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Alert

RSF hopes that the judge in charge of the inquiry into journalist Jean Dominique's assassination will return to the case

(RSF/IFEX) - The following is a 15 June 2001 RSF press release:




HAITI

Reporters sans frontières hopes that the judge in charge of the inquiry into journalist Jean Dominique's assassination will return to the case

Following the 13 June 2001 announcement of the resignation of Judge Claudy Gassant, who is overseeing the inquiry into journalist Jean Dominique's assassination, Reporters sans frontières (RSF, www.rsf.org) expressed its hope that the judge would reconsider his decision if the government gave him security guarantees and reaffirmed its support for him. Even though the investigation had nearly reached a conclusion, RSF fears that this decision could delay the holding of a trial, for which Haitian society has long been waiting.

This is why the organisation expresses its satisfaction after Justice Minister Gary Lissade's announcement that he intends to refuse the judge's resignation. However, RSF believes that this refusal only makes sense if the minister also provides immediate and effective measures to reinforce protection of the judge. The government cannot ask the judge to continue to take charge of the case if it does not give him the means to ensure his security. RSF believes that Gary Lissade must adopt an unequivocal position on this matter. The organisation also asks that measures be taken to guarantee the security of the government superintendent (state prosecutor) who has received threats since the judge submitted his inquiry report.

RSF believes that the rejection of the judge's resignation must also be accompanied by the adoption of clear positions by the justice minister regarding those who have undermined the inquiry's progress. The government cannot ask the judge to continue to take charge of the case if it does not ensure him of its support in the face of those who are harming the inquiry. In a 9 May 2001 letter to President Jean-Bertrand Aristide, the organisation protested the acts of intimidation against Judge Gassant by police superintendent Evens Saintune. Furthermore, the organisation is dismayed by the fact that justice of the peace Jean Gabriel Ambroise was able, at the instigation of someone accused in the case (Senator Dany Toussaint), to question three defendants in prison with a view to obtaining testimonies to discredit the investigation. It is essential that administrative inquiries be opened against Saintune and Ambroise and that they be punished if they have committed offences.

On 13 June 2001, Judge Claudy Gassant, who is overseeing the inquiry into the murder of journalist Jean Dominique, announced his resignation, stating that he had gone through "real hell" since he started to be in charge of the case. For several weeks he has accused the government of not giving him the means necessary to guarantee his security, thereby contradicting the repeated declarations of the justice minister. In addition, the judge characterised justice of the peace Jean Gabriel Ambroise's interview with defendants in prison, at the request of Senator Dany Toussaint, who has been accused in this case, as "perfectly illegal." Finally, Gassant said he was a victim of an act of intimidation on 16 April 2001 by police superintendent Evens Saintune. Acting on an order of the justice minister, Saintune, accompanied by a dozen armed men, demanded that that the judge return his vehicle to the ministry. These two events did not generate any reaction from the justice minister.

The judge's resignation takes place a few days after he submitted his inquiry report to the government superintendent (state prosecutor), Josué Pierre-Louis, who has five days to request further information from the judge. Pierre-Louis has already announced that he will need more time. Once he has written his final brief, the government superintendent must pass it on to the judge. The judge must then publish an order to transfer proceedings to the court with the list of charges. On 13 June, Pierre-Louis revealed that he had received threats demanding that he suppress certain names in his final brief, without specifying the names in question.

On 3 April 2000, Jean Dominique, the country's best known journalist and political analyst, was killed in the courtyard of his radio station, Radio Haïti Inter.

For further information, contact Régis Bourgeat at RSF, 5, rue Geoffroy Marie, Paris 75009, France, tel: +33 1 44 83 84 84, fax: +33 1 45 23 11 51, e-mail: ameriques@rsf.fr Internet: http://www.rsf.fr