Seven years after radio journalist’s murder, convicted killers still at large

HAITI

Seven years after radio journalist’s murder, convicted killers still at large

Reporters sans frontières

(Read the original article here)

Justice has still not been fully rendered in the case of Brignol Lindor, a young radio journalist who was murdered in a particularly barbaric manner in the southwestern town of Petit-Goâve exactly seven years ago today, although two individuals implicated in his murder were given life sentences in December 2007, Reporters Without Borders said.

Seven other people who were convicted in absentia of his murder in January of this year (see 25 January press release) are still on the run, Reporters Without Borders pointed out, adding that it hoped the appointment of Lindor family lawyer Jean Joseph Exumé as justice minister on 7 November will bring complete closure to a case that has dragged on too long.

"The political will demonstrated by President René Préval's government helped to put an end to the scandal of a case in which there was complete impunity for six years, and at the same time there has been an overall improvement in press freedom in Haiti," Reporters Without Borders said.

"But the political and judicial authorities cannot content themselves with the trials of the past year, which left the fate of seven convicted killers in limbo and failed to shed light on the then municipal government's apparent implication," the press freedom organisation added.

A journalist with local Radio Echo 2000, Lindor was stoned and hacked to death on 3 December 2001 in Petit-Goâve by members of Domi Nan Bwa ("Sleep in the Woods"), a locally-based armed group linked to Fanmi Lavalas, the party led by then President Jean-Bertrand Aristide.

Four days before the murder, a press conference was held in Petit-Goâve by several local figures linked to Fanmi Lavalas, including Petit-Goâve mayor Emmanuel Antoine and his deputy, Bony Dumay, who launched into a violent verbal attack on the opposition Democratic Convergence coalition and Lindor, considered to be one of its allies. Another meeting was held three days later, the eve of his murder, this time between municipal officials and members of Domi Nan Bwa.

One of Domi Nan Bwa's chiefs, Joseph Céus Duverger, was attacked the next morning by presumed Democratic Convergence supporters. This incident was used as a pretext for the targeted reprisal against Lindor later in the day. Evidence of this comes from the fact that around 10 Domi Nan Bwa members were on the point of executing Democratic Convergence member Love Augustin at his home but, when Lindor arrived on the scene, they let him go and seized Lindor.

Despite all the evidence, the indictment issued by judge Fritzner Duclair on 16 September 2002 failed to bring charges against any of the presumed instigators of Lindor's murder.

After five years of inaction, the case was revived in 2007 when arrests warrants were issued for the persons named in the indictment. Four were arrested but only two of them were convicted and given life sentences - Joubert Saint-Juste and Jean-Rémy Démosthène. One of the other two, Simon Cétoute, 57, was acquitted because it turned out he had been arrested instead of his son, who had the same first name and who had recently died in the nearby town of Léogane.

And it emerged that the fourth defendant, Fritzner Doudoute, was mistaken at the time of his arrest for Fritznel Doudoute, and had not been named in either the 2002 indictment or in the arrest warrant issued last year. Nonetheless, witnesses identified him in court as one of the people who participated in Lindor's murder. He therefore remained in detention and is to be the subject of a new judicial investigation that could also target Dumay, the former deputy mayor, who was summoned to testify at the trial.

Fritznel Doudoute, also known as Lionel and Nènèl, was one the seven indicted Domi Nan Bwa members who were convicted in absentia on 23 January of this year by Petit-Goâve chief judge Emmanuel Tataye, who also ordered the seizure of all their possessions and assets and the suspension of their civil and political rights. The other six were Maxi Zéphyr, Bernard Désamour, Tyrésias also known as Téré, Fritznel Duvergé, Mackenzi and Belony Colin.

Two gang members get life for journalist’s murder, a third is acquitted

13 December 2007

Two gang members get life for journalist’s murder, a third is acquitted

(Read the original article here)

Reporters sans frontières

Reporters Without Borders hails the outcome of a two-day trial before a court of assizes in the southern town of Petit-Goâve in which two members of a local militia known as Domi nan Bwa were yesterday given life sentences for the murder of Radio Echo 2000 journalist Brignol Lindor on 3 December 2001.

Of the two other alleged militia members on trial, one was acquitted because of mistaken identity and the other got off on a technicality, because he was identified by the wrong first name. Reporters Without Borders regards this as an indication of shortcomings in the preparation of the trial. Six other members of the militia are due to be tried, but have not yet been arrested.

“The life sentences are proportionate to the particularly barbaric way Lindor was murdered,” the press freedom organisation said. “A trial, especially one of this importance, nonetheless needs a prosecution case that is complete and sound, and ensures that all those involved are present in the courtroom.”

Reporters Without Borders added: “We doubt that the order issued by the presiding judge regarding the six other militiamen charged in this case, who are still fugitives, will have a persuasive effect. They must be arrested quickly. We are still waiting to find out to what degree the former Petit-Goâve municipal authorities were involved in Lindor’s murder.”

The two defendants who received life sentences were Joubert Saint-Juste and Jean-Rémy Démosthène (see picture below). For the time being, they are still being held in Petit-Goâve, but they could be transferred to the national penitentiary in Port-au-Prince to serve their sentences.

Simon Cétoute, 56, was acquitted because witnesses failed to identify him and because the court acknowledged that he had been arrested instead of one of his sons who recently died in the nearby town of Léogâne.

The case was dismissed against a fourth defendant, known as Fritznel Doudoute, because the first name, “Fritznel,” by which he was referred in the indictment, was not his real name, which is Lionel. Nonetheless, he was formally identified in court by witnesses as one of the participants in Lindor’s murder, and he could still be tried. Petit-Goâve state prosecutor Kébreau Zamor announced that a new case would be opened against.

A case could also be opened against Bony Dumay, Petit-Goâve deputy at the time of the murder, who is alleged to have incited violence against Lindor. He was a witness during the trial but so far he has never been charged.

In a statement to the press at the end of the trial, judge Emmanuel Tataye gave the six other Domi nan Bwa members, who were charged in 2002 and for whom arrests warrants are still pending, until 16 December to surrender, failing which they would be declared “rebels against the law” and would have “their rights as citizens suspended and their property seized.”

Only four of ten defendants will be in court for Brignol Lindor murder trial

Only four of ten defendants will be in court for Brignol Lindor murder trial

(Read the original report here.)

Reporters sans frontières

While welcoming the trial of Radio Echo 2000 reporter Brignol Lindor’s alleged murders on principle, Reporters Without Borders said today it feared the course of justice could be perverted because six of the 10 defendants have not been arrested and will therefore not be in court. The trial is due to open on 10 December in Petit-Gôave, the southern town where Lindor lived and worked, and where he was murdered six years ago.

“The Lindor murder was a national trauma and has waited too long to come to trial,” the press freedom organisation said. “The fact that the trial is taking place at all reflects a real political will to put an end to a scandalous level of impunity. Nonetheless, we think a case such as this needs to be handled better. The trial is good for justice in principle, but may not be good for the search for the truth.”

Reporters Without Borders added: “The six being tried in absentia will, by definition, be unable to answer for their actions before the court. While the four who are present could try to put the blame on the other six, although they could themselves end up taking the entire rap. Bearing in mind, too, that threats have been made against the prosecutor, who is also concerned about the outcome of the case, we think the conditions for a satisfactory trial have not been met.”

The 10 defendants are members of a local armed militia called Domi Nan Bwa (Sleep in the Bush) that was particularly active during Jean-Bertrand Aristide’s second presidential term. They were charged with this particularly barbaric murder in 2002 at the end of a judicial investigation that failed to clearly identify all those involved.

Of the four defendants who will be in court, three were arrested earlier this year after warrants were issued by Petit-Goâve state prosecutor Kébreau Zamor. They are Joubert Saint-Juste (arrested on 28 March and held at the national penitentiary in Port-au-Prince), Simon Cétoute (arrested on 24 October and held in Petit-Goâve) and Jean-Rémy Démosthène (arrested on 26 October and also held in Petit-Goâve).

The fourth man is Fritznel Doudoute, who was arrested on 28 December 2005 in nearby Miragôane and is now being held in Carrefour prison, outside Port-au-Prince.

The trial was originally scheduled to start on 3 December, the sixth anniversary of Lindor’s murder. When the postponement was announced, Zamor told Reporters Without Borders he was concerned about the infrastructural problems in Petit-Goâve and the difficulty of preparing for the trial in the time available. He also said he and his family had received death threats.