[News] Haiti trial a sham

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Wed Aug 18 11:55:01 EDT 2004


From:    Brianhaiti at aol.com
Date:    Tue, 17 Aug 2004 21:47:09 EDT


Institute for Justice and Democracy in Haiti


August 17, 2004

Contact Information:
Brian Concannon Jr., Director
BrianHaiti at aol.com
www.ijdh.org
541-432-0597
541-263-0029


IJDH Human Rights Alert:  Haiti Assassination Trial An Affront to
All Those Who Have Worked and Died for Justice



In the early hours of August 17, a sham trial in Port-au-Prince acquitted 
notorious Haitian rights abusers Jackson Joanis and Jodel Chamblain of the 
1993 murder of businessman Antoine Izmery.   Neither the judiciary nor the 
prosecution made even the minimum effort required by law to pursue this 
important case.  The absence of effort combined with top Haitian officials' 
public support for Chamblain and his colleagues compels the conclusion that 
Haiti's interim government staged the trial to deflect criticism of its 
human rights record without alienating its military and paramilitary 
allies.  The trial is an affront to the thousands of people who have worked 
and sacrificed for justice in Haiti over the last fifteen years.

I.  Background

     Antoine Izmery, a prominent supporter of President Aristide, was 
murdered on September 11, 1993, during Haiti's de facto military 
dictatorship (1991-1994).  Mr. Izmery had organized a mass at 
Port-au-Prince's Sacre Coeur church, to commemorate the anniversary of the 
1988 St. Jean Bosco Massacre.  Soldiers and paramilitaries dragged Izmery 
out of the packed church, in full view of  the Haitian and international 
media, the diplomatic community in Haiti, and UN/OAS Human Rights 
Observers, and shot him on the sidewalk outside.  Both Joanis and Chamblain 
were convicted, in absentia for murder at the 1995 trial of the Izmery killing.

     Jackson Joanis was a Captain in the Haitian Army, and head of the 
Anti-Gang police, the de facto period's most feared army unit.  Joanis fled 
to the United States, but was deported back to Haiti in 2001, because of 
his record of political persecution.  He has also been formally charged in 
the 1994 assassination of Fr. Jean-Marie Vincent, and was identified as a 
major human rights abuser in reports by Amnesty International, Human Rights 
Watch, the United Nations, the Organization of American States and the U.S. 
Government.

     Jodel Chamblain was the co-founder and chief of operations of FRAPH 
(Front Révolutionnaire pour l'Avancement et le Progrès Haïtiens), Haiti's 
most notorious death squad.   He was also convicted in absentia for murder 
in the 2000 Raboteau Massacre trial.  After the 1994 return of Haiti's 
constitutional government, Chamblain fled to the Dominican Republic, where 
he trained with other paramilitaries and former soldiers in exile.  He 
returned to Haiti in February as a leader of the insurgency that attacked 
towns in Haiti's north, killing police officers, destroying prisons and 
terrorizing the civilian population.

        The insurgency helped dislodge Haiti's constitutional authorities, 
who were replaced by a U.S.-backed unconstitutional government.  Insurgency 
gangs still controls large areas of Haiti, and refuse to disarm.  Both the 
insurgency and the allied de facto authorities have engaged in widespread 
attacks against those perceived to support Haiti's constitutional 
government, including hundreds of killings, as well as illegal political 
arrests and detentions, and rapes, beatings and other torture.

        Joanis and Chamblain are the only two human rights abusers from the 
de facto regime who have been pursued by the justice system, even though 
many others had been convicted, or escaped.  These include a dozen people 
convicted in person at the Raboteau Massacre trial, including FRAPH leader 
Jean Pierre, alias Tatoune, and Army Captain Cenafils Castera, as well as 
three members of the de facto High Command convicted in absentia for 
Raboteau and deported from the U.S.  Other prominent fugitives from justice 
include former dictator Prosper Avril, found civilly responsible for 
torture by a Miami court, and Henri-Robert Marc-Charles, now a top advisor 
in the Ministry of the Interior, both ordered imprisoned pending trial for 
the 1990 Piatre peasant massacre.

        The justice system itself has been attacked by the insurgents, and 
ignored by the de facto authorities.  In March, the judge who convicted 
Chamblain in the Raboteau case was beaten by men claiming to be retaliating 
for Chamblain's Raboteau conviction, and hospitalized.  In April, Chamblain 
boasted to reporters that he was acting as a "judge" in Cap Haitian.  On 
July 1, ANAMAH the Haitian national judges' association, issued a press 
release deploring the increase in the politicization of justice and illegal 
arrests over the previous four months.   Later that month, when a judge in 
Les Cayes ordered the release of political prisoner Jacques Mathelier, the 
authorities transferred the prisoner to Port-au-Prince, where he remains 
incarcerated.


II.  Pretrial Proceedings

        Both Joanis and Chamblain had been convicted in absentia for 
Izmery's murder in 1995.  Under Haitian law, those convicted in absentia 
have the right to a new trial, but they must be arrested immediately upon 
entering Haitian territory.  Joanis was arrested when he arrived from the 
U.S., but escaped from prison on February 29, when the insurgents attacked 
the National Penitentiary.  He turned himself in on August 9 in order to 
participate in the trial.

        Following international criticism of  the de facto authorities' 
alliances with known human rights abusers, Chamblain publicly turned 
himself in on April 22.  At the time, Minister of Justice Bernard Gousse 
admitted that the surrender had been negotiated, and declared that 
Chamblain "had nothing to hide."  This sent a signal, especially to 
prosecutors who are appointed by the Minister, that Mr. Gousse had already 
decided the outcome.  A month earlier, Prime Minister Gerard Latortue 
praised Chamblain and his colleagues as "Freedom Fighters."

        Haiti's Code of Criminal Procedure required that the cases against 
Chamblain and Joanis be assigned to an "Investigating Magistrate" (Juge 
D'Instruction) who reviews all relevant evidence, interrogates the suspects 
and any potential witnesses, and issues a formal charging document called 
the ordonnance.  The Prosecutor (Commissaire du Gouvernement) is then 
entrusted with preparing the case and presenting it to the jury, including 
contacting witnesses and ensuring their presence at trial, and presenting 
all documentary evidence.

        In this case, no investigating magistrate questioned Joanis after 
his surrender, and there is no indication that Chamblain was questioned 
either.  Officials simply re-filed the ordonnance from July 1995, without 
adding information obtained over the last nine years from interviews with 
defendants or other means.  They did not add any additional documentary 
evidence to the case file, not even the section on the Izmery killing from 
Haiti's Truth and Justice Commission report.  Haitian and international 
human rights groups that are known to possess information relevant to the 
case or to have access to witnesses were never contacted for the investigation.

        The Prosecutor made almost no effort to obtain witness 
testimony.  Many witnesses known to have information were not contacted at 
all.  The prosecutor claims to have sent witness notices to only eight 
people, and these were sent on August 13, the last weekday before 
trial.  The law requires witness notices to be served at least three 
business days before trial.  Witnesses were not asked whether they would be 
willing to testify, or if they still recalled the events of Izmery's 
assassination eleven years ago.

        The Izmery trial was informally announced on August 12, three 
business days before commencing.  This violated several notice requirements 
of the procedural code, and provided the defendants with a cause for appeal 
had they been found guilty.   The illegally short notice also limited the 
ability of national and international human rights groups to monitor or 
criticize the proceedings.

III.  The Trial

        The trial began on Monday, August 16, and ended before dawn on 
Tuesday, August 17.  Only one prosecution witness appeared, and he admitted 
that he was not, in fact, an eyewitness.   The prosecutor was obviously 
unfamiliar with the file, and appeared to be going through the motions, 
with no attempt to present a convincing argument to the jury.  Many 
observers and journalists left the trial in the early evening, afraid of 
venturing out on the capitol's streets after dark.

        Amnesty International referred to the trial as "an insult to 
justice" and a "mockery."

IV.  The Next Step

        Both Chamblain and Joanis remain in prison, awaiting trials on 
other charges.  Chamblain's lawyer predicted a new trial on his in absentia 
Raboteau conviction within a month.  The Minister of Justice predicted that 
Chamblain may be pardoned, even if he is convicted again.  Joanis has been 
formally charged for the 1994 killing of Fr. Jean-Marie Vincent, but that 
trial has not been announced.

V.  The Fight For Justice in Haiti

        Haiti's Truth and Justice Commission estimated that 5,000 people 
were killed along with Antoine Izmery during the 1991-1994 dictatorship, 
for supporting justice and democracy.  The Director of the Port-au-Prince 
morgue reported disposing of over 1,000 bodies in the month after the 
departure of Haiti's constitutional government this year, many of them 
bearing the signs of torture and execution.

        During more than nine years of elected governments in Haiti 
(1994-2004), thousands of people worked tirelessly for justice.  Victims 
who survived and the families of those who did not survive organized to 
pressure the justice system.  They marched, protested, kept vigils, wrote 
letters, sang songs and told and retold their stories.  Others, from Haiti 
and abroad, participated within the structures: they created, ran and 
attended the Judicial and Police Academies that trained a new generation of 
professionals.  Still others documented abuses for the Truth and Justice 
Commission, the United Nations, the Organization of American States and for 
human rights organizatons in Haiti and abroad.  Many put their lives and 
reputations on the line, by participating in prominent trials as witnesses, 
complainants, judges, prosecutors, lawyers and jurors.

        The dividends from these sacrifices and efforts were less than most 
had hoped for.  Progress on prominent cases was frustratingly slow, and 
some controversial cases stopped completely.  But justice was served under 
the democratic governments: the better trained prosecutors, judges and 
police officers did their jobs imperfectly, but more justly than anyone had 
before in Haiti.  Two prominent human rights trials in the year 2000 rose 
to international standards, and exceeded any complex trial in Haiti before 
or since.  Investigations into peasant massacres and political rapes 
proceeded slowly, but proceeded.  Each successful trial built upon its 
predecessors, and set a new, higher standard for justice in Haiti.

        Today's trial of Chamblain and Joanis indicates a full return to 
Haiti's historical injustice, and the elimination of the foundations 
erected with so much sweat and blood.  While political prisoners with no 
evidence or accusations in their case files continue to fill the National 
Penitenciary, convicted murderers are acquitted in a charade trial, their 
files chock full of evidence but un-opened.

History shows that Haitians will not accept this return to injustice, and 
will keep fighting against it.  But they cannot prevail on their own, and 
history shows that the international community is as likely to acquiesce in 
the new order as it is to vigorously protest.   It is therefore incumbent 
on those of us who can safely advocate for human rights in Haiti to do so 
persistently.  Failing to speak out betrays the sacrifices already made, 
and encourages future atrocities.


For more information:

WWW.IJDH.ORG (reports on current human rights conditions in Haiti, legal 
analyses)

WWW.AMNESTY.ORG (reports on current human rights conditions in Haiti, 
including press releases following the trial and Chamblain's March arrest)

WWW. NCHR.ORG (press releases from Haiti (8/12/04) and New York (8/13/04) 
regarding the trial of Chamblain and Joanis).


Brian Concannon Jr.
Institute for Justice and Democracy in Haiti




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