By Wadner Pierre and Jeb Sprague
PORT-AU-PRINCE, Aug 20 2009 (IPS)

Government authorities in Haiti face recent criticism over allegations that they continue to jail political dissidents.

Ronald Dauphin's wife at a protest in Port-au-Prince, 2009. Credit: Wadner Pierre/IPS

On Aug. 7, Amnesty International called for the release of Ronald Dauphin, a Haitian political prisoner. Dauphin is an activist with the Fanmi Lavalas movement of former President Jean-Bertrand Aristide. He was seized by armed paramilitaries on Mar. 1, 2004 – the day after Aristide’s government was ousted in a coup d’état.

According to Amnesty, “the delay in bringing Ronald Dauphin to trial is unjustifiable and is politically motivated”. The organisation “opposes Ronald Dauphin’s continued detention without trial, which is in violation of his rights, and urges the Haitian authorities to release him pending trial.”

Amnesty noted that Dauphin’s health has deteriorated severely in Haiti’s National Penitentiary, which is notorious for the appalling conditions to which it subjects inmates. One of Dauphin’s co-defendants, Wantales Lormejuste, died in prison from untreated tuberculosis in April 2007.

In May 2009, doctors examined Dauphin and called on the authorities to immediately transfer him to a hospital. But today, nearly five and half years since his original arrest, he has not seen his day in court and remains locked up.

Demonstrations in downtown Port-au-Prince, with hundreds of supporters, occur here on a weekly basis, calling for the release of political prisoners. They are organised by local grassroots groups such as the Kolektif Fanmiy Prizonye Politk Yo, Fondasyon 30 Septanm, Organizasyon AbaSatan, and the Group Defans Prizonye Politik Yo.

At one protest, Rospide Pétion a former political prisoner and Lavalas supporter, told IPS, “It is unjust to keep Dauphin in prison while criminals are on the street working without prosecution. We ask for justice for Ronald and all the unknown political prisoners from the slums.”

Last year, the Inter American Court of Human Rights (IACHR) ordered the Haitian government to immediately improve prison conditions. That ruling also ordered the Haitian government to pay 95,000 dollars in damages to Yvon Neptune, one of Ronald Dauphins co-defendants, for numerous violations of his legal rights.

The Haitian government has disregarded the ruling to date. Neptune received a “provisional release” in 2006 after spending two years in prison but the case against him has yet to be dismissed, despite an appeals court order in his favour.

Ronald Dauphin is the last of 16 Fanmi Lavalas members and supporters imprisoned based on allegations made by the organisation Réseau National de Défense des Droits Humains (RNDDH), as well as some relatives of the victims, that a massacre was perpetrated between Feb. 9 and 11, 2004 in St. Marc, 100 kms north of Port-au-Prince, Haiti’s capital.

RNDDH received funding from the Canadian government for the prosecution of the supposed perpetrators of the massacre. However, U.N. investigators – despite U.N. hostility to Fanmi Lavalas and support for the coup-installed government that ruled Haiti until 2006 – have not backed the accusations made by RNDDH.

In 2005, the U.N. Human Rights Commission’s independent expert on human rights in Haiti, Louis Joinet, concluded that what happened at St. Marc was that armed groups -supporters and opponents of the Aristide government – clashed and that there were casualties on both sides.

In 2006, Thierry Fagart, head of the Human Rights department of the U.N. peacekeeping mission in Haiti, rebuked RNDDH for never substantiating its allegations by even providing a list of the names of the victims.

Amnesty International’s appeal on behalf of Ronald Dauphin also called for an impartial and thorough investigation into the events that took place in St. Marc, and it observed that “The investigating magistrate has only focused on the alleged crimes committed by the group supporting former president Jean-Bertrand Aristide and failed to identify the victims among the former president supporters and their alleged perpetrators.”

In July, the director of RNDDH, Pierre Esperance, told IPS, “In our system, the criminal becomes a victim because the system doesn’t work.”

Brian Concannon of the Institute for Justice and Democracy in Haiti (IJDH) agreed that the shortcomings of Haiti’s legal and prison system punish the innocent and guilty alike.

However, Concannon noted that the coup-installed government of 2004-2006 “arrested hundreds of political opponents, some at the insistence of RNDDH. Over five years after the arrests began, not a single political prisoner has been convicted of any crime.”

“Some were acquitted at trial, like folk singer Annette Auguste ‘So Ann’, or cleared by an appeals court, like activist priest Rev. Gérard Jean-Juste, when the prosecution was not able to submit a shred of evidence. Many more remain in prison, or in legal limbo like Yvon Neptune.”

On Aug. 9, former President Bill Clinton, now a U.N. envoy to Haiti, addressed influential Haitian émigrés gathered at a luxury resort in Sunny Isles Beach, Florida.

Working class Haitian activist groups like Veye-yo, which is based in Miami, have been calling on Clinton to work on behalf of Ronald Dauphin as he recently did on behalf of U.S. journalists imprisoned in North Korea. A group of Veye-yo activists assembled just outside the resort calling for such action.

Momentum has been growing for Dauphin’s release. Evel Fanfan, a Haitian attorney for the Association des Universitaires Motivés pour une Haiti de Droits (AUMOHD), also speaking at the recent gathering in Florida, expressed firm solidarity with the campaign to end illegal detentions such as that of Dauphin.

The Haitian government denies that it holds political prisoners. Haiti’s ambassador to the United States, Raymond Joseph, denying that he has even heard of Dauphin, says, “There are no political prisoners in Haiti. The fact that Neptune and the others are out of jail and they were the most prominent and that this person… is still in jail, to me underscores… some people are in jail but not for political reasons, but since they belong to a certain party they are shopping this around and saying ‘its because I belong to this party that I’m in jail'”.

Others argue this is part of a pattern, part of a concerted campaign to silence Haiti’s poor that continues today with the blocking by the government’s Conseil électoral provisoire (CEP) of Fanmi Lavalas from taking part in recent elections.

Speaking last Wednesday on Free Speech Radio News, Pierre LaBossiere, a founding member of a North American-Haiti solidarity organisation, the Haiti Action Committee, said, “We have petitions to President René Préval to free the political prisoners. People shouldn’t be in jail because of their political beliefs.”

“Because of their strong feelings that President Aristide is the true spokesman for their aspirations they were put in jail on trumped up charges, never a day in court and they are sitting there for years,” he said.

In May, U.S. Representative Maxine Waters wrote to Haitian Prime Minister Michèle Pierre-Louis and Secretary of State Hillary Clinton, warning that the failure to provide adequate medical treatment to Dauphin could “cause the injustice [of illegal imprisonment] to become a death sentence.”

Dauphin learned about Amnesty’s statement on his behalf while listening to a radio interview that his attorney, Mario Joseph (of the Bureau des Avocats Internationaux), was giving about his case.

Dauphin’s wife told IPS, “Ronald was pleased when he heard the news on the radio”. However, she remains distraught over her husband’s situation. His ailing mother, Janne, who is 78, is also suffering immensely wondering what will become of her son.

Excerpt:

Weekend senatorial elections in Haiti are mired in controversy as Fanmi Lavalas (FL), the political party widely backed by the poor majority, has been disqualified.

A near empty voting box in Port-au-Prince. Credit: Wadner Pierre/IPS

As the global financial crisis unfolds, U.N. officials in New York City and Port-au-Prince are struggling to defend a troubled electoral process while gathering donor aid.

Meanwhile, a recent study by the Florida-based advocacy organisation Haiti Priorities Project (HPP) has found widespread popular apprehension and disaffection among Haitians ahead of the upcoming senatorial elections.

During eight days in early April, seventy HPP volunteers, 10 from the United States and 60 from Haiti, dispersed across the country. Their goal was to survey how people viewed the upcoming election.

“Only 5 percent of potential voters nationwide say they are ready to go to the polls in order to elect 12 senators for the upcoming elections on April of this year,” said the group in a press release. Many of the respondents had never heard of the candidates fielded in the election.

Jacob François of the HPP explained to IPS, “We organised our census primarily through town hall meetings, where organisers spoke to people in groups and individually. From this we tallied the opinions of what was estimated to be 65,000 people out of a population of 8 million.”

In February it was announced that Haiti’s Conseil électoral provisoire (CEP) would not recognise candidates from FL in the upcoming senatorial elections. The reason given was that the candidates – listed in two different slates – did not have the signature of the party’s head, former President Jean-Bertrand Aristide, who was ousted by the George W. Bush administration in 2004.

FL is in a process of reorganisation that even sympathetic observers have termed “disarray.” After the initial failure of the two separate FL slates to gain CEP approval, the factions came together agreeing upon a unified slate. The slate was signed by Emmanuel Cantave – keeper of the party’s seals – who has approved FL slates for the past 13 years.

Still, the CEP rejected the list. Its stated objection was that the list lacked Aristide’s signature; giving just days notice, it requested a non-fascimilied signature from Aristide, exiled in Pretoria, South Africa.

U.N. officials initially urged the CEP to include all parties.

Praising the efforts of FL to be included within the electoral process, the U.N. representative for a Security Council delegation, Jorge Urbina, stated that they “were glad to hear from (Lavalas) that they are using every legal instrument in their power to reverse this decision.”

In a press release, the secretary general of the Organisation of American States, José Miguel Insulza, stated, “I cannot help but express my concern about the possibility that an important group of Haitian citizens might feel that they are not being represented in this process.”

By early March, Haitian Judge Jean-Claude Douyon had ruled that the CEP could not disqualify the FL candidates. Concluding that “[t]he political rights of the Lavalas have been violated,” he ordered the “reintegration of candidates of that party, if they each individually meet the legal standards.”

However, not long after, Judge Douyon was mysteriously removed from his post, and the CEP disregarded his ruling.

In recent weeks, following a visit from U.S. Secretary of State Hillary Clinton, a consensus cemented among government elites to go forward with elections without FL. Criticism of the exclusion ceased.

In late March, U.N. press agencies reported that 100 tonnes of election equipment had arrived in the country, divided into 12,000 voting kits.

CEP and U.N. officials now lay blame at the feet of ousted President Aristide. The U.N.’s Urbina says that FL’s exclusion was due to Aristide’s unwillingness to sign.

Some proponents say Aristide, who has been kept from returning to the country, does not wish to give his support to elections under which holdovers from the U.N.-backed dictatorship of 2004-2006 remain and the potential for fraud and vote rigging are high.

Top leaders of his movement have been systematically targeted, in part explaining FL’s internal dissension. The highest former office holder of FL, Yvon Neptune, spent two years in jail, and has a case hanging over his head despite it being ordered dismissed two years ago by a Haitian appeals court, and almost a year since the Inter-American Court of Human Rights told Haiti to halt the case. Another FL leader, Father Gérard Jean-Juste, who spent seven months in jail with untreated cancer, is sick in a hospital in Florida.

At the same time, FL political prisoners, such as Ronald Daulphin, remain in jail after five years without being tried. A justice process for thousands imprisoned and killed under the interim government remains out of sight.

Even so, since Aristide’s ouster, a few senators have, without Aristide’s endorsement, run in elections claiming to represent FL without any objection made by the CEP. Only in recent months, with violence decreased, has FL come together nationally to participate in elections.

François of the HPP, discussing the U.N. and Haitian government’s actions, explains, “They just do not learn. They can’t exclude a major party in Haiti from an election, that’s total exclusion. It will undermine the entire process. In addition, the CEP has no business going into the internal affairs of Lavalas.”

The tenuous political alliance between Haiti’s President René Préval and FL has collapsed.

Elected in 2006, Préval had the support of the impoverished majority who hoped, through his candidacy, for a return to normality and an end to post-coup repression that left thousands dead.

Once elected, critics say, Préval’s administration imposed the priorities of foreign donors and elites. The emphasis today is on garment exportation.

Thousands of Lavalas activists have mobilised against the disqualification, more demonstrations are planned for the weekend.

With the credibility of the upcoming elections badly damaged, foreign donors have attempted to smooth things over with a hastily organised conference pledging aid disbursement.

Speaking to donors and NGOs, whose influence in Haiti is colossal, U.N. Secretary General Ban-Ki Moon explained, “Haiti is at a turning moment…by acting now, we will protect the considerable investment and progress we have made so far.”

Meanwhile, grassroots Haitian activists, such as a Ronique, a member of a women’s collective in Cité Soleil, condemn what they claim has been a thwarting of democracy led by Préval, the CEP and the U.N.

“In the matter of elections, basically what you have is a decision to explode Fanmi Lavalas, that is the way we in Haiti see it, that this was a decision by the international community with the complicity of President René Préval to get rid of and exclude Lavalas from the election because everyone knows FL is the majority party in the country,” she said in a radio interview.

She added, “People are not enthused, it is a complete silence around this election. You don’t see candidates going through the neighbourhoods where the people are suffering. Nobody is interested because they don’t see themselves participating in this process.”

With sadness in her voice she mentions Lovinsky Pierre-Antoine, one of the most internationally recognised FL leaders. He was abducted in late 2007, just after announcing his intention to run in senatorial elections, and remains missing. A leading human rights activist, he worked tirelessly to bring former death squad leaders to justice.

IPS has found that one death squad leader has been living in a luxurious hotel overlooking Port-au-Prince. Louis Jodel Chamblain, a founder of the infamous FRAPH death squad that murdered and raped thousands during the early 1990s, was interviewed by IPS a year ago at the Ibo Lele Hotel. Within earshot, U.N. officials and NGO dignitaries dined and slept.

*Wadner Pierre in Miami contributed to this story.