Haiti: Freedom of expression cannot prevail if there is no justice for
murdered journalists.
Amnesty International. http://web.amnesty.org/library/Index/ENGAMR360042007

Haiti:
freedom of expression cannot prevail if there is no justice for
murdered journalists

As the world celebrates World Press Freedom Day on May 3, in Haiti,
the right to freedom of expression continues to bear a high cost for
journalists.

The Haitian Constitution expressly guarantees the right to freedom of
opinion and expression. However, the ability of journalists to enjoy
and exercise these freedoms in Haiti is another matter. Since April
2000, eight journalists have been killed in Haiti either by unknown
gunmen or in some cases allegedly by members of the security forces.
Dozens more have been subject to harassment, imprisonment and attacks
in the course of exercising their profession.

Attacks against Haitian journalists often represent an attempt to
silence their voices - in a country with high illiteracy rates where
most people do not have access to television, the radio is the main
source of news and information. Attacks and abuses against journalists
restrain the enjoyment of freedoms and rights in Haitian society. They
restrict the right of Haitians to have free access to information and,
ultimately, citizens are robbed of their freedom to express themselves
freely and to act according to their conscience.

No one has been brought to justice in relation to the killing of seven
Haitian journalists and one Spanish journalist since 2000. Impunity
for these crimes is yet one more assault against press freedom and the
right to inform receive and impart information. It engenders fear and
uncertainty, and invites self-censorship and the spread of
misinformation. Where criminal investigations have taken place into
the killing of the eight journalists, they have been characterized by
lack of political will to ensure progress, lack of resources available
for the judicial authorities and threats against those trying to
ensure justice..

These eight unsolved cases of killings of journalists are illustrative
of the lack of rule of law and the prevailing culture of impunity in
Haiti. Those responsible for hundreds of political killings - of
politicians, journalists, women, children, human rights and political
activists, and ordinary people during the past decades have enjoyed
impunity from prosecution. The weakness of the Haitian judicial
system, which lacks impartiality and independence, continues to impede
any real improvement in the human rights situation.

Haiti faces enormous challenges in delivering justice. However,
without investigating and prosecuting abuses, the rights of Haitians
will continue to be violated and impunity will prevail. Amnesty
International believes that delays in delivering justice for the
killing of these eight journalists will continue to undermine freedom
of expression. The international community, in particular the UN
Stabilization Mission in Haiti (MINUSTAH), must find effective means
to support the Haitian government to fight impunity for all human
rights violations.

Below follows a summary of the cases of eight journalists murdered in
Haiti since 2000

JEAN LÉOPOLD DOMINIQUE, 69.
Radio journalist and political commentator, Jean Léopold Dominique was
shot dead by an unknown assailant on the morning of 3 April 2000 in
the Delmas district of the capital, Port-au-Prince. He was killed just
after he had arrived to present his daily show at Radio Haïti Inter,
where he was also director. The radio station's security guard Jean-
Claude Louissant was also shot dead by the gunman. The political
situation at the time of his murder had been fairly tense in the
capital, with increasing pressures from different sectors in the run
up to the local and legislative elections in May. Jean Léopold
Dominique had been a long-time democracy and human rights advocate who
had suffered imprisonment and exile during the Duvalier years
(1956-1986). He had been an outspoken advocate for change throughout
the country's previous four decades, and his radio broadcasts being in
Creole, rather than French reached all the country's population.

A judicial investigation was opened shortly after his murder, and
since then at least six examining magistrates have been assigned to
the case without managing to produce a full report allowing all those
responsible to be identified. Several of the magistrates reportedly
had to abandon investigations following death threats. In March 2003,
the third examining magistrate to take up the case presented his
concluding report in which he committed six individuals for trial.
Three of the suspects were released on appeal in February 2004, whilst
the other three were arrested by police but escaped from prison in
February 2005. Jean Dominique's widow, Michèle Montas escaped an
attempt on her life in her home in December 2002, but Maxime Séïde,
one of her bodyguards, was killed in the incident. Two of the main
suspects arrested by police at the start of the investigation have
died in circumstances that have never been clarified. In April 2005 a
new examining magistrate judge was assigned to the case but he has
reportedly not had access to the files nor received the necessary
resources to progress with the case. More than seven years on, no one
has been charged with his murder and his family is still awaiting
justice.

GÉRARD DENOZE, 34.
Sports reporter at Radio Plus, Gérard Denoze was shot and killed by
two gunmen on 15 December 2000 in the Carrefour district of Port-au-
Prince. He was travelling in a public taxi in mid-afternoon when two
gunmen stopped the taxi and asked all the passengers to get out except
him. He was shot several times. The perpetrators had left the scene
when the police arrived. According to some sources, Gérard Denoze had
received death threats over the phone but the motive of the murder
remains unknown. Amnesty International is unaware of any investigation
into his murder.

BRIGNOL LINDOR, 32.
News director of Radio Echo 2000, Brignol Lindor was stoned and hacked
to death by a mob in the district of L'Acul, just outside the town of
Petit-Goâve on 3 December 2001. The mob allegedly included members of
an organization which supported Fanmi Lavalas, the political party of
then President Jean-Bertrand Aristide. Several days before, the Fanmi
Lavalas assistant mayor of Petit-Goâve had publicly called for "'zero
tolerance" against Brignol Lindor, whom he accused of supporting a
rival party. Following death threats, several members of Brignol
Lindor's family were forced into exile in France.

In September 2002 the examining magistrate assigned to the case
indicted 10 people in relation to the murder. However, only one was
arrested, apparently in relation to another incident. The Lindor
family filed an appeal against the findings of the investigating judge
and requested that the investigation reopen. The Port-au-Prince Appeal
Court ruled on 27 March 2003 that it could not consider the appeal
because the family was not registered as a plaintiff. This decision
was appealed by the family before the Haitian Supreme Court, which
took more than two years to finally issue a decision rejecting the
family's appeal to be granted civil party status in the case. A new
examining magistrate has yet to be appointed and the case.

RICARDO ORTEGA, 37.
Spanish journalist and correspondent for Spanish television station
Antena 3, Ricardo Ortega was killed on 7 March 2004 while covering a
demonstration by opponents of former president Jean-Bertrand Aristide.
He was shot twice in the chest when Aristide supporters allegedly
opened fire on the demonstrators while they were dispersing. He died
of his wounds at Canapé Vert hospital, in Port-au-Prince. Six other
people were also reportedly killed. Miami Sun Sentinel's news
photographer Michael Laughlin was wounded during the shootings but he
fortunately survived his wounds. A police officer and an Aristide
supporter were reportedly arrested later the same month in connection
with the killings. Amnesty International is unaware of any subsequent
progress into the investigation.

ABDIAS JEAN, 25.
Radio reporter Abdias Jean was allegedly killed by Haitian National
Police officers on 14 January 2005. A correspondent for Miami-based
radio station WKAT-AM (1360), Abdias Jean had been covering a police
operation in the Village de Dieu sector of Port-au-Prince. Local
residents claimed that Abdias Jean was killed because he had witnessed
the murder of alleged gang members by police officers during the
operation. According to witnesses, he identified himself to the police
officers as a journalist before he was shot dead. The police denied
the killing. Abdias Jean's family have filed several complaints with
the Haitian authorities but an investigation has reportedly never been
opened.

ROBENSON LARAQUE, 25.
Radio journalist Robenson Laraque was shot on 20 March 2005 whilst
covering a confrontation between forces from the United Nations
Stabilization Mission in Haiti (MINUSTAH) and former Haitian soldiers
who were occupying a police station in the south-western city of Petit-
Goâve. He died from his wounds two weeks later on 4 April in a Cuban
hospital. Robenson Laraque worked for the radio station Télé Contact,
from whose balcony he had been observing MINUSTAH's operation.
Colleagues claim that he was shot by MINUSTAH forces. Two Sri Lankan
peacekeepers were reportedly also killed during the fighting. Amnesty
International is unaware of the outcome of an investigation reportedly
initiated by MINUSTAH.

JACQUES ROCHE, 43.
Arts and cultural editor of the Haitian daily newspaper Le Matin,
Jacques Roche was kidnapped as he was driving in the Nazon district of
Port-au-Prince on 10 July 2005. His hand-cuffed and mutilated body was
found four days later on 14 July on a street in the capital. He had
been shot several times and his body showed evidence of torture. It
appeared he was murdered when the full ransom demanded for his release
was not paid. However, many believe there was a political motive
behind his murder. A well-known and respected figure, Jacques Roche
had hosted a television programme where a grouping of prominent
business, religious and civic groups discussed civil society issues.
This grouping was accused by Lavalas supporters of playing a role in
the removal of Jean-Betrand Aristide from power. Jacques Roche had
also campaigned against government plans to introduce "industrial free
zones" to a fertile plain in the north-east of Haiti, which threatened
to displace hundreds of peasant farmers from the area.

An alleged gang member was arrested in October 2005 on suspicion of
involvement in Jacques Roche's murder, but he was released on 22 May
2006 without any explanation. Three other individuals were reportedly
arrested during 2005 in connection with the murder. However, no one
has appeared in court and there is no progress in the case.

JEAN-RÉMY BADIAU, 45.
On 19 January 2007 freelance journalist and photographer Jean-Rémy
Badiau was shot at his home in the Martissant neighbourhood of Port-au-
Prince. Martissant has seen some of the capital's worst gang warfare
as rival armed gangs from different sectors of the neighbourhood
clash, leaving the local population terrorized. Jean-Rémy Badiau was a
member of SOS Journalistes, a Haitian organization dedicated to the
protection and defence of journalists' rights and freedom of the
press. According to this organization, he was killed because he had
photographed members of an armed gang in Martissant. His family
reported that prior to his death he had received death threats from
gang members. His wife and children were reportedly forced to flee
their home after receiving further threats. Amnesty International is
unaware of any investigation initiated into Jean-Rémy Badiau's
killing.

Write to the Haitian authorities (see below) in French, Creole,
English or your own language:

expressing your grave concern at the continued impunity surrounding
the killings of journalists Jean Léopold Dominique, Jean-Claude
Louissant, Gérard Denoze, Brignol Lindor, Ricardo Ortega, Abdias Jean,
Robenson Laraque, Jacques Roche and Jean-Rémy Badiau;
calling on the Haitian authorities to make every possible effort to
successfully conclude existing investigations, and to ensure that
proceedings are initiated in those cases where no investigation has
been opened;
asking the authorities to ensure that these investigations are full,
prompt and impartial, the results are made public and all those found
responsible for involvement in these crimes are brought to justice;
calling on the Haitian authorities to take all steps necessary to
protect and support all justice and other officials involved in the
investigations, and to fully investigate any threats or attacks
against them;
calling for the effective protection of all witnesses who come forward
to testify in investigations;
calling for a thorough, independent investigation into the past
handling of the cases - including allegations of intimidation of
judicial authorities and witnesses, and political interference with
the judicial process;
reminding the authorities of their duty to ensure those responsible
for attacks against journalists are held to account in order to
prevent future attacks and create a climate in which journalists can
exercise freedom of expression without fear of reprisal.

President of the Republic
S.E. René García Préval
Président de la République
Palais National
Champs de March
Port-au-Prince, HAITI
Fax: +509 228 2396 / 228 2244
Salutation: Monsieur le Président / Mr. President
Prime Minister
Monsieur Jacques Édouard Alexis
Premier Ministre
Route de Bourdon, Impasse Prosper, n.1
Villa d'Accueil
Port-au-Prince, HAITI
Fax: +509 249 5561
Salutation: Monsieur le Premier Ministre / Dear Prime Minister
Minister of Justice and Public Security
Me. René Magloire
Ministre de la Justice et de la Sécurité Publique
Ministère de la Justice
19 Avenue Charles Sumner
Port-au-Prince, HAITI
Fax: +509 245 0474
Salutation: Monsieur le Ministre / Dear Minister Public prosecutor
Monsieur Claudy Gassant
Commissaire du Gouvernement près le Tribunal Civil de Port-au-Prince
Parquet de Port-au-Prince
Port-au-Prince, HAITI
Salutation: Monsieur le Commissaire du Gouvernement

Please address your appeals to:

Haitian authorities:

Send copies to:
Head of Human Rights Section
Mr. Thierry Fagart
Section des Droits Humains
Mission des Nations Unies pour la Stabilisation en Haïti (MINUSTAH)
387, Avenue John Brown
Port-au-Prince, Haiti
Fax : +509 244 2080 (or +509 244 3512)

Write also to:

SOS Journalistes expressing solidarity and demonstrating your concerns
for the general impunity surrounding the attacks, harassment and
murder of journalists in Haiti. SOS Journalistes is a Haitian
organization dedicated to the protection and defence of journalists'
rights and freedom of the press.

SOS Journalistes
76 Route du Canapé Vert (en face de l'hôpital)
Port-au-Prince, HAITI
Email: sosjournalisteshaiti@hotmail.com

If you want to take further action on this case, please contact your
national AI office.

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