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STATEMENT BY OAS SPECIAL MISSION FOR STRENGTHENING DEMOCRACY IN HAITI: TRIAL FOR THE MURDER OF ANTOINE IZMERY

  August 19, 2004

The 1993 assassination of Antoine Izmery acquired immense political and juridical dimensions and rapidly became a symbol of the difficulties in the struggle for democracy and equitable development in Haiti.

For that reason alone the trial August 16 of two men previously convicted in absentia of the crime, Louis Jodel Chamblain and Jackson Joanis, was bound to excite strong interest. The high political profile of the case represented a test of the evenhandedness of justice in today’s Haiti, where other prominent political personalities, like former Prime Minister Yvon Neptune, remain in jail awaiting trial.

Serious deficiencies were observed in the conduct of the trial and in the judicial procedures applied. The unexplained haste of the prosecution in the preparation of the trial, the failure to present adequate material or documentary evidence and witnesses -- even the prosecution’s own lack of preparedness – hindered the jury’s ability to effectively judge such a complex case.

Instead of demonstrating the turning of a new page as desired by the transitional government, the trial jeopardized the credibility of the judicial process and raised concerns about the integrity of Haitian political life. To alter these perceptions will require credible efforts to combat impunity, the development of proper administration of justice, especially in highly sensitive cases, and a degree of care and principled fairness for all that were manifestly lacking in this case.

The OAS is committed to a democratic future for Haiti and will continue its work to help all Haitians ensure that the judicial system properly fulfills its duties. Failure by Haitian authorities to do so would hinder the advancement of a genuinely democratic process and the consolidation of the rule of law in Haiti.

Port au Prince, 19 August 2004.

Reference: MEH(E)-2