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Alert

RSF calls for sanctions against twenty-four Haitian officials

(RSF/IFEX) - The following is an 11 January 2002 RSF press release:

Request for sanctions to be imposed on twenty-four Haitian officials

Concerned by the impunity that the authors of acts of violence against journalists benefit from in Haiti, the Damoclès Network, an association fighting impunity, and Reporters Without Borders (RSF- Reporters sans frontières) ask the European Union and the United States Congress to impose individual sanctions on twenty-four Haitian officials. These officials are hindering inquiries aimed at shedding light on those responsible for the assassinations of two journalists, Jean Dominique and Brignol Lindor. Two types of personalised sanctions have been requested: refusal of visas to enter and transit through countries that are members of the European Union and the United States, concerning all persons cited, including family members, and the freezing of all funds held abroad. These measures are all the more vital as the impunity that reigns in these two cases is part of the authorities' strategy to muzzle journalists that are considered to be too critical of the government.


Please find below a copy of the letter sent to:
- Josep Piqué, Minister of Foreign Affairs of Spain. Spain currently holds the European Union presidency.
- Colin Powell, United States Secretary of State.
- Joseph R. Biden Jr. and Henry J. Hyde, Chairman of the Senate Committee on Foreign Relations and Chairman of the House of Representatives Committee on Foreign Relations, respectively.
- Christopher J. Todd and Elton Gallegly, Chairman of the Senate Sub-Committee on Western Hemisphere Affairs and Chairman of the House of Representatives Sub-Committee on Western Hemisphere Affairs, respectively.


Mr. Colin L. Powell
Secretary of State
U.S. Department of State
Washington, D.C. 20520
United States of America

Paris, 11 January 2002

Sir,

The Damoclès Network, an association fighting against impunity, and Reporters sans frontières (RSF - Reporters without Borders), an international organisation that defends press freedom, request that the Cabinet of the European Union and the United States Congress impose individual sanctions against Haitian officials and politicians who have hindered all inquiries aimed at shedding light on the assassinations of Jean Dominique, the director of Radio Haiti Inter who was assassinated on 3 April 2000, and Brignol Lindor, a journalist from Radio Echo 2000 who was assassinated on 3 December 2001.

The two organisations are extremely concerned by the fact that the impunity that reigns in these two cases is being used by the authorities as a strategy to muzzle journalists who are considered to be too critical of the government.

The attacks being carried out against press freedom are systematic. In 2001 alone, forty journalists were attacked or threatened. Those responsible for these acts of violence, in most cases supporters of Fanmi Lavalas (the ruling party), have not been harassed. Over a dozen journalists have also been forced into exile.

On 3 December, journalist Brignol Lindor, news director of Radio Echo 2000 radio station, a private station in Petit-Goâve, was killed with stones and machetes. On 30 November, Dumay Bony, deputy mayor of Petit-Goâve, named the journalist and called for a system of "zero tolerance" to be applied against members of the opposition. Launched by President Aristide, the "zero tolerance" policy gives a free hand to policemen to deal with any offenders who are caught red-handed. According to an inquiry carried out by the Association of Haitian Journalists (AJH), members of the popular organisation "Domi Nan Bwa", close to Lavalas, admitted to having murdered Brignol Lindor. The Petit Goâve public prosecutor's office issued nine arrest warrants to members of "Domi Nan Bwa" as well as to Dumay Bony himself. To this day, none of the arrest warrants has been put into effect.

Impunity also continues in the case of Jean Dominique, a journalist and political analyst who was gunned down in the courtyard of his radio station, Radio Haiti Inter, on 3 April 2000. Known for his independent tone, Jean Dominique criticized former Duvalier supporters, the military, prominent bourgeoisie families and persons within the Lavalas party (President Jean-Bertrand Aristide's party) whom he suspected of wishing to divert "the movement from its principles." The inquiry into his murder has faced a number of obstacles and has yet to be completed to this day.

The investigating magistrate in charge of handling the case, Jean-Sénat Fleury, dropped the case after being the target of pressure. On 26 July 2000, he invited Dany Toussaint, who was not yet a senator, to stand as a witness. Toussaint appeared with a group of "chimeras" (henchmen recruited from working-class neighbourhoods in the capital), who came to yell hostile slogans at the steps of the courts of law.

Judge Claudy Gassant took over the case in September 2000. On several occasions, he was threatened with weapons by representatives of the state, including Member of Parliament Millien Rommange (Fanmi Lavalas), Police Superintendent Paul Evens Saintune and members of the presidential palace security service.

The security measures promised to the judge by Minister of Justice Gary Lissade were often delayed in being put into action and sometimes were altogether withdrawn.

The Senate is also obstructing the investigation. In November 2000, Claudy Gassant in turn invited Senator Dany Toussaint to stand as a witness. The senator turned down the request, citing parliamentary immunity. Finally, on 21 February 2001, Dany Toussaint appeared voluntarily before the judge. After being heard on several occasions, Dany Toussaint was charged in May. Denouncing a "huge plot," the senator then opened a procedure challenging Judge Gassant over witnesses who were illegally interrogated in a prison. In August 2001, Claude Gassant asked the Senate to vote to take away Toussaint's parliamentary immunity. This has not yet taken place.

In addition, those suspected of having participated in the assassination of Jean Dominique have died under troubling circumstances. Jean-Wilner Lalanne, who was suspected of having been used as a middleman between the people behind the murder and the murderers themselves, died from a minor operation in June 2000, following his arrest. The circumstances surrounding the death of Panel Rénélus also remain unclear. The supposed murderer of Jean Dominique was killed by a crowd of demonstrators one day after his arrest by the police. Claude Gassant asserted that he "was thrown to the crowd" by the police.

Finally, the judicial police department have yet to give orders to carry out the arrest warrants that were issued against Richard Salomon and Franck Joseph, Dany Toussaint's right-hand man and bodyguard, respectively, who were both suspected of having taken part in the murder of Jean Dominique. Elsewhere, Paul Raymond, the TLK (Ti Kominote Legliz) spokesman, and René Civil, the Jeunesse Pouvoir Populaire (JPP- Youth Power Movement) spokesman, held a press conference in September 2001, despite the fact that they had been issued arrest warrants by the police.

In the face of such systematic press freedom violations in Haiti - violations which are jeopardising democracy and the constitutional state - we request that you impose two types of sanctions on officials and Haitian politicians. From their positions of authority, they are hindering the progress of investigations and are maintaining a climate of impunity for the authors responsible for carrying out acts of violence against journalists.

Informed of the economic sanctions that have been imposed on Haiti by the European Union, our two organisations believe that targeted measures would be a more efficient means of restoring press freedom and the state of law in the country.

We hope that our request is taken into consideration and we look forward to hearing from you. Meanwhile, we send our regards and thank you for your attention.

Fernando Castello
President of Reporters sans frontières

Robert Ménard
President of Damocles Network


1 - Nature of Individual Sanctions

- Refusal of Visas
In order to prevent the entry and transit into European Union countries of people whose names have been cited in paragraph 2, as well as their family members, will not be granted entry or transit visas.

- The freezing of funds held abroad by persons cited in paragraph 2.

2 - People concerned claiming individual sanctions

Jean-Bertrand Aristide, President of the Republic of Haiti

Jean-Marie Chérestal, Prime Minister

Henri-Claude Ménard, Minister of the Interior

Jean Gérard Dubreuil, Secretary of State for Public Safety

Gary Lissade, Minister of Justice

Guy Paul, Minister of Culture and Communications

Yvon Neptune, President of the Senate - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Jean-Marie Fourel Celestin, Senate Vice-President - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Ary Desir, Senator - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Norma Fortin, Senator - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Myrlande Libérus Senator - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Victor Magloire, Senator - Member of the Commission in charge of examining the request to lift Senator Dany Toussaint's parliamentary immunity

Dany Toussaint, Senator

Jean Nesly Lucien, Haitian national police director general

Jean Dady Siméon, Haitian national police spokesperson

Jeannot François, Director of the Criminal Investigation Department

Pierre Evens Saintune, Police Commissioner

Michel-Ange Jean-Baptiste, Commissioner of Léogane

Alix Alexandre, Former commissioner of Léogane

Dumay Bony, Former Petit-Goâve mayor's assistant

Lise Pierre Pierre, Chief Justice of the Port-au-Prince Court