FOR IMMEDIATE RELEASE

Human Rights Lawyers File Petition Against President Martelly’s Pick for Prime Minister

Port-au-Prince, July 13, 2011 -  On Monday, the Bureau des Avocats Internationaux (BAI) submitted a petition before the Haitian parliament for the High Court of Justice to indict and try President Michel Martelly’s nominee for Prime Minister, Bernard Gousse, for the crimes committed during his tenure as Justice Minister under Haiti’s 2004–2006 de facto regime.

Prime Minister Gerard Latortue’s dictatorship following the 2004 coup d’état murdered thousands and illegally detained hundreds of political dissidents. Mr. Gousse served as the architect of the campaign of political repression, whose victims included Catholic priest and political activist, Father Gerard Jean-Juste. When Judge Jean-Sénat Fleury threw out the false charges against Father Jean-Juste, Mr. Gousse forced Judge Fleury off the bench, flagrantly disrespecting Haiti’s separation of powers.

The BAI is requesting the Senate to seize the High Court of Justice on the assassinations committed by Prime Minister Gerard Latortue’s regime including those of:  Abdias Jean, a journalist, who was killed in a slum called the “Village of God” on January 14, 2005; Ederson Joseph, a school child, who was killed by a hooded police officer in the yard of his home on Rue Estimé at Fort National on January 17, 2005; and Jimmy Charles, an employee of the state-operated telecommunications company, Teleco, and member of Fanmi Lavalas, whose family found his body in the morgue of the General Hospital on January 13, 2005, 8 days after he was illegally arrested and taken to a holding cell in Antigang.

On January 25, 2005, the families of these victims filed a complaint with the prosecutor of Port-au-Prince against Prime Minister Gerard Latortue, Minister of Justice and Public Security Bernard Gousse, Secretary of State of Public Security David Bazile, Director-General of the Haitian National Police (HNP) Leon Charles, Director of the West Department of the HNP Renan Etienne, and the police officers who committed these crimes. Each of these state agents was either an orchestrator of or active participant in the assassinations of Abdias Jean, Edson Joseph, and Jimmy Charles.

On January 24, 2006, the Institute for Justice & Democracy in Haiti and BAI filed a petition before the Inter-American Commission of Human Rights on behalf of Jimmy Charles against the Republic of Haiti.  On April 18, 2006, the Commission directed the Government of Haiti to provide its response within two months.  The Haitian government never responded.

Prime Minister Latortue and Justice Minister Gousse, as members of the Superior Council of the National Police (CSPN), lead a repressive force that systematically violated the human rights of the Haitian people. During Latortue’s regime, the judiciary failed in its principle mission to provide justice to victims of crimes and posed one of the greatest impediments to building the rule of law in Haiti. Instead of enforcing the law, it served as one of the institutions principally responsible for creating impunity, insecurity and instability in the country.

For these reasons, the BAI submitted a petition before the Senate and the Chamber of Deputies to seize the High Court of Justice on the matter of these murders and indict and try Gerard Latortue, Bernard Gousse, David Bazile and their accomplices for their role in these crimes, in accordance with articles 185–190 of the Haitian Constitution of 1987.

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Down­load the press release: Press Release — Bernard Gousse

Kreyol

Les Organ­i­sa­tions des droits humains se réjouis­sent de la demande d’établir une Com­mis­sion de vérité pour ren­forcer les pour­suites con­tre l’ex dic­ta­teur Jean-Claude Duvalier

Pòtoprens, Lendi 11 Jivè 2011 — Biwo Avoka entènasyonal yo (BAI) ap raple pou pèp ayisyen ke nan dat 25 Janvye 2005, fanmi viktim sa yo : Abdias JEAN, jounalis yo te asasine nan katye popilè yo rele « Vilaj de Dieu », nan dat 14 Janvye 2005 ; Ederson JOSEPH, yon elèv lekòl Nasyonal Colbert Lochard, yon kòmando polisye ki te abiye an nwa ak kagoul nan figi yo, te touye 17 Janvye 2005, nan lakou lakay li, nan Ri Estime, sou fò nasyonal ; Jimmy CHARLES, yon anplwaye TELEKO,  ki te manm pati politik Fanmi Lavalas, lapolis te arete san manda 5 Janvye 2005, e mete nan gadavi nan Antigang, apre 8 jou fanmi l t al jwenn kadav li nan mòg lopital jeneral, 13 Janvye 2005. Fanmi viktim sa yo te pote plent nan Pakè Pòtoprens nan dat 25 Janvye 2005 kont otorite ki te la yo, patikilyèman, Premye Minis defakto a, Mesye Gerard Lalortue, minis jistis ak Sekirite Piblik la, mèt Bernard Gousse, sekretè Deta sekirite piblik la David Bazil ; Direktè jeneral PNH, Leon Charles, Direktè depatmantal lwès PNH la, Renan Etienne ak ofisye polis ki te fè krim yo. Chak responsab Leta sa yo te patisipe de prè ou de lwen, kòm otè entelektyèl nan asasina  Abdias JEAN, Edson JOSEPH ak Jimmy CHARLES nan dat ki site pi wo  a.

BAI konstate lajistis nan peyi Dayiti konstitiye yon veritab anpèchman pou etablisman yon Eta de dwa pèp ayisyen ap reklame depi byen lontan, men li prefere fè tèt li pase pou prensipal enstitisyon k ap bay jarèt a enpinite, ensekirite ak enstabilite nan peyi a. Poutèt sa nan dat 24 Janvye 2006, Enstiti pou Lajistis ak Demokrasi an Ayiti  (IJDH) ak BAI te depoze yon petisyon  devan komisyon entè amerikèn dwa  moun (CIDH) pou ka Jimmy CHARLES la kont Repiblik Dayiti.Nan dat 18 Avril 2006, komisyon an te voye yon rekèt bay Leta ayisyen, pou l mande l yon repons nan yon delè ki pa depase 2 mwa. Leta Ayisyen pa janm reponn.

Nan lane 2004 — 2005, Premye Minis Gerard LATORTUE  ak Minis Jistis ak Sekirite Piblik la mèt Bernard GOUSSE kòm manm Konsèy Siperyè Polis Nasyonal la (CSPN) te nan tèt yon fòs represiv ki t ap vyole sistematikman dwa moun nan peyi Dayiti. Pouvwa jidisyè a fayi nan misyon l ki se bay jistis a tout moun ki viktim zak kriminèl.

Pou tout rezon sa yo BAI ekri Prezidan Sena a jou ki lendi 11 Jiyè 2011 lan, pou mande l sezi Wot Kou de Jistis epi ekri Chanm depite a nan menm dat la pou mande yo pwononse sou mizanakizasyon kont gwo otorite sa yo :  Mesye Gerard LATORTUE, mèt Bernard  GOUSSE, Mesye David Bazile ak konpayèl yo. Se pou  Sena Repiblik la transfome l an Wot Kou de Jistis pou jije yo pou krim yo te komèt  sou 3 jèn gason sa yo : Abdias JEAN, Ederson JOSEPH ak Jimmy CHARLES pandan yo te sou pouvwa yo nan lane 2004 rive 2006, jan atik 185, 186, 187, 188, 189 e 190  konstitisyon Ayisyen 1987 la di sa a.

Pou BAI :  Mèt Mario JOSEPH, Direktè, Biwo Avoka Entènasyonal, BAI

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Telechaje dokiman orihinal la:  Press Release — Bernard Gousse KREYOL

We are moving forward with old cases, especially that of Jimmy Charles, a grassroots activist murdered in police custody in 2005. We are almost done redesigning our website, we have a lot of photos of our work posted on flickr and we launched the Lawyers Committee for Justice in Haiti on Linked-In.

Click here for details. Everyone who made this possible by writing, calling, faxing, demonstrating etc. etc. over the past three years should take pride in $1 million per week staying in Haiti instead of going to the banks.

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South Florida Sun-Sentinel

June 21, 2008

The Court of Appeals in Haiti cleared The Rev. Gerard Jean-Juste, a Catholic priest who championed the plight of Haitian refugees, of all remaining charges in connection with the 2005 murder of a prominent journalist and poet.

“I feel great. I’m praising God more and I’m serving his people,” said Jean-Juste on Friday from Haiti. “I was confident that I would be exonerated because I’ve been through so many trials before.”

Jean-Juste, 62, is an influential advocate for Haiti’s poor and a vocal supporter of former President Jean-Bertrand Aristide, who fled the country in 2004. The U.S.-backed interim government jailed Jean-Juste in 2005 in connection with the killing of Jacques Roche. A judge cleared Jean-Juste of homicide but indicted him on weapons possession and criminal conspiracy charges. Those remaining charges were dismissed last week, said Brian Concannon, one of the priest’s lawyers.

Jean-Juste had been out of prison since 2006, when he was permitted to leave the country for medical treatment. He divides his time between Miami and Haiti, where he is overseeing a food distribution program in Port-au-Prince.

Georgia East can be reached at geast@sun-sentinel.com or 954–356-4629.

South Florida Sun-Sentinel

The Court of Appeal of Port-au-Prince has announced the dismissal of all remaining charges against Father Gerard Jean-Juste. The Catholic priest is a prominent supporter of Famni Lavalas, the political party of ousted Haitian president Jean Bertrand Aristide.

The Catholic Church hierarchy in Haiti suspended Jean-Juste for political activity rather than speak out in his support while he was imprisoned. Asked about the suspension, which has outraged his numerous supporters, Jean-Juste expressed confidence that it would be lifted.

Parish priests like Jean-Juste, and Jean Bertrand Aristide, formed part of the Ti Legliz (little church) movement. It distinguished itself by opposing the dictatorship of Jean Claude Duvalier. However the upper echelons of the Church have frequently collaborated with dictatorships in Haiti.

The Vatican recognized the military junta that deposed Aristide in 1991 at a time when world opinion was hostile to the junta. Francois Duvalier was excommunicated by the Catholic Church in 1959 because he had expelled clergymen from Haiti who had criticized his regime. However, in 1966, Pope Paul IV made an astounding capitulation to the dictator. After intense negotiations the Duvalier’s expulsions remained in effect, Duvalier’s excommunication was annulled, and the dictator was given considerable say over clerical appointments in Haiti.

The Bureau des Avocats Internationaux (BAI), an affiliate of the Institute for Justice and Democracy in Haiti (IJDH), run by lawyer Mario Joseph, took the lead in fighting for Jean Juste. Jean-juste has been receiving congratulatory emails and phone calls throughout the week from supporters and friends.

By: Wadner Pierre

Jean-Juste is charged with the notoriously vague allegation of “criminal association”, as well as illegal possession of weapons. After questioning, the court asked Jean-Juste to summarize his defense.

In response to the charge of “criminal associations” he stated “As a priest my boss is Jesus, then the Bishops, and after them my people are my associates. I am not a member of an association of ‘malefactors’, but a member of an association of benefactors, and in this association Jesus is the boss.”

Regarding the second charge of illegal possession of weapons, he said: “I am a priest, and as a priest my job is to pray and help people who need help. When I worked for President Aristide I had some security guards. After the coup in February 29 [2004] I lost the job and with that the security guards too. The Judge who heard my case before wrote that I said I have guns. Yes, I have guns: My Bible and my rosary are my guns. ” Jean-Juste then held up his rosary as supporters of Fanmi Lavalas, party of former President Jean-Bertrand Aristide, shouted out: “Justice, justice for Father Jean-Juste”.

In the end Judge Pierre Pierre decided not to dismiss the charges. She claimed more time was needed to review the case. Jean-Juste retains his “provisional” freedom. The decision is odd given the two and a half year duration of the high profile case and the fact that the prosecutors conceded that there was no evidence against Jean Juste.

According to Concannon a hundred political prisoners, much less prominent than Jean-Juste, continue to languish in Haitian prisons despite Preval’s election in 2006.

Jean-Juste needed police assistance to navigate through a large crowd of enthusiastic supporters outside the court house.