Report No. 40 (2011) IACHR. (Haiti)

Report Number40
Alleged VictimAndré Apaid, Léon Jean Sainthyl, Choubert Louis, Mercidieu Aubain, Jean Wilkerson Alexis, Charles Dunet, Pierre Francky Roland, Magalie Feliz, Esaie Raymond, Souffrant Bonivard, Eric Galleus, Pierre Duckens, Orélien Samuel, Elie Franck Florestal, y Pierre Jacques
Respondent StateHaiti
CourtInter-American Comission of Human Rights
Case TypeArchive
Report No. 40/11

3


REPORT No. 40/11

PETITION 664-03

DECISION TO ARCHIVE

HAITI

March 23, 2011


ALLEGED VICTIMS/ PETITIONERS: André Apaid, Léon Jean Sainthyl, Choubert Louis, Mercidieu Aubain, Jean Wilkerson Alexis, Charles Dunet, Pierre Francky Roland, Magalie Feliz, Esaie Raymond, Souffrant Bonivard, Eric Galleus, Pierre Duckens, Orélien Samuel, Elie Franck Florestal, and Pierre Jacques.


INITIATION OF PROCESSING: December 11, 2003


ALLEGED VIOLATIONS: Articles 4, 5, 8, 13, 15, 16, 25 of the American Convention on Human Rights (the “American Convention”)


  1. POSITIONS OF THE PARTIES


A. THE PETITIONERS


      1. On August 28, 2003, the Inter-American Commission on Human Rights (the “Inter-American Commission” or the “IACHR”) received a petition from André Apaid, as representative of the political organization “Group of 184,” as well as individual petitions from each of the above-named persons, (the “alleged victims” or “petitioners”) against the State of Haiti (the “State” or “Haiti”), alleging persecution and assault for opposition to the then government of Haiti.


      1. According to the petitions, which were consolidated into “André Apaid et al.,” each of the alleged victims was a member of the “Group of 184,” a civil society organization in Haiti. They indicate that on July 12, 2003, the Group of 184 traveled to Cité Soleil to meet with residents of the community. The alleged victims claim that during the meeting, a group of 50 persons attacked the members of the Group, throwing stones and shooting at them, while police did nothing to stop the violence. The petitioners claim that the Group fled in vehicles severely damaged by stones and bullets; ultimately, it was alleged that 42 people had to be hospitalized as a result of the attack.


      1. The petitioners allege that in the days that followed the attack, several high-ranking officials claimed that the Group of 184 had provoked the violence. There were further allegations that a former government official confessed the violence against the group was organized by the Aristide government of Haiti. The chief prosecutor of Port-au-Prince filed charges against Mr. Apaid as leader of the Group of 184, accusing him of being responsible for the deaths of four persons in the July 12 violence. The petitioners argue that this was part of a set-up to persecute the Group and Mr. Apaid.


      1. Mr. Apaid alleges that the government was setting him up for the deaths of four people, and that there was an assassination plot against him by the Aristide government. The alleged victim claims that he had no chance of getting a fair trial, and requested precautionary measures to protect him against the government, as he received death threats on a daily basis. On January 8, 2004 the Commission received a transcript of a policeman’s testimony via the President of the Haitian Bar Association, Mr. Duplan, regarding a plot to assassinate Mr. Apaid.


B. THE STATE


      1. On December 11, 2003 the State was asked...

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