ARISTIDE E HAITI

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ACTION ALERT -
PLEASE SEND APPEALS IMMEDIATELY


Amnesty International Alert on Prison Killings
PUBLIC AI Index: AMR 36/063/2004
20 December 2004

UA 339/04 Fear for safety/unlawful killings
***

HLLN Note on the Amnesty International Alert on Prison Killings


A Toronto Star article by reporter Reed Lindsay reported perhaps as many as 110 Haitian prisoners have been executed by the guards at the National Penitentiary in Haiti.

(See, http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&call_pageid=971358637177&c=Article&cid=1103496609352 )


Below, Amnesty International makes an appeal to write to Leon Charles, Haiti's National Police Director and Jean Pierre Daniel Audain, the Chief Public Prosecutor in Port-au-Prince, with copies of the letters to: the interim Gerard Latortue; Justice Minister Bernard Gousse; Police Commissioner David Beer, and, UN Special Representative Juan Gabriel Valdes to denounce the prison killings in Haiti, call for an investigation, demand that the authorities provide security to all the other detainees, particularly prison detainees who have been threatened with beatings and executions if they talk about having witnessed the massacre and allow detainees access to their families, lawyers and to medical assistance if needed.

Please, if you choose to answer the Amnesty International appeal below, do not forget to ALSO demand, especially to Chief prosecutor
JEAN PIERRE DANIEL AUDAIN, to immediately release all prisoners who have been ORDERED RELEASED by a judge, such as 70-year old grandmother, Annette Auguste; Prime Minister Yvon Neptune; Senator Yvon Feuille and the other political prisoners who have been ordered released by judges, but REMAIN IN PRISON.

At least three different representatives of the Haitian Lawyers Leadership Network were told by a prisoner in this situation, that all the prisoners who have been ordered released who remain in prison, remain there illegally, virtually as hostages with no more court remedies, on the order of the CHIEF PROSECUTOR in Port-au-Prince, Mr. Jean Pierre Daniel Audain. The political prisoners who have been ordered released ask that the international community, the U.N. and U.S. Congressional representatives to intervene, on their behalf, as the US administration supports and keeps the current Haitian government in power.

Mr. Jean Pierre Daniel Audain and his superiors are arbitrarily holding detainees, who were arrested without a warrant, who have been vindicated before a judge and who have spent months unjustly imprisoned, despite being ordered released by Haitian judges, in violation of Haitian and international human rights laws.
(See the Amnesty International Alert on Prison Killings below for the requisite contact information.)


Marguerite Laurent, Esq.
Founder and Chair, Haitian Lawyers Leadership Network
Dec. 21, 2004

*

Amnesty International Alert on Prison Killings

PUBLIC  AI Index: AMR 36/063/2004        
20 December 2004

UA 339/04  Fear for safety/unlawful killings                 

HAITI Prisoners at National Penitentiary in Port-au-Prince

A prison riot on the night of 1 December left 10 prisoners dead and around 40 injured, according to official figures, but inmates have
claimed that many more died, and that guards were "executing" prisoners. Visits to the prison have been severely restricted, making
the true situation very difficult to assess. Prisoners who have spoken to journalists are feared to be at risk of reprisals from
prison guards.

The riot took place at the National Penitentiary, which holds over 1,000 detainees, in the capital, Port-au-Prince. Officials claim that
prisoners who did not want to be transferred to other facilities broke out of their cells, set fire to mattresses and used bricks, kitchen utensils and water pipes as weapons against prison guards and the police who were called to the scene. Some of the dead prisoners had been shot, and others stabbed, according to Haitian National Police officials, who gave no further information about the circumstances in which the men had died.

Two prisoners and one hospital worker have contradicted the official version of events, saying they saw many more than 10 corpses. One of
these witnesses, a prisoner released two days after the riot, told a journalist he had seen the police open fire on the detainees, take prisoners out of their cells and force them into a passageway to execute them methodically. He said prison guards had beaten him and
warned him not to talk about what he had seen. He is now in hiding.

The director of the national police announced on 6 December that there would be an investigation into the riot. However, he gave no
details, and three weeks after the riot no official information has been made public, not even the list of casualties. This means that
prisoners' families still do not know whether their relatives are alive or not.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in French, English or your own language:

  • urging the authorities to order an independent and thorough judicial investigation into the killings at the National Penitentiary
    on 1 December, and bring those responsible to justice;

  • expressing concern at reports that prison guards have beaten and threatened witnesses to the killings, and asking for all such
    witnesses to be fully protected from any reprisals;

  • calling for detainees to be given access to lawyers, their families and any medical assistance they may require;

  • reminding the authorities of their need to ensure that all military police and prison guards are properly trained in accordance with
    international standards on the use of force and treatment of detainees, and are provided with the conditions and training to perform their duties in such a way as to ensure the safety of both detainees and themselves.

APPEALS TO: (please note that fax numbers can be extremely difficult to get through to)

National Police Director

Monsieur Léon Charles
Directeur Général de la Police Nationale d'Haïti
Grand Quartier général de la Police
12 rue Oscar Pacot,
Port-au-Prince, Haïti

Fax:  + 509 245 7374
Salutation:  Monsieur le Directeur


Public prosecutor

Monsieur Jean Pierre Daniel Audain
Commissaire du Gouvernement près le Tribunal de première instance de
Port au Prince
Parquet de Port-au-Prince
Port au Prince, Haïti

Salutation:  Monsieur le Commissaire du Gouvernement



COPIES TO:

Prime Minister

Monsieur Gérard Latortue
Premier Ministre       
Ministre de l'Intérieure
Villa d'Accueil
Delmas 60
Musseau, Port-au-Prince, Haiti

Fax:  + 509 249 5561
Salutation:  Monsieur le Premier Ministre



Justice Minister

Monsieur Bernard Gousse
Ministre de la Justice et de la Sécurité Publique
Ministère de la Justice
19 Avenue Charles Summer
Port-au-Prince, Haïti

Fax:  + 509 245 0474
Salutation:  Monsieur le Ministre



UN Special Representative

Mr Juan Gabriel Valdés
Special Representative of the Secretary-General
United Nations Stabilization Mission in Haiti
387, avenue John Brown
Port-au-Prince, Haïti

Fax: + 509 244 3512
Salutation:   Dear Mr Valdés



Mr David Beer
Police Commissioner
United Nations Stabilization Mission in Haiti
387, avenue John Brown
Port-au-Prince, Haiti

Fax:  + 509 244 9366
Salutation:  Dear Mr Beer



PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 31 January 2005. Internet communications are not secure and therefore Amnesty International Ltd does not accept legal responsibility for the contents of this message. If you are not the intended recipient you must not disclose or rely on the information in this e-mail. Any views or opinions presented are solely those of the author and do not necessarily represent those of Amnesty International Ltd unless specifically stated. Electronic communications including email might be monitored by Amnesty International Ltd. for operational or business reasons.

********
Forwarded by the Haitian Lawyers' Leadership Network
******

"Men anpil chay pa lou"  is Kreyol for - "Many hands make light a heavy load."

See, The Haitian Leadership Networks'  7 "Men Anpil Chay Pa Lou" campaigns to help restore Haiti's independence, the will of the mass electorate and the rule of law. See,
and http://www.margueritelaurent.com/law/lawpress.html
or, http://www.margueritelaurent.com/pressclips/newsessaysreflections.html



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