Amnesty International Report 2004 - Haiti

Covering events from January - December 2003

The government faced growing discontent from opposition and civil society movements, and attacks by armed groups and some disaffected street gangs that had formerly repressed dissent on the government's behalf. Elections again failed to take place as some opposition parties demanded the President's departure as a pre-condition for participating in elections while the President remained committed to completing his term. Political violence increased as parties in the continuing electoral deadlock became more polarized. The police and judiciary were accused of bias in favour of the government. The police committed numerous human rights violations and frequently failed to protect demonstrators and others from abuses by pro-government activists.

Background

The Organization of American States (OAS) attempted to negotiate the holding of elections in the run-up to January 2004, when many legislative terms end. In June its General Assembly urged all parties to engage in forming a new Provisional Electoral Council to hold elections once security was ensured. This was refused by the main opposition coalition, Convergence Démocratique (CD – Democratic Convergence), which insisted that security could not be guaranteed until President Jean Bertrand Aristide was removed from office and a transition government set up. The President reiterated his determination to complete his term, which expires in February 2006. The Catholic Church's Conference of Haiti condemned political leaders on both sides for failing to compromise, urging the President to form a multi-sector advisory council in the run-up to elections and calling on the opposition to participate.

Haiti's economic situation, the most precarious in the region, deteriorated further in 2003 with grave ramifications for the rights to health, work, education and development. In April the UN Development Programme appealed for emergency funds for food, security, health and other projects in Haiti, one of the poorest countries in the world. However, aid from donors such as the European Union, partially frozen because of the electoral dispute in Haiti, continued to be blocked. The International Monetary Fund launched a one-year project aimed at establishing conditions for a longer-term poverty reduction program. After the government used funds from its dwindling foreign currency reserves to pay US$30 million in arrears on earlier loans, the Inter-American Development Bank resumed lending. The World Bank's private sector lending arm, the International Finance Corporation, loaned US$20 million to the first company to set up factories in a new free trade zone near Ouanaminthe, on the Haitian border with the Dominican Republic, on the condition that it respect labour rights. Meanwhile, Haiti claimed over US$21 billion in restitution and reparation for an indemnity it paid to France in exchange for recognition of Haitian independence; a French commission visited in October to investigate the claim.

Political violence increased as rifts between opposing sides widened. Numerous abuses were allegedly committed, most frequently by supporters of the government and its party, Fanmi Lavalas (FL – Lavalas Family). The Haitian National Police (HNP) were accused of disproportionate use of force and pro-government bias in responding to abuses.

Demonstrations

Political demonstrations became increasingly frequent during the year.

• Numerous anti-government demonstrations were held in Cap Haïtien, department of the North. On 6 April pro- and anti-government activists clashed in Carrénage, an opposition area of the city. A supporter of each side was said to have been killed. On 30 August members of Group of 184, a civil society movement, the CD and other groups staged a rally in Carrénage against police advice. FL supporters reportedly set up barriers in the streets and threw bottles and stones to prevent participants from reaching the venue. During the rally, stones were allegedly thrown by both sides. Police officers reportedly used tear gas and fired shots to disperse the crowd. On 14 September, HNP officers allowed separate opposition and FL marches to converge and, after rocks and bottles were thrown by demonstrators, fired tear gas at both groups. Several people were reportedly injured. Government officials indicated that one government supporter had been killed, although the circumstances were unclear.

• In Port-au-Prince, several Group of 184 activities were disrupted. On 12 July, dozens of passengers in a motorcade to Cité Soleil, a Port-au-Prince slum, were reportedly injured after their cars were stoned in the presence of police. Officials accused the group of provoking residents' violent reaction and of causing four deaths, although little detailed information on this claim was made public. A Group of 184 march to the central square in Port-au-Prince on 14 November was broken up when demonstrators were surrounded by a large crowd of FL supporters throwing rocks and bottles, and police fired tear gas. The head of the OAS Special Mission for Strengthening Democracy in Haiti denounced officials' failure to prevent FL activists from repressing opponents' demonstrations. Group of 184 accused the OAS of ineffectiveness and occupied its offices to demand the release of two businessmen arrested on illegal weapons charges during the march. The Mission said that its role was to advise, not to replace, Haitian institutions. The two businessmen were released on 1 December.

• Confrontations became even more violent in the run-up to the celebration of Haiti's bicentennial on 1 January 2004. On 5 December, FL supporters attacked demonstrating State University of Haiti students in the presence of the police. More than 20 people, primarily students, were reportedly injured by firearms, batons or other weapons, while the University rector's kneecaps were broken by blows from an iron bar. Students and others again protested on 22 December; two people were reportedly killed and six wounded when shots were fired at demonstrators and police fired back.

Protests against deaths of former pro-government gang leaders

Two leaders of armed gangs that had formerly supported the government were killed in September and October. Their supporters accused the government of ordering the killings in response to international criticism of its links with street violence. As a result, residents of formerly pro-FL neighbourhoods in Gonaïves and Cité Soleil staged violent protests calling for President Aristide's departure.

• The body of Amiot "Cubain" Métayer, a former FL activist, was found on the outskirts of St Marc, department of the Artibonite, on 22 September with gunshot wounds to the eyes and chest. His home town of Gonaïves was racked by weeks of violent demonstrations as his supporters clashed repeatedly with police. On 2 October, police supported by Coast Guard units and a helicopter raided the Raboteau area of the city. At least eight people were said to have been killed and others injured. The violence continued and on 26 October a young bystander was reportedly killed and two police officers, including the Gonaïves Commissioner, were wounded when an armed antigovernment group laid siege to the police station. During several days of reprisal raids on Raboteau, police were accused of injuring residents with gunfire and of setting fire to houses.

• On 31 October, Rodson "Kolibri" Lemaire, leader of a formerly pro-government gang that had reportedly been involved in suppressing the Group of 184 rally in July in Cité Soleil (see above), was shot dead by unidentified assailants. Days of violent clashes followed between his supporters and the police in Cité Soleil, resulting in several deaths.

Other violations by police

Other violations by the HNP continued to be reported. There were also allegations of abuses committed by unofficial groups of armed men attached to police stations and acting with police complicity. During his November visit, which focused on police behaviour, the UN Independent Expert on Haiti said that he received assurances that these unofficial groups would be investigated.

Unlawful killings

• On 22 October, Fernande Jean died after reportedly being shot in the head by a police commissioner when a rock she threw during a family dispute hit his car. No investigation was known to have been initiated.

• Viola Robert, whose three sons were found dead with bullet wounds to the head after they were taken into police custody in December 2002, was forced to flee Haiti in June with other members of her family after receiving numerous death threats apparently in response to her attempts to gain justice for her sons' deaths.

Torture and ill-treatment

There were frequent allegations of torture and illtreatment by police.

• Judith Roi, Jeantel Joseph, Chavanne Joseph and Adeler Reveau, all members of the opposition Patriotic Assembly for National Revival, were arrested on 14 July on charges of illegal possession of weapons and involvement in planning attacks on officials. They were reportedly beaten with iron bars and other objects in police custody. The case was under review by an investigating judge.

• On 14 October, Jonathan Louisma, a street child, was reportedly beaten severely by police and bitten by a police dog at the Champs de Mars police station. He was arrested after he was accused of stealing a wallet. It appeared that no investigation was initiated.

Attacks on government supporters

Officials and FL activists were targeted by a group of unidentified armed individuals in the Pernal section of the commune of Belladère, in the lower Central Plateau. The assailants were generally referred to by the authorities as the "Armée sans maman" ("Motherless Army"), which they alleged included former soldiers of the disbanded Haitian army. The government said that the group had killed up to 25 people and accused opposition parties of supporting it. Opposition leaders denied any such ties. In response to the attacks, the HNP reportedly burned homes and beat residents suspected of anti-government sympathies.

• On 6 May a group of armed men reportedly attacked the Péligre hydroelectric dam in the lower Central Plateau, the country's largest power source, killing two civilian security guards, setting fire to the control room and threatening staff. While escaping, they allegedly identified themselves as former soldiers of the disbanded army.

• A vehicle transporting an Interior Ministry delegation was reportedly ambushed in Ouasèk, near Pernal, on 25 July. Four civilian Ministry employees were killed. The Interior Minister told the press that the bodies of the four men had been mutilated and burned. Another Ministry employee was said to have been shot twice and needed hospital treatment.

Journalists under attack

The family of Jean Dominique, the Director of Radio Haïti Inter who was killed by unidentified assailants in April 2000, moved to have the trial documents in the case thrown out due to the absence of any information on the motives and authors of the crime. The motion was upheld by the Court of Appeal, which ordered that the investigation be reopened to address these issues. No progress was made in investigating the attack in late 2002 on Michèle Montas, a journalist and the widow of Jean Dominique, which left her bodyguard dead. Radio Haïti Inter closed indefinitely in February because of security concerns.

• In Saint Marc on 12 November, the authorities reportedly confiscated transmitters and material from the radio station Tête à Tête, which broadcast views critical of the government. In an apparent reprisal attack, a group of residents reportedly set fire to Pyramide FM radio station after accusing its staff of not supporting their anti-government views. The station director filed a complaint against the leaders of a local opposition group.

Harassment of women's organizations

Some activities by women's organizations were repressed by FL activists or police.

• On 10 March, a coalition of women's groups organized a march in Port-au-Prince to commemorate International Women's Day and to protest against the difficult conditions faced by Haitian women. The march was reported to have been forcibly broken up by the HNP, and participants were harassed and threatened by FL counter-demonstrators in the presence of police.

• A sit-in by women's organizations on 29 October outside the downtown court offices to draw attention to insecurity and violence was reportedly broken up by FL activists throwing stones and bottles.