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<font face="Arial, Helvetica" size=2>From
</font><font size=3>center4justice@cja.org <br>
</font><font face="Arial, Helvetica" size=2>December 2, 2009<br><br>
Dear Friends of CJA,<br>
<br>
Yesterday, the Second Circuit Court of Appeals upheld a judgment for $19
million against Emmanuel "Toto" Constant, the former leader of
Haiti's notorious death squad known as FRAPH (Revolutionary Front for the
Advancement of the Haitian People). Constant, as you may recall, is
a CJA defendant who was found liable for torture, including rape,
attempted extrajudicial killing, and crimes against humanity in
connection with his role as the leader of FRAPH. He was ordered by
a federal court in New York to pay $19 million to our clients, three
courageous women who survived savage gang rapes and other violence
committed by paramilitary forces under Constant's control. <br>
<br>
The Second Circuit ruled that plaintiffs had presented sufficient
allegations that Constant had "worked in concert with the Haitian
military to terrorize and repress the civilian population,"
relying on the legal standard the Circuit set forth in its prior ruling
in Kadic v. Karadzic (against Bosnian Serb leader Radovan Karadzic, now
on trial in the Hague). The Court also rejected Constant's attempt
to argue that he could not defend himself because of his incarceration in
New York prison for mortgage fraud, holding that he was not even in
prison at the time he was served with the lawsuit.<br>
<br>
The $19 million damages award was the culmination of an extraordinary
journey by these three women who were targeted because either they - or
their husbands - were pro democracy activists. This case marks the first
time that anyone has been held accountable for the campaign of rape that
destroyed so many families in Haiti. And, perhaps more importantly, this
case gives a voice to the countless other women around the world who have
been victims of state-sponsored sexual violence. In holding that rape is
a form of torture, this decision was a critical addition to the body of
law prohibiting sexual violence. <br>
<br>
Constant first came to the U.S. in 1994 to avoid a Haitian arrest warrant
for murder and torture. He moved to Queens where he changed professions
from death squad leader to mortgage broker. Not surprisingly,
Constant began engaging in fraud and was eventually indicted in 2006 on
criminal mortgage fraud charges by the New York Attorney General.
In October of 2008, Constant was sentenced to 12 to 37 years in prison
for his role in a criminal mortgage fraud scheme in New York. <br>
<br>
Special congratulations and thanks to our clients and their families, the
Haitian community, CJA attorney Natasha Fain, pro bono counsel Ivor
Samson and Daniel Pancotti of Sonnenschein Nath & Rosenthal LLP, and
co-counsel Jennie Green of the Center for Constitutional Rights and the
University of Minnesota. <br>
<br>
Below is a copy of the text of the press release that was issued
yesterday<br><br>
Best wishes, <br>
Pamela Merchant<br>
Executive Director<br>
<br>
For more information on CJA's case against Constant please visit our
website,
<a href="http://rs6.net/tn.jsp?et=1102862107181&s=2900&e=001Kri2CoCu2E5oM8Z6hLs8a6Gve7VBYjFoqCx1lPV0S5Cm-7tLpULrU0q9FQXn0P8p8ywPW0isS0gS2N8xUAnOpizS64H4MG3thvoZg1Q8kK4=">
www.cja.org</a>. <br>
P.S.: Your investment in CJA goes an extremely long way: for every dollar
CJA receives, we deliver four dollars in value because of our network of
pro bono attorneys, investigators and researchers. To donate online
safely and securely please
<a href="http://rs6.net/tn.jsp?et=1102862107181&s=2900&e=001Kri2CoCu2E5JzdZO5UZsLve4L2wscFc88TLenZpjzbLCpIvdAPILxMQwoOIWysqFCoFQJpUYtSEgDySjCBWI4UQghWulXtEXwoV12g3-NKugPMdjGTKm87MaB-xS5xVGsEjIfIaSCO5aa6mJPeqsGeLB0YjJl25PNyjod2bdmH-TNWl-RsDVBUTxxnxw2iaDemXYtRBq2PZudIaxat-oM5t2pQw-AUU1FPBTBaR1Puw=">
click here</a><br><br>
$19 Million Judgment Upheld Against Former Haitian Death Squad
Leader<br>
<br>
Toto Constant Liable for Rape, Other Torture, Attempted Killing<br>
<br>
(NEW YORK, December 1, 2009). Today, the Second Circuit Court of Appeals
upheld a $19 million judgment against Emmanuel "Toto" Constant,
the former leader of Haiti's notorious death squad known as FRAPH,
concluding "there is no basis on which to challenge the judgment of
the district court," which awarded $15 million in punitive and $4
million in compensatory damages to three women who survived rape, other
torture and attempted killing committed by Haitian paramilitary forces
under Constant's command. The appeal was based on the judgment of
U.S. District Court Judge Sidney H. Stein of the Southern District of New
York finding Constant liable for torture, including rape, attempted
extrajudicial killing and crimes against humanity carried out as part of
FRAPH's reign of terror during the period of military rule in Haiti from
1991 to 1994. <br><br>
The Second Circuit ruled that plaintiffs had presented sufficient
allegations that Constant had "worked in concert with the Haitian
military to terrorize and repress the civilian population,"
relying on the legal standard the Circuit set forth in its prior ruling
in Kadic v. Karadzic (against Bosnian Serb leader Radovan Karadzic, now
on trial in the Hague). The Court also rejected Constant's attempt
to argue that he could not defend himself because of his incarceration in
New York prison for mortgage fraud, holding that he was not even in
prison at the time he was served with the lawsuit.<br><br>
The Center for Justice and Accountability's lead attorney on the case,
Natasha Fain, commented, "Today's ruling is a momentous step for
accountability for the state-sponsored campaign of rape that destroyed so
many families in Haiti." <br><br>
Added Jennie Green, former Senior Attorney at Center for Constitutional
Rights (CCR) who litigated both the cases against Constant and Karadzic,
"We are pleased that the Second Circuit followed the important
ruling in the case against Radovan Karadzic that human rights violators
acting with a brutal regime must be held accountable."<br><br>
Constant first came to the U.S. in 1994 to avoid a Haitian arrest warrant
for murder and torture. Despite the outcry from the Haitian community and
human rights organizations, he lived and worked freely in New York. The
U.S. government moved to deport Constant in 1995. However, after he
disclosed on 60 Minutes that he had been on the CIA payroll during the
period when FRAPH was formed, he was released from detention and was
allowed to remain in the U.S. He moved to Queens where he
changed professions from death squad leader to mortgage broker.
Constant began engaging in fraud and was eventually indicted in 2006 on
criminal mortgage fraud charges by the New York Attorney General.
In October of 2008, Constant was sentenced to 12 to 37 years in prison
for his role in a criminal mortgage fraud scheme in New York.
<br><br>
The ATS lawsuit was filed in December 2004 by the Center for Justice
& Accountability (CJA) and the Center for Constitutional Rights (CCR)
on behalf of the three women, all survivors of torture at the hands of
FRAPH. Sonnenschein Nath & Rosenthal LLP acted as pro bono co-counsel
in this matter. <br><br>
For additional information about the case, please see CJA's website:
<a href="http://rs6.net/tn.jsp?et=1102862107181&s=2900&e=001Kri2CoCu2E5oM8Z6hLs8a6Gve7VBYjFoqCx1lPV0S5Cm-7tLpULrU0q9FQXn0P8p8ywPW0isS0gS2N8xUAnOpizS64H4MG3thvoZg1Q8kK4=">
www.cja.org.</a> <br><br>
CJA is a San Francisco-based human rights organization dedicated to
deterring torture and other severe human rights abuses around the world
and advancing the rights of survivors to seek truth, justice and
redress. CJA uses litigation to hold perpetrators individually
accountable for human rights abuses, develop human rights law, and
advance the rule of law in countries transitioning from periods of
abuse.<br><br>
The Center for Constitutional Rights is dedicated to advancing and
protecting the rights guaranteed by the United States Constitution and
the Universal Declaration of Human Rights. Founded in 1966 by attorneys
who represented civil rights movements in the South, CCR is a non-profit
legal and educational organization committed to the creative use of law
as a positive force for social change. Visit
<a href="http://rs6.net/tn.jsp?et=1102862107181&s=2900&e=001Kri2CoCu2E5MX0qXbpobhHHIznyFog5w3eUlw1NKYzdFdMoRU2uY-n2Ad846JHSygq3NHcP2e1BkAj0rThV5EHL6YYvxWMV-unfwaXbyGu5KAtWp_Oy3gw==">
www.ccrjustice.org</a>. <br><br>
<br><br>
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