Report No. 25 (2010) IACHR. Petition No. 461-01 (Haiti)

• Petition Number: 461-01
• Report Number: 25
• Case Type: Archive
• Court: Inter-American Comission of Human Rights
• Respondent State: Haiti
• Alleged Victim: Lucien Gervais

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REPORT Nº 25/10

PETITION 461-01

DECISION TO ARCHIVE

HAITI

March 16, 2010

ALLEGED VICTIM: Lucien Gervais

PETITIONER : Michèle Gervais

BEGINNING OF PROCESSING: July 13, 2001

ALLEGED VIOLATIONS: Articles 7, 8 and 25 of the American Convention on Human Rights (“the American Convention”)

1. POSITIONS OF THE PARTIES

1. The Petitioner

1. On June 29, 2001 the Inter-American Commission on Human Rights (the “Inter-American Commission” or the “IACHR”) received a petition from Michèle Gervais (the “petitioner”) against the Republic of Haiti (the “State”) on behalf of her husband Lucien Gervais (“Mr. Gervais” or the “alleged victim”) for the alleged violation of his right to personal liberty, to a fair trial and to judicial protection, guaranteed respectively by Articles 7, 8, and 25 of the American Convention.

2. The petitioner alleges that Mr. Gervais was arrested in June 2001, under false charges of terrorism and treason. She claims that the arrest of the alleged victim was part of a policy implemented by then President Jean Bertrand Aristide to eliminate political opponents; and that the President even offered a reward in writing for Mr. Gervais death. She also alleges that there had already been an attempt to assassinate Mr. Gervais while imprisoned; that “they” (without defining whom) were paying for his protection, food and water; and that Mr. Gervais suffered from high fever and did not receive appropriate medical attention. Moreover, the petitioner submits that the case of Mr. Gervais was never heard by a judge.

3. In a communication dated July 7, 2009, the petitioner informed the Inter-American Commission that she heard her husband was released, but could not confirm when or where he currently was because she had lost contact with him.¹

B. The State

4. As a response, the State provided the Inter-American Commission with the report of an interview conducted between the Citizen Protection Officer (the “OPC”) and Mr. Gervais on August 24, 2001. According to the OPC, Mr. Gervais confirmed many of the factual allegations contained in the petition, such as the way his arrest took place and that at the moment of the interview he still was not aware of the charges against him. However,...