PRELIMINARY REPORT PRESENTED BY THE MINISTRY OF JUSTICE AND PUBLIC SECURITY OF HAITI PURSUANT TO RESOLUTION CP/RES. 822 (1331/02)

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1. The Context .............................................................................................................. 11

2. The attack on July 28...................................................................................................... 12

2.1 The facts............................................................................................................ 12

2.2 The consequences.................................................................................................... 12

3. December 17 .............................................................................................................. 13

3.1 The facts ........................................................................................................... 13

3.2 The consequences.............................................................................................. 13

4. Steps taken by the Government........................................................................................ 14

4.1 Actions undertaken............................................................................................. 14

4.2 Specific cases..................................................................................................... 15

4.2.1 Matters relating to the events of July 28, 2001........................................... 15

4.2.2 Matters relating to the events of December 17, 2001................................. 17

4.3 Other cases (not related to the events)................................................................. 17

4.3.1 Dossier on Brignol Lindor ....................................................................... 17

4.3.2 Dossier on Jean-Dominique and Jean-Claude Louissaint............................ 17

Appendixes .............................................................................................................. 19

Appendix I .............................................................................................................. 19

5. Outlook 19

5.1 Independence of the Magistracy ......................................................................... 19

5.2 Modernization of the Judiciary............................................................................. 19

5.3 Strengthening of the National Police Force........................................................... 20

5.4 Citizen protection................................................................................................ 20

5.5 Freedom of the press.......................................................................................... 21

5.6 Public security.................................................................................................... 21

6. Conclusions .............................................................................................................. 21

Appendix II .............................................................................................................. 23

Agreement of July 9, 2002........................................................................................................... 23

1. The Context

The history of Haiti has been punctuated by political convulsions (revolts and coups d’états), which are merely symptomatic of the internal struggle for absolute control of the state machinery by fractions of the elite, who used the army as their watchdogs. The majority of the population, for its part, was always relegated to the sidelines of political life and called upon only to serve the interests of the powerful or to lend their support in sham elections or participate in armed movements led by local “caudillos.”

In 1986, the people of Haiti mobilized to force Jean Claude Duvalier out of power and into exile. At the same time, the people clearly signaled to the world their intention to change their destiny by means of the ballot box. In March 1987 the Haitian people therefore voted for a new constitution, which is inspired by the legitimate demands of that time and which defines the new state under the rule of law to be introduced in Haiti.

On December 16, 1990, the first free elections provided for under the new Constitution were held. Reverend Jean-Bertrand Aristide was voted into power by a majority of 70% of the electorate. Then, on January 9, during the period between the elections and the inauguration of the new president, a coup d’état was orchestrated by Roger Lafontant, one of Duvalier’s henchmen. It came as a painful reminder to the people that the partisans of the old order were still active. The people of Haiti had to mobilize to thwart this plan, which flouted the letter and spirit of the Constitution.

On February 7, 1991, President Jean-Bertrand Aristide was sworn in. The Government’s program consisted of plans to implement the changes to which a large majority of the Haitian people aspired.

Seven (7) months after the presidential inauguration, on September 30 of the same year, there was another coup d’état, the bloodiest in the country’s history. Three years of blind, untold terror followed, with a total of about 5,000 dead.

The heroic resistance of the people, with the strong support of the international community, managed however to force the murderers and their accomplices to capitulate. Constitutional order was returned in October 1984, with a well-defined agenda for the new government: to restore democracy, by “putting the pieces back together” and revitalize an economy seriously drained after three years of bloodletting.

Another general election was held in December 1995 and, for the first time in the history of Haiti, power was transferred democratically from one elected government to another.

In the year 2000, in strict compliance with the Constitution, then President René Préval, organized legislative elections in May, with numerous national and international observers, and presidential elections in December.

Generally speaking, the elections in May 2000 were considered a success and were carried out to the satisfaction of all. However, some technical problems, which at the outset were deemed to be minor, suddenly became impediments. They were subsequently distorted, exaggerated, and compounded to culminate in the famous “crisis.” This crisis was carefully cultivated and served as a pretext for stifling the people of Haiti politically and economically. Indeed, an economic embargo that is still difficult to justify was maintained for more than two (2) years. Development assistance for Haiti was frozen and its release made conditional on the signing of an agreement between the party in power and sectors of the opposition.

In view of this situation and in the interest of the Nation, the President of the Republic agreed to a dialogue with the sectors involved on the ways and means of finding a way out of the crisis. The OAS, and later, the OAS and CARICOM were asked to mediate between the Haitian parties. By mid-July 2001, following a number of meetings, a preliminary agreement seemed imminent. However, this door of opportunity was quickly shut by the armed violence, which, twice in a five-month period, on July 28 and December 17, 2001, shook the country and took its toll among the National Police Force of Haiti (PNH) and the population.

2. The attack of July 28

2.1 The facts

On the night of July 27-28, 2001, heavily armed individuals attacked and occupied the following premises:

1. The police station at Pétion-Ville, (for a brief period) carrying off weapons, among other items.

2. The police training school on Frères road, not far from Pétion-Ville, where the Swat Team, the main specialized unit of the Police Force, is stationed. Three (3) police officers were killed, including the Administrative Director of the School, and several officer cadets were injured. The assailants made off with a large quantity of guns and ammunition.

3. The police station at Mirebalais, on the Plateau Central. One officer was killed and another abducted and thrown, half-dead, on the road, a few kilometers away.

4. The police station at Hinche. Police officer Zacharie Simon, who was stationed there, was killed on the outskirts of the town.

5. The town of Belladère was occupied for almost 24 hours, but the assailants were removed by a Swat Team detachment that arrived from the capital.

2.2. The Consequences

- Five (5) police officers were killed: three (3) in Port-au-Prince (Eddy Cantave, Michel Milfleur, and James Gazemar) and two (2) on the Plateau Central (Bruno Donaïs Celusca and Zacharie Simon).

- Two civilians were killed.

- The assailants took away large quantities of arms and ammunition.

3. The Attack of December 17

3.1 The Facts

On the night of December 16-17, 2001, people speaking Spanish and Creole drove into the courtyard of the National Palace. They were traveling aboard three unregistered (3) double-cabin pick-ups, one of which was equipped with an M-50 machine gun.

Armed with military weapons, they burst into the National Palace, firing in all directions, destroying everything along their path, including the office of the President of the Republic.

The people of Haiti reacted immediately to the breaking news of the attack, as they do whenever they feel that their civic power is under threat. Groups of people gathered spontaneously in various parts of the capital and converged on the Palace.

As soon as the assailants saw that the crowd was growing and becoming increasingly threatening, they began to retreat, shooting their way out. Special police agents gave chase and, following a heavy exchange of gunfire, the assailants were forced to abandon their damaged vehicles and disperse. One of them was captured.

Following their escape, several violent incidents were recorded on the streets of the capital and in the rest of the country, in towns as well as in rural areas. Private homes were looted, as were the premises of political parties and homes of leaders of the opposition. Threats were made against radio stations, and some journalists complained that they had received rough treatment. In Petit-Goâve, opposition demonstrators attacked and set fire to premises belonging to members of the ruling party. In Gonaïves, the events took a turn for the worse when someone closely allied with an opposition party was killed.

As soon as the security situation allowed, the President went to the National Palace to inspect the damage firsthand and to make an appeal for calm. The citizens heeded his appeal.

3.2 The Consequences

- One assailant killed in the rear courtyard of the National Palace

- One assailant captured and currently in detention

- Two police officers killed:

Jean-Francois THEAGENE A1

Romain EUSTACHE A1

- Six (6) police officers injured:

Duc Jacques HULL A2

Bell CHRSNOR A1

Jeandieu PHANEL A1

Jacques Anthony NAZAIRE USGPN

René AZOR A3

Sergefils BRUTUS A3

- A large number of civilians dead and injured

- One (1) vehicle, driven by the assailants, and fitted with an M-50 recovered by the National Police Force, together with other military weapons (M14, M16, M79, Fa1, 12 Rifles, FAP, Uzi, Galil, B300, etc.)

- Major damage to the headquarters of opposition parties, public and private institutions, the French Institute of Haiti, and private residences

- Vehicles burned

4. Steps taken by the Government to ensure that justice is done

The actions undertaken by the Government to ensure that justice is done, which are reflected in the preliminary report, are for information only. The actions are contemplated under Haitian Law and will be taken up again, considered separately, and expanded upon in the final report.

4.1 The actions undertaken

In the interest of establishing calm and public order, the Government quickly moved to take the following measures:

- Appraisal by the Judiciary on the damage resulting from the events of December 17, 2001

- Hearing of claims from the alleged victims of the events: political organizations, public and private institutions, individuals, and the transmission of such claims to the Government Commissioner for them to be forwarded to the Dean of the Civil Tribunal, who assigns a judge to the case.

- Establishment, as a matter of urgency, of a Commission of Inquiry charged with examining the damage caused during the events, carrying out a brief evaluation, establishing responsibility, and submitting a brief report to the President of the Republic. The Commission, consisting of members of the National and Justice Police, carried out its duties with promptness and professionalism.

- Creation of an Inter-Ministerial Commission to study the complaints and claims for reparations submitted by the alleged victims–agencies, organizations, and individuals. The Commission was made up of the Ministers of Justice, Public Security, and Public Works and Communications, as well as Economy and Finance.

- Decision to cooperate with the Independent Commission of Inquiry (CEI) of the OAS, which is charged with studying the situation in Haiti – OAS Permanent Council resolution CP/RES. 806 (1303/02), of January 16, 2002.

- Allocation of office space to the CEI, as well as the provision of specific files and documents relating to Haitian legislation.

- Creation of a Tripartite Advisory Council, made up of: one (1) representative of the OAS, one (1) representative of the State of Haiti, and one (1) representative of Haitian civil society, to assist the Inter-Ministerial Commission. This was made possible at the express request of the State of Haiti with the support of CARICOM.

The main duty of the Advisory Council is to examine the grounds of the claims submitted by the alleged victims, determine their admissibility, and advise the Inter-Ministerial Commission on follow-up action to be taken.

In respect of claims registered with the Public Prosecutor’s Department and/or the Tribunal, public action was undertaken, in accordance with the provisions of the Penal Code of Haiti.

However, in respect of civil action suits, an agreement was reached and signed on July 9, 2002, between the lawyers of the political parties concerned, the victims from the National Police Force, and the civilian population of Haiti. The objective is to arrive at an amicable agreement in accordance with a clearly defined procedure. This has been done in the Nation’s interest. (See Appendix 2)

Some 80 individual claims have been registered with the Ministry of Justice and examined by the Advisory Council, which subsequently made its recommendations to the Inter-Ministerial Commission on how they should be dealt with.

4.2 Specific Cases

4.2.1. Relating to the events of December 17, 2001

1. The dossier relating to the events of December 17, which was transmitted to the Dean of the Civil Tribunal of Port-au-Prince by the Government Commissioner, was submitted to the Examining Magistrate Bernard Saint-Vil. The latter completed his inquiry and returned the dossier to the Government Commissioner for the Civil Tribunal of Port-au-Prince for follow-up action, in accordance with Haitian Law.

It must be stressed that, according to the legal authorities of the jurisdiction of Port-au-Prince, some 10 witnesses have been interrogated, approximately 30 persons charged, and eight (8) persons heard and placed in preventive detention by the examining judge. Subpoenas have been issued in respect of twenty-two (22) persons. It should be noted that these persons do not presently reside in Haiti.

In accordance with Haitian legislation, the claims registered with the other jurisdictions of the country received similar treatment.

Public Action has already been set in motion with respect to those persons identified by the public as having participated in the events of December 17, in the capital as well as in the main towns (Cap Haïtien, Gonaïves, Petit-Goâve, Cayes …). For those persons identified, but against whom no legal complaint has been made, Public Action will determine whether or not such persons did take part in acts of violence, and where such determination has been made, they will be brought to justice, as appropriate.

2. With regard to reparations, the Ministry of Justice has received claims for compensation from every region of the country, notably from Port-au-Prince, Cap-Haïtien, Gonaïves, Petit-Goâve, and Grande Rivière du Nord.

On June 11, 2002, the Inter-Ministerial Commission sent thirty-five (35) dossiers to the Advisory Council for its opinion and recommendations.

Some of these dossiers contain more than one complaint and include different types of damage. One of the dossiers has been excluded from consideration by the Council for being unrelated to the events of December 17, 2001. With respect to the files that have been retained for consideration, the Advisory Council has recommended to the Inter-Ministerial Commission that it request interested parties to complete their dossiers with information and evidence regarding the damage suffered, so that there may be a just and equitable evaluation of the damage sustained.

Letters to this effect have been sent to the claimants so that the necessary action may be taken.

3. As of July 5, 2002, seventy (70) dossiers had been sent to the Advisory Council, not including duplicates. Some of these dossiers contain more than one claim and include different types of damage. They have been given the same treatment and are subject to the same recommendations as the preceding ones.

So far, the Advisory Council has deemed that consideration has been completed in respect of two (2) dossiers. The Inter-Ministerial Commission is presently seeking to come to an agreement with the claimants regarding the amount of reparations and the form of payment to be made.

4. Specific case: Amiot Métayer (alias Cuban), was mentioned in the CEI report concerning the events of December 2001. He was incarcerated in the Gonaïves prison as a result of another matter. In the meantime, the Office of the Examining Magistrate received a complaint against him with regard to the events of December 17, 2001.

He was in the custody of the justice system when, on Friday August 2, 2001, the prison at Gonaïves was attacked by a group of demonstrators, leading to the escape of 159 detainees and convicted prisoners. One of these was Jean Tatoune, sentenced to life in November 2000 in the trial for the Raboteau massacre. Another escapee was Amiot Métayer himself.

While avoiding any action that would be harmful to the people of Raboteau, who are still traumatized by the bloody events of April 22, 1994, the Haitian Judiciary is taking every measure under the law to ensure that the fugitive is returned to prison and made to answer for his actions.

Ministry of Foreign Affairs

SM-453.02 Port-au-Prince, September 11, 2002

Joseph Philippe Antonio

Ministry of Foreign Affairs

Office of the Minister

Telefax Cover Page

I. To:H.E. Raymond Valcin

MINISTRY OF JUSTICE AND PUBLIC SECURITY

THE EVENTS OF DECEMBER 17, 2001

September 2002

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