BUREAU DES AVOCATS INTERNATIONAUX
(BAI)
3, 2ème rue Lavaud, Port-au-Prince, Haïti
B.P. 19048
244-7987/244-7988
email :  avokahaiti@aol.com

Port-au-Prince, Haiti
August 4, 2006

La Scierie Case (Saint-Marc)
Sit-in of AVIFLASM in front of the Courthouse of St-Marc to demand the release of political prisoners and the dismissal of the judicial authorities of this town.   

Several dozen members of the Association of Fanmi Lavalas Victims/Saint-Marc (AVIFLASM),  held a sit-in on August 3, 2006 in front of the Courthouse (Palais de Justice) of Saint-Marc, 100 kilometers north of Port-au-Prince to demand the release of all political prisoners, particularly of the former député of Saint-Marc, Amanus Maette.

Marching with signs : “ Freedom for Amanus Maette”, “ Release all political prisoners”, they shout hostile slogans against the judiciary members they described as corrupt and as the right hands of the former Alexandre/Latortue administration.

One of the spokespersons of AVIFLASM, Riswick Destiné, told the press “We are going, through a peaceful mobilization, to ask the elected and constitutional government to fire the de facto judiciary authorities of Saint-Marc, including the Chief Judge, Ramon Guillaume, the Commissaire du Gouvernement (Prosecuor), Lesly Jules et the juge d’Instruction (investigating magistrate), Clunie Pierre Jules, the latter being in charge of the investigation of La Scierie case.”

Judge Pierre Jules issued an order (ordonnance), dated September 14, 2005 that the demonstrators described as “legal rubbish”.

Let us not forget that in a press briefing on October 14, 2005, Mr. Thierry Fagart, representative of the United Nations High Commission for Human Rights and head of the human right section of MINUSTAH, to the question: “Are you satisfied with the order ?”, answered: “No, I am not satisfied with the order, I  will not comment on that.  I have already sent my comments to the United Nations High Commissioner for Human Rights.”

Moreover, following the release of the former prime minister, Yvon Neptune, the Minister of Foreign Affairs of Canada, Peter Mackay, pointed out in a press release issued on July 28, 2006: “Canada was concerned about the prolonged detention of former prime Minister and of other detainees, in violation of Haitian laws and international obligation of this country…” 

According to analysts who follow very closely the evolution of this case, the reaction of the new Canadian government marks a true turning point, when one knows that, under the preceding government of Paul Martin, funds through the channel of the Canadian International Development Agency (CIDA and totaling 80.000 US dollars were allocated to a nongovernmental organization of human rights (NCHR hereafter RNNDH) to fabricate this machine of injustice.

Moreover, Amnesty International, in a press release emitted on August 1, 2006, estimated that people known to be partisans of the former Haitian President, Jean-Bertrand Aristide, particularly Annette Auguste, known as Sò Ann, Yvon Antoine alias Yvon Zap Zap, Paul Raymond and George Honore, must without delay appear before a court or quite simply released while regarding them as political prisoners. More than one hundred of grassroots militants of Fanmi Lavalas are concerned: arrested, held in prison without charges, or judged, undergo the same fate.

The charges retained against them are political, declared Amnesty International: “The prolonged detention of supporters of former President Jean-Bertrand Aristide under the transitional government of Gerard Latortue was politically motivated and in breach of international Haitian law and human rights standards.”

It is important to point out here that, in the “Scierie Case”, two political prisoners have been released so far- first former Minister of Interior, Jocelerme Privert, then former Prime Minister, Yvon Neptune.  At the same time, former deputy Amanus Maette and two other “accused,” Hora Jean-Baptiste and Wantalès Lormejuste, are still held in prison. This despite a request for release on personal recognizance produced by their lawyer, Me. Mario Joseph, before the judges of the Appeals Court of Gonaïves dated of May 23, 2006, that was made at the same time and in the same circumstances as the request for Mr. Privert.

It is important to note that the appeal was filed on October 8, 2005 against the infamous ordinance of September 14, 2005, and that article 15 of July 26, 1979 law establishes 30 days from the filing of the appeal as the limit for the judges of the Appeal Court to decide appeals.  As a result, the legal authorities once again violated the prisoners’ rights by disrespecting the law. Nearly 300 days after, no decision has been issued by the appropriate authority.

The demonstration was held in order and without incident in the presence of representatives of Human Rights organizations (BAI, CDPH, GADH, GDP, and IJDH).

 

Mario JOSEPH, BAI