BUREAU DES AVOCATS INTERNATIONAUX
3, 2ème rue Lavaud
B.P. 19048
Port-au-Prince, Haiti
509 2943 2106 / 07
Fax 2244-7986
Email: avokahaiti@aol.com
Port-au-Prince, January 25, 2012
Me Jean Renel SENATUS
Government Commissioner
Port-au-Prince Criminal Court
Dear Government Commissioner,
The Bureau des Avocats Internationaux (BAI), acting within its original and natural remit to defend human rights, finds itself obliged to share with your Honour its concerns about the statements by Judge Carvès JEAN, who is tasked with handling the case of dictator Jean Claude DUVALIER, and, according to which, he is working hard to produce a ruling in this case.
The BAI reminds you that it was set up to represent dozens of Jean Claude Duvalier’s victims; that complaints, the receipts for which are enclosed with this letter, were brought on the 13th May 2011, 18th July 2011, 8th August 2011 and 4th October 2011 to the Office of the Prosecutor of Port-au-Prince, which is tasked with taking public action against criminals, finding them, arresting them, and judging them before a court of law; that, confronted with a clear disinterest from the Prosecutor’s Office, a letter dated October 3, 2011 was sent to Mr. Félix LEGER, then Government Commissioner, as a reminder of the need for due diligence; these complaints are still rotting in the drawers of your office and are not being addressed properly, contrary to article 51 of the Criminal Instruction Code.
The BAI wishes to highlight that, if the Investigating Judge’s statements are sincere, whereas he has not even heard his clients/plaintiffs, we will bear witness to Haiti’s greatest dereliction of judicial duty. Moreover, it is the first time in the history of humanity that an investigating judge has dealt solely with the defence, therefore, denying the plaintiffs their right to justice.
The BAI also notifies you that the ambiguous behaviour of the Prosecution in this case, which is shamefully reminiscent of the worrying years of the dictatorship during which justice was subordinated to the interests of the dictatorship, is not to the honour of a nation which opened the doors of freedom and dignity to a people who had been subjected to the odious rule of colonialism and slavery.
The eviction of the BAI’s clients/plaintiffs and of their witnesses by your and Judge Carvès Jean’s offices is indicative of a distorted justice, set up to deny true justice by whitewashing the impunity and criminal behaviour in the name of which Jean Claude Duvalier exiled reporters and disappeared, tortured, murdered and imprisoned citizens.
The BAI objects, in the strongest sense of the word, to the planned definitive ruling by the investigating judge, and reminds you of the sacrosanct principle of investigation, namely, that it is led with both the prosecution and defence in mind. The disdain for the victims indicates that your Prosecution and Judge Carvès’ office have become the embodiment of the Minotaur. Because, even though it may be hobbled by the Martelly/Conille government and magistrates lacking courage, justice will nevertheless triumph in this case.
The BAI denounces this announced denial of justice and reminds you that Haïti is a member of the international community and, as such, has signed and ratified international treaties and conventions, in particular the Inter-American Convention on Human Rights, and, in March 1997, recognised the remit of the Inter-American Court and Commission for Human Rights.
In denouncing the slow pace of justice, the BAI implores you to accept its patriotic greetings.
Mario JOSEPH, Av.
Managing Attorney
Bureau des Avocats Internationaux (BAI)
CC :
Ministre de la Justice et de la Sécurité Publique
Me Pierre Michel Brunache
Doyen du Tribunal de Première Instance de Port-au-Prince
Me Marie Joceline CASIMIR
Juge et Juge d’Instruction chargé du Dossier de Jean claude DUVALIER
Me Carvès JEAN
High Commissioner for Human Rights
Navanethem Pillay, InfoDesk@ohchr.org
Special Rapporteur on Haiti
Michael Forst, ie-haiti@ohchr.org
Special Rapporteur on the Independence of Judges and Lawyers
Ms. Gabriela KNAUL (Brazil), srindependencejl@ohchr.org
Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Mr. Juan MENDEZ (Argentina), sr-torture@ohchr.org
Working Group on Arbitrary Detention
Mr. El Hadji Malick SOW (Senegal), Chair-Rapporteur, wgad@ohchr.org,
Working Group on Enforced or Involuntary Disappearances
Mr. Jeremy SARKIN (South Africa), Chair-Rapporteur, wgeid@ohchr.org
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
Mr. Christof HEYNS (South Africa), eje@ohchr.org
Office of the High Commissioner for Human Rights / MINUSTAH
Ben Majekodunmi, majekodunmi-minustah@un.org
French Embassy
Thierry Burkard, Ambassador
cad.port-au-prince-amba@diplomatie.gouv.fr (Embassy in Haiti)
Permanent Mission of Canada (in Geneva)
Mary Pierre-Wade, Second Secretary, mary.pierre-wade@international.gc.ca
Amnesty International
Gerardo Ducos: gducos@amnesty.org
Christopher Hall chall@amnesty.org
Josefina Salomon, JSalomon@amnesty.org
Javier Zuniga “jzuniga@amnesty.org”
Susan Lee SLee@amnesty.org
Human Rights Watch
Amanda Klasing, klasina@hrw.org
Reed Brody, brodyr@hrw.org
Diane Douzille, gcd_ib1@hrw.org,
Hugo Relva, HRelva@amnesty.org
CIDH
Executive Secretary, Santiago Canton
Open Society Justice Initiative
Jonathan Birchall, jbirchall@justiceinitiative.org
James A. Goldston, Executive Director, jgoldston@justiceinitiative.org
International Commission of Jurists
Wilder Tayler Executive Director, Tayler@icj.org
Avocats sans Frontières Canada
Pascal Paradis, Executive Director, paradis@asfcanada.ca
Avocats sans Frontières France
Francois Cantier, President, fpaulcantier@gmail.com
International Center for Transitional Justice
David Tolbert, President
Paul Seils, pseils@ictj.org
Marieke Wierda, MWierda@ictj.org
International Prosecutors Project
Luc Cote, Luccote2@gmail.com
ABA International Section:
Leanne Pfautz, Section Director, Leanne.Pfautz@americanbar.org
National Lawyer’s Guild International Committee
Charlotte Kates, charlotte.kates@gmail.com
American Civil Liberties Union
Social Science Research Council
William O’Neill, oneill@ssrc.org
Haitian Women of Miami
Marleine Bastien, Executive Director, info@fanm.org
You should also send copies for the following people and offices:
Yvon Neptune, co-murder,co-criminal, along with Jean-Bertrand Aristide and Rene Garcia Preval
Amanis Mayette,Jocerlerme Privert,Nahoum Marcelus, John Joel Joseph,Moise Jean-Charles,Jacques Edouard Alexis,Ronald Cadavre,Armyot Meteyer, General TIti,and so on.There will be not enough space to write down so many Assasins names to send letters.
On target.
I sent e-mail to all of the address and no one replied.
Jistis pou tout moun…. Nan poin padon ou grace pou okin criminel ou zami Presidan … Sak pas contan , zafe a yo. pep la mande jigeman. Pep la en action. Si presidan craponnin devan gros criminel yo ce pou li bay demision li.