Eight years of inexplicable impunity in the murder of Jean Dominique

2 April 2008

Eight years of inexplicable impunity in the murder of Jean Dominique

Reporters sans frontières

(Read the original article here)

On the eve of the eighth anniversary of radio Haïti Inter director Jean Dominique’s murder, Reporters Without Borders today said it was baffled by the failure to render justice in this case, especially as the existence of a clear political and judicial will to combat impunity in the past two years has resulted in convictions in two other cases of murders of journalists.

Dominique and Haïti Inter’s caretaker, Jean-Claude Louissaint, were gunned down in the courtyard of the station on 3 April 2000.

“In the course of 2007, there were two convictions in the case of Brignol Lindor, the Radio Echo 2000 journalist who was murdered in Petit-Goâve in 2001, and one conviction in the case of Jacques Roche, the editor of the cultural section of the daily Le Matin, who was kidnapped and murdered in Port-au-Prince in 2005,” Reporters Without Borders said.

“At the same time, investigations into more recent cases led to quick arrests,” the press freedom organisation continued. “And on 10 August 2007, President René Préval, a friend of Dominique’s, installed an Independent Commission to Support Investigations into Murders of Journalists (CIAPEAJ) in the presence of his widow, Michèle Montas. The political and judicial will is there, and we now have proof that impunity is not inevitable.”

The organisation added: “This makes it all the harder to explain why the Dominique case is alone in going nowhere, eight years after his murder. Political factors may have had an impact but they offer no justification for the failure to ever solve this case.”

The investigation into the murder of Dominique and Louissaint concluded on 21 March 2003. It resulted in six men being charged and arrested: Dymsley “Ti Lou” Milien, Jeudi “Guimy” Jean-Daniel, Philippe Markington, Ralph Léger, Freud Junior Demarattes and Ralph Joseph. The charges against the last three were dismissed on 4 August 2003, after they appealed against the indictment.

Ti Lou, Guimy and Markington managed to escape during a prison mutiny in February 2005. Markington fled to Argentina, from where he contacted Reporters Without Borders to insist on his innocence. Ti Lou and Guimy went back to being gang leaders in the Port-au-Prince neighbourhood of Martissant. Ti Lou is now dead.

Former Port-au-Prince deputy mayor Harold Sévère (now in self-imposed exile) and Ostide “Douze” Pétion were arrested on 14 March 2004 as the suspected instigators of the murder. Annette Auguste, who was already being held in connection with other criminal activity, was also accused of involvement on 10 May 2005.

But none of these three has ever been interrogated. There has never been any attempt to verify presumed hit-man Ti Lou’s statement that he was paid 10,000 dollars to murder Dominique. And the death of two witnesses in suspicious circumstances has never been explained.

The supreme court ordered the case reopened on 29 June 2004. But it took nearly a year for a new investigating judge to be appointed, on 3 April 2005, exactly five years after the murder, and the new judge has not had access to the files and has not been given the necessary resources. In all, six judges have been in charge of the investigation, one after another.

The case suffered another setback on 4 April 2007 with the murder of Robert Lecorps, a businessman who was also suspected of involvement in Dominique’s murder. Police superintendent Daniel Ulysse, who was head of the judicial police at the time of Dominique’s murder, was arrested on 10 December 2007 on suspicion of having obstructed the investigation. But the police took nearly a month to execute the warrant for his arrest that was issued by judge Fritzner Fils-Aimé, now in charge of the case.

It has never been possible to corroborate the statements of former senator Dany Toussaint, who has often been cited as a suspect in the case. And since the start of this year, Judge Fils-Aimé has been trying to obtain a statement from senate vice-president Rudolph Boulos, the owner of the pharmaceutical company Pharval.

Shortly before his murder, Dominique spoke on the air about Afébril, a contaminated cough mixture produced and distributed by Pharval that allegedly caused the death of about 100 children in 1996. The CIAPEAJ, the commission created by President Préval, wrote to the senate president on 17 February calling for Senator Boulos to respond to the summonses issued by Fils-Aimé. In a reply one week later, Boulos refused on the grounds of “parliamentary immunity.”

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.

Two men get life for Jacques Roche murder

Haiti | 31.08.2007

Two men get life for Jacques Roche murder in sign of justice finally moving into action

Reporters sans frontières

(Read the original here)

Reporters Without Borders welcomes the life sentences which a Port-au-Prince court yesterday passed on two men, Alby Joseph and Chéry Beaubrun, for the abduction and murder of Jacques Roche, the head of the Le Matin newspaper’s arts and culture pages. Roche was kidnapped on 10 July 2005 and was found dead four days later.

Joseph, 22, a gang member based in the Port-au-Prince slum district of Solino, was found guilty of killing Roche. Beaubrun was found guilty of receiving money to guard him while he was held hostage. They were sentenced to forced labour for life under a May 2005 decree.

Their conviction came 20 days after an independent commission to support investigations into murders of journalists was created on the initiative of President René Préval and SOS Journalistes, an NGO. The commission was installed in the presence of UN secretary-general Ban Ki-Moon’s spokesperson, Michèle Montas, who is the widow of Jean Dominique, a radio journalists murdered in April 2000. Dominique’s killers have not been caught.

“We are relieved that justice has finally been rendered in the Roche case,” Reporters Without Borders said. “This conviction and the creation of the commission on 10 August are positive signs of a desire by the political and judicial authorities to start combatting impunity. The other participants in Roche’s abduction who are still at large must also be brought to trial.”

An arts and culture columnist and Creole-language poet, Roche was abducted as he was driving through the Nazon district of Port-au-Prince. Despite intense negotiations with the family, in which the kidnappers demanded a ransom of 250,000 dollars, his handcuffed body was finally found four days later, bearing the marks of torture and bullet wounds.

Joseph named three other persons, former Solino gang boss François “Bibi” Daniel, Dérosiers “Tiyabout” Becker and someone identified only as “Gaetan” as accomplices to Roche’s abduction and murder. All three are currently detained for possession of firearms.

Gérard Jean Juste, a Catholic priest and close political ally of former President Jean-Bertrand Aristide, was also a suspect. He was arrested on 22 July 2005 but was eventually released for health reasons and was allowed to travel to the United States to receive treatment. He returned to Haiti at the start of this month. Several other suspects were arrested in August 2005 but have not yet been tried.