Showing posts with label impunity. Show all posts
Showing posts with label impunity. Show all posts

Tuesday, April 24, 2018

Notes on the Comisión Internacional contra la Impunidad en Guatemala



The Comisión Internacional contra la Impunidad en Guatemala (CICIG) was formed as an outgrowth of the peace accords that ended Guatemala's 36 year civil war. It was tasked with supporting the country's Ministerio Público & Policía Nacional Civil (PNC) in their investigations of illegal security groups and clandestine security structures with direct or indirect links to the state or ability to block judicial actions related to their illegal activities.

Since its inception, CICIG has had some stunning successes, incl arrests of a sitting president (Otto Pérez Molina), a former president (Álvaro Colom) a fmr VP (Roxana Baldetti) and targeting a former president (Álvaro Arzú) and a sitting president (Jimmy Morales) for their alleged roles in corruption.

I have been reporting on Guatemala for 15 years and I have been scathingly critical in my writing of parties of both the right (Partido Patriota, Frente Republicano Guatemalteco, Frente de Convergencia Nacional) and the left (Unidad Nacional de la Esperanza) and their roles in maintaining this system that is strangling the country. To anyone who has spent any time in Guatemala, it is clear that the cancer of corruption and impunity in not an ideological struggle but a phenomenon from which all political currents benefit and seek to maintain.

As the net closes in on Guatemala's political elite - especially sitting president Jimmy Morales, his family and his supporters - troll armies, many with links to online marketing businesses based in Guatemala City, have emerged.

The politicos and their troll farms are feverishly working around the clock to muddy the waters and drum up support for the expulsion of CICIG before their backers have to face justice for their crimes. The troll army follows a particular pattern including variations of the following:

1) Claim that they are "true" or "pure" Guatemalans (the language of the genocide that marked Guatemala's 1960-1996 civil war)

2) Claim that CICIG chief Iván Velásquez is linked to Colombia's FARC or the government of Venezuela's Nicolás Maduro, even though no evidence exists for this and CICIG arrested the country's first leftist president (Álvaro Colom) since Jacobo Árbenz was in office from 1951 to 1954, only to be overthrown by CIA-engineered coup.

3) The troll armies then seek to defame and slander members of Guatemala's civil society who have long battled against impunity & corruption, people like human rights activist Helen Mack Chang and  El Periódico publisher José Rubén Zamora

4)  The troll army then, usually fairly quickly, curdles into anti-semitic dog-whistles by blaming George Soros etc for the temerity of CICIG & the Ministerio Público to prosecute corrupt Guatemalan officials for their crimes.

Unfortunately, they have been so effective that some people I respect and other people of influence - Mary Anastasia O'Grady, Bill Browder, Mississippi Senator Roger Wicker, Florida Senator Marco Rubio, New Jesery Representative, Chris Smith & others - have (with the best intentions, I think) been swept up in the desperate fight for survival of Guatemala's corrupt political actors.

A closer look at recent events in Guatemala - such as the revelation of illicit campaign financing by the FCN of president Jimmy Morales - reveals a truer picture, that those who have feasted on the prostrate body of the Guatemalan nation and state for decades feel they are fighting for their very lives.

My advice to those seeking to weigh in on role of CICIG in Guatelama would be to look at the totality of CICIG's work there over the last decade and weigh it against the forces arrayed against it & what their motivations may be. The lives of 17 million Guatemalans, and their struggle to build a decent country depend on it.

Wednesday, February 17, 2016

The fêted and the dead in Haiti



The fêted and the dead in Haiti

By Michael Deibert

What took place in the Caribbean nation of Haiti this past weekend marks perhaps the regional nadir of diplomacy for the international community that helped bring it about, and perhaps the worst single day for the country’s fragile democracy since a 1991 coup derailed its first democratic government.

Following a dispute centered on alleged government-sponsored fraud in elections to find a successor to outgoing President Michel Martelly, the president’s mandate expired on 7 February and, after cutting a deal with parliament, he stepped down to clear the way for the selection of a provisional president tasked with forming a new electoral council and holding a new vote.

It was believed the Martelly, a former star of Haiti’s konpa music scene who went by the name of Sweet Micky, intended to appoint Jules Cantave, the chief of Haiti's Supreme Court, as his successor, even though the latter's mandate had expired late last year. The chief of the Supreme Court has traditionally been the head of interim governments during Haiti's often-fraught periods of transition, including in 1990-91 and 2004-2006.

Haiti's parliament, which has technical approval over the appointment and which itself was elected in August elections so full of violence and fraud they had to be cancelled in some municipalities, had other ideas, though. The senate - after announcing that candidates would have to pay $8,300 for the privilege of applying - selected its own president, Jocelerme Privert, to run the country until elections are held in April and a new president inaugurated in May.

Privert, currently affiliated with the INITE party of former president René Préval, has served as a senator since 2010. During his tenure in parliament, he has been praised by the international community as a flexible pragmatist willing to work out deals with various political factions and the international community. Before he entered parliament, though, Privert served from 2002 to 2004 as the Minister of Interior, in charge of internal security, for the second government of President Jean-Bertrand Aristide, who was overthrown in February of the latter year after an armed rebellion and massive street protests against his rule.

This is where things grow murky.

Between 2001 and 2004, I spent many days in the Cité Soleil slum of Haiti’s capital, Port-au-Prince, the largest such neighborhood in the Caribbean and then a stronghold of pro-Aristide armed groups, referred to in Haiti as chimere, after a mythical fire-breathing demon. Though Cité Soleil is far from just a gangland and the majority of its residents are hardworking people simply scrambling to survive, that the leaders of these irregular armed groups - whose existence violated Article 268 of Haiti’s constitution whereby the national police were the only body with the right to distribute and circulate weapons in the country - were in close contact with the Aristide government was beyond doubt. They were frequently hosted by Aristide at the National Palace (sometimes these meetings were even broadcast on state television) and they showed me what they said were the personal cell phone numbers of such individuals as Hermione Leonard, then police director for the department including Haiti’s capital, and of Privert himself, whom they witheringly referred to as Ti Jocelyn (Little Jocelyn), on their own mobile phones. I was not the only one to observe this. Similar groups existed throughout the country.

Privert and Aristide’s connections to these armed groups are relevant because, as the regime sputtered to its sanguinary dénouement in late 2003 and early 2004, these groups were among the state-allied actors who carried out a series of killings in the Haiti’s Artibonite region.

In late 2003 a rebellion against the government erupted in the northern city of Gonaïves after the killing of Amiot Métayer, the leader of a pro-Aristide gang in the city called the Cannibal Army. The gang blamed the crime on Aristide, swore revenge and set about fighting pitched battles with pro-government security forces [They would be joined be joined in a few weeks’ time by former members of Haiti’s disbanded army and others crossing over from the Dominican Republic).

During October 2003, while Privert was serving as Interior Minister, government security forces killed over 20 people during raids into the Cannibal Army’s stronghold in the slum of Raboteau, many of them uninvolved civilians including mother of five Michelet Lozier, Josline Michel and a month old baby girl.

These incidents, however, paled in comparison to what befell the resident of the northern town of  Saint-Marc four months later.

On 7 February 2004, an armed anti-Aristide group, the Rassemblement des militants conséquents de Saint-Marc (Ramicosm), based in the neighborhood of La Scierie, had attempted to drive government forces from the town, seizing the local police station, which they set on fire.

Two days later, the combined forces of the Police Nationale d'Haiti (PNH), the Unité de Sécurité de la Garde du Palais National (USGPN) -- a unit directly responsible for the president's personal security -- and a local paramilitary organization named Bale Wouze (Clean Sweep) retook much of the city. By 11 February, Bale Wouze - headed by a former parliamentary representative of Aristide's Fanmi Lavalas political party named Amanus Mayette - had commenced the battle to retake La Scierie. Often at Mayette's side was a government employee named Ronald Dauphin, known to residents as "Black Ronald," often garbed in a police uniform even though he was in no way officially employed by the police.

When the photojournalist Alex Smailes and I arrived in the town, we found the USGPN and Bale Wouze patrolling Saint-Marc as a single armed unit. Speaking to residents there -- amidst a surreal backdrop of burned buildings, the stench of human decay, drunken gang members threatening our lives with firearms and a terrified population -- we soon realized that something awful had happened in Saint-Marc.

According to multiple residents interviewed during that visit and a subsequent visit that I made to the town in June 2009, after government forces retook the town -- and after a press conference there by Yvon Neptune, at the time Aristide's Prime Minister and also the head of the Conseil Superieur de la Police Nationale d'Haiti -- a textbook series of war crimes took place.

Residents spoke of how Kenol St. Gilles, a carpenter with no political affiliation, was shot in each thigh, beaten unconscious by Bale Wouze members and thrown into a burning cement depot, where he died. Unarmed Ramicos member Leroy Joseph was decapitated, while Ramicosm second-in-command Nixon François was simply shot. In the ruins of the burned-out commissariat, Bale Wouze members gang raped a 21-year-old woman, while other residents were gunned down by police firing from a helicopter as they tried to flee over a nearby mountain. A local priest told me matter-of-factly at the time of Bale Wouze that "these people don't make arrests, they kill."

Nor were Alex and I the only journalists to document what was happening. The Miami Herald’s Marika Lynch wrote of how the town was “under a terrifying lockdown by the police and a gang of armed pro-Aristide civilians called Clean Sweep” and that “the two forces are so intertwined that when Clean Sweep's head of security walks by, Haitian police officers salute him and call him commandant.” Gary Marx of the Chicago Tribune wrote of how “residents also saw piles of corpses burning in an opposition neighborhood and watched as pro-Aristide forces fired at people scurrying up a hillside to flee.”

According to a member of a Human Rights Watch delegation that visited Saint-Marc a month after the killings, at least 27 people were murdered there between 11 February and Aristide's flight into exile at the end of the month. Her conclusion was supported by the research of the Réseau National de Défense des Droits Humains (RNDDH), a Haitian human rights organization. Survivors of the massacre and relatives of the victims formed a solidarity organization, the Association des Victimes du Génocide de la Scierie (AVIGES).

Following Aristide's overthrow, several members of Bale Wouze were lynched, while Privert and Neptune turned themselves over to the interim government that ruled Haiti from March 2004 until the inauguration of René Préval in May 2006.

Held in prison without trial until their 2006 release, a May 2008 decision by the Inter-American Court of Human Rights found the Haitian state had violated the American Convention on Human Rights in the detentions, though stressed that it was "not a criminal court in which the criminal responsibility of an individual can be examined."  Weighing in on the release of Neptune and Privert releases, Human Rights Watch noted that “the La Scierie case was never fully investigated and the atrocities that the two men allegedly committed remain unpunished.”

Days later, after being jailed for three years without trial, Amanus Mayette was also freed from prison. Haiti’s RNDDH denounced the release as “arbitrary” and a move that would “strengthen corruption” and “allow the executioners of La Scierie to enjoy impunity.” Arrested in 2004, Ronald Dauphin subsequently escaped from jail, was re-arrested during the course of an anti-kidnapping raid in Haiti's capital in July 2006 and fled prison again after Haiti’s 2010 earthquake destroyed the jail. Despite several chaotic public hearings, to date, none of the accused for the killings in La Scierie has ever gone to trial.

Frustratingly for the people of Saint-Marc, far from being supported in their calls for justice, the events they experienced have become a political football among international political actors.

The United Nations independent expert on human rights in Haiti, Louis Joinet - who visited the site of the killings only briefly - in a 2005 statement dismissed allegations of a massacre and described what occurred as "a clash", a characterization that seemed unaware of the fact that not all among those victimized had any affiliation with Haiti's political opposition. Thierry Fagart, then the head of the UN Human Rights Commission in Haiti, while getting many of the details of the timeline of the violence wrong, also made similar claims. RNDDH referred to the attitude of the international community to the case as “a scandal”

In a heart-rending June 2007 letter to Louis Joinet, AVIGES coordinator Charliénor Thomson asked the judge "who cares about our case?" before going on to recount some of the horrors that had been visited upon Saint-Marc in February 2004 and continuing

The victims of these horrors live under the constant threat of criminals who were all released under pressure, in particular, from some agencies of international civil society...Today, what justice should we expect? Who can testify freely while the assassins are free and can circulate with impunity? The majority of inhabitants in Saint-Marc are afraid. Even those who have been direct victims of acts mentioned above are scared. The victims want to flee the city and the witnesses to hide...When will we enjoy the benefits of justice we claim? In the current circumstances, what form does it come?

As the citizens of Saint-Marc fought their uphill battle for justice, rather than supported, they were actively undermined by some in the international community, especially, perhaps not surprisingly, those so-called human rights organizations with deep financial and personal links to the Aristide regime. The U.S.-based Institute for Justice and Democracy in Haiti (IJDH), for example, wrote fawningly of Black Ronald as “a Haitian grassroots activist, customs worker and political prisoner,” and talked of the work of Mario Joseph of the Bureau des Avocats Internationaux (BAI), IJDH’s partner organization in Haiti, as Ronald’s attorney in a “legal analysis” of the case made available to supporters. Ira Kurzban, one of the IJDH’s founders and former head of its board of directors, serves as Aristide’s personal attorney in the United States, while the BAI’s Mario Joseph serves as one of a coterie of attorneys in Haiti defending the former president from various investigations related to his time in office. The people of La Scierie unfortunately have never had such deep-pocketed champions. All they ever asked for was a trial, but perhaps they will never get one.

The question now remains, having ascended to the highest office of the land, what is exactly the game Privert is playing? At his inauguration, which was attended by the foreign diplomatic corps, as well as Aristide’s wife, Mildred, and Maryse Narcisse, the presidential candidate for Aristide’s party (who officially came in fourth in the disputed results), Privert spoke of “dialogue.” and “reconciliation” as the way out of Haiti’s political crisis. Privert’s assumption of the presidency was loudly praised by the United Nations, the so-called Core Group (Brazil, Canada, France, Spain, the US, the European Union and the Organization of American States) and, individually, by the ambassadors of the United State and France. One group of opposition politicians, on the other hand, known as the G8, denounced the process as a “parliamentary coup.”

To be sure, Martelly was no angel. He surrounded himself with a coterie of highly suspect individuals who were serially accused of everything from drug trafficking to murder, and was often gruff and confrontational with his critics.  But the elections, compromised as they may have been, were cancelled only under the threat of violence with apparently little thought as to what would come next.

The scenario that is being painted by some Haitian politicians now - the exclusion of Jovenel Moïse, the candidate of Martelly's Parti Haïtien Tèt Kale from the second round of presidential elections - is one that would disenfranchise thousands of voters and undoubtedly only lead to further conflict.

The policy of the international community, and especially that of the United States, over the last few years in Haiti, as much as any policy at all can be discerned, appears to be to mutely accept any excess of depredation all the while bankrolling a process doomed to fail. Rule by decree? No problem. Summarily replace over 140 mayors with people loyal to a party apparatus? Fine with us. Have a man accused of involvement in gross human rights abuses extra-constitutionally assume the presidency and oversee new elections? Tout bagay anfom.

All those years ago, RNDDH called the attitude of the international community towards the killings that took place in La Scierie a scandal. It continues to be so, as it continues to be a symbol of the hardcore of impunity that no elections in Haiti have ever seemed able to vanquish. It is a system that allows journalists, human rights workers, priests and politicians to be killed and the intellectual authors of the crimes to never even be tried, let alone convicted. Neither the UN mission, the US Embassy or any other foreign presence in the country seems to care much about the killings of a bunch of poor nobodies more than a decade ago. And so they stand and applaud, each clap pushing a chance for justice - whatever that might look like - ever farther away.

At a reception at the National Palace for Privert’s investiture, where Lavalas die-hards swilled champagne, one such activist crowed to a Reuters journalist that “Lavalas and Aristide are back in the palace. We are back in power and we won’t let it go.”

Amid the diplomatic pomp and popping champagne corks, one thinks of the dead of La Scierie, still turning in their unquiet graves.

Wednesday, April 02, 2014

Haiti: In the Kingdom of Impunity


Haiti: In the Kingdom of Impunity 

By Michael Deibert

There are many striking sights to be seen in Haiti today. In the north of the country, where over 200 years ago a revolt of slaves began that would eventually topple French rule, a 45-minute journey on a smooth road traverses the distance between the border with the Dominican Republic and Haiti's second largest city, Cap-Haïtien, replacing what used to be a multi-hour ordeal. From Cap-Haïtien itself, a city buzzing with economic activity, travel to Port-au-Prince, the nation's capital, could previously be a 10-hour odyssey, but is now accomplished in around 5 hours via a comfortable air-conditioned bus. Once the traveler arrives in Port-au-Prince itself - a city which, along with its environs, was largely devastated by a January 2010 earthquake - one finds, startlingly, functioning traffic lights, street lights powered by solar panels and armies of apron-clad workers diligently sweeping the sidewalks and gutters of what has historically been the filthy fiefdom of Haiti's myriad of warring political factions. To the south, in the colonial city of Jacmel, which sheltered the South American revolutionary Simón Bolívar at a critical time during his struggle to break South America free from the yoke of Spain, one of the most pleasant malecóns in the Caribbean has been built, facing the tumbling sea and mountains sloping dramatically in the distance.

But perhaps no scene in the new Haiti - governed since May 2011 by President Michel Martelly, now assisted by Prime Minister Laurent Lamothe, a former telecommunications mogul - was as striking as that which occurred in the northern city of Gonaives on January 1st of this year. There, at annual ceremony marking Haiti's independence, President Martelly, who in a previous incarnation was known as Sweet Micky and was perhaps the best-known purveyor of Haiti's sinuous konpa music, greeted on the official dais none other than Jean-Claude Duavlier, who ruled Haiti as a dictator from 1971 until 1986, and fled the country amid pillaging of the state and gross human rights abuses.

"Despite everything that has happened in the last 30 years, it is as if they want us to return to the situation that existed before February 7, 1986," says Laënnec Hurbon, Haiti's most well-known sociologist, referring to the date of Duvalier's departure.

Duvalier had taken over from his dictator-father, François Duvalier, a psychopath who lorded over a terrifying police state since 1957, and had created the infamous Tontons Macoutes, denim-clad paramilitary henchmen.

The younger Duvalier was only 19 when he ascended to office, but he grew into the role soon enough. In a speech in October 1977 - the 20th anniversary of his father's assumption of the presidency - the 24 year-old Jean-Claude Duvalier gave a speech in which he heralded the advent of "Jean-Claudism," supposedly a liberalizing trend in Duvalierism that would foster economic development. The near-fatal beating of a prominent government critic, Pastor Luc Nerée, only weeks later gave a flavour for how limited that liberalization would be. Fort Dimanche, a Port-au-Prince prison, during the Duvaliers' reign became known as the Dungeon of Death for the thousands of government opponents and other unfortunate souls who perished there.

In a landmark decision last month, a Haitian court ruled that Duvalier could be tried for crimes against humanity and for abuses committed by security forces during his rule, but deferred a decision as to whether he could be tried on various corruption charges.

"The Duvalier decision is a little victory against impunity and corruption," says Pierre Espérance, director of the Réseau National de Défense des Droits Humains (RNDDH), Haiti's most well-known human rights organization. "But we still have a lot of work to do."

Along with several other organizations, RNDDH is a member of the Collectif contre l'impunité, a coalition of groups advocating for legal action against Duvalier.

Duvalier is far from the only Haitian politician with a trial potentially in his future. The former boy dictator, now grown gray and sallow in old age, returned to Haiti in January 2011 in the midst of the contentious vote that saw Martelly elected. He was followed by another former president, and arch-rival, Jean-Bertrand Aristide.

During his 2001 to 2004 second turn in office and immediately preceding it, Aristide was accused of, among other misdeeds, arming and organizing paramilitary youth groups known as chimeres, presiding over brutal collective reprisals by his security forces against the rebellious city of Gonaives, and a ghastly massacre in the town of Saint-Marc in February 2004, the latter killings by a combination of police, security personnel from Aristide's National Palace and allied street gangs having claimed at least 27 lives. In recent testimony presented in a Haitian court, Aristide was also accused of orchestrating the April 2000 murder of Jean Dominique, the country's most well-known journalist. Two separate bodies - the Unite Centrale de Renseignements Financiers (UCREF) and the Commission d'Enquete Administrative - that examined financial irregularities from Aristide's time as Haiti's president found that "Aristide's government illegally pumped at least $21 million of his country's meager public funds into private firms that existed only on paper and into his charities."

Nor can those tasked with checking the power of the executive branch be viewed with great confidence, with Haiti's legislative branch of government often resembling a prison more than a parliament.

Two members of Haiti's lower house of parliament, the Chamber of Deputies, Rodriguez Séjour and  N'Zounaya Bellange Jean-Baptiste (who as parliamentarians enjoy immunity from prosecution), have been credibly accused of involvement of the April 2012 murder of Haitian police officer Walky Calixte, but both men remain free with apparent little fear of trial or even arrest. In the slain policeman's Port-au-Prince neighborhood of Carrefour, mournful graffiti still reads Adieu, Walky. Another deputy, fierce Martelly critic Arnel Belizaire, is alleged by the government to have managed to get himself elected despite the fact that he was a fugitive who had broken out of jail a few years before [What is beyond debate is that Belizaire is prone to bouts of physical violence in the parliament itself].

One of President Martelly's chief advisors, Calixte Valentin, was identified as being responsible for the killing of a merchant named Octanol Dérissaint in the town of Fonds-Parisien, near the border with the Dominican Republic, in April 2012. Valentin was never tried for the crime and remains a free man to this day.

It is amid such a discordant background - foreign investment flooding into the country as never before in terms of tourist initiatives and industrial parks even as Haiti's politic milieu remains deeply dysfunctional - that long-delayed legislative elections for two-thirds of the country's senate, the entire chamber of deputies, and local and municipal officials such as mayors are scheduled to take place in October. Several political parties have not as-yet signed on to the electoral plan.

"There are a few parties who chose not to participate, but it was an open process," says Carl Alexandre, Deputy Special Representative of the Secretary-General in the United Nations peacekeeping mission in Haiti, known by its acronym MINUSTAH. "It is our hope that those who didn't participate initially will want to join as the process unfolds, because the alternative is unthinkable. If the elections are not held this year, in January there will not be a functioning parliament. There will be no one there."

[The UN mission in Haiti has had its own issues with impunity. A cholera epidemic, all-but-certainly introduced by Nepalese peacekeepers, has killed over 8,000 people in the country, but the UN has claimed immunity from any damages.]

Around the country, the Martelly-Lamothe government seems to remain broadly popular, with one moto taxi driver plying Port-au-Prince's dusty Route de Freres telling me "they are working well for Haiti," a sentiment I heard often in my travels around the country. This despite the fact that  - from the crowds in Gonaives chanting "Martelly for 50 years!" to the huge billboards around the country bearing Martelly's image (in violation of Article 7 of Haiti's constitution, which bans "effigies and names of living personages" from "currency, stamps, seals, public buildings, streets or works of art") -  the government seems to have by no means entirely abandoned the realpolitik of Haiti's past. As they once did for Aristide, graffiti slogans around Port-au-Prince laud the bèl ekip (beautiful team) of Martelly-Lamothe.

Haiti's economy is indeed moving - even roaring - forward, but the old need for a mechanism for crime and punishment of the country's powerful keeps knocking on Haiti's door, unbidden, perhaps unwanted, but there nonetheless. In a marriage of impunity and economy, perhaps the echoes of Jean-Claudism do not appear so distant after all.

"We are talking about the situation of impunity that has been the rule since François Duvalier came to power in 1957, and something has to be done to stop that," says Sylvie Bajeux, director of the Centre Œcuménique des droits humains (CEDH), who also served as one of the officials who investigated Aristide's alleged financial misdeeds. Like RNDDH, the CEDH is a member of the Collectif contre l'impunité. "If we don't, we are going nowhere, we cannot talk about reconstruction."

"Jean-Claude Duvalier's case has become the symbol for the need to put an end to impunity," Bajeux  says. "He's being charged with monstrous deeds. So what is going to happen? What happens with Duvalier's case is something that will affect the whole future of this country, one way or another."

Michael Deibert is the author of In the Shadow of Saint Death: The Gulf Cartel and the Price of America's Drug War in Mexico (Lyons Press, 2014), The Democratic Republic of Congo: Between Hope and Despair (Zed Books, 2013) and Notes from the Last Testament: The Struggle for Haiti (Seven Stories Press, 2005).