Haiti’s Aristide should be greeted with prosecution, not praise

Haiti’s Aristide should be greeted with prosecution, not praise

By Michael Deibert

The indictment late last year by the International Criminal Court (ICC) of six prominent Kenyans for their roles in violence following that country’s disputed 2007 elections was a welcome sign for those seeking to hold politicians accountable for their crimes. Though the ICC has badly bungled what should have been its showpiece case - against the ruthless Congolese militia leader Thomas Lubanga - the Kenya indictments nevertheless represented a welcome extension of its continuing mission.

To those of us who have seen Haiti’s political convulsions first-hand over the years, that Caribbean nation makes a compelling case for attention by the ICC as perpetrators of human rights abuses often go unpunished or are even rehabilitated in subsequent governments. With one despotic former ruler (Jean-Claude Duvalier) having recently returned and another (Jean-Bertrand Aristide) announcing his intention to do so, one Haitian case, in particular, would seem tailor-made for the ICC’s attention.

In February 2004, in the midst of a chaotic rebellion against Mr. Aristide's government, the photojournalist Alex Smailes and I found ourselves in the central Haitian city of Saint Marc, at the time the last barrier between Aristide and a motley collection of once-loyal street gangs and former soldiers who were sweeping down from the country's north seeking to oust him.

Several days earlier, on 7 February, an armed anti-Aristide group, the Rassemblement des militants conséquents de Saint Marc (Ramicos), 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.

On 9 February, the combined forces of the Police Nationale de 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 organisation named Bale Wouze (Clean Sweep) retook much of the city. By 11 February, a few days before our arrival, 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 Alex 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 Ramicos 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."

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 Feb. 11 and Aristide’s flight into exile at the end of the month. Her conclusion supported by the research of the Réseau National de Défense des Droits Humains, a Haitian human rights organization.

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

Held in prison without trial until his May 2006 release on humanitarian grounds, 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 its detention of Neptune, though stressed that it was "not a criminal court in which the criminal responsibility of an individual can be examined.” Neptune ran unsuccessfully for president in Haiti’s recent elections.

After being jailed for three years without trial, Amanus Mayette was freed from prison in April 2007. Arrested in 2004, Ronald Dauphin subsequently escaped from jail, and was re-arrested during the course of an anti-kidnapping raid in Haiti's capital in July 2006. Despite several chaotic public hearings, to date, none of the accused for the killings in La Scierie has ever gone to trial. At the time of writing, Mr. Aristide himself continues to enjoy a gilded exile in South Africa, his luxurious lifestyle and protection package bankrolled by South African taxpayers.

Frustratingly for the people of St. 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, 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.

The Institute for Justice and Democracy (IJDH), a U.S.-based organization, has lauded Mr. Dauphin as “a Haitian grassroots activist.” The IJDH itself maintains close links with Mr. Aristide’s U.S. attorney, Ira Kurzban, who is listed as one of the group’s founders, serves on the chairman of board of directors and whose law firm, according to U.S. Department of Justice filings, earned nearly $5 million for its lobbying work alone representing the Aristide government during the era of its worst excesses. By comparison, the firm of former U.S. congressmen Ron Dellums received the relatively modest sum of $989,323 over the same period.

When I returned to St. Marc in June of 2009, I found its residents still wondering when someone would be held accountable for the terrible crimes they had been subjected to. Amazil Jean-Baptiste, the mother of Kenol St. Gilles, said simply "I just want justice for my son.” A local victim’s rights group of survivors of the pogrom, the Association des Victimes du Génocide de la Scierie (AVIGES), formed to help advocate on residents’ behalf, but have had precious little success in what passes for Haiti’s justice system, broken and dysfunctional long before January 2010's devastating earthquake.

Though Mr. Aristide remains something of a fading star for a handful of commentators outside of Haiti- most of whom have not spent significant time in the country, cannot speak its language and have never bothered to sit down with the victims of the Aristide government's crimes there - to those of us who have seen a bit of its recent history firsthand, the words of veteran Trinidadian diplomat Reginald Dumas - a man who does know Haiti - seem apt, that Mr. Aristide "[acquired] for himself a reputation at home which did not match the great respect with which he was held abroad.''

The ICC has sometimes been criticized for acting as if war crimes and crimes against humanity are simply African problems, taking place in distant lands. The people of St. Marc, only a 90 minute flight from Miami, know differently. As Mr. Aristide currently loudly voices his desire to return to Haiti from his exile in South Africa, doubtlessly transiting several ICC signatory countries (including South Africa itself) in the process, the case of the victims of St. Marc is one admirably deserving of the ICC’s attention.


Michael Deibert is a Visiting Fellow at the Centre for Peace and Reconciliation Studies at Coventry University and the author of Notes from the Last Testament: The Struggle for Haiti (Seven Stories Press). He has been visiting and writing about Haiti since 1997.

Photo © Michael Deibert

HAITI: "We Have Never Had Justice"

HAITI: "We Have Never Had Justice"

By Michael Deibert

Inter Press Service

(Read the original article here)

ST. MARC, Jul 21, 2009 (IPS) - Amazil Jean-Baptiste remembers when they came to kill her son.

"They killed my boy and burned my boy," says Jean-Baptiste, a careworn 49-year-old who lives in a dilapidated structure without running water in this bustling port town 80 kilometres north of Haiti's capital, Port-au-Prince. "And I am still suffering."

It was February 2004, and Haiti was in the midst of a chaotic rebellion against the government of President Jean-Bertrand Aristide. North of St. Marc, a formerly loyal street gang known as the Cannibal Army had risen up against the president and, joined by former members of the country's disbanded army, proceeded to overrun police barracks and seize control of towns throughout northern Haiti.

On Feb. 7, a lightly-armed anti-Aristide group, the Rassemblement des militants conséquents de Saint-Marc (Ramicos), based in the neighbourhood of La Scierie where Amazil Jean-Baptiste lived, took advantage of the chaos to drive government forces from the town, seizing the local police station, which they then set on fire.

Two days later, the combined forces of the Police Nationale de Haiti (PNH), the Unité de Sécurité de la Garde du Palais National (USGPN) and a local paramilitary organisation named Bale Wouze ("Clean Sweep") retook much of the city. By Feb. 11, Bale Wouze - headed by a former parliamentary representative of Aristide's Fanmi Lavalas political party named Amanus Mayette- had commenced the battle to retake the La Scierie.

What would follow would raise questions about Haiti's ability to give justice to victims and punish the guilty that persist to this day.

As Amazil Jean-Baptiste returned home, she found her son, Kenol St. Gilles, a 23-year-old carpenter with no political affiliation, groaning with a bullet in each thigh. Taking him to the home of a local pastor for aid, she watched as seven armed men, including three dressed in police uniforms, accused St. Gilles of being a Ramicos militant who had shot at them. He was dragged from the house, beaten unconscious and thrown into a burning cement depot, where he died.

Residents of the town tell of other crimes - the decapitation of unarmed Ramicos member Leroy Joseph, the killing of Ramicos second-in-command Nixon François, the gang rape by Bale Wouze members of a 21-year-old woman in the ruins of the burned-out commissariat - that were allegedly committed during or immediately following the recapture of St. Marc by pro-Aristide forces.

Witnesses recount how several people were slain and tossed into the burning remnants of the Ramicos headquarters, while still others were gunned down by police firing from a helicopter as they tried to flee over a nearby mountain, Morne Calvaire.

"They came here and they massacred people," says resident Marc Ariel Narcisse, 44. "A grenade thrown into my mother's house exploded, and the house caught fire. My cousin, Bob Narcisse, was killed there."

Following those dark days, the victims of the St. Marc killings formed the Association des Victimes du Génocide de la Scierie (AVIGES) to advocate on their behalf. But their struggle has exposed the highly politicised and often unresponsive nature of justice in Haiti, a country struggling to build democratic institutions after decades of dictatorship.

Links between armed pressure groups and the spheres of official power have long been a fact of political life here.

Faustin Soulouque, who crowned himself emperor of Haiti in 1852, was supported by groups of impoverished partisans called zinglins, while the Duvalier family dictatorship that ruled from 1957 until 1986 utilised the Tontons Macoutes, a murderous paramilitary band named after a traditional Haitian boogeyman.

The government of Aristide, who returned to office in 2001 after ruling the country for two periods in the 1990s, allied itself with his own armed partisans, often referred to as chimere after a mythical fire-breathing demon.

Of these latter groups, Bale Wouze had a reputation as one of the fiercest, and, by February 2004, its links with Haiti's National Palace were largely indisputable, especially given the presence in St. Marc of the USGPN, a unit directly responsible for the president's personal security.

On Feb. 9, as St. Marc was retaken by government forces, and as security forces and Bale Wouze members patrolled its streets together, Aristide's prime minister, Yvon Neptune, also serving as the head of the Conseil Superieur de la Police Nationale d'Haiti, flew into the city, giving a press conference during which he stated that "the national police force alone cannot re-establish order".

Witnesses in La Scierie describe how one of Bale Wouze's leading members, a government employee named Ronald Dauphin, known to residents as "Black Ronald", patrolled St. Marc in a police uniform, even though he was in no way affiliated with the police.

When the author of this article visited St. Marc in February 2004, shortly after Bale Wouze's raid into La Scierie, he interviewed USGPN personnel and Bale Wouze members patrolling the city as a single armed unit in tandem the PNH. A local priest told IPS matter-of-factly at the time of Bale Wouze that, "These people don't make arrests, they kill."

Interviewed by the Miami Herald in St. Marc in February 2004, Amanus Mayette was surrounded by Bale Wouze members and proclaimed his affiliation with the organisation.

"Amanus Mayette, Black Ronald, Somoza, these people killed my son," Amazil Jean-Baptiste explains in a trembling voice, listing the names of some of those who she says took part in her son's slaying.

Following Aristide's overthrow later that month, several members of Bale Wouze were lynched as they tried to flee St. Marc, while Yvon Neptune turned himself over to the interim government that ruled Haiti from March 2004 until the inauguration of President René Préval in May 2006.

Held in prison without trial until his May 2006 release on humanitarian grounds, a May 2008 decision by the Inter-American Court of Human Rights found the Haitian state had violated 11 separate provisions of the American Convention on Human Rights in its detention of Neptune, though stressing that it was "not a criminal court in which the criminal responsibility of an individual can be examined".

After being jailed for three years without trial, former Bale Wouze leader Amanus Mayette was freed from prison in April 2007. Arrested in 2004, Ronald Dauphin subsequently escaped from jail, and was re-arrested during the course of an anti-kidnapping raid in Haiti's capital in July 2006. Despite several chaotic public hearings, to date, none of the accused for the killings in La Scierie has ever gone to trial.

"In our system, the criminal becomes a victim because the system doesn't work," laments Pierre Espérance, director of the Réseau National de Défense des Droits Humains (RNDDH), which has pushed for criminal prosecutions in the La Scierie case.

Espérance himself survived a 1999 assassination attempt for which no one was ever prosecuted.

"But historically, the authorities here are so involved in corruption and human rights violations they feel very comfortable with impunity," he says.

According to RNDDH figures, nearly 81 percent of Haiti's prisoners are waiting for their cases to be heard before a judge, a situation that some hope may be improved by the re-opening of Haiti's school for magistrates, which recently renewed activities after being shuttered for many years.

Frustratingly for the people of St. Marc, however, the events of February 2004 have become a political football among Haiti's various political actors.

The United Nations independent expert on human rights in Haiti, Louis Joinet, in a 2005 statement dismissed allegations of a massacre and described what occurred as "a clash", a characterisation that seemed unaware of the fact that not all among those victimised had any affiliation with Haiti's political opposition.

Conversely, a member of a Human Rights Watch delegation that visited St. Marc a month after the killings concluded that at least 27 people had been murdered by pro-government forces between Feb. 11 and Aristide's flight into exile.

Their claims are treated with shrugging indifference by the Préval government and the United Nations, and the people of La Scierie appear to be resigned that their struggle for justice will be a long, though hopefully not fruitless, one.

"We need justice, we demand justice, because we have never had justice," says Amazil Jean-Baptiste, as another member of AVIGES stands nearby, wearing a t-shirt reading 'We won't forget 11 February 2004' in Haiti's native Kreyol language.

"I just want justice for my son," she says.