Haiti: Disarmament Delayed, Justice Denied
Introduction Haitians remain mired in a human rights crisis despite the presence of a UN peacekeeping force, the Stabilization Mission in Haiti (MINUSTAH). In fact, little tangible progress has been made to protect human rights since the interim government took office in early March 2004 and in the year since MINUSTAH arrived in the country. Violent crime, confrontations between armed groups and gangs, and unlawful use of force by police continue to claim the lives of civilians on a daily basis. Haiti’s human rights problems could worsen in the run-up to elections scheduled for the end of 2005. Politically motivated arbitrary detentions, ill-treatment, extrajudicial executions, deliberate and arbitrary killings of civilians, rape, death threats and intimidation are routine and are perpetrated with impunity. The abuses are taking place against a background of increased insecurity and endemic criminal violence. The alleged perpetrators include armed gangs with or without political ties to former President Jean-Bertrand Aristide, rogue police officers, former rebels and demobilized members of the former Haitian Armed Forces (Forces Armées d’Haïti, FADH), and organized crime. Much of the current crisis stems from the armed rebellion that forced out former President Aristide in February 2004 and from the dispute within Haiti over the legitimacy of the interim government headed by Gérard Latortue. Since 30 September 2004, hundreds of people have reportedly been killed in an upsurge of political violence that followed a series of demonstrations organized by Jean-Bertrand Aristide’s Fanmi Lavalas Party to commemorate the 13th anniversary of the military coup that deposed President Aristide in 1991. Many of the killings are believed to have been carried out by armed gangs allegedly supporting Jean-Bertrand Aristide and by Haitian National Police (HNP) officers. These gangs are said to be responsible for numerous killings, including of policemen. Haiti's recurring political crises are rooted in long-term patterns of human rights abuses committed with impunity. The current crisis is no exception. The political violence is compounded by a grave humanitarian crisis. Haiti is the poorest country in the Americas and ranks 153 in the world in terms of the Human Development Index. Life expectancy at birth, for men and women alike, is less than 50 years, while infant mortality was 79 per 1000 live births in 2002. Illiteracy is widespread and nearly two-thirds of the population live under the national poverty line. Rates of illiteracy and poverty are highest in the countryside where around two-thirds of the 8 million population lives. Haiti has also the highest prevalence (5.6 per cent) of HIV-AIDS outside the sub-Saharan region. Access to retrovirus medicine remains scarce as the national health system is severely under-funded. (1) This appalling situation compelled the international community to mobilize its resources. On 19 and 20 July 2004, at the International Donor’s Conference in Washington DC, the international community addressed the enormous task of rebuilding Haiti. Amnesty International urged participants to support plans to protect and promote human rights and to ensure that adequate funds were made available to this end. The response was generous and exceeded expectations. However, the succeeding months have seen only limited fulfilment of the promises made. Meanwhile, Haitians continue to face enormous problems in all aspects of their lives. The proliferation of arms has exacerbated the political crisis. In view of this, disarmament has become the main and most pressing issue as Haiti heads towards elections in October and November 2005 that should mark a return to democratic rule. In a June 2004 report, UN Secretary-General Kofi Annan concluded that "a long-term effort and an international commitment are needed to rebuild the economic and social structures, and support the Government and people of Haiti in building democratic institutions together".(2) This commitment was reiterated on 12 January 2005 by the UN Security Council, which expressed "its support for United Nations presence in Haiti as long as necessary".(3)
Background On 29 February, President Aristide left the country in disputed circumstances while the rebels were threatening to march into Port-au-Prince. Boniface Alexandre, President of the Supreme Court, was quickly sworn in as the new transitional President. The same day, a US-led Multinational Interim Force (MIF) was deployed in the country on a three-month mission authorized by the UN Security Council. On 9 March, Gérard Latortue was appointed interim Prime Minister. In June MINUSTAH took over from the MIF with a mandate, among other things, to support the transitional government in ensuring security and stability and to assist in the reform of the Haitian National Police (HNP). Political violence increased dramatically in the capital after 30 September when there was a mass demonstration by Fanmi Lavalas Party supporters. After that, numerous abuses, including the decapitation of three policemen, were allegedly committed by members of armed gangs supposedly linked to the Fanmi Lavalas Party. Members of the HNP also allegedly committed several abuses, including extrajudicial executions. In October, UN Civilian Police (CIVPOL) and HNP agents began joint operations in poor neighbourhoods of the capital in an attempt to curb endemic violence while in several regions of the country, demobilized soldiers and former rebels acted as the de facto authorities posing a serious threat to human rights.
Amnesty International Amnesty International is publishing this report to draw the attention of the international community to the continuing and unresolved human rights concerns in Haiti. The organization also seeks to highlight the serious abuses committed by armed gangs, as well as MINUSTAH’s setbacks in protecting the lives of civilians and re-establishing the rule of law. Amnesty International hopes that information published in this report will encourage MINUSTAH to take adequate measures to prevent abuses against unarmed civilians. It also hopes to contribute to a debate within Haiti to end the culture of impunity and long history of serious human rights abuses. 1. The imperative for disarmament "The proliferation of weapons and armed groups and the climate of impunity which continue to prevail have impeded the respect for human rights."(5) "The unified commitment of the interim government to a comprehensive approach to disarmament, demobilization and reintegration was found questionable."(6) The consolidation of peace, security and the rule of law is contingent on the successful disarmament, demobilization and reintegration (DDR) of all armed groups. All initiatives aiming to restore basic human rights must be based on effective DDR which must, therefore, be the priority for the interim government, for Haitian society, for MINUSTAH and for the international community in general. The control of arms has been a major concern since Jean-Bertrand Aristide was reinstalled as President in 1994 after the military that deposed him three years earlier was removed from power by a US-led military invasion. A huge quantity of arms and small weapons is circulating in Haiti in the hands of former rebels and former military, criminal gangs with and without political affiliation, security guards and civilians. All Haitians have the constitutional right to possess firearms with an authorization from police authorities but the circulation and possession of arms, largely on an illegal basis, has become widespread over the years. Research by the Geneva-based Small Arms Survey (SAS) in 2004 and early 2005 indicates that in Haiti there are nearly 170,000 small arms in the hands of individuals, diverse armed groups and criminal gangs, security agencies and law enforcement officials.(7) According to SAS, there is no complete, accurate or updated registry of firearms; a national firearms registry did exist but was discontinued, although some permits were issued in early 2005. Official figures included in the report indicate that as of 2001, the national police had registered 20,300 legal weapons owned by civilians.(8) The public display of weapons by former rebels and former military has been a recurrent phenomenon and has been tolerated by the authorities and MINUSTAH officials. Even though the government was frequently threatened with a coup by the former military, no persuasive action to disarm them or remove them from public buildings they were occupying (including police stations) was taken until December 2004. Since the interim government took office in early March 2004, no serious efforts have been made to address the disarmament issue despite a sharp rise in violence and deaths by firearms. It became clear that the government lacked the political will to address the matter seriously even though it has the support of MINUSTAH in elaborating and implementing a DDR programme. The UN Secretary-General and the UN Security Council repeatedly called on the Haitian authorities to address the issue of disarmament with utmost urgency, but the implementation of a comprehensive DDR programme is still awaited. The minimal DDR activity during a year of UN presence may have a profoundly negative impact on the political environment surrounding the forthcoming elections – and this needs to be addressed by the international community. Already, the dangerous mix of arms proliferation, high unemployment (nearly 60 per cent) and mistrust between different social and political sectors in Haiti has contributed to a highly volatile situation, only partially countered by the presence of MINUSTAH. A limited attempt was made during 2004 to encourage Haitians to disarm voluntarily. However, the initiative lacked a specific framework within which to address broader issues of disarmament. The interim government set 15 September 2004 as the deadline for the voluntary handover of weapons. After that date, the authorities raised the possibility of more proactive action by the national police with the collaboration of MINUSTAH to disarm illegal armed groups. However, the deadline passed almost unnoticed and it became clear that neither the Haitian authorities nor MINUSTAH had developed a coordinated framework to start the disarmament process or, if it existed, it was not implemented. Furthermore, it appeared that the Haitian authorities were tolerating some illegal armed groups, such as the former rebels and former military plus their acolytes, while simultaneously pursuing armed gangs allegedly supporting Jean-Bertrand Aristide. Amnesty International delegates observed in October/November 2004 that former FADH members displaying their weapons in public, in the capital and other cities, were not challenged by HNP or MINUSTAH officers. In the same period, before the MINUSTAH operation on 20 March 2005 that ended an occupation of the police station in Petite-Goâve, Amnesty International delegates observed that former military were enforcing the law, again without being challenged. As 2004 progressed, the interim government began to confront its ineffectiveness in relation to DDR, while MINUSTAH turned to small community-based projects to tackle criminality and the circulation of arms. The experience of an earlier UN Development Programme (UNDP) project in the area of Carrefour-Feuilles (south-west of Port-au-Prince) proved to be very valuable in terms of assessing the response from the communities targeted. The community was approached for over a year in order to establish a climate of confidence. Arms were turned over on a voluntary basis in exchange for access to micro-credit programs. The extension of this pilot project to other regions of the capital was being considered by MINUSTAH at the end of 2004. The interim government’s ability to address disarmament during 2004 was partially constrained by the lack of state authority throughout most of the country. Public services and public administration collapsed during the February 2004 rebellion; law enforcement officials fled; police stations, prisons and courts were looted, burned and destroyed; local delegates at different administrative levels went on the run or were removed from office. In this vacuum of state authority, former rebels and former military gained control over much of the country, arms in hand. However, as the first half of the year 2005 ended, it became clear that the interim government lacked the political will to address the disarmament, demobilization and reintegration issue in a comprehensive and systematic manner. The former military, encouraged by their advantageous position, made the interim government accede to their demands for financial compensation and further integration into the national police for those who so desired. A Demobilized Soldiers Management Bureau (Bureau de gestion des militaires démobilisés) was set up to address the grievances of the former military. It asked for back pay since demobilization in 1995 and for payment of the military pension funds. The interim government agreed to pay in total US$ 28 millions to the ex-FADH in three instalments. However, no measures have been taken to ensure that the former military will turn in their arms and no assurance of a final demobilization has been set as a condition for final payment. Although many former military expressed their desire to disarm and demobilize, there is disagreement between different factions and many have refused to hand over their weapons. On 3 February 2005, nearly a year after the start of the rebellion that ousted President Aristide and his government, the interim government finally announced a presidential decree setting up the National Commission on Disarmament. A few weeks later, representatives of the government and civil society were nominated as members of the Commission. However, at the time of writing, the Commission did not have a DDR framework to implement, and lacked the necessary funds to operate and to sustain the reintegration of disbanded combatants – an essential element of the DDR process. In its mission report of April 2005, the UN Security Council expressed its concern about "the Commission’s limited scope and its ambiguous attitude to addressing the issue fully, particularly vis-à-vis the former military personnel."(9) On 12 March 2005, former military personnel symbolically turned in their weapons in Cap-Haitian, marking their return to civilian life. However, during the official ceremony attended by, among others, Prime Minister Gérard Latortue and Special Representative of the UN Secretary-General, Juan Gabriel Valdés, only seven decrepit weapons were turned in by 325 newly demobilized military. Concerns remain that arms are being transferred to other factions of former military or are being stored. The killing on 8 April 2005 of two leaders of the former military during confrontations with MINUSTAH and HNP officers, Ramisinthe Ravix and René Jean Anthony (alias "Grenn Sonnen"), could have repercussions on the future of the DDR programme aimed at the former military as the unity among this group over accepting to disarm may be compromised. Disarmament, demobilization and reintegration also need development in terms of infrastructure, public services and institutions. Disarming and demobilizing combatants and reintegrating them into society cannot be done in a political and legal vacuum. The HNP cannot absorb all the candidates eligible for demobilization without a strategy and long-term programmes to provide adequate training and ensure professionalization. Promotion of sustainable employment and skills training should be a priority in reintegration programmes for former rebels and gang members, and should be aimed at ensuring their livelihood. 2. MINUSTAH, a year on June 2005 marked the first anniversary of the deployment of MINUSTAH in Haiti. The deployment of MINUSTAH, which began slowly in June 2004, had gathered pace by the end of 2004. By May 2005, 6,211 of the 6,700 military personnel authorized by the UN Security Council and 1,413 of the anticipated total of 1,622 UN Civilian Police (CIVPOL) had been deployed.(10) In June 2005, the remaining forces were still awaited while the UN Secretary-General, Kofi Annan, proposed in its 13 May 2005 report that the military power of the mission be increased to 7,500 troops. Brazil assumed command of MINUSTAH military forces by sending more than 1,200 troops. Argentina, Uruguay and Chile also have an important military participation in MINUSTAH while Chilean, Juan Gabriel Valdés, is the Special Representative of the UN Secretary-General in Haiti and leads the mission. The UN Security Council, in Resolution 1542 of 30 April 2004, mandated MINUSTAH to (among other things): Ensure a secure and stable environment to allow the political process to take place in Haiti by: helping the interim government extend state authority throughout Haiti; bringing about a process of national dialogue and reconciliation; and organizing, monitoring and carrying out free and fair elections. Assist the interim government in monitoring, restructuring and reforming the Haitian National Police (HNP) through vetting, training, monitoring and mentoring of police officers. Assist the interim government and the HNP with comprehensive disarmament, demobilization and reintegration (DDR) programmes, and the restoration of the rule of law, public safety and public order. "Protect civilians under imminent threat of physical violence within its capabilities",(11) support the interim government and Haitian NGOs in promoting and protecting human rights, and ensure individual accountability for human rights abuses and redress for victims. Monitor and report on the human rights situation, including the situation of returned refugees and displaced persons. MINUSTAH’s mandate strongly emphasized the need to support the interim government while inaction by the Haitian authorities on several key matters, such as DDR, restoration of the rule of law and individual accountability for human rights abuses, could be detrimental to the mission’s efforts in these areas. Furthermore, poor relations between the interim government and civil society could hamper efforts to implement a national dialogue and reconciliation process, and to protect and promote human rights. Given the human rights situation in Haiti, MINUSTAH has been criticized for its lack of strong action to prevent human rights abuses, principally those perpetrated by Haitian police officers.(12) MINUSTAH personnel told Amnesty International’s delegation that the mission lacks the executive power to undertake independent policing activity and to comply fully with specific provisions in its mandate, particularly to protect civilians under imminent threat. The support that MINUSTAH may have from the Haitian population fades away with every abuse reportedly committed with impunity by the national police. Support has also faded away among inhabitants of deprived neighbourhoods and among Lavalas supporters – presently the largest political force in Haiti – because MINUSTAH is mandated to assist the national police, which continues to commit widespread abuses against members of both these sectors of the population.
Securing the country The 25 February 2005 report from the UN Secretary-General conveys an improved security situation in Haiti.(13) It notes that "significant improvement has been achieved since late November 2004, with the increased military and civilian police manpower allowing MINUSTAH, in cooperation with the Haitian National Police (HNP), to conduct successful security operations, thus clearing the way towards improved stability." However, until the DDR process is completed and sufficient police officers are deployed, the security situation will remain volatile. One of the difficulties MINUSTAH continues to face is a lack of military power and intelligence to secure the areas where violence affects Haitians every day. This was, and to some extent still is, the case in deprived neighbourhoods of Port-au-Prince, such as Cité Soleil, Bel-Air, Martissant, Delmas and Village de Dieu. Civilians are the daily victims of armed gangs and of repressive operations by police. Although MINUSTAH maintains a minimal presence in such areas, the impact of its military presence is limited to the main streets where its patrols are present. In the small winding alleys that stretch throughout Cité Soleil, the civilian population continues to suffer grave abuses as the armed gangs kill, rape, burn and loot with impunity. In other deprived neighbourhoods of the capital, security is compromised by armed gangs operating there and by police operations that are conducted without the presence of a MINUSTAH/CIVPOL counterpart. On 20 March 2005, MINUSTAH suffered its first casualties during separate operations to take back into state control two police stations in Petite-Goâve and Terre-Rouge. The police stations had been occupied by former military since November 2004 and no police officers were present. Law enforcement was carried out by the former military without any legitimacy. Acts of intimidation, harassment and reprisal against Lavalas supporters were reported to Amnesty International’s delegation in Petite-Goâve in November. The Justice of the Peace of Petite-Goâve had to rely on the former military to make arrests and deliver summons. Former military were holding in custody four people in the occupied police station. Similar situations existed in different areas throughout the country where the former military were strong despite MINUSTAH presence.
Protecting civilians On occasion there has been tension between the role of protecting civilians on the one hand and supporting the HNP on the other. With the former, there was a clear incentive to develop a conciliatory relationship with residents from deprived neighbourhoods in particular and gain their trust, but such an approach could inhibit the full support of police operations in the area. Some MINUSTAH forces were reported to be actively patrolling areas in the capital and forging a good relationship with civilians.
Protecting and promoting human rights In November 2004, Amnesty International urged the Haitian authorities to establish a thorough, independent and impartial inquiry into allegations of human rights violations committed by Haitian police officers, including the reported extrajudicial executions at Fort National (see Section 3). Amnesty International welcomed the announcement made by a CIVPOL spokesperson in November 2004 of an investigation into the executions at Fort National. However, no information on the progress of this investigation has been made public. Similarly, no findings of the investigation into the killing by police of at least seven prisoners at the National Penitentiary on 1 December 2004 have been published. Amnesty International believes that the results of such investigations should be made public to ensure the maximum impact on the general population in Haiti and the perpetrators of human rights violations, whether they be state agents or civilians. Such reports should be broadly disseminated nationally and internationally. Amnesty International has repeatedly recommended that peacekeeping operations issue frequent and comprehensive public reports of their activities and findings, especially in the area of human rights. The organization is concerned that silence will send a message of tolerance of abuses. MINUSTAH’s publicity of human rights abuses perpetrated by state and non-state agents would help combat impunity and raise awareness of human rights in Haiti. A broad dissemination to national and international audiences would send a clear message of the mission’s commitment to uphold human rights and tackle impunity.
3. Haitian National Police and human rights "The mission was struck by statements by interim authorities that no human rights violations in the country were committed by the State."(15) International standards governing the use of force and firearms make clear that deadly force should be used only as a last resort in response to imminent threat of death or serious injury and only when all other measures have been exhausted.(16) Police officers in Haiti, however, regularly flout these standards in their use of lethal force, as well as national law and the 1995 internal ethic code, including the police’s motto "Protéger et servir" (protect and serve). One of the main challenges for the interim government was to ensure the respect and protection of human rights, as the HNP had been responsible for numerous human rights violations under the previous government. Amnesty International had documented patterns of excessive force and made recommendations to the Haitian authorities to make police accountable to the rule of law. This challenge is particularly important given the increasing insecurity created by waves of political violence and organized crime that have spread throughout the capital and other parts of the country. Police officers often find themselves fighting against gangs that are heavily armed and better equipped than they are. Several police officers have been killed in these confrontations. The police force is understaffed, badly equipped and insufficiently trained despite sustained efforts by the international community to assist in their training and professionalization since it was created in 1995. The high degree of politicization during Aristide’s government, linked to high levels of corruption within the HNP, was in part responsible for its poor performance. Allegations of serious human rights violations committed by the police continued. Many Haitians in deprived neighbourhoods of the capital described the police to Amnesty International not as protectors, but as something to be feared, almost akin to a hostile force. Parents and friends of people killed by police officers told Amnesty International of their distress at being targeted solely for their political opinions or social status. In poor neighbourhoods of the capital, gang members – mostly young males and children – survive through crime. Reports suggest that when police carry out operations in such areas, they target young males as potential criminals ("bandits") and many are killed as a result of excessive use of force by the police. Police accounts of confrontations or "shoot-outs" with "bandits" continue to be disputed in many cases by witnesses. Amnesty International considers that the manner in which deadly force is frequently employed and the absence of prompt, thorough and effective investigations is consistent in many instances with a pattern of unlawful killings or extrajudicial executions. Such cases include the killing of at least 11 people at Fort National and Carrefour Péan in October 2004. Until now, the findings of investigations have not been made public nor has anyone been held to account. First-hand information gathered by Amnesty International delegates, including from witnesses, implicates police officers in these killings, contradicting official denials. Amnesty International is gravely concerned that the transitional authorities are failing to prevent serious human rights violations by the national police. The organization raised these and other concerns directly with the Haitian authorities, with the Special Representative of the UN Secretary-General in Haiti and CIVPOL’s Commissioner in the hope that allegations of extrajudicial executions and other grave human rights violations would be investigated and the perpetrators held to account. A number of police officers wear balaclavas, which is perceived by some civilians and human rights defenders as intimidating. Amnesty International delegates observed that police agents were not displaying any kind of personal identification or badge other than, occasionally, the police logo. Thus it is virtually impossible to identify an officer by rank, name or number. Victims of police abuses therefore often have no means of identifying their assailants, severely curtailing their ability to file complaints against HNP officers. Victims of police abuses usually have to seek the support of national or international NGOs to raise their cases with the authorities, but the possibilities for redress remain extremely limited. Amnesty International believes that there is a lack of political will, resources and mechanisms to establish whether police officers are responsible for human rights violations. An independent commission to investigate police abuses has not been established despite commitments from the interim Prime Minister, Gérard Latortue. Prosecutions for extrajudicial killings, ill-treatment and other human rights abuses remain notional. Investigations more often than not fail to establish who the suspected perpetrator was and do not conform to international standards. The scenes of shootings are not protected; forensic and ballistics evidence is contaminated, removed or disappears. Victims of firearms are normally brought to the Haitian State University Hospital (Hôpital de l'Université d'État d'Haïti, HUEH) morgue but autopsy reports are non-existent.(17) Some parents of victims refrain from going to the morgue for fear of reprisals or because they cannot afford to pay the sum needed to take the corpse away for a proper burial. Unclaimed bodies at the morgue are reportedly disposed of at Titanyen, a wasteland North of Port-au-Prince, along with other waste material from the hospital.(18) Some victims are allegedly brought from the crime scene directly to Titanyen, and thus "disappear". Haitian law and state obligations The Haitian Constitution guarantees the right to life.(19) It also defines the police as an armed body operating under the Ministry of Justice and "established to ensure law and order and protect the life and property of citizens".(20)
Police agents are reportedly operating under a Code of Deontology (an internal set of moral rules or duties) approved in 1995. Breaking these rules can result in disciplinary measures or criminal punishment.
The Haitian Criminal Code has provisions to counter violence by state agents: Where abuse by state agents results in death, the Criminal Code prescribes forced work for life, the maximum punishment under Haitian law since the death penalty was abolished.(23) Haiti is a party to several international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As such, it has pledged to observe the fundamental freedoms and human rights laid down in these standards, including the right to life, liberty and security of person. Provisions on the right to life are also included in the American Convention on Human Rights, ratified by Haiti in 1977. Amnesty International is concerned that in several cases the security forces have contravened national and international laws prohibiting the arbitrary deprivation of life and acted outside the limits set by international standards governing the use of deadly force. The standards relevant to the use of firearms against citizens are laid down in the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The government’s responsibility in relation to extrajudicial executions is further spelled out in the UN Human Rights Committee’s General Comment on Article 6 of the ICCPR: "The protection against arbitrary deprivation of life …is of utmost importance. The Committee considers that States parties should take measures not only to prevent and punish deprivation of life by criminal acts, but also to prevent arbitrary killing by their own security forces. The deprivation of life by the authorities of the State is a matter of the utmost gravity. Therefore, the law must strictly control and limit the circumstances in which a person may be deprived of his life by such authorities". The conduct of HNP agents does not appear to have conformed to Article 3 of the Code of Conduct which says that force may only be used "when strictly necessary". The official commentary on the Code of Conduct says that the use of force should be "exceptional", and that it should only be used for two purposes: the "prevention of crime" and "effecting or assisting in the lawful arrest of offenders or suspected offenders". The Code of Conduct says that the force used should be proportional to the objective, ie it should only be used "to the extent required" for the performance of officials’ duties while enforcing the law. The Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions include, among other things, the investigation of extrajudicial executions and the legal proceedings needed to bring the perpetrators to justice. The Principles also spell out the right to fair and adequate compensation for the families and dependents of victims. (24) Amnesty International is concerned that none of these Codes or principles are respected by the HNP and are not duly implemented by the Haitian authorities.
Extrajudicial executions and unlawful killings On 14 January 2005, police officials conducted an operation in Village de Dieu apparently aimed at deterring armed "bandits" in the area. Two youths were reportedly killed by the police. Abdias Jean, a journalist who investigated the incident, was reportedly killed by the same police officers. To date, no one has been held to account for the killings.
Case example: Killings in Fort National The killings happened after four police vehicles and an ambulance arrived in the afternoon at Estimé Street, Fort National. The occupants of the police vehicles were reportedly wearing black uniforms with the word "POLICE" written on the back. They had their faces covered with balaclavas. Some took up firing stances on the street, others entered one of the narrow alleys that are typical of Port-au-Prince’s poorest neighbourhoods. According to testimonies, the police went to the house of Ti Richard. He was out, but 13 other people were there. The police allegedly ordered them to lie on the ground and shot them without provocation or apparent motive. The bodies of four of the people in the house were later found at the morgue of the Haitian State University Hospital. Others have never been found – they are widely believed to have been taken to Titanyen, a dump in the outskirts of Port-au-Prince where bodies are often left. Despite numerous witnesses and other evidence, the department director of the HNP, Renan Étienne, stated that he had not ordered any operation at Fort National on 26 October. An HNP spokeswoman stated on 28 October that she had "contacted the police units carrying out operations that day, but there was no reported incident in Fort National, and there was no police action in this neighbourhood".(25) Other cases of possible extrajudicial executions and unlawful killings in 2005 include: On 5 January, Jimmy Charles was arrested by soldiers from MINUSTAH and handed over to the HNP. He was taken to the Anti-Gang police station in Port-au-Prince. He was later released but his bullet-ridden body turned up at the national hospital morgue on 14 January. On 30 January, 17-year-old Wilken Bosse was dragged out of his house in Corridor Bassia and shot dead on the street reportedly by police officers. At 5am on the same day, 46-year-old Rodrigue Bonin (also known as La Rivière) was dragged out of his house and shot twice in the head allegedly by police officers. He died in hospital on 4 February. On 4 February, a 14-year-old boy, Jeff Joseph, was killed, reportedly by police officers on his way to a shop on San Fil Road, Bel-Air. On 5 February, Steve Blemy, aged 21, was killed, reportedly by police officers wearing black uniforms, in Fontforts Street, Bel-Air, Port-au-Prince. On 28 February, police officers opened fire on a peaceful pro-Lavalas demonstrators in Bel-Air (Port-au-Prince) killing at least one person. On 27 April, police officers reportedly fired indiscriminately on peaceful pro-Lavalas demonstrators near the UN headquarters in Port-au-Prince killing at least five people and wounding several others. Four died later from their wounds. The victims, one woman and eight men, were: Reginald Colon, aged 32; Stevenson St-Cloud, 21; James Lahens; Mackenzie André; Roland Gustave; Nelson Auguste; "Ti Jelé"; Claudine Joseph; and Delage Mesnel.
Arbitrary arrests Haitian law stipulates that an arrest can be carried out when executing a warrant issued by a judicial authority or when someone is caught in the act of committing a crime. Despite these clear provisions, numerous arrests are made without either of these conditions being respected. Lavalas supporters have been targeted in police sweeps across poor neighbourhoods of the capital where support for their party is strong. In other regions, where the police presence is smaller, Lavalas supporters are targeted for arrest by former military and their attachés. Hundreds of people remain in prison. Most have not been formally charged. Some are still being held despite a direct order for their release issued by the judicial authorities.
4. Human rights abuses by armed groups and gangs Diverse armed groups involved in the rebellion that ousted Jean-Bertrand Aristide and the armed gangs that supported him are at the root of this violence. These groups include the Cannibal Army, renamed the Artibonite’s Resistance Front (Front de Résistance de l’Artibonite); the former military regrouped under the leadership of Louis-Jodel Chamblain and Guy Philippe, known as the (Northern Resistance Front); as well as the armed gangs loyal to Jean-Bertrand Aristide known as chimères. All are responsible for numerous human rights abuses. Amnesty International is deeply concerned that these groups and gangs are still armed and active, and continue to commit human rights abuses with impunity.
Armed gangs However, the outcome of police interventions did not bring security to citizens and traders working in the affected areas. On the contrary, the operations were marred by serious human rights violations, including illegal arrests, ill-treatment and unlawful killings. The inter-gang warfare seems to have abated with the killing by rival gang members, on 31 March, of Thomas Robinson, alias "Labanye", who controlled the Boston neighbourhood in Cité Soleil and who reportedly had allegiances with the former opposition to Lavalas and the current government. In spite of this, the population of Cité Soleil in particular, continues to be the victim of human rights abuses by the gangs controlling the area. Violence against women is this deprived neighbourhood is a major concern (see section 6).
Former military personnel Tensions between the government and the former military continue to pose a threat to the restoration of lasting peace and democracy. There is reported to be growing resentment among the former military over recent compensation given to those who were demobilized in 1995. Former military personnel who were dismissed before the demobilization decree was issued also demanded compensation, which the government has refused. As a result, they are threatening to oppose any DDR programme. The number of demobilized members of the former Haitian army that have regrouped into armed factions is estimated to be between 3,000 and 5,000 men across the country. Larger numbers are quoted by the former military, who say that not all the men bearing arms were in the army in 1995. Amnesty International’s delegates observed that many of the so-called former military were too young to have been enrolled in the army in 1995. The former military have sporadically been seen patrolling the streets of Port-au-Prince, carrying arms and wearing military fatigues. They were reportedly unchallenged by the HNP or MINUSTAH military personnel even though they had legal basis and were therefore illegally armed. This complacency by the government has allowed the former military to compete with the police, thereby consolidating their presence and authority at a local level. In several municipalities the former military were the de facto authorities because the police was not present since February 2004. Amnesty International observed that former military were actively involved in issuing "arrest warrants", maintaining security and illegally detaining and imprisoning members of the community. The responsibility for these abuses lies ultimately with the government (for failing to take action to disarm and dismantle these groups and bring those responsible for abuses to justice) and MINUSTAH (because it is mandated to protect civilians and help establish and maintain the rule of law). According to the Platform of Haitian Human Rights Organizations (Plateforme d’organisations Haïtiennes des droits humains, POHDH), in July 2004, between 60 and 70 per cent of reported human rights abuses were perpetrated by former military. Despite this information and the cases documented by POHDH, none of the perpetrators has been held to account by the authorities. Amnesty International hopes that a clarification of the interim government’s policy vis-à-vis the activities of former military will result in a cessation of human rights abuses and illegal activities, and in turn, greater security for all Haitians.
Section chiefs At the beginning of the year, section chiefs were reported "in office" in some communes of the Central Department: Ranquitte, Savanette, Belladère, Thomonde, Grand-Bois region, Las Cahobas, Source Carbajal and Cerca Carbajal.(28) Other communes outside the Central Department where they have been reportedly operating are Chantal (Southern Department), Trou du Nord, Milot, Grande Rivière du Nord, Plaine du Nord, Pignon, Accul du Nord, La Victoire, and Sainte Suzanne. The Police are absent from these communities as are other state representatives. Most of the section chiefs took control where elected delegates to the Administrative Council of the Communal Section (Conseil d’Administration de la Section Communale) had abandoned their positions for fear of retaliation or were simply dismissed when the interim government took office. According to reports from remote areas, MINUSTAH and police personnel are seldom seen outside the departmental capitals thus leaving most of the sections distant from important urban centres without state authority and at the mercy of illegal armed gangs.
5. Administration of justice There is no doubt that failure to address impunity for these crimes in the past resulted in continuing human rights abuses and has prolonged the conflict. Durable peace will not be achieved unless those responsible for crimes under national and international law are held to account, and the victims gain redress.
There are several human rights guaranteed by international standards that aim to safeguard people during the investigation of an offence. These include the presumption of innocence; the prohibition against torture and cruel, inhuman or degrading treatment; the prohibition against compelling people to confess guilt or testify against themselves; and the right of access to legal counsel.
Furthermore, states parties to the Convention undertake to develop the possibilities for judicial remedy and ensure that the competent authorities enforce such remedies. The administration of criminal justice in Haiti remains highly dysfunctional. The independence and impartiality of the judiciary have been put to the test, particularly in the many cases that have a political nature. The weakness of the judiciary continues to be a cause of serious concern. Amnesty International received reports of a series of arrests and detentions that possibly have political connotations. Delays in bringing detainees before a judge and lack of judicial supervision are common in the administration of justice. People have been detained on the basis of a single denunciation and with no preliminary inquiry. An order to appear before a judge (mandat d’améner) issued by a justice of the peace often turns into an arrest followed by long-term pre-trial detention. Amnesty International is concerned by the large number of arbitrary arrests and about ill-treatment during arrest and in detention; restricted access to lawyers, families and adequate medical care; and the inability of detainees to challenge the legality of their detention.
Long-term and preventive detention Haitian law prohibits indefinite and arbitrary detention, and requires that all those arrested be brought before a judge within 48 hours. (29) This legal limit is routinely ignored.
Case example: former Prime Minister Yvon Neptune On 9 July 2004 his lawyers filed a motion challenging the jurisdiction of St-Marc judges on the grounds that Yvon Neptune would not receive a fair trial. Six months later the Supreme Court (Cour de Cassation) dismissed the motion saying that a minimal filing fee had not been paid. On 19 February 2005, five armed men took control of the National Penitentiary in Port-au-Prince where Yvon Neptune was detained. Nearly 500 prisoners were set free and Yvon Neptune was taken from the prison by the attackers. He contacted MINUSTAH and presented himself once again to the authorities. On 22 April, Yvon Neptune was brought to Saint-Marc to appear before the investigating judge. Reportedly, his lawyers were not informed so could not accompany him, but the case could not be heard because the investigating judge did not show up at the court. Soon after Yvon Neptune was transferred to an annex of the National Penitentiary where he remains under custody. He went on hunger strike to protest against the delays in his case and to seek release. On 1 May, he was told he could be transferred to a hospital in the Dominican Republic on medical grounds. He refused to leave Haiti. Finally, on 25 May, Yvon Neptune appeared before the investigating judge in Saint-Marc. Amnesty International believes that Yvon Neptune has been denied many rights, including equality before the law, the presumption of innocence, the right to be tried without undue delay, and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law. It also believes that Yvon Neptune is being detained on the basis of his political views and considers him a political prisoner of the interim government. Amnesty International urges the judicial authorities and the interim government to release Yvon Neptune pending trial, which should comply with international standards of fairness.
6. Women and children facing abuses Human rights abuses against women, including rape and other sexual abuse, and domestic violence, are difficult to document comprehensively. Only a fraction of such abuses are reported to human rights and women’s organizations as the victims fear for their lives or reprisals from their aggressors. In virtually all cases, the perpetrators get away with their crimes. Most of the survivors interviewed by Amnesty International said that reporting their cases to the police was not only useless but might compromise their safety. Barely any cases of rape or other violence against women have been reported in the local press. Similarly, street children are also highly vulnerable to political violence and armed conflict. In Port-au-Prince, 3,000 children are estimated to live in the streets and are severely marginalized by the population. Not infrequently, they are the target of vigilante groups.
Violence against women Politically motivated rapes have been reported during and shortly after the armed rebellion of February 2004. The high incidence of this form of violence against women remains of great concern. Women are targeted because their husbands or relatives are believed to support Lavalas Party. First-hand testimonies gathered from survivors by Amnesty International, as well as information made available to the organization, suggest that the attacks against women are consistent with a number of patterns including extreme violence.(30) The women and girls are usually attacked in their homes or in the home of relatives or friends. The attack is often perpetrated by groups of heavily armed men who burst into the homes and subject their victims to gang rapes and other forms of sexual violence. The men are often masked, concealing their identity. Rapes are often carried out in front of the victim’s children or other relatives. Most women survivors of sexual violence have nowhere to go and so are forced to stay in their own homes, often where the attacks took place. Others, as a result of fear or pressure from their husbands or partners, are forced to abandon their homes. Cases have been reported where the husband has thrown his wife out of the house after she was raped fearing that she might be infected with sexually transmitted diseases or HIV.
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