[News] Haitian Death Squad leader accused
News at freedomarchives.org
News at freedomarchives.org
Mon Jan 17 16:31:00 EST 2005
16 JANUARY 2005
FROM: News HaitiAction.net
HAITIAN DEATH SQUAD LEADER, TOTO CONSTANT, TO BE BROUGHT
TO JUSTICE FOR HIS CAMPAIGN OF RAPE AND MURDER
COURAGEOUS WOOMEN BRING CIVIL SUIT
FOR ABUSES BY FRAPH
<http://www.haitiaction.com/News/CJA/1_14_5.html>http://www.haitiaction.com/News/CJA/1_14_5.html
New York, NY: Emmanuel "Toto" Constant was served with a lawsuit today that
accuses him of responsibility for torture, crimes against humanity and the
systematic use of violence against women, including rape, for the purpose
of terrorizing the Haitian population during that country's brutal military
regime in the early 1990s.
Despite being the outspoken leader of the paramilitary death squad known as
FRAPH (Revolutionary Front for the Advancement and Progress of Haiti), Toto
Constant has lived and worked openly in Queens, New York, for the last ten
years. The U.S. government tried to deport Constant in 1995, but suspended
its efforts and released him from detention after he threatened on the 60
Minutes news program to expose information about the CIA's role in the
formation of FRAPH.
The lawsuit was filed in federal court in the Southern District of New York
by the Center for Justice and Accountability (CJA), based in San Francisco,
on behalf of several women who survived savage gang rapes and other forms
of extreme violence, including attempted murder. The Center for
Constitutional Rights (CCR), based in New York, is serving as local counsel.
Following a violent military coup against President Jean-Bertrand Aristide
in 1991, the Haitian Armed Forces trained and armed members of FRAPH to
maintain control over Haiti's poor masses. After democracy was returned to
Haiti in October 1994, the government of President Aristide issued a
warrant for Constant's arrest. He fled and came to the United States.
All three plaintiffs in this case are women who were targeted by Constant
and FRAPH as part of a systematic campaign of violence against women. Two
of the women were gang raped repeatedly by FRAPH members in front of their
families. One of the plaintiffs became pregnant and bore a child as a
result of the rape she suffered. FRAPH operatives attacked the third
plaintiff, leaving her for dead. Due to the fear of reprisals, the
plaintiffs in this case have filed their claims anonymously.
The lawsuit is especially timely because Haiti is again suffering from the
massive, sytematic human rights violations committed during the 1991-94
military dictatorship. Many of Constant's former subordinates in FRAPH are
again wielding considerable power. They have embarked on a campaign of
abuses, including widespread rape, since President Aristide was forced from
office in February, 2004. Among the leaders of this renewed violence are
FRAPH's former second-in-command, Jodel Chamblain, and local chief Jean
Pierre (alias Jean Tatoune), both convicted murderers. In addition, three
members of the military government's High Command who were deported from
the U.S. for their involvement in human rights violations - General
Jean-Claude Duperval, Lieutenant Colonel Hébert Valmond, and Colonel Carl
Dorelien - were freed from prison and have not been re-arrested. CJA
brought a case against Dorelien before he was deported and obtained a court
order preventing him from receiving nearly $1 million he won from the
Florida State Lottery.
The types of attacks suffered by the plaintiffs in this case - the gang
rape of women by paramilitaries as a form of punishment for the women's
political beliefs - have been occurring in alarming numbers in recent
months. One of the plaintiffs in the suit against Constant, speaking on
behalf of all of the plaintiffs, said: "We hope that the suit will deter at
least some of the violence, by sending a message that anyone who commits
atrocities will no longer be able to visit or live in the U.S. with impunity."
CJA's Executive Director Sandra Coliver stated: "Toto Constant's
comfortable lifestyle in Queens has enraged and offended the Haitian
community in this country as well as human rights activists around the
globe. We are honored to represent these courageous women who are taking
great risks by coming forward. They brought this lawsuit in the name of the
hundreds of women who cannot speak out because of the violence that reigns
today in Haiti."
Commonly referred to as "The Devil," Toto Constant has been the target of
several community protests in Queens. In November 2000, he was convicted in
absentia in Haiti for his role in the notorious "Raboteau Massacre" of
April 1994. Until now, no court in the U.S. or Haiti has forced him to face
trial in person for the human rights abuses he committed against the people
of Haiti. No one from the ranks of FRAPH or the Haitian Armed Forces has
been held accountable for the hundreds of politically motivated rapes that
were committed and continue to be committed against the women of Haiti.
CJA, based in San Francisco, has obtained favorable verdicts in similar
cases involving human rights abusers from Bosnia, El Salvador and Chile who
had come to live in the U.S. The Center for Constitutional Rights has
brought human rights cases against individuals and corporations responsible
for human rights violations since 1980, when CCR filed the groundbreaking
case which allowed those who have suffered human rights abuses to bring
their claims in U.S. courts.
Jennie Green, CCR Senior Attorney, commented: "The U.S. government claims
to be fighting a war on terrorism, all the while allowing a man who
terrorized people in Haiti to prosper in our midst. Documents released by
the U.S. government show FRAPH's role in human rights violations. Constant
as its leader must be held accountable."
For additional information about the case, please see CJA's website:
www.cja.org. For more information on the current human rights situation in
Haiti please contact the Institute for Justice and Democracy in Haiti at
www.ijdh.org
The Freedom Archives
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San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org
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