Insecurity, impunity could impede Constant’s prosecution in Haiti

IJDH Senior Staff Attorney Alexandra Filippova speaks with The Haitian Times on the new trial of FRAPH leader Emmanuel “Toto” Constant.

“He can ask for a brand-new proceeding pursuant to the existing ordonnance,” said Alexandra Filippova, senior staff attorney for the Institute for Justice & Democracy in Haiti (IJDH). The sister organization of IJDH, Bureau des Avocats Internationaux (BAI), helped prosecute the Raboteau case on behalf of victims in the incident.

“It’s not an appeal of the judgement, because basically there are no presumptions of any guilt that would apply. For example, all of the elements of his crimes would have to be proven anew, although the same evidence can be used,” Filippova added.

[…]

“Having convicted human rights offenders like Gabriel in positions of authority can send the wrong signal to witnesses, if Constant gets another trial. 

“I think there’s every reason to be concerned about what that means in terms of this going forward and what that means for how comfortable witnesses are in participating again,” Filippova said.

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