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Alert

Judge's mandate not renewed in Jean Dominique murder case

(RSF/IFEX) - In a letter to Haitian President Jean-Bertrand Aristide, RSF protested the non-renewal of investigating Judge Claudy Gassant's mandate in the Jean Dominique murder case. On 23 January 2002, Judge Gassant was replaced by three other judges, Josua Agnant, Bernard Sainvil and Joachim Saint-Clair. RSF Secretary-General Robert Ménard stated that "Jean Dominique's murder and the numerous obstructions to Judge Gassant's investigation are a symbol of the impunity that exists in Haiti. Gassant's replacement means that there is virtually no hope now of discovering the truth about the killing, especially if the authorities continue to block the investigation." RSF praised the professionalism and seriousness with which Judge Gassant carried out his investigation in the face of constant threats and pressure. Dominique's widow, Michèle Montas, and many Haitian journalists' associations had called for the judge's mandate to be renewed.


RSF has learned that President Aristide replaced Gassant with Judges Agnant, Sainvil and Saint-Clair on 23 January. Gassant, whose term expired on 4 January, has been in the United States since 9 January. He himself had replaced Judge Jean Sénat Fleury as the investigating judge in September 2000 after Fleury resigned for personal security reasons.

The progress of Judge Gassant's investigation has been constantly obstructed. His naming of Senator Dany Toussaint, a member of the ruling Fanmi Lavalas party, as the main suspect in the murder, was followed by numerous threats against the judge by grassroots organisations. Several witnesses to the murder have also died in suspicious circumstances that point directly to the police and the Haitian authorities. Gassant was also forced to conduct his investigation amid continuous police harassment. The last in a long list of incidents dates back to 21 December 2001, when a presidential palace security vehicle deliberately crashed into the judge's car and police officers threatened him with a gun. In a report on the case that was published on 2 April 2001, RSF deplored the fact that the investigation was nearly shelved several times. In June 2000, Jean Wilner Lalanne died in suspicious circumstances after being arrested. He was suspected of having been a link between the masterminds of the murder and those who carried it out. In January 2001, the senate opposed Judge Gassant's application to question Toussaint about the murder.

Dominique, who was well-known for his independence on the air, was gunned down in the courtyard of his radio station, Radio Haiti Inter, on 3 April 2000. Targets of his criticism had included former Duvalierists, soldiers and the country's powerful families. Shortly before he died, he also criticised those he suspected within Fanmi Lavalas of seeking to "divert the movement from its principles."