1982, that these changes were made in response to ". the requirements of a satisfactory political balance as well as (the need for) cohesion and harmony among the governmental team." The President emphasized that "we 5/
must see the strict continuity of the revolution in power."

Three weeks after those ministerial changes a new series of arrests occurred in Port-au-Prince that resulted in the detention without charge or explanation of approximately 35 persons in Haiti's political prison, the Casernes Dessalines. Well-known lawyers, engineers and economists were included among those held incommunicado and naked in isolation cells. Many of those arrested were associated with the reform efforts of former Economic Affairs Minister Marc Bazin, including former Deputy Finance Minister Leslie Delatour; Guy Malary, lawyer for the U.S. Agency for International



/ See appendix for a partial list of those detained without charge in the Casernes Dessalines.

..











Development; Felix Lamour, an engineer who has done consulting work for AID; and Herve Denis, an economist.

Several of those who were arrested reported being intimidated and generally mistreated while in the Casernes Dessalines. Mr. Delatour, for example, had his head and face completely shaved by Haitian security forces during interrogation. Many, including Mr. Delatour, have been barred from leaving Haiti. While the Haitian government has never publicly acknowledged these detentions, many of those arrested were released by the beginning of September. This wave of arrests is the most serious since the mass detentions in November 1980 that silenced most journalists, radio broadcasters, human rights activists, lawyers, and trade union organizers in Haiti.


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DENIAL OF ECONOMIC AND SOCIAL RIGHTS


In contemporary Haiti there is a striking relationship between deteriorating economic conditions and continuing violations of basic civil and political rights. Few nations in the world present an economic picture as bleak as that of Haiti. It is one of a handful of nations sometimes classified as "fourth world" because of its economic situation; the country's economic structure is not only severely underdeveloped, but is systematically worsening. Although it was once France's richest colony, Haiti is today the most desperately poor country in this hemisphere, with a per capita 7/
income of less than $235 per year. This per capita income is less than one-half of the next poorest country in this hemisphere, Bolivia. There is also dramatic income inequality in Haiti. In 1976, the top 0.4 percent of the population absorbed 43.7% of the national income, while more than 80% of the people had an average income of less than $100 per year. Ninety percent of the population live below the absolute 8/
poverty level of $140 per capita.

This situation is, at least in part, the result of

Haiti's political system. The Haitian government which tightly controls every aspect of the collection of revenues and public expenditures, has made no sustained effort to improve this


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situation. Under both Presidents Duvalier, there have been continual reports of government corruption and mismanagement of public funds. Thus, for example, a 1979 Report of the World Bank revealed that in 1977 almost 40% of all expenditures and of total revenues were channelled through special checking accounts held at the National Bank that made it virtually impossible to 10/
determine their source or eventual disposition. In 1978, it was estimated that 50% of the State's income was in unbudgeted l1/
accounts, which were presumed to end up in private hands.

Even the income that does return to the public

treasury has little effect on easing harsh economic and social inequalities. The Haitian government devotes less domestic revenue per capita than any other country in the hemisphere to such social necessities as public education, public health, or agricultural extension services. This results, for example, in a situation where only 1% of the rural population has access to
12/
safe water. According to one report there is one secondary school for every 35 prisons in Haiti, one secondary school
13/
teacher for every 189 security force personnel.

Nor has foreign aid, sent to help correct social

problems, been effective. A 1980 report of the Inter-American



*/ See, for example, a 1980 Report by the World Council of
Churches concerning the role of the Haitian government in
providing cane cutters to the Dominican Republic.9/


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Commission on Human Rights of the Organization of American States concluded that: "it is questionable whether badly needed foreign assistance programs effectively reach their
14/
targets."


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ROLE OF THE HAITIAN SECURITY FORCES


Under both Duvalier governments, a network of

official and semi-official security forces have carried out a campaign of terror against the people of Haiti. The unchallenged authority of these forces has resulted in a pattern of the most severe violations of human rights.

Francois Duvalier came to power in 1957 with the support of the armed forces. In order to secure his position, he undertook to weaken the Army by disbanding several of its sections, dismissing successive commanders-inchief, closing the Military Academy, repeatedly purging the officer Corps, and reallocating funds to his own personal security forces.

In the process, he established new security forces outside of the army that were, and have remained, intensely loyal to the Duvalier family. Francois Duvalier wrote about the most prominent of these forces, the Tonton Macoutes, in his memoirs:


This organization has only one soul: Duvalier; recognizes only one chief:
Duvalier; fights for only one destiny:
Duvalier in power. 5/


Jean Claude Duvalier repeated these words in July 1972, in describing his own relationship to the militia. Under his


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command, the security forces continue to operate with civil immunity as an arm of the government -- arresting, interrbgating, and often abusing innocent Haitian citizens. Although these forces are now more selective and sophisticated in their approach, their role remains the same; to eliminate any effective opposition to Duvalier rule.

On September 29, 1979, the twenty-second

anniversary of the Duvalier regime, President Duvalier warned the militia that it must stand ready to fight to preserve the Duvalier government, stressing its major role in eliminating unrest and instability in Haiti.


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. 16/


Currently there are several security forces

operating in Haiti. First is the volunteers for National Security (VSN) or militia. Commonly referred to as the Tonton Macoutes, the VSN was the power base of the old guard under Francois Duvalier. Officially disbanded in 1971, the VSN was only reorganized and has operated continuously for the last ten years. There are now an estimated 9,500 people serving in the VSN. They are commanded by Madam Max Adolphe,


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the wife of one of Francois Duvalier's most ardent

supporters.

As a civilian militia, the VSN are charged with

enforcing the law, particularly in rural areas. Yet, from

the beginning, these forces have been unpaid except for a few

of their highest ranking officers. They are, therefore,

dependent on their fellow Haitians for their livelihood, a

circumstance that has encouraged wide-scale corruption,

extortion and violence.


Two Macoutes came to the house and called to my husband. He went outside, following which I never saw him again. I
believe he was killed by the Macoutes,
without legal procedure or hearing.
When my husband Jacques was killed I did not protest because I was afraid. Everybody knows that this sort of thing is normal action for the Tonton Macoutes.
And after these murders and other acts of
persecution, you can cry but you cannot
say anything. 17/



The Macoutes exist to repress the people and to check on those people who say bad things about the government. They have free rein to do whatever they want. 18/



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. 19/


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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 commanders, 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.

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. 20/


In addition to the VSN, there are several other

government-controlled security forces. These forces may also

be referred to colloquially as "Macoutes". The Military

Police, under the command of the Army General Staff, number

approximately 3,000, and they perform a general surveillance

and information recording function. The Presidential Guard

of approximately 700 "elite" soldiers, is commanded by

General Garcia Jacques and reports directly to the President.


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The Presidential Guard is responsible for monitoring the activities of all the other security forces.

The Leopards are a battalion of 650 "elite"

soldiers who were originally organized by the U.S. Marine Corps Mission and who act as the well-paid shock troops of the President. They are commanded by Major Luc Cabrol of the Presidential Palace. The Haitian Armed Forces, commanded by [General Saint Albin], are not involved in the most sensitive political matters, but are the second largest security force after the VSN. Currently there are almost 3,000 army members stationed in Port-au-Prince alone.

The Police Rurale number approximately 4,000,

are salaried at a minimal level and stationed exclusively in rural areas. Their command structure is highly centralized from Port-au-Prince and they work closely with the VSN in matters affecting the "security of Haiti."

Perhaps the most feared of the Duvalier security forces are the civilian secret police, known as the Service Detectif, who are based in the Casernes Dessalines and Presidential Palace in Port-au-Prince, and whose command structure includes military officers. These approximately 300 officers and agents are responsible for the detention and interrogation of all persons suspected of political offenses.


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Colonel Albert Pierre and Major Emmanuel Orcel direct the

operations of this group, also referred to recently as the

Investigation Commission (Commision d'Enquete).

One political prisoner, who was released in 1981,

describes his treatment by the Service Detectif under Colonel

Pierre's command:


They took me into the little room next to
Colonel Pierre's office and hit me very
bad so that I fell down, then they kicked
me in my ribs about 20 times until I
almost fainted. They put me in what is
known as the "Jack" position. They
pulled my knees through my handcuffed
arms and passed a long stick between my
knees and arms. They lifted me up and
suspended me between two desks and
started to beat me with clubs. I begged them to stop and finally lost consciousness. When I woke up I couldn't open
my eyes and could hardly move. I'm not
sure where I was, but by the next morning
I was back in my little cachot, or
isolation cell. I should also tell you
that the officer in charge of interrogating me was Lieutenant Montdesir and
one of the men who actually put me in the
Jack position and beat me was known as
"Marron." 21/


In addition to the harsh treatment they reserve

for those Haitians perceived to be "political opponents"

of the government, the security forces also sow terror in the

lives of everyday working people, the "sans-nom" of Haiti.


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In Port-au-Prince the security forces extort excessive taxes from small merchanges or seize their merchandise. Haitians interviewed- report that Macoutes sometimes simply enter stores and take what they want while refusing to pay. If protection money is not paid to the Macoutes, small merchanges or vendors may have their stocks destroyed or their stands overturned.

In the countryside, where 80% of Haiti's population resides, security forces extort cash or crops, and seize land with virtual impunity. Recently, there have been numerous reports of persons aided by the security forces dispossessing subsistence peasants in the Artibonite Valley to consolidate their land to grow cash-crops for export. It goes without saying that in rural areas there are no legal or other institutional protections for peasants who have been aggrieved by the security forces. Resistence to demands of the security forces, whether for cash, goods, crops, or personal favor will only bring greater difficulties and arbitrary punishment.


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THE CRACKDOWN IN NOVEMBER 1980 AND ITS AFTERMATH


On November 28, 1980, the Haitian military police undertook the mass arrest of perceived opponents of the Duvalier government. Within several days, more than 100 persons were detained and imprisoned without explanation or formal charges. All of those who were arrested were initially held incommunicado and none were allowed access to lawyers or visitors. Following their arrests, these people were first taken to the Casernes Dessalines for interrogation. In early December 1980, sixteen of these detainees were forcibly exiled from Haiti without ever having been charged with any crime or given any explanation for their imprisonment or expulsion.

These arrests in 1980 virtually silenced all independent journalistic voices, forced human rights advocates underground, crushed an informal and infant trade union movement, and seriously threatened the few lawyers who had been willing to represent clients in politically sensitive cases. Also arrested were Haiti's only opposition political leaders of national reputation: Maitre Gregoire Eugene, leader of the Social Christian Party and publisher of the monthly periodical, Fraternite; and Sylvio Claude, leader of the Haitian Christian Democratic Party (PDCH).


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Approximately 39 other sympathizers of the PDCH were also arrested, including: Raoul Acean, Ebenezer Jean, Ernst Benjamin, Augustin August, and Jacques St. Lot. Although some of the arrested were eventually charged and tried in August 1981, a number of those arrested in November 1980 are still held in the National Pententiary without charge or explanation.

Claude's arrest was his fourth in twenty-one

months. The first arrest, in Feburary 1979, followed his announcement that he would run for the Legislative Assembly in Haiti's first election in twenty-two years. While he was detained Claude was severely beaten and tortured with electric shock treatment. During his recent confinement, and despite international attention regarding his case, Claude was continuously denied access to his attorneys from the Haitian League for Human Rights. During his confinement, he was again subjected to repeated physical abuse, and was generally detained under degrading conditions.


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THE TRIALS OF 26 POLITICAL DEFENDANTS IN AUGUST
AND NOVEMBER 1981 AND AUGUST 1982


Article 17 of the Haitian Constitution provides:

Individual liberty shall be guaranteed.
No one may be prosecuted, arrested, or
detained except in the cases determined
by law and in the manner which it
prescribes.

Article 17 also provides:

No one can be kept under arrest more than forty-eight hours unless he has
appeared before a judge who is assigned
to rule on the legality of the arrest and the judge has confirmed the arrest
by a decision giving reasons. 23/


Article 8 of the American Convention on Human

Rights states:


Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent and impartial tribunal, previously established
by Law, in the substantiation of any accusation of a criminal nature made
against him or for the determination of
his rights and obligations of a civil,
labour, fiscal or any other nature. 24/


On August 26, 1982, nearly nine months after the

mass arrests of November 1980, the government of Haiti

brought 26 persons to trial before Judge Menan Pierre-Louise

in the Central Courthouse in Port-au-Prince. Eleven of the

defendants were members of the Haitian Christian Democratic


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Party (PDCH) including its president, Sylvio Claude. Two others were journalists imprisoned during the mass arrests of
*1
November 1980. They were charged with the following political crimes:

1. Conspiracy against the interior security
of the Haitian state (Articles 63-67,
Penal Code of 1961; and

2. Voluntary arson (Article 356 of the
Penal Code). 25/


The trial, which violated a number of procedural rights guaranteed by the Haitian Constitution and international law, lasted for nineteen hours on a single day and night. All of the defendants were convicted on both charges at 5 a.m.; 22 of the defendants were sentenced to fifteen years of hard labor, and the other four sentenced to one year in prison. The Haitian League for Human Rights labeled the verdict a "judicial scandal of unbelievable proportions," charging that no credible evidence had been 26/
presented by the government.

On February 26, 1982, the Court of Appeals

announced that it had overturned and annulled the lower court's decision due to procedural flaws and a technical sentencing error. The retrial of the remaining twenty-two



*/ For a more complete account of the August trial, see A
Report on the August 1981 Trial and November 1981 Appeal, 26 Political Defendants in Haiti, Lawyers
Committee for International Human Rights, March 1982.

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defendants -- whose date was never publicly announced, despite repeated requests from the defense lawyers and international legal organizations -- took place on August 27, 1982. It occurred in an atmosphere of armed intimidation, with up to 60 security police armed with rifles and submachine guns in front and inside the court. Many of the family members of the accused were barred from the courtroom, and one of Sylvio Claude's sons was physically thrown out of the court in the presence of an international legal observer. According to members of the Port-au-Prince Bar who attended the trial as observers (but who did not represent any of the parties), the vast majority of the men who packed the large courtroom were security force members or their relatives and friends, all dressed in civilian clothes. Their obvious familiarity with the uniformed guards, and possession of barely concealed handguns, tended to confirm this theory. Defense lawyers were instructed not to exercise their pre-emptory challenges of prospective jurors because the defendants felt that all were closely allied with the government.

All of the defendants were accused of "conspiracy to set fires in a variety of places with the conscious objective of overthrowing the government," and there was no direct evidence against twenty of the defendants. There was


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only limited hearsay evidence against Claude, and direct but highly suspect evidence against defendant Michele Francois.

The chief witness for the prosecution, Sargent Alexandre Le Montagne of the Haitian Military Police, testified that he came upon a small, easily extinguished fire outside a school. He claimed that an unidentified member of the crowd rushed up and told him "the fire was set by Sylvio Claude and his clique.' (As Claude later pointed out, the police records show that he was in prison at the time.) A second witness, Wilder Theodore, who testified against Francois, admitted that he had himself helped set the fire, that he was a paid employee of the Service Detectif Casernes Dessalines, Haiti's secret police, and that he had been instructed to infiltrate the Christian Democratic Party to gain evidence.

The prosecution presented three strands of evidence to support its conspiracy charge. The first was a witness who testified he saw several of the defendants entering a private home "many times." He did not specify which defendants or identify them by name. He had no idea what they were doing in the home. He also testified that he had seen a defendant named Jacques Bertulien, whom he claimed to know *intimately," painting an anti-government poster. But he was unable, when pressed, to identify Bertulien.


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The second witness testified that he had seen


several defendants entering a private home. He also failed

to give specific descriptions of the defendants, except to

name Jaques Dominque, whom he said was a neighbor he knew
*/
well, but later failed to identifyWith the third strand of evidence the prosecution

sought to prove that the defendants planned to hold an

illegal public assembly. The attorney presented a letter

Marie France Claude had openly written to the police

requesting permission to hold a public assembly to protest

the incarceration of her father. Under Article 31 of the







*/ He did not know what went on in the home but testified
that later, when he saw on TV that the defendants had
been arrested, "I said to myself, they were doing
something political." A defense lawyer asked him to
identify Dominique, and he blurted out, as if coached,
"he's wearing a blue shirt.' The lawyer pointed out
that three defendants were wearing blue shirts and asked the witness to specify which of the three was Dominique.
The witness said, "I don't have to answer." The lawyer
then asked one of the blue shirted defendants to stand
and asked the witness 'is this Domonique?". The witness
was obviously flustered and unsure. Just as he was
about to blurt out an answer, the prosecutor jumped to his feet, seized a microphone, and shouted "That's not
him! Don't answer!" The defense lawyer asked the judge
to censor the prosecutor and to order him to cease his
constant interruptions of defense cross-examinations,
but the judge simply turned to the witness and told him
he was excused.


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Haitian Constitution, "public gatherings" are entirely 27/
subject to police regulation," and the police had not granted permission for a public assembly since 1968. Permission was denied, and although the assembly was therefore never held, the prosecution seized on her request as evidence that all the defendants were conspiring to hold an illegal demonstration whose purpose would have been to incite revolt and to overthrow the established government. Sylvio Claude pointed out that he was in prison, incommunicado, when the letter was written, and it was not likely he had conspired before his arrerst to plan a demonstration protesting his incarceration.

The government prosecutor also asked the jury to find Sylvio Claude alone guilty of publishing a newspaper which "incited the citizens to revolt against their government." He offered as evidence a photograph from an exile organization in Caracas, Venezuela, that pictured President-for-Life Duvalier alongside seven leaders of dictatorial regimes, together with a captain that asked: "For How Long?" Under Article 33 of the Haitian Press Law, only the author, editor, printer or publisher of a "subversive" article can be convicted. As the defense lawyers pointed out, Sylvio Claude fit none of those categories, and there


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was literally no evidence or even an official claim that he did. Additionally, his daughter, Marie France acknowledged sole responsibility for the publication.

Throughout the trial, the government prosecutor shouted down the defense lawyers and the defendants. The government prosecutor also frequently shouted at the presiding judge, Theophile Jean Francoise, and often appeared to intimidate him. Throughout most of the last 5 hours of the trial (which ended at 6:50 a.m. on Saturday, the 28th of August) a majority of jurors were asleep, as were the court clerks responsible for transcribing the proceedings. With no mention of prosecutorial misconduct, or a lack of credible evidence against the defendants, all were found guilty as charged and sentenced to the maximum of 6 years in prison.

On September 22, 1982, President Claude Duvalier granted all 22 defendants' request for amnesty, on the occasion of the 25th anniversary of the "Duvalier era." The defendants have been allowed to return to, but some cannot leave, their homes which are under constant surveillance. They are required to register with the police in the Casernes Francois Duvalier every 72 hours.


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THE PERSECUTION OF HUMAN RIGHTS MONITORS "
THE HAITIAN LEAGUE FOR HUMAN RIGHTS



The Haitian League for Human Rights was formed in 1977 by a group of law professors and defense lawyers from the Port-au-Prince bar. It is the only human rights organization in Haiti. It seeks to promote and defend the principles enumerated in the Universal Declaration of Human Rights and the Constitution of Haiti. For most of its five year existence, the Government of Haiti has waged a campaign of harassment and intimidation against the League that has effectively prevented it from functioning.

On November 1979, a meeting called by the League to protest the detention and maltreatment of Sylvio Claude was violently broken up by members of the Tonton Macoutes. More than fifty people, including the League's President, Gerard Gourgue, were beaten. Professor Gourgue was scheduled to give a talk on "The Political Atmosphere and Human Rights in Haiti." At least one person, a journalist named Georges Michel, died of injuries sustained during the raid by the government's security personnel.

Daniel Voltaire, a member of the Presidential Guard who attended the meeting describes what he witnessed:


As I approached the hall, I saw a large
number of Tonton Macoutes in civilian


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clothes outside of 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. 28/

The Haitian government has never conducted an

inquiry into this incident, and no one has ever been charged

with any crimes in connection with the violent actions of

these security forces.

In late 1980 and early 1981, several members of the

Haitian League were arrested without charge, including

Lafontant Joseph and Joseph Maxi. Some of those

arrested were subsequently beaten by Haitian security forces.

In January of 1981, Lafontant Joseph, the Secretary General

of the Haitian League, was forcibly abducted by four armed


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civilians as he was leaving the principal court of Port-au-Prince. He was taken to the Casernes Dessalines where, during his interrogation, he was repeatedly asked about any contacts with international legal and human rights organizations. Joseph was severely beaten in the interrogation room of the Service Detectif at the Casernes. His interrogators reportedly screamed at him -- "Haiti is not the place for human rights or for people who talk to
29/
foreigners."

As a result of the mistreatment of Mr. Joseph and other active members of the League, at least three members have recently gone into exile or into hiding. In early 1982, Joseph Maxi, a well-known lawyer and a founding member of the League, was forced into hiding following repeated threats from the secret police. Prior to this, Maitre Maxi had been urging members of the Port-au-Prince Bar Association to become involved in the defense of persons detained without charge in the National Penitentiary and the Casernes Dessalines. As of June 1982, Mr. Maxi remained in hiding in fear for his life. These and other acts of harassment by the Haitian government have caused the Haitian League for Human Rights to effectively suspend its operations. Government officials continue to deny that they seek to prevent the




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League from functioning. They assert that the League has ceased to be active, "for reasons best known to its members." The demise of the League is particularly important because the government of Haiti has not permitted any other independent human rights organization to form, much less function effectively.

While the Haitian government has given nominal

support to human rights through the creation of an official government body, it has been inactive and impotent to date. In April 1982, President Duvalier announced the formation of this agency, called the National Commission on
30/
Human Rights. In a speech before the Legislative Assembly, the President stated that the Commission was part of his "revolutionary vision" for a legal culture "designed to (sic) the promotion and protecting human rights in Haiti."

President Duvalier assured the Assembly: "This step actualizes my pledges, always
unalterable, to settle the Haitian Society
on solid foundations, in accordance with
our concern for order, equity and respect
for juridical rules which protect our
collectivity from disarray." 31/

In a similar undertaking in November 1979,

President Duvalier formed a Human Rights Division in the Ministry of Foreign Affairs. At that time Georges Salomon, Haiti's Foreign Minister, announced that the new office would:


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.provide liaison between the Haitian
government and national and international
institutions which are interested in
human rights.


Salomon continued:


The new division will be a focal point
for renewed efforts to assure proper
governmental attention to human rights
matters. It will coordinate my
government's activities and those of
local and international groups who
express an interest in the furtherance of
human rights progress in Haiti, and who
have complaints or inquiries on the
subject. 32/


President Duvalier noted in his November 27, 1979 speech that he was "firmly committed to a policy of liberalization and respect of human rights in Haiti."

Both of these announcements came only two weeks after the Tonton Macoutes had broken up the meeting of the Haitian League for Human Rights. The announcement preceded, by less than 11 months, the most severe crackdown and arrest wave in recent Haitian history. Following the much publicized creation of this office, there was little evidence of its existence. To date, the Human Rights Division in the Government has never issued any substantive statements nor intervened publicly in any human rights matters.


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THE TREATMENT OF POLITICAL PRISONERS


A. Prison Conditions and Torture


Article 17 of the Haitian Constitution:

Any unnecessary force or restraint in
the apprehension of a person or in keeping him under arrest, any moral pressure or physical brutality, is
forbidden. 33/

Article 5 of the American Convention:
"No one shall be subjected to torture or to cruel, inhuman or degrading punishment
or treatment. All persons deprived of
their liberty shall be treated with
respect for the inherent dignity of the
human person.Every person has the
right to have his physical, mental and
moral integrity respected. 34/


Throughout 1981 and the first half of 1982, officially sanctioned brutality and mistreatment still characterize Haiti's prisons where beatings, interrogation under torture and gross neglect by prison authorities continue to occur on a regular basis.

Efforts to challenge these conditions have not been tolerated by the government. In July 1981, five political prisoners: Vladimir Jeanty, Jean-Roland Denis, Josias Chery, Berthaud Robillard and Roosevelt Blaise, went on a hunger strike at the National Penitentiary to protest degrading


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prison conditions and the lack of medical treatment. As a result of their dispute, all were beaten by the prison guards. According to Amnesty International, several other political prisoners were reported to have been "tortured by 35/
prison guards as punishment" during late 1981. Most of the defendants at the August 1981 and 1982 trials complained in open court of mistreatment, beatings or torture during their imprisonment.

On September 28, 1981, and again on October 14, 1981, Sylvio Claude was reportedly beaten in his isolation cell at the National Penitentiary. He was repeatedly refused medical treatment for conjunctivitis in his eyes in late 1981 and early 1982.

Claude's daughter, Marie-France Claude has also

been subjected to repeated harassment by prison guards. She was forced to stand naked in her cell while guards "touched and humiliated me." For many months she was not allowed contact with her family, friends or lawyers. Prison authorities repeatedly refused even to allow her family to bring food or clothing to her.

Another co-defendant, Gabriel Herard, a bank clerk and accountant, testified that for the first eight days after his arrest his hands and feet were bound constantly and that he was fed only a little corn meal and brackish water.



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Herard then testified that he had been instructed

to appear on a national television show and admit to having

been involved in a plot to set fires and overthrow the

government. Herard related what occurred after his return to

his isolation cell:
*/
Valme' came in with some other S.D.
He screamed at me "next time you won't forget your instructions." He beat me
with a wooden club on my back until I
thought I would explode. He kept
screaming: "I told you what to say." 36/


Yet another defendant at the August trial, Michel

Francois, described his treatment in the following terms:


I was never told why I was arrested. I
was taken to the interrogation room of
the S.D. (Secret Police) at the Casernes
Dessalines. They put me in the cow
position. Finally I gave milk to Colonel
Jean Valme and Lieutenant Julien. 37/


The "cow position," or "position Boeuf" is so named because the prisoner is forced to squat in an intensely

painful and ultimately crippling position until giving "milk"

or information.



/ Colonel Jean Valm4, Commander of the Military Police, a division of the Army and leading member of the
Political Commission or Investigation Commission, a 20 person, informal body that coordinates all of Haiti's
security forces.


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Franz Benjamin testified that he had been arrested on October 16, 1980 at the home of Augustine Auguste and was taken to the Casernes Dessalines:
"I was tied up so that it hurt a lot and
then they beat me very badly. Blood came
out of my nose and ears and my underwear
was soaking with blood." 38/


Yves Theodore stated that after his arrest he was

taken to Casernes Dessalines and handcuffed for nine days. He had been beaten so badly and so often that a doctor was finally brought in to examine him He said he overheard the doctor tell the guard that he couldn't take much more and that they should stop beating him for a while.

In February 1981, Yvens Paul, a noted Creole

playwright and radio journalist, described the torture he suffered in the Casernes Dessalines in October 1980:

They took the handcuffs off. After
which, the officer declared they would
now get to work.

I was hit in the face. I was slapped (fingers were poked in my eyes and my
ears were beaten with the lower part of
the palm near the wrist).

It's a demoralizing sort of punishment
which makes you lose your calm. Almost
without a break, several people with sticks took over and gave me a severe
beating. A man known as 'Baron' or 'neg
marron' came into the room and said, 'But
he's too comfortable here. Wait a
minute.' Then he took a nylon thread and tied my wrists behind my legs (the


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scars are still visible). He pushed a long stick between my legs and arms. I was like a ball. I felt as if my body
was going to break everywhere. At that point I was beaten with sticks. At one
pont I felt as though I was going to die.

They gave me something to drink. Then
they started again even worse. The skin
on my buttocks had been torn away. The
blood was running down. They weren't put off. On the contrary, you could.say that
the sight of my blood excited them even more. When I was on the point of dying, they untied me and dragged me to a dark
cell. You couldn't see anything. My
buttocks felt as if they'd become as big
as pumpkins. Next day I had a terrible
fever. I was seen by a doctor. He gave
me some treatment. They I was taken
along to the court. The judge said to
me, 'I have received orders from the
Minister of Justice to hand you over to your mother.' He phoned my mother. In
the meantime, I asked him why I had been arrested. 'Because of your broadcasts on
the radio: they are subversive. 39/


In January 1982, a small group of Haitian exiles

tried to stage an invasion from the Turks and Caicos Islands.

Three unarmed persons accompanying them were arrested,

tortured and then executed in the Casernes Dessalines in

January 1982. All three men, journalist Richard Brisson,

Robert Maturin, and Louis Celestine, were unarmed when

captured, and were in good health when they were brought

secretly to Port-au-Prince for interrogation.

In early May 1982, Robert Jacques Thelusma died as

a result of a lack of proper medical care in the national


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Penitentiary. Thelusma had been adopted as a prisoner of conscience by Amnesty International in 1980. A retrial for Thelusma and three other prisoners of conscience had been ordered by the Cour de Cassations in July 1979. Despite this, Thelusma had continued to be held without trial in the National Penitentiary without explanation until the time of his death.
Another recent fatality was Rodrique Montfleuri, a well-known Haitian poet, who died of an untreated illness in Port-au-Prince. Since November 1980, Montfleuri had been fleeing the Tonton Macoutes.


B. Detainees Held Incommunicado Without Charge

Article 17 of the Haitian Constitution:

No one may be kept under arrest more than
forty-eight hours unless he has appeared
before a judge who is assigned to rule on
the legality of the arrest and the judge
has confirmed the arrest by a decision
giving reasons.


As of May 1982, a number of people continue to be held in Haitian jails without charges or any explanation as to why they are being held. In many instances they have been held for a long period of time (in several cases for years) without the possibility of contacting their relatives. The Haitian government has consistently refused to make available


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lists of the political prisoners it is now holding. Almost all of these prisoners are held in the four largest prisons in Port-au-Prince: the National Penitentiary, the Casernes Dessalines, the underground prison in the Presidential Palace, and Fort Dimanche.

As of March 15, 1982, the following persons were

being held incommunicado in the National Penitentiary without explanation or charge:


Name


Age Profession


Vladimir Jeanty Jean Roland Denis Jean Roosevelt
Blaise

Claude Bastion Belmond Chouloute Erick Alcinder Fils Armold Jocelyn Beauchard Emmanuel Jacques Harry Rene Frinzel Joseph Yves Delicieux


34 Financial Consultant
MBA

19 Artist


Tailor

Businessman Skilled Wood-Worker Former Military Chauffer Former Military Haitian Army Haitian Army Taxi Driver Craftsperson


Date of


1/21/81


1/17/81 1/17/81

4/01/81 9/28/79 8/28/79

4/07/81 11/16/79 3/10/81 3/10/81 10/16/81

1979


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Bienvenu Theodore 37 Former Military 1979

Charles Casseus 27 Chomeur 12/19/80

Alfred Jean Unknown 12/08/81

Victor Roger R idem

Francois Jacques idem

Pierre Louis idem

Jean Pierre-Paul idem



This list does not include people who have been charged with specific violations of Haitian law for which they have never been tried, or those for whom the legal process may take years to complete. It does not contain the names of four Saint Marc defendants Ulrich Desire, Emmanuel Noel, Robert Jacques Thelusma, and Jeanton Gustave Colas. The four were arrested in 1978 and after eighteen months in prison without charge, were finally charged and convicted in a closed courtroom of "crimes against the security of the state." In July 1980, an Appeals Court overturned their conviction and ordered a new trial because they had been denied the benefit of a trial by jury to which they were entitled under the Constitution. Despite repeated efforts by their lawyers, the Haitian government refused to schedule a new trial.


-38-

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Finally, on September 3, 1982, over 25 months

after the Appeals Court had annulled their convictions, they were retried in Port-au-Prince on the same charges. The government prosecutor refused to explain the absence of one defendant, Robert Jacques Thelusma, who had died in the National Penitentiary in May. The prosecutor refused to admit that Mr. Thelusma had died or to recommend that a death certificate be issued. Following a 14 hour trial marked by repeated procedural violations and prosecutorial interference with the defense, they were again convicted and sentenced to four years in prison. Despite an absence of any public announcement or confirmation, it appears that the "Saint Marc defendants" were included in the amnesty of political prisoners announced by President-for-Life Duvalier on September 22, 1982.


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VIOLATIONS OF THE RIGHTS OF TRADE UNIONS


Article 24 of the Haitian Constitution: All workers may protect their interests through trade-union activities. Every worker shall belong to the trade union
representing his particular occupation. 40/


In the last year, trade union freedom has continued to deteriorate in Haiti. Restrictions against these unions are enforced through Article 236 of the Constitution which required the authorization of the Haitian government prior to 41/
the formation of any group of more than twenty persons. According to a 1979 report by the Inter-American Commission on Human Rights of the Organization of American States, "no major unions or workers' associations have existed in Haiti since 1962, and the country is unaware of the Conventions of the International Labour Organization."

An informal group of labor representatives was formed in 1980 around the CLAT (Centre Autonome des Travaillers Haitiens). It focused on several important sectors of the Haitian economy: the sugar refining, cement, testiles and light metal industries. However, in November-December 1980, almost all labor organizers connected with CLAT were either arrested, exiled or forced underground.


-40-

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According to Yves Richard, the President of CLAT, approximately forty-five persons affiliated with CLAT have been detained without explanation in the last eighteen months. They are:


Stephen Lafond Marc Lahens Jacques Exantus Fritz Charles Jean Marcius Jean Pierre Joseph Hilarion Jn Jacques Camilien Jn Louis Philogene Clercius Christian Felix Meles Mervil Neres Louis Ulysse Rosier Alfred Evans Bernard Sommet Octava Pierre-Louis Sauveur Espady Gerald Depeigne Harry Jean Narelus Duversonne


Eddy Jn Paul Veniel Alcide Lauden Joachim Rodrique Bertin Sammuel Louissaint Serge Edouard Antoine Laguerre Andre Frederic Monfils Espady Mervillus Millien Fritz Pierre Paul Louisnord Louis Noble Arry Joan Fritz Jean-Paul Vidal Jn Danier Luc Lindor Leon Maurice Jean Maud St. Louis Gerard Petit


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Appolon Jn Charles


Jacquelin Vilsaint Adam Pierre-Louis

Mervil Louis 42/


The whereabouts of these persons remain

unknown. Mr. Richard also was exiled forcibly from Haiti in

1981. He described the circumstances of his arrest and

torture in the following terms:


Without warning, a group of Tonton
Macoutes burst in, and, without more ado,
started beating up the workers. Fellow trade unionist Simeon Jean-Baptiste was killed by a bullet from the guns of the Tonton Macoutes of Jean-Claude Duvalier.
I was taken with the other workers to Casernes Dessalines (an army barracks
where we were interrogated under torture and accused for the first time of being
arsonists and communist agitators). From
that moment, I was kept completely separate
from the other workers and transferred to
the underground cells hidden below the
Palais National (National Palace), where
there is no daylight. Thanks to the
electric torch of the prison guard, however, I was able to distinguish
skeletons, probably those of former
prisoners, lying there on the ground. It was like living a nightmare inside a mass
grave under the Palais National. 43/


In the past 18 months, there has been no

improvement with regard to the freedom of Haitians to

organize trade unions or to participate in any labor

activity. In September 1981, employees at the Madeseon


-42-


Melde Serville

..











factories in Port-au-Prince attempted to hold a meeting concerning an overall reduction in wages. This meeting was forcibly broken up by Haitian government security forces; six workers were imprisoned and others were severely beated. To date no one has been charged in connection with this incident, as the government has failed to conduct any investigation.


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DENIALS OF FREEDOM OF EXPRESSION AND PRESS


Everyone has the right to express his opinion on any matter and in any means
within his power. The expression of
thought, whatever form it takes, may not
be subject to prior censorship except when a state of war has been declared.
(Article 26 of the Haitian Constitution.) 44/

Everyone has the right to freedom of
thought and expression. This right
includes freedom to seek, receive, and
impart information and ideas of all
kinds, regardless of frontiers, either
orally, in writing, in print, in the form
of art, or through any other medium of
one's choice.* Article 13 of the
American Convention on Human Rights. 45/

In late 1980 and early 1981, virtually all

journalists independent of the Haitian government were

imprisoned or forced into exile without explanation. Since

then the rights of free expression and press continue to be

systematically undermined by the Haitian government.

Those who continue to work in Haiti are subject to

official censorship, which is permitted under the amended

press law of March 1980. Censorship is also sanctioned,

through the arbitrary application of the various state

security laws and the so-called "Loi Anti-Communiste" of

April 1969. Article 22 of the Press Law prohibits the press

from "offending the Chief of State or the First Lady of the


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Republic," and from "making any attack against the integrity
46/
of the people's culture." Another provision prohibits the press from writing "defamatory allegations" against members of the legislative or executive branches of the government, a
47/
magistrate, or the memory of a deceased person.

These open-ended laws extend not only to the author of the offense but to any accomplices, such as editors, publishers and vendors. While this provision is not generally enforced, it has a chilling effect on all
48/
journalists in Haiti.


Article 29 prohibits:

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

In addition, Article 4 requires that:

At any time of publication and before any
distribution, five copies of the printed
matter shall be deposited with the
Secretary for the Defense and Interior.



Reliable journalistic sources in Port-au-Prince explain that following the creation of the Haitian Press Agency envisaged in Article 13 of the Press Law, Mr. Jean Mayer, the Director of D.I.R.P. (Department of Information and Public Relations) selects those news stories that are considered appropriate to be printed. Any journalist or


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newspaper that prints something that has not been cleared by Mayer for its topic and orientation, or who has not directly relied on the dispatch of a foreign wire service accredited in Port-au-Prince, will be called before the D.I.R.P. to explain both their sources and reasons for printing the article.
Other Haitian legislation that substantially

eliminates any freedom of expression includes the Law of April 1969, popularly known as the "Loi Anti-Communiste," the Anti-Communist Law, which gives the government the opportunity to charge almost anyone critical of its actions with crimes against the security of the state.

The open-ended nature of these provisions, in

particular the broad definition of communism, allow almost anyone to be prosecuted or persecuted without recourse to legal protections.



*/ Article 1. Communist activities, no matter what
their form, are hereby declared crimes against the
security of the State: all verbal or written,
public or private expressions of communist
teaching; all propagation of communist or anarchist
doctrine by lectures, speeches, conversations, reading, public or private meetings, by tracts,
placards, periodicals, newspaper articles,
brochures, or verbal contact with local or foreign associations, or with persons involved in spreading
communist or anarchist ideas, and receiving,
collecting or providing funds directly or indirectly
for the propagation of such ideas. 49/



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Few of the independent media sources closed down in November-December 1980 have been allowed to resume free operation. None of Haiti's leading print and broadcast media or journalists who were imprisoned or forcibly exiled at this time have been allowed to return from exile. Several, including Jacques Price Jean, are still in prison.

The harassment of journalists has continued in

1982. In March 1982, one newscaster for Radio Metropole was forced to discontinue his broadcasts. In May 1982, a small group of young journalists sympathetic to the Haitian Christian Democratic Party attempted to duplicate a newsletter for limited distribution in Port-au-Prince and were arrested and interrogated at the Casernes Dessalines. Each was warned not to repeat "these activities" before finally being released.

In addressing the current Haitian situation at its annual meeting in March 1982, the Inter-American Press Association adopted the following resolution:


Whereas the Duvalier family dictatorship
in Haiti despite its control of the
communications media continues to seek
other means to assure that the Haitian
people receive only news approved by the
government and to suppress free and
independent thought; whereas the latest measure of thought control has been the
creation of an official agency to
monopolize the distribution of


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information inside the country and control the flow of news abroad, the Board of Directors resolves to protest to the Haitian government against the creation of an official monopoly agency and to ask members of the IAPA to oppose the repressive measures of the Duvalier dictatorship that deny truthful information and diverse opinions to the Haitian people. 50/


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THE TREATMENT OF RETURNEES


A former sergeant in President Duvalier's elite

presidential guard, who fled Haiti in 1981 in fear of his

life, describes the suspicions felt by the Haitian government

of persons who previously fled Haiti. He describes his

experience in 1980 and 1981:


The practice was to pick up these
"komokinu (traitors) at the airport in an
army or Red Cross truck and take them to the Casernes Dessalines. The truck would
be covered by a "prela" or a "shako" so that passers-by cannot see who is being
taken to prison. At the prison they try
to find out why you went abroad to make the President ashamed, why you want to
interfere in the government's affairs or talk bad about them. When you go to the Casernes they treat you very bad and you get skinny like a pen. If you are lucky
your family can pay someone in the
government to get you out. But if they don't know that you are in prison or if
they are poor, then I would be very sorry
for you and your chances are not very
good. 5_1/


There have been continuing reports of mistreatment

of returnees. One Haitian woman, who was detained in the

U.S. in 1981 and 1982, first tried to escape from Haiti in

the spring of 1981. The sailboat on which she and seventy

others were travelling was badly damaged and forced to return

to Haiti. When they arrived on the shore they were met by


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members of the Haitian security forces, the Tonton Macoutes.

Tied with cords, they were eventually taken to a town called

Jean-Rabel, from which they were taken to the Casernes

Dessalines.


There, ten of the men from our boat were tied up in front of us. Their pants were
removed and they were put on their
stomachs. Then four guards began to beat them with sticks as big as my arm. They
were beaten so much that their behinds
were bruised and bloody, and horrible to see. When we saw that, the women started crying. The authorities told us that if
we did not stop crying they would beat and kill us. They told us that we were "kamokin" (opponents of the regime) who
were trying to leave the country in order
to go out to talk against the government. 52/


Another Haitian who also was detained in the U.S.,

was arrested in late 1980 as he returned to Haiti from the

Dominican Republic. While he was in detention at the

National Penitentiary, he witnessed the arrival, in late

summer or early fall of 1981, of 15 prisoners.


These 15 men were part of a larger group
who fled Haiti in a small fishing boat.
They were taken to a prison in a camp that
I now know was the Krome Prison. Later they were transferred to Puerto Rico and were visited by the Haitian Counsul who
came from San Juan. He told them that
nothing would happen to them if they went
back to Haiti, and that the government
would make sure that the Haitian Red
Cross would assist them. So these men


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did decide to return to Haiti.
On arriving at the Port-au-Prince
airport, two jeeps from the Haitian Red
Cross met them and, after looking up their names, men dressed in civilian
clothes took them directly to the
Casernes Dessalines. They were kept
there for about 15 days. Then they were brought before Colonel Albert Pierre and
ordered that several of them be beaten Two of these men appeared to have been
hurt very badly. 53/


With the influx of Haitians requesting asylum in

the United States, the treatment of Haitian returnees has

become the subject of considerable U.S. debate.

In 1980, after reviewing substantial evidence

concerning the treatment of returnees from the United States

to Haiti, a Federal District Court in Florida concluded in

the case of Haitian Refugee Center v. Civiletti, 503 F. Supp.

442 (S.D. Fla. July 1980) modified on other grounds, 676 F.

2d 1023, (5th Cir. 1982):

Substantial evidence was presented at
trial concerning treatment of returnees
in Haiti. A largely uncontradicted
pattern emerged. Upon return to Haiti,
persons whom the Haitian government views
as political opponents will be
mistreated. Persons who have fled Haiti and sought asylum elsewhere are seen as opponents of the Duvalier regime. They
are taken to Casernes Dessalines for
questioning. Many more are further imprisoned and persecuted. Of those
allowed to return home, many more are
later imprisoned or persecuted. 54/


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The court's opinion goes on to describe how

returnees are arrested on their return and sent to prison; how those who have applied for asylum abroad are given worse treatment because they have "insulted the Duvalier family," and how the Tonton Macoutes receive orders to arrest those returning from foreign countries. Judge King concluded that his courtroom had become "populated by the ghosts of individual Haitians including those returned from the United States who had been beaten, tortured and left to die
55/
in Haitian prisons."

The Lawyers Committee, in March of 1982,

unsuccessfully attempted to interview five persons living in Port-au-Prince who had been "interdicted" by the United States Coast Guard and forced to return to Haiti. The Haitian government has consistently refused to publish lists of political prisoners in Port-au-Prince and elsewhere. There have been subsequent attempts to locate these people, but to no avail. None could be found at the addresses given to the Coast Guard and people at four of the five residences were extremely nervous about talking about these individuals. None of these people had ever been visited by any Haitian or American authorities attempting to verify the condition of the returnees, a pattern that undermines the repeated assurances that checks are made as to the well-being of returnees.


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Recent evidence indicates that returnees are still

viewed with extreme prejudice and suspicion by the Haitian

government. The following testimony of a young Haitian

mother, who insisted on anonymity because she feared that her

life was in danger, reflects the government's current

position:


I left (Haiti) in January 1982; I left my two children with my mother. I felt like
I had to try to get to Miami. I paid
$2,000 for the boat. I didn't have any
papers (passport). I ran up big debts
that I hoped to pay back after having
found work in Miami. We left during the
night from Port-de-Paix; there were
around 300 of us in the boat. After four days we saw land and we celebrated having
arrived in the United States. But this
wasn't Miami, we had arrived in Cuba
(Guantanamo?). We were welcomed for a
night and we were given food. The next day a big American ship arrived, and we
were put on board. We sang and danced
and rejoiced at finally leaving for
Miami. After three days we saw land and
we were very happy. But unfortunately we
were arriving in Leogane (Haiti), where we were immediately captured and beaten
with wooden clubs by the Tonton Macoutes; they made us get into big trucks to take
us to the prison of Fort Dimanche.
Everybody was hit with clubs. A few
people were successful in jumping out of
the trucks and hiding, but most of us
were prisoners.

When we arrived at Fort Dimanche it
appeared relatively pretty and clean with tiles on the ground. But suddenly a door
was opened in the floor and we were
pushed into the shadows of a big cell,


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without any windows where there were already some other people. There was only one light and two ventilation grates, there was a big can that was to be used for a toilet. Once a day they brought us cooked corn meal in a tin can, without any spoon.

At night we slept on straw mats on the floor, pushed together like sardines.

We received no medical attention, they let us die. At night we heard the dogs eating the corpses that were thrown behind the prison. We were not regularly beaten, only if we protested something.


One day when the door in the tile floor was open I saw a man I knew. I called to him to tell my mother that I was in the prison, not in Miami. With the help of a lawyer, my mother succeeded in getting me out. This cost another $500.

I was in the prison for four months. Still today you can see and smell the results of the blows on my body, particularly on my thighs.

So now I live in the same misery as before, only it's worse because I've sold everything and have big debts. 56/
















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CONCLUSIONS


Analysis based on reliable information of the current situation in Haiti reveals a pattern of gross violations of basic human rights in the following areas:

1. The effects of the November 1980 crackdown on journalists, lawyers and human rights activists continue unabated: independent journalists and politicians have been imprisoned, forcibly exiled or silenced, human rights monitors have been forced to disband or go underground, an informal and infant trade union movement has been crushed.

2. The complex network of official and

semi-official Haitian security forces continues to violate the Rule of Law by arresting, or detaining without charge or explanation, persons perceived to be opponents of the Duvalier government. These forces regularly use severe beatings as an interrogation technique.

3. Haitian courts continue to violate various procedural rights, guaranteed by both the Haitian constitution and international law. On August 25, 1981, the government of Haiti tried and convicted twenty-six defendants with arson and plotting against the internal security of the state. Eleven of the defendants were members of the Haitian Christian Democratic Party (PDCH) including its President,


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Sylvio Claude. Two others were journalists imprisoned during mass arrests conducted by the government in late November 1980. All defendants were convicted as charged and 22 were sentenced to 15 years at hard labor.

On February 26, 1982, the Court of Appeals annulled the lower court's decision on the basis of a technical sentencing error. On August 27, 1982, 22 of these defendants were retried on similar charges. All were convicted and sentenced to the maximum term of six years in prison.

On both occasions, defendants were denied access to their families and to legal counsel, and none were informed of the specific charges on which they were to be tried until days before the trials began. While in detention, a number of defendants were subjected to harassment, beating and intimidation by members of Haitian security forces. Both trials took place behind roadblocks, set up by government security forces who surveilled the courthouse with machine guns.

After significant international pressure was raised following the August 1982 convictions, President Jean Claude Duvalier announced on September 22, 1982, that the defendants would benefit from a Presidential Amnesty on the occasion of the twenty-fifth anniversary of the Duvalier era.


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4. The Haitian government is not willing to

tolerate the existence of any person or organization that advocates the promotion of human rights in Haiti. The government has effectively suppressed all activities of the Haitian League for Human Rights through the arrest and beating of some of its members, and the forcible exiling or intimidation of others.

5. Political prisoners continue to face severe

mistreatment and violations of their fundamental due process rights. While international pressure seems to have improved conditions slightly at the National Penitentiary, no change occurred in conditions at other political prisons.

6. The Haitian government continues to suppress and stifle any effective political activity or opposition.

7. Freedom of the press is severely curtailed by state security legislation, and by a series of press laws that include a highly restrictive act passed in September 1979, and amended in March 1980.

8. In the last two years the Haitian government

has systematically eliminated all legitimate free trade union activity. The leaders of the major infant labor organizations have been arrested without charge, forcibly exiled or forced underground.


== END ==


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F QOTNOTE S

..

































































































































































































_______________________ I

..









FOOTNOTES



l/. "Haiti is Tangled In a Murky Inquiry", The New York Times, August 26, 1982, p. A3; and "Haiti Refugees,
Waste and Repression: Eye Opening Lessons on Giving
Aid", International Herald Tribune, September 1, 1982.

2/ Ibid.

3/ Amnesty International Report, Amnesty International Publications, London, 1976, p. 101.

4/ "Report on the Situation of Human Rights In Haiti", Inter-American Commission on Human Rights, Organization
of American States, Washington, December 13, 1979, p.
79.

5/ Statement of President Jean Claude Duvalier at the Presidential Palace on July 14, 1982 on the occasion of the
final introduction of the new Ministers.

6/Op Cit, "Haiti is Tangled in a Murky Inquiry," The New York Times, August 26, 1982, p. A3.

2/ Current Economic Position and Prospects of Haiti, Document of the World Bank, Washington, D.C., December
22, 1978, p. 1.

8/ Memorandum on the Haitian Economy, World Bank, Latin America and Caribbean Regional Office, May 13, 1981,
p. 6.

9/ "Sold like Cattle, Haitian Workers in the Dominican Republic," World Council of Churches #10, Geneva,
November 1980, p. 11. Quoting from "Migrant Workers in the Dominican Republic," Anti-Slavery Society for
the Protection of Human Rights, London.

10/ Op Cit., World Bank, May 13, 1981, p. IV.

11/ "Impediments to Economic and Social Development in
Haiti," Congressional Research Service, the Library of
Congress, Washington, D.C., June 19, 1978.

12/ Unpublished Preliminary Report of World Bank 1982.


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FOOTNOTES
(con't.)

13/ "La Situation Des Droits de L'Homme en Haiti," Communication Presentee a la Division des Droits de L'Homme
des Nations Unies, Theo Buss et Claude Martin, Geneve,
Juin 1982, p. 6.

14/ Op Cit., I.A.C.H.R. Report, December 1979, p. 74.

15/ "Memories D'un Leader Du Tiers Monde," Francois
Duvalier, Hachitte, 1969, p. 324.

16/ Recorded by an observer at the rally, name withheld.

17/ Affidavit of June 14, 1982, name withheld because of
fear of reprisal.

18/ Affidavit of Jean Stenio Louis, Miami, July 1979.

19/ Affidavit of Patrick Lemoine, New York, November 1979.

20/ Affidavit of Chataigne Dumont, Miami, July 1979.

21/ Affidavit of a recently released political prisoner, by
Michael S. Hooper, New York, 1982.

22/ Op Cit., "La Situation Des Droits de L'Homme en Haiti,"
Juin 1982, p. 10.

23/ Article 17 continues:

No one may be arrested or detained except by
order of a legally competent official. For
the execution of such an order, it is
necessary that (the order) formally state the
reason for the arrest and the law that punishes the act charged.

Constitution of Haiti, promulgated 1964, amended 1971,
Port-au-Prince, Title One defines rights and obligations of the inhabitants of the Republic.

24/ American Convention on Human Rights, San Jose, Costa
Rica, signed by the United States, November 1969,
entered into force July 1978, Article 8.





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..








FOOTNOTES
(con't.)

25/ Ordonnace de Renvoi, government dossier issued on August 4, 1981 by Judge d' Instruction Emmanuel Sylvestre.

26/ Prior to the trial, all of the defendants were denied
access to their families and to legal counsel. None
were informed of the charges on which they would be
tried until several days before the trial began. While
in detention a number of defendants were subjected to
harassment, beating and intimidation by members of
Haitian security forces. The trial took place under
extremely intimidating circumstances. Government security forces set up roadblocks and machine guns
outside of the courthouse, and maintained surveillance
of those in attendance.

The conduct of the trial violated various procedural
rights, guaranteed by both the Haitian Constitution and
international law. Several members of the jury were
illiterate and did not appear to understand French, the language of the lawyers' debates, and at least one, Mme.
Desforges, is known to work directly for the Service Detectif, Haiti's political police. Only one of the
defendants, Sylvio Claude, was ever served with an arrest warrant. It charged him with a violation of
Haiti's press law, for which he was never tried. Most
of the government's written evidence was contradicted
during the trial. Two government witnesses incorrectly
identified "principal actors" in the alleged crimes.
Another witness recanted his prior statements which he said were made following torture by the Haitian Secret
Police. Only five of the 26 court-appointed defense
lawers agreed to participate in the case. Many of the others declined to participate because they feared for
their own personal safety.

"Report on the August 1981 Trial and November 1981
Appeal of 26 Political Defendants in Haiti," Lawyers Committee for International Human Rights, Michael S.
Hooper, March 1982, p. ii.

27/ Article 31 of the Haitian Constitution expressly allows
private assemblies, "even for the purpose of discussing political affairs, without prior authorization." It
was perhaps for this reason that the judge later


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FOOTNOTES
(con't.)

remarked that the witnesses' inability to identify
specific defendants was immaterial, because "his testimony was not prejudicial."
(Article 31, Constitution of Haiti)

28/ Affidavit of Daniel Voltaire, Presidential Guard, taken
May 13, 1980, Washington, D.C.

29/ Declaration of an Observer, Identity withheld because of
fear of reprisal.

30/ Le Nouveau Monde, Port-au-Prince, Friday, April 23,
1982, p. 6.

31/ Ibid., p. 6.

32/ "Haiti, Human Rights Division Created in Foreign
Ministry December 1979," Edelman International
Corporation (public elections bulletin prepared by the
Edelman Corp. as Agent for the Republic of Haiti).

33/ Op Cit., Constitution of Haiti, Article 17.

34/ Op Cit., American Convention of Human Rights, Article 5.

35/ "Haiti: Human Rights Violations," Amnesty International, November 1981, p. 9.

36/ Op Cit., Report on the August 1981 Trial and November
1981 Appeal of 26 Political Defendants in Haiti, p. 44.

37/ Ibid., p. 43.

38/ In-court statement of Frantz Benjamin, August 28, 1982,
recorded by Michael S. Hooper and Bruce Ennis.

39/ "Haiti: Human Rights Violations, October 1980
October 1981," Amnesty International, London, p. 8.
For further testimony, by a former political prisoner
now in the United States, see p. 15.

40/ Constitution of Haiti, Article 24.


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..








FOOTNOTES
(con't.)

41/ Op Cit., Report on the Situation of Human Rights in
Haiti, Organization of American States.

42/ Op Cit., "Haiti: Human Rights Violations," Amnesty
Internationa, p. 8.

43/ Ibid., p. 8.

44/ Op Cit., Constitution of Haiti.

45/ Op Cit., American Convention.

46/ Press Law, announced by President-for-Life Jean Claude
Duvalier, September 29, 1979. Article 22.

47/ Article 41 prohibits:

Any offense, any defamatory allegation or insinuation, or any wrong committed by the press against a Foreign Chief of State, a member of
the diplomatic corps accredited to the
country, member of the Executive Branch, of the Legislative Branch, a member of the Court
of Appeals or a senior official.

Ibid., Press Law, September 29, 1979, Article 41.

48/ Ibid., Press Law, September 29, 1979, Article 50.

49/ Article 2:

All those, in whatever capacity: bookseller; owner or manager of a printing establishment, owner, manager or lessor of public or private
meeting halls; owner, lessor or lessee or
residences, religious minister, missionary,
preacher, professor, primary school teacher, etc., who may have suggested or facilitated
execution of such crimes, or harbored or given assistance to the authors of those crimes shall
be declared guilty of the very same crimes;

Article 3:

Individuals prosecuted under Articles 1 and 2
of the present law shall be tried before a
permanent military court martial proceeding;


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..









FOOTNOTES
(con't.)


Article 4:

The authors of and accomplices in crimes
listed above shall receive the death penalty,
and their goods and chattels shall be confiscated and sold for the benefit of the State.

50/ Conference Report Resolution on Haiti, Inter-American
Press Association, March 1982, Annual Meeting.

51/ Confidential statement taken in Miami on August 26, 1982
by Michael S. Hooper from a former Sergeant in the
Presidential Guard.

52/ Confidential affidavit taken in Miami by Steven
Forrester, Spring 1982. Name withheld because of fear
of reprisal.

53/ Confidential affidavit taken in Otisville Federal Prison
by Michael S. Hooper, Winter 1982. Name withheld
because of fear of reprisal.

54/ Haitian Refugee Center v. Civiletti, 503 F.Supp. 442,
(S.D. Fla. 1980), modified on other grounds,
676 F.2d 1023 (5th Cir. 1982).

55/ Ibid, p. 452.

56/ Op Cit., -La Situation des Droits de L'Homme en Haiti,"
pp. 19,20.


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APPENDI CES


APPENDIX


DOCUMENT


Map of Haiti


Constitution of Haiti


Press Law
September 29, 1929


Revised Press Law March 31, 1980


List of Defendants at the August 1981 and August 1982 Trials


Partial List of Persons Detained Without Charge in August 1982 at the Casernes Dessalines


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lde a Tortue


Port.-de-Paix. St. Louis du Nord Jean Robe


S If 3 1
MAS


aives


I'Est.re


FtO 7 0 100 5oo


CU LACD J. .- .


DOMINCAN RFPUKIC

JMICA HA
'4P ; PURIO RICO


Anse


Cap

..


..



APPENDIX B


II. CONSTITUTION OF HAITI (Of 1964 as amended 1971)



A series of annual decrees by the Legislative Chamaber purport to
suspend a number of constitutional provisions and bestow Full Powers on
the Chief of the Executive Power. The provisions affected are indicated
by an asterisk (*). For Lhe te.c of the decrees, see below, III
A French text of the 1964 Constitution (without the 1971. amendments) is
available for consultation.


COWSTTLTLOV. c0 H A!TO *





PREAMBLE







The Haitian people pzccl&im the present constitution in order to:

Establish their sovereignty;
Define their rights, duties, and responsibilities;
Establish a balance of the powers of the state;
Establish an efficient organization of the government;
Protect labor;
Guarantee justice and social security;
Provide the benefits of culture to all l-aitianswithout distinction;
Safeguard and promote the health of the Haitian people;
Strengthen internal peace; and

Thus establish a Haitian nation that is socially just, economically free, and politically independent under a democ racy adapted to its customs and traditions


TITLE I


TME TERRITORY OF THE REPUBLIC


Article 1. Haiti is an indivisible, sovereign, independent, dernocr'-tic, and social republic. .



As an.ended by Decree of tbc National Constituent Az-embly, dated
January 24, 1971, published in L: Meidteur oi Jan.az.ry 20, 1971.

..



Article 1 Tb status of n,,turalize,'d Haitian sha l he lcst in all cane provided by !aw, parriculariy by conrinous residence for nore than thrc years outside Haitian tei-ritory without duly granted authorizaton.

A person who loses his nationality in this manner may not reacquire it.

Article 12. Alient may not benefit from the advantages intended especially for Haiti.ns by establishing, a corporation pursuant to the law of the rcpublic. In this connection, retail business -_hal_ b reserved excusiv.v to Haitians.

Article 13. Any alien who is in the territory of the republic must obey the laws and regulations of th.- country and shall cnjcy the protection accorded to Haitians, except in the event of any me-su-es which it may become necessary to apply a. a nst nationals of countries where Haitians do not enjoy the same protection.

Art.cle 14. The right t'. own real ap-cperty shall be zcccrded to alir.sn residin& in Haiti :nd to foracigr, ccn;.ncs for t!.e necds o their -g'kultur.l, industrial, commercial, or educational enterprises, within the limits and under the conditions prescribed by law.

This right shall likewise be accorded to aliens residing in Haiti for their resideratial needs. Foreign construction companies shall have the benefit of a special status regulated by law.

However, an ni.ien residing in Haiti may not owvn more than one dwelling in the same loca.ity. He ry i. no case, en-.ge 'n the business of rentin- rezl e.'tzte.

This right to own real property shall terminate two years after an alien has ceased to reside in the country or after the operations of the agricultural, industrial, commercial, or educational enterprises of foreign individuals or companies have terminated.

The law shall determine the regulations to be followed, in the event of the
cessation of residence or operation in Haiti, in liquidating the property acquired in the country by foreign individuals or companies.

Any %riolaticn of the provisions of the first and second paragraphs of this article shall result in the pure and simple seizure of the propertvby the state.

Any citizen may report such a violation or the circumstances of cessation of residence or of operations.

Article 15. In the cases determined by law an alien maybe refused admission to, or sojourn in, the territory of the republic.
An alien m 'be .deported f.rom Haiti when he intereres either directly.gr indi rectl.the political life of the state! or spreads doctrines that are anarchistiq Qr.ontrar.y to dernoa._z.y.


Chapter 1V

Individual Rights and Cuarantees

PArticle 16. Haitans shall be equal before the law,. rubje.tj othe .special.actyantage s; cenfc'r rC on native-born Haitians.

..




Every Haitian )-nay take an active part in his country's government, hold public office, or be appointed to a government position, without distinction as to coicr, sex, or religion.

In the administration of government services, the appointment of personnel, and thc terms and ccnditins of their employment, must be free of privileges, favors, and discrimination.

Article 17. JnALoiLual liber ty-halbeguaranteed. No onemay.beprosecuted airsted or detained e.'c.c=t in thc cases determined.byjla and in the manner whi ch itp)e c ribes.

In addition, no one. may be arrested or detained except by order of a legally competent official.

ror the execution of such an order, it is necessary:

i. that it formally state the reason for the arrest and the law that punishes
the act charged;

2. that legal notice of it be given and that a copy of the order be left with the
accused at the time of its execution, except in case of flagrante delicto.

No one.may be kept under arrest more than forty.-eight_, _hours unlesshe hp.s zi)rearcd before a Judg who is assigned to rule on the legality of the arrest and the Judge has confirmed the arrest by a decision giving reasons.

In the case cf a petty offense, the arrested person shall be- referred tc the justice of the peace, who wil-, then pronounce a final decision.

In the case of a more serious offense, an appeal may be filed, without prior permission, simply by addressing a petition to the presiding judge of the cormpetent civil court, who, on the basis of the oral statement of the prosecutor, shall rule on the legality of the arrest in a special session of the court, without postponement or rotation of judges, all other cases being suspended.

In either case, if the arrest is jdged iLlegal, the arrested person shall be released, any appeal to a higher court or the Court cf Cassalion notwithstanding.
ne es fy__rc_ or restraint in the a'nrehension of a person or in

keening hirn under arrest. an orall pressure or physical brut-.Lity, is forbidden.

All violations of these provisions shall be considered arbitrary acts against which the injured parties may, without prior authorization, appeal to the competent courts, prosecuting either the authors or the perpetrators, regardless of their rank or the body to which they belong.

Article 18. No one may be denied access to the judges whom the constitution or the law assigns to him. A civilian may not be tried by a military court nor may a militaryPerson be denied access to a court of ordinary law, in an exclusively civil matter,, excent when a state of zie-e has been declared by law.

Article 19. House searches and Seizures of papers shall be prohibited exc. S vir,-e of law and in accordance wih le~allre scribes procedures.

Article ZO. This law shall not be rctroactive in effect except in criminal .cas.es wyher it is lavo-b!e to the offender.


iii

..






The law shall be retroactive in effect whenever it takes away vested rights.

Article 21. No znenaltv may be established ,yrenpt by l v.,, or i-pcsd eXcept in the cby lw.vidcdLby1,.

Article 22. The ri -ht of owvncrshi is g,_arante::d to the citizens. Expropriation for a legally established public purpose may be cffec:ed only by the advance payment, or deposit, in favor of the person entitled thereto, of fair compensation.

Property also entails certain obligations. Its use mustb! in the public interest.

Landowners have an obligation to the community to cultivate, work, and protect their land, particularly against erosion.

The penalty for failure to fulfill this obligation shall be prescribed by law.

The right cf ownership shall not extend to springs, rivers, or other watercourses, mines, and quarries in the subsoil. These are part of the public do-nain.

The 3aw shall establish regulations governing freedom to prospect for and
work mines, ore-bearing earths, and quarries, ensuring an equal share of the profitz of such exploitation to the owner of the land and to the state or its concessionnaires.

The law shall fix the limit on the right of ownership.

Article 23. Freedom to work shall be exercised under the control and sunervision of the rtate and shall be regulated by law.

However, save for the exceptions and dstincticns established by law, a!! importers, a.'ents, and rr-anufacturers' representatives shall be prohibited from engaging in re:ail trade, even through an intermediary.

The law shall define what is meant by an intermediary.

tArticle 24. Every worker shall be entitled to a fair wage, job training,
health protection, social security, and the welfare of his family insofar as his country's economic development permits.

It shall be a moral obligation of the employer to contribute to the education .of his illiterate workers according to his means.

Any worker may participate, through his representatives, in the collective determination of working condr4on.Z. A--workers !hall be en'itedlent and leisure.

All workers rna protect their interests through trade-union activities. Each worker shall belong to the trade union representing his particular occupation

Annual vacations with pay shall be compulsory.

Article 25. Capital punishment may not be imposed for any political offense except treason.

The crime of treason consists in taking up arms against the Republic of Haiti, joininL- avowed ene-nier HAti, Pnd. Ziing thc.n aid .nd :crfort.

..




A. 26. E-aZ t!-e right to cxp, -:s his op_,.n on any .2ztL .:i-: and
b.- ,crvrr.e n.c wit. in hi- power.

Thet expression u! thour;it, wv'htcver forrn it takes, may not be subjected to
prior censorship except when war shas been declared.

Abuses of the r.ght of freedom of sDeech shall be defined and punished bylaw.

Article 27. All re-ligions and faiths shall be eouaiv recognzed and free.
Everyone may proft.s his reiipicn and practice his faith, provided he doe-s not disturb law and order.

No one may be compelled to belong to a religious organization or to follow a
religious teaching contrary to his convictions.

Artcl&. 20. Since mnarriage tends to rt,rity of rnorals by contributing to a
better orvan.zation of the family, the fundamental basis of society, the state shall f acilit-ate it and encourage its spread among the people, particularly in the rural
class.

In the organization of marriage, the law .hall protect I-aitian women in particular.

Article 29. Frecdomn of education shall be exercised in accordance with the law, under the control and supervision of the :iate, which should see to the moral and civic training, oi the young.

Public education shall be the re-5ponsibility of the state and the communes.

Primary education shall bc compulsory.

Public Lducation shall be free of charge at all levels.

Technical and vocational training shall be generalized.

Higher education shall be open to all, on an equal basis, according to merit only.

Article 30. In the cases determined by law, a jury shall be used in criminal trials and for political offenses committed through the press or by some other means.

Article 31. Haitians nmv assemble oeaceably and without _rn.,een crthe ZLr ose r,[ disct ssing, n-lit: ral affair v'it!v:uit 'i--t r :iv'*,r .-.tisn, in c.afor:.' y with the lawvs rovernint the exercise o. this rig.

This provision shall not apply to public gatherings, viich shall be entirely


Article 32. I-aitians shall have the right of association, of fornling political parties labor union P tive

This richi may no' be subjected to anyprcventive ncasure. And no one may be coifnplled to join an association or a political party.

7ie law shall re'jhinte the contitior.s for the fu nctioninc of hsrou-s and
ro~nitz lie

V

..




Article 33. Tht right of pcti~ion shall be exercised personally by one or more iiz'iVidual, vevr ita beLAM, C. a rcup.

Any petition addressed to the legislative body must give rise to the regulatory procedure making it possible to rule on the object of the petition.

Article 34. Correspondence shall be inviolable, subject to the penl provided by law.

Article 35. French shall be the official language. Its use shall be compulsory in government services. However, the law shall determine in what cases and under what conditions the use of Creole may be permitted, and even recomnmcnded, .or the purpose of safeguarding the m.tcrial and moral interests of citizens who do not know the French language w,,ell enough.

Article 36. The ri.=ht of asylum :hall be accorded to political refugees. provided thoy conorin to the la'.ps of the co.Lntry.

Article 37. Extradition in political matters shall not be permitted.

Article 38. The law rnay neither add to nor derogate from the constitution.

The letter of the constitution shall always prevail.


TITLE III



DUTI S



Chapter I Civic Duties


Article 39. Civic duties attend the status of citizen and civil and political rights.


Civic duties are the aggregate roral, political, social, tons ol the citizen toward the state and the nation.


and economic obl.iga-


Article 40. For the citizen, voting is not only a right but an obligation imposed by his civic duty.


Chapter II

Risponsibilities of Government Officials and Employees

Article 41. Before taking office, everyofficial in the sense defined and specified by law shall swear on his honor to discharge conscientiously the duties o? his
;,:e, LG Ic-I "o hi7's coun-try,, ;.nd tZ, c-rlY ou .and enforce the constltution -laws and the regulatioib enacted under the constitution or lawv. A written statement of the official's oath shall be prepared for his signature, and a certified copy: of it issued to him for all pertinent purposes.

..



APPENDIX C


Press Law 29 Sept. 1979


LA NOUVELLE LOI SUR LAPRESSE


JEAN-CLAUDE DUVALIER
President aVie
de la R6publique
Vu les articles 26.30, 68.90, 93 of 94
de la Constitution:
Vu Ia Loi du 27 juin 1923 su" la Presse;
Vu la Loi du 4 aoit 1924. garantissant
lInoependance ot la S6curitk de la Presse. conform6ment aux exigences de
la Paix Publique:
Vu le Decret du 13 juin 1950. rapportant Ia Loi du 15 d6cembre 1922 sur la
Piesse:
Vu le D6cret du 26 aoit 1957.
modifiant celui du 13 juin 1950. eugmentant lespeines pour lesdlitsde Presse
Vu Ia Loi du 16 d6cembre 1957, crdant
te Departernent de la Coordination et de
lI'nformation.
Vu la Loi du 8 septembre 1971.
r~organisant le D6partement de
VIlnterieur et de la Ddfense Nationale;
Vu la Loi du 24 juillet 1974.
r~organisant le D6partement de la
Justice;
Vu la Loi du 25 ao0t 1977. cr6ant le
Tribunal de S retd de I'Etat:
Vu le D~cret du 12 octobre 1977 sur la
radiodiffusion:
Vu les articles 9. 57.78,217.218.254A
313 of 357 du Code P6nal;

Consid6rant que la Constitution consacre le p-incipe de la liberty d'expression: qu'elle permit chacun d'en jouir dans tous les domaines et par tous
les moyens en son poqvoir:
Consio~rant que la Presse est rensemble des rnoyens de manifestations de [a pensee: que. par ses informations et par l'opinion qu'elle diffuse, elle joue un r6le prmordial dans I'Lvolution des Communau;6s D6mocratiques qui se doivent. en retour, de lui assurer I'rnceoendane of la S6curitd. ainsi que toules les facilities n6cessaires 6 son entier rayonnement;
Consid~rant que I'expression de [a
pen'de, quelle que soil la forme qu'elle rev~t. ne demeure soumise A aucune censure pr6alable. et ne dolt Otre subordonnte 6 aucune contrainte, sauf dans
les cas d6termin6s pSr la Loi.
Consid6rant que la liberfi de la
Presse. si absolue qu'elle soil. doi se concilier avec les ex;gences -e la stabilil6 de IElat. de [a paix social et du progr6s dconomique: qu'il importe de prkvenir toul abus cohtre Ia dignity des personnel. le respect dO aux autoritis consittuees. Ia sauvegarde d es bonnes
rroeurs el le maintien de l'Orce Public:
Considerant due !-:Jts de Presse
scri aes irfrections wsu generic csns !es
- cuez.es ;esponsabtite oenae setouve


d6plac6e. et qui necessitent, pout ler appr6ciation. I'application de regles particuli6res. ddrogeant au Droit Commun; Consid6rant que. pour favoriser l'exercice de ce droit. Si indispensable au succ s d'une Politique de Ddveloppement. I'Etat a pour devoir de r6gfementer organisation et -e fonctionnement des divers moyens matdriels de Vexpression et de la diffusion des id6es: qu.en consequence. it convient de rapporter. les Lois en vigueur et d'y substituer une 16gisration plus conforme A nos normes domocraliques et 6 Ia' politique de la lib6ratisation du Gouvernement de la Republique; "
Sur l rapport des Secrdtaires d*Etat de I'lntrieur et de 13 Dfense Nationa;e. de la Coordination ot dejiknformation et de la Justice:
Et.apr s--r6alion en Conseil des Secrtaires o'Etat;

A PROPOSE
Et la Ch3mbre L6gislative a vot,. la Loi suivante

TITREI
DEL'IMPRIMERIE
Article let.- Toute personne peut s'adonner aux professions d'imprimeur et de libraire sans qu'aucune putorisation ne soil n6cessaire.
Article 2.- L'Imprimerie demeure soumise b Ia prdsente Igislation. comrne aux Lois sur la profession commerciale ef su la propridt6 litnLraire. L'Etat facilitera I'apprvisionnement du papier affect aux imprimbs en accordant des exemptions fiscales sur l'importation de cet article et sur cell du materiel, de I'dquipement et des fournitures dimprimerie.
Article 3.- Tour imprim6 rendu public doit porter 'indication des nor et pr6nom, domicile de l'lmorimeu,. la date et le num&ro d'ordre de Idition. Si Itimprimerie appartient 6 une personnel morale ou A un groupement. I'imprim6 porter la raison scciale de la Societ6. son sige principal. les noms. pr6noms et domicile. soil du Directeur Administrateur responsable. soil de ceux des membres du Conseil d'Administration ou de Direction.
Article 4.- L'lmprimeur' ou le Directeur Administrateur responsible. ou les rnembies des dils Conseils sont ten'Js. au moment de 1'6mission et avant touie distribution. de deposer cinq exemplaires doe I'irnorim6, .savoir & Porl--.&-Prin.ce 6 Ia Secretairerie d'Etat de "In e',eir el de la Defense Nationale, e.n rov-nce. g i'H6te ce ta Pro;ecture. ov eau de ce::e ,rnS'.;uuon. ala Mai.me.

..






owofessionnets les collaborateuts directs dle la rfcacion- Reoacteurs-TraclucLeurs. Stenographes. R6cacleurs revseurs et Reporteui-s. Dessinaleurs et
Phct'graphes.
Article 16- Tout journalist devra
dc1enir une carte d'identil6 dtivr6 par I'Association Nationale des Journalistes.
Celte carte sera enregistree A la Secre:airerie d'Elat de lInformation el
de la Coordination.
La carte speciale du correspondent
stranger sera d6livr6e dans la mime
forme.
Article 17. Cette carte est person.
nelle Lejournalistecevra toujours I'avoir en sa possession aux fins de faciliter son acces en tout lieu et son information et
ses demarches.
Article 18. L'Association Nationale
des Journalistes est seul juge de La delivrance de cette carte, taquelle est va~able pour une annie renouvelable pour pareille duree, sur decision favorable de rAssociation.
La carte portera les nom. pr6nom. residence. lieu el date de naissance. Photographie et signature do son ben~ficiaire, un nurn.ro d'ordre el le Sceau Ce rAssociation.
Article 19.- La profession de journaliste exige ce celui qui lexerce, une information morale, des connaissances inte!;ectuelles, du fair-play dans ses rapports avec tes tiers. le sens des responsabil*,:s surtout un grand souci du respec: de la personnalite d'autrui, ce, sans pr~judicier au droi de ce professionnel d'informer et d'6clairer opinion, de formuler des critiques con,structives Sur les affaires publiques ou en tout autre domaine et de faire des suggestions avec objectivity, loyaut6. la plus entire indLpendance et La plus grande liberty.
Article 20 Les autres. qui utilisent un pseadonyme, sont tenus d'indiquer par tc-rit. avant toute insertion, leur veritable nom au Directeur du Journal.
Ce dernier. en cas de poursuite Contre auteur d'un article sign d'un pseuclonyme. est relev6 des obligations du secret professionnel. A la demande du Cornmissaire du Gouvernement saisi d'une plainle Faute de qtoi, le Directeur ou le Gerant sera tenu pdur responsible et poursuivi en lieu el place de I'auleur.
TITRE III
DELALIBERTE DELAPRESSE
ET DESES LIMITATIONS
Article 21.- Le droll d'exprirner sa penste el d'informer opinion en route rr.atik:eest entirement fibre.
Exception fate:
a) du cas d'ttat de guerre d~ctarde
b) du cas d'abus ou de d0hit de presse d~lermines par ta Loi.
Article 22.- II est formellement interdit abx organes de la Presse:
1o) Ce prof~rer des c,'.-nses contre le Chef de rEtat el la Prem.ere Dame de la R6publique;


t6lev:ser, cinema'ograpier el trarsmeire les acles oe procedure crirrnlle avan' Qu'is sien* e: lus raud-ence publ.que;
. 3o) de rendre compte avec commentaire des 0dbas judiciaires sur les instances en diffamalion o6 la preuve des fails diffamatoires nest pas autorisfe. Sur les proc~s en divorce, en separation de corps, en recherche de paternitY, sur les proc's traitant d'esp6ce A caractre anarchiste ou infdressant la s0ret6 extdrieure de rEtat, le tout, A exception du jugement definitif qui ne peut 6tre public qu'aprds son prononc6. 4o) de rendre compete des delib6rations Int6rieures du jury. des Cours et Tribunaux. des debats d6roulks A huif los;
5o) d'entreprendre route mahoeuvre et publcit6 en nature A intluencer le cours des procedures en train;
6o) d'ouvrir et A annoncer des souscriptions pour le pavement des condamnations judiciaires;
7o) de se livrer 6 aucune attaque contre I'intlgrit de la culture populaire:
8o) de recevoir directement ou indirectement deg fonds e.1 avantages d'un Gouvernement Atranger, .9o) de publier, diffuse! ou reporter les Secrets des Commissions 'd'enqu6te parlementaire ainsi que les Secrets de la Defense Nationate:
10o) de contrevenir aux prescriptions de la pr~sente Loi.
Article 23.- Ne sont pas frapp6s d'interdictions:
1) les discours tenus au sein du Parlement, ainsi que les rappor's et loutes.autres pieces imprimes par ordre du Bureau de la Chambre L6gislative;
2) t& compte rendu objectif des stances publiques de la Chambre;
3) le compte rendu objectif et fid6(e des debats judiciaires non interdits par Article pr6c6dent, les discours prononcis. les plaidoiries ou les 6critss produits "devant les tribunaux. A exception:
a(des parties de plaidoirie et conclusion dont suppression est ordonn6e par le Juge;
b) des fails diffamatoires strangers A la cause.
STITREiV

DES RECTIFICATIONS
ETREPONSES
Article 24.- Le G6rant oule Directeurcle la publication est tenu d'ins6rer clans le plus prochain num6ro du journal u 6cril p6riodique et Ala mime place routes rectifications qui lui sont adress6es par un ddpositaire ou Agent de 1'autorit6 au sujel des actes de sa fonction rapport6s par le dit organs. avec inexactitude. denaturation.
Article 25. IL sera 6galement tenu d'ins~rer gratuitement, dans le plus prochain num~ro, A la mrn&me place, ef clans Les m mes caract~res de recrit in. crimin6. les reponses de routes person. nes nomines ou d~signes.
Neanmoins, orsque les r~ponses des particuliers dOpasseront le double does

..






go M I",,o ri-. lion sera pay6e pour le surplus seulement, A raison de 25 centimes de gourdelaligne.
Article 26- Lorsque les propos inexac-. Is et les imputations diffamatories ou injurieuses. qui donnent lieu A des rectifications ou r6ponses auront 616 diffuses par (a voie des ondes et Ia television. ces rectifications et rponses seront etles-nmmes diff,,stes dans les mmes conditions. ;
Faute par le dit organe d'obtemptrer A rinjonction de La partie 16ste, celle-ci peut se pourvoir par requtte devant I doyen du Tribunal Civil qui. aprLs communication au Minis1.re Public, ordonnera, s'il y a lieu, [a publication des reclifications of r6ponses.
Article 27.- Les propos injurieux et outragetnts profer~s par Ia voie des ondes constituent des injures publiques: TITREV
LIBRAIRIE COLPORTAGEA AFFICHAGE
Article 28.- La vente des iournaux est libre. .
Toutefois. ne peuvent 6tre exposes dans les vitrines de librairie. kiosque de colporfeur ou sur Ia voice publique des revues pornographiques ou dangereuses pour Ia Morale.
Article 29.- La librairie assure Ia vulgarisatibn de Ia pensde en rendant accessible A tous les lecteurs de tous ouvrages at publications. ddit~s localement ou A I'6tranger. moyennant que ces oeuvres ou dcrits ne soient robjet d'aucuneinterdictionigale.- To utefois. rentr~e, Ia circulation et Ia venle.dans le pays d'une publication 6 rang~re, A caract~re subversif ou contraire aux bannes moeurs. sonic inter. dites.
.Article 30.- Toute personne qui assure Is venle des journaux ou dcrits priodiques publics & rdtranger ou localement encourt Ia. responsabilite p~nale. forsque ces imprimes'contien. nent des articles tombant sous le coup des interdictions et d~lits prdvus aux articles 22,35 ot 50 de Ia presente Loi.
Article 31.-oes d6lits de Presse. prdvus par lap. senatee Loi. commis par fa voie de publications etrangeres seront poursuivis contre ceux qui auront envoy les articles delictueux ou donned l'ordre de les insrer.
Artilce 32.- L'activitO de colporteur ou de distributeur sur Ia voie publique ou en tout lieu. public.ou priv6, de livrer. dcrits, brochures, journaux, dessins. gravures,. lithographiesetphotographiesestlibre.
Article 33.- II est formellement interdit d'apposer des affiches. panneaux. r~clames en des endroits susceptibles de provoquer des rassemblements pOuvant peturber Ia circulation. it est 6galement d~fendu de les placer sur des sites, monuments. edifices publics. dglises, 6coles, le lor.g des routes, ainsi qu'aux endro!ts reserves pour 'aftichage des acles de i'autorite publique.
Article 34.- Seront punis comme


c"rlCes dune action quahfift Crime ou d~lit ceux qui, par des crits. des imprimes "'endus. distribuis 6u exposes clans les lieux ou reunions publics. soil par des discours. cris Ou chants s6ditieux. menaces proftrees par Ia voie des ondes ella T61,vision. soil par des articles expoc;es aux regards du public. auont directement portO I'auteur ou les auleurs A commettre ladite action. si Ia provocation a 6te suivie d'eftf et.
Celte disposition sera 6galement applicable Iorsqce Ia. provocation naura W At suivie que d'une tentative de crime ou de dlil pr~vu dans les conditions de 'article 2 du Code Penal.
Article 35. Ceux qui. par les moyens sus-6nonc6s. auront directement .provoqJ, soil au vol. soil au crime de meurtre, de pillage et d'incendie. soil A 'un dei crimes pr~vues aux articles 2.57 A 78, 254 d 313 e 357 du Code POal. seront punis, dans le cas oO cotte provocation naurail pas 6t suivie d'eflets, d'un emprisonnement d'un A 2 ans et d'une amended de 1000 5000 gourdes.
Seront dgalement punis dbs m6mes pines, ceux qui auront faitlrapologie des crimes pr6cit~s d'une manure directed ou Indirect.
Article 36.- Toute provocation, par lun des moyens sus-6nonc6s aux fins de d~tourner les membres des Forces Armies ou de Police et lesVolontaires de Ia S6curild Nationale de leur devoir ou de robeissance A leurs chefs sera punie d'un emprisonnement de dix mois A 2 ans et d'une amende de 500 A 3000 gourdes, $i ells a pour objel des actes qu e seules fes Forces sus-indiqu~es peuvent accomplir.
Article 37.- Il est interdii aux organe; de presses de diffuser aucune chronique, aucune rubrique prsentant. ,sous un jour favorable le bantitisme. le mensonge. le vol. Ia paresse, Ia IAchet6. Ia haine. I d6bauche ou tous les actes qualifies crime ou d(lit ou de nature A corrompre I'enfance ou [a !eunesse sous pejne d'un emprisonnemeni de 6 mois e f d'une amended de 1000 gourdes avec saisie et destruction des publications. .Article 38.- L'offense au Chef de rEtat et A Ia Premiere Dame de Ia R&publique. par l'un des moyens 6nonces A article
* 34 est punie d'un emprisonnement de I an et d'une amende de 2.000 A 5:000 gourdes.

Article 39.- La publication, Ia diffusion ou [a reproduction de nouvelles fausses, de documents falsiti&s. fabriquis de toutes pieces, mensongers ou attribus i des tiers, sera punie d'une arnende de 500 A 1.000 gourdes, lorsque Ia publication ou reproduction est faite de mauvaise foi. Si elle est ce n3!ure A troubler Ia paix publique, Ia peine sera de 6 mois A 2 ans d'emprisonnement of d'une amended de 1.000 A 2.000 gourdes.
Le -naximum des deux pines sera alppliqu., lorsque Ja publication ou reproduction est tout A Ia tois de nature A

..






APPENDIX D


Revised Press Law .31 March- 19-80


?auL~~ iot:._N.U. C~VVL~t. rV LA KTA ZIMaAMT o
L '-f *4 I0 ILMAIC$NALRS t t' Awil 2180
25me.A.@N.2 ANXM]IlIne. DE UA IIEVyLUTION DUVAIER13TIE od 3 Arl18

_7. ,,,


-.O-et srpgrtt Is i4 do 19 Stclmlre IM sor 1. P,~ %. k rm0"%
e ut it'.Ve !ti-.*ln ,:Is te t A !. N,2iC. dqt C4.n-eitL
-.C.'eel 01P 13 See-tlrrvie 1-ie-t do, Zwnz el c d'S M,,- Vunw '
w'scW',',t sla 'ivte de. 'im do es terrti,, domanious dtu6 F ?rt-am-riame
(or V'r~n, d'venn -rmei fL M iri: 2% .
_Wrm I xCtionnant Is Convention wr I& oh4n et I itle-rc.,n de Infr)-. 'n cents le- ppr"Voi jousi n d'u"s p-ol-felon latersallas, 7
omprh ih% Aret, nMplamoiqrm Convention .nt,.e.
4t~l tie [s,,'1,noewnt e hi S.d' Anonc .In ss : *Gautud Aptilles
Vr-". Ita'll S. A. %tn"t et a-, ost'U'i? mn.0 o.
.%Ai1., aipsuvwnt to ?sqsw~.im do pcmls. ril,itfre 'in *4ilt 4-T. ~~v Led- bt V'tr" Aletand.- rhiogime rno Enmeline Jv:. Gnles CAndf an diels
de fe son Ipou..
.,.~. ~-10- On Cow,-rell 4. rbdustri Lors.Iu A Zosof
gI.- '?.-. de .',. ot de Cnnmt t.p.


DECRET
JEAN.CLAUDE DUVALTER
resident i Vie do Ia Hi]pub qU
Vu !-. Aswcie s 2.2, Z^' C" 9 9^ et 94 do 1- Cons:tut!o.
Vu Ie d6c:et du 13 juin 1950, r3.POrtant 12 Loi dii 13 Dtcmbre 19= oi:r Is Presse: Vu le Dicret du 26 Aotkt 1957 modifiant celul du &a ,ourn 2930;
Vu Ie Dicret du 23 Aot,: 1060 orgrnisant un r-gime special en faver es So. i6s Arony'.3;
Vui ]a Lol du 16 Sept .'mbre 19,M3 Sur les SoCiiPis Anonymes Miter ,'u I* Dicret du 9 Janvier 19G3 suu los droilz d'auteur d'euvm lBuir-ires, scient:fiques ct artistiques; Vu It Ddcret du 12 Octobre 1977 aur la raodiuusi
Vu :a Loi du .9 Sepcmbr, 19.9 our h Prests;
V'u los articles 9, 77, 78, 258, 282 (le. alinia), 283. 313 & 22 d.i Code PIIa.
Vu les articles 19 & 53 du Code de Cozme-co;
Vu Is nrlic.es 13 et 14 de k Convontion letir-Amiricahne ur les iroa de I'hime (Pae de an Jons Cesta Rica) ratihli par Ia
rfpubIlqie d'.ali Ie 20 AoOt 1972; Vui Ii Diceo do is Ch3bmr ~~a~ ey dato dui 20 or~l*2sbrm 1979, muiipendant Zes ga.antic, priv-es 2ux articles 17, 18, 10 0 Z. .L 34. 4). 50, 70, 71. 72, 93 (denis',afn), 05, 105; 222; W'S, 2!2 (2eis. alir. 125 (2ime. ml,), 1 1' 1:4. 135,
1ST, 141, 150, 1S5, 193 t: 125 e Is Cor.*::t:cm e! accordant Ple.ns Fui;oln au l'n! du Po-vo7r Elciif, pr L'4 perm ttrw do.
p:eod:e jumq,'au deuxime luMd d'av-il 1.31. p.:r Dcros oaylt f-.--* do Lois, tWantes rn"er. qu'Il Jujer r e-L & aav,. a.-re. do rltt. & la .n.olida'i do "O.dre at d! In Pa-l als Vr-'t, : .N& T.oVOqo& nt c.ni.u d Ia Nat.',
-& I'appr~r.d ssement du bion.Itre if,' T.o7-aiUiorw rWses at '.tes, A I& dtfe.se des nti.'i.t Gi.-Lw x do !a I] ovb:que;
2.S.W.rant qt:?. I& Constitutioa cm:,acm le p-Ireit.t Oe Ia "e d'c'Cp'esjio i: pc-v' ,c ,-t h chnrt'n d',n ilur ams lou les domilnes.et par tous los me'.'ens en son pouvoir;

". 1-%. r.c.'r- !"':" : : i t-o:i1-'r.' -*- .':' :-.
t::.- fcure -: nKI :- rmore av . '-o%:--. ,e.s cz7-.--.".u:iz d"-.


n-rati7nez qui so Coivezit en rotour do liii assurer 1",ndpendanom et 12 rkvuriti a V-s .e tou'es Uos fad""nc--aig-s a oa entl" zatyozme.z-inL. ".
Consldirant que'es dilits do prese sont avant tout des diet as dro'.: uo-n; que teuls ceux qui portent at ait ordro contsls.tionnel sent des dlits politiques; !': :.
Coild rant qu'il convent do rapporter Iss Lot do 29 Septambre 1979 sur Is Presse et de la re=placer par uno li.slation plus coo. for=e & 1 poliiquo' do lib&.sisation du Gouverte nat do la Rd.tsblique;
Sur lo npport des Seertaires d'Etat de lnt~rfeur et do la Demn WaN-omale, de la Justice, do Is Coordination at de l'Iniormatim .
Et apris dilibiration on Cow, el des Seo.ta:rw dM'at.
DECRETE

Dr-L P"SE
Article ir,- La Presse group::
1) les imprimeurs, le maisons didmltion et ls libralries;
2) Ics journaux qsotidie.:, los be1domadalrcs at nutres phloe3 ques te:s Ios gainsn, los cahiera ou lell.es paraiusant A intcrmllos t4luueni .. .'
3) les fstiomn e radiodiffusion ot de tilivision telies que d~finlim .a-' Cb;pitre IV du Dkret du 12 Cctobre 1977 str I radiodiffusim
4) les agences do press.
A't:.ce 2,- Tout eyr hitt:en pext. sana autrisaton 4S1tS'O, s'adonnee aux professions allirentes aim quatro branches d'activitd, ci-dessus iniquies.
+ Ari3ce 3.- L'ezerc'r. do 'cer aetis4 reste capendant nmsms l a prisente ftislation come ux lots s=r I& profession moorcl., ==r I* proorliti littirimo sir Is, radiorl.iftion et Is tilivisaa Article 4.- Tout imprii rendu public doit porter lztdication des nor, pr.noa at domicile de l'i=primeur at de l'idliteur, la dat at 3e numro dordre de 'Edition; ". Article 5- L'imprimeur est ten%, dans les 72 heures avat Is Warut'on de deposer cinq (5) uiznplaires do rl'mprinm, savon. 4
It Port au.Prine. A Ia Secrktairerie dEtat do Ihat.-mur at Ar Ia Defense National., :.' ".' :"
en Province, & Me~tl do Is PrdfeesUm u .s difaut do matt. Institut'ce. & I H61iI Communal .
Article 6.- Sent dispensis du dipt
a) les ouvrsges dits de vife (lettr s, carter d'iv itti%. dav d'na'o.sse. do visited, paper 1 lotfrs. onveloppes A en-te.) b) It travaux dimpression dits admini:strat~fs (facture, agv &'oBs tros ). L . I . .I.- . "
c) Its travaux drimpresslon di. de commerce tariffs insbrwdona irkuettes. cares d'ichantillon ou autrre), d) Ie- bule'iln de veto, Im tires de publk-tion non er.c-,ee i-pr=!s. ie. el merti!icats d'antion et d'obli.,2ti;rs des 3oc-ite&COTn"', Ornrr E P1"E~s r.* Drs jOl'rNALT.T-7
-, .;'e T. To-!i .n'.-pr ize de P-elr, 001: OV-i- L i rs1': .n-tzble c:. r.zi raL~ti ka~tierne. io -'z.=.-t ee z.-. c!.-,i= civsLs r* r, h'd

..






e 4 .C-TLTR. 233


TrrlE VI
INFRAC2ICNS' ET SANCTIONS

Article 27.- I eat interdit aux organes de prom do diffue,. des
ducu qT eS i des ,, c. .8u .2i 1 0*. 3 J.'C- qu. *ss ira=es ou dilita, w de nature k orrompre le.nfance ou L jeune.- ou A vctou-a;er Is traffic at I'ua;e des stupdiant sous paine d'une i.mende de 500 A 2.000 gourds ou d'un emprisonnement d'un resia
A t'ois mos avec saine c destructi=n des pubbcations.
Article 2J.- L'outia.e fait aa Chef de I Etat. h la Prem lirw Dame
de Ia Ripublique sera puni d'un e--prisonnement d'un an k trol ans.
Article 29.- L'inac-omp.:-;sint des forma',.6 p.'vues aux ar.
tVes 4. 5. 8, 9, 12 it 33 de La prisente loi entralneTa Is suspeunaon, par le Diparlement de 'lntirieu- it de La Difens Nati=ale, do loCane de pzeje OU ce isacLv,i ir.rmind;.
Article 30.- Lnob.ervnee de l'une des dispositions des artclces
22 et 23 d? 'a prisente L:i est puaii d ure amerde d- 500 A &000
gourd: ou d'un emp:iLncenent do 3 co's A .2 wc,:a.
Artcle 31.- Ceux qui auront frauffuleszement ob'enu it ut 146
Is carte d'ident;!. de journaaa:e sront poursuivis pour usage da.
fausie quality et pa-'.ib as dune amended de dcix cn3 i c q cezts.
gou-"s.
TITE VIs
DES POURSLTIES ET DE LA PROCEDURE

Article'22- Salcn Is cas, xsront pourawLvls* ca=ma autaum pr~n.
cpauy. des d.lts de prows:
) fez au:eun ou gizans responsabht;
2) Its id-oaur ou imp:un. .Article 33.- Le prcpri air, dun or-ane de prese e: reponabIle des riparations pc-unisires au profit di !a partie civ It.
Artic'e 34.- Toute personne qui -v pritindr- lise. par un dilit de pres'e pourra s'adeser di.ec.ement au Tr bunal Carectionou eo rrd.e ,,ia's dana Los former prviues par le Code dinstructon' Crininelle (C.I.)
AaIclo 35.- Lac.'on pub'Jque en matidi e d&-'t de.preis preescrit par tiris rno', A computer du jour du diliz ou du Sour d'un W.e interrp.3 di 'a pres= pt.M. Article 36.- L'action p4nale, in madi r de dilit de press. sa po:tie d.vant Ze Tr.bunal du lieu du oali: vu de :Jui de la rAda=ce du privenu ou di ceu ol I- privenu aura i*i trouvd. La cause sera jugie toutes a&fair" cessantes, zArs "=L-4 n tour do r6le; at !e jugen'ent rendu dm L tol jou a dt Is . on ordonnant Je dil:br4.
Article 37- "a provocation cot woe cause d'exeut ligale dui dili: d'inju.ra at rend cc di-at non pun'ssable. Ar.ce 38.- Larrt;:ation pr ven, ., en matre de dilit do prae. nest pa d diroi4, except# dam las privul, aur artic w 22 (pa.agrapb's 4 it 5), 28 di Is prisenI. LW at *is b lib" VeV_.'re cc sera pa accordie.
Artcle 3.- La police judcahr confl.quera Its exetpttrs ,o reicrl: oU Its doss.er tombgAnt sous le coup d! I* prisente Li it diiera ;s rasponsables par.devan. Its Tribunaux cbwgi di los punr.
Artee 40.- En matlire de dilil do prere, le jugement at mscepuble d'opposition, de pourvoir ean CAsaLon.
Co, revours -root exerces dana les formees prtscritea par. ]@ Code d.ast'uctionn Cr-minelle.
7TTRE V711
DXSPOSITavNS SPECIA.ES
Artole 4L- Une commiasen, f-foie I Ia dligence de Is Secst& fairerie dT-a: de l'nformaton *t do Is Coordattiop. assatera I cin v. itraaers A l'oecas!on de tournage di iilms.
Art.ce 42.- En votu de l'article 21 de I- praiente LoL aucung ceft,e prdsAs ea ne peut frpp-r une reprisantation thikrala% a. ninca:ographique, cho grpXiqvr, sous rnerve des d spositions du DZ'ret du "V janvier 2968 cur -lea Droits dautaur d'-uvre" littiraivzse gvcntiliques et art'siques
Article 43- Les ktrangers ou !e av-ds cominerclles itrangsea re pourront, a su-mn cas, re denfeurs en HaIti. das urs, 1t".-ise d; press queleonque. do plus de 40% der actions ou du Capital SosjaL


Artic:e 44.- Lexexeice de ractiviti d'azent do publ'h1td. crnst. ciale dam Jes joumaux, ,4 racL-, ti i vison ou autre eat stirct. m-. r&srvie aux na.onmux.
La v.olation de ce.e djpositioc entrainera pour Ie g&anl reponsable o0 Is proptair' de I agence une Ainjgd.- c 50 1=01 g~uds A proncm.er p~r le Trib.r.J c 4.-tenL D- plUs Is carts d ident;: pvfesso.,.e de l1.*anger sera aznuge at L
TaTRE IX
DISPOSITION DABROGAT7ION
ArtCcie 45.- Le p:saent Dic'et ab:oge to-ues Lois ou diositions
-is Loi, to-us D-res oed 'om! ee Ed.e?-, w us D. &.Lo, iu dsP0:-ujns de D6-ts-Lo.:s qul Jul :Or: evn.a ics et se.a puLli6 e1 excu:a *i 'a duigence des Secritaires 6E:at dt lInt&'etw it de 12 Dib ise Nzti~na~a, dr Is Coara~nation et de Imaratisnd I J-"!cs, chacun en ca quj I@ concern.

Doon au Paai, NationA Per .Lau-.Pnc, 32 mmI ,mSl An 17size. de I1n4dc ee.


11a Is Pai"Aaak


JL4.-CLAUDZ DUVAL


suaci& egZ t do t~n,&i6dw e do te z4J*us ift511, C'.09 RArmOND
-Zp Secrdjairw tiza do In Coo.Snition of do rzjr,,w&= len AIARCIbSE L.Sie-Jtalo dEta do ka )aice :'Me. EwId ALMXS
'Sweswe t.& die Fem-,wi. at des Atlr,, A.
Or. 1Ursa B(JYL I
Ia Swdrtaire eir.: au Gommawc. at d rine'ii, Andri DUMELE
-to Swinir, d'Etut I I- S mi Pubtiq, at de pusdn I D,. WiL 'g 1W,.
TK* Sairidst Eav er Allow's. Etroqgs wt A& CakZes L.
Cevrt~s SALOMON'

Cow~mscietiv :In. Alix CINEAS
Eg wceid r tEtot &i IAS-icultumw* Ane Rrownece NvhfffWIa
atdu Dicvilfsq"-i~t Aural : igoni ?-.d SL CLAIR."* 5 rmire d'tet du Plan Raoul BERAZY
K. Socdtairo CrEta det M'.nes rt Art A-t.cut"de Lr Jtiqu Frif PIERRE LOLUIS ~aSoorludf ti Es' &u Tremi?' ,.t d Afldne$ Sec4slur Ilul'r d RflNtER4Y to So~ar J*Etat do lrEdweon NaionaI JpimI C. BERN4ARD
COW I aoTr dEa, A Isfew-- at a= Spourta TmAL. L_ ACILLE


pro, &a Jte;di 3 Avrfl I


"v- MO

..


APPENDIX E


LIST OF DEFENDANTS AT THE AUGUST 1981'
AND AUGUST 1982 TRIALS


1. Sylvio Claude



2. Marie France Claude 3. Berthony Pierre Paul


4. Jacques Price Jean


5. Gabriel Herard 6. Frantz Dossous


7. Roger Nicolas 8. Yves Theodore 9. Joseph Antoine 10. Alvarez Cineus 11. Paul Theodate 12. Augustin Auguste 13. Ernst Benjamin 14. Raoul Acean


President Haitian Christian Democratic Party Age: 46

Vice President Haitian Christian Democratic Party Age: 23

Ethnology student Age: 23

Journalist Age: 25

Student Age: 28

Botanist Age: 29

Electrician Age: 43

Technician Age: 26

Driver for Sylvio Claude Age: 24

Barber Age: 36

Chauffeur Age: 41

Butcher Age: 70

Teacher Age: 28

Tailor Age: 24

..



APPENDIX E (con' t.)


15. Jacques St. Lot 16. Michel Francois 17. Clervio Claude




18. Eben Ezer Jean 19. Jacques Perard
Berthulien


20. Jacques Lumercier
(Lumenes) Dominique 21. Anelus Vernet 22. Georges Dominique


Mechanic Age: 35

Mechanic Age: 26

Lycean at Centre de Formation
Intellectuelle Constant D.
Pognon Age: 22

Nurse Age: 36


Tailor Age: 36


Artist Age: 31

Chauffeur Age: 35

Chauffeur Age: 35

..


APPENDIX F


PARTIAL LIST OF PERSONS DETAINED WITHOUT
CHARGE IN AUGUST 1982 IN THE CASERNES DESSALINES





1. Herve Denis 2. Felix Lamour

3. Leslie Delatour

4. Guy Malary

5. Robert Dominique

6. Phillip Baker

7. Jean Rouzier

8. Elizabeth Silvera

9. Roger Rouzier

10. Guy Bouchereau

11. Gary Rouzier

12. Michel Chamaly

13. Joseph Saliba 14. George Izmery

15. Antoine Izmery

16. Masin Izmery 17. Sonia Gabriel

..