Resolution No. 65 IACHR. Precautionary Measure No. 793/19 (Haiti), 31-01-2019

• Case Outcome: Granted
• Case Type: Precautionary Measures
• Respondent State: Haiti
• Date: 31 January 2019
• Court: Inter-American Comission of Human Rights
• Resolution Number: 65

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 65/2019

Precautionary measures No. 793-19

Committee of Victims of La Saline regarding Haiti

December 31, 2019

1. INTRODUCTION

1. On August 15, 2019, the Inter-American Commission on Human Rights (“the Inter-American Commission,” “the Commission” or “the IACHR”) received a request for precautionary measures presented by Jacques Letang and another lawyer from the “Bureau des Droits Humains en Haïti (BDHH)”, Sonel Jean-François, from the“ Cabinet Jean-François & Associés” and Jaccéus Joseph, from the “Bureau des Organizations of Défense des Droits Humains” (“the applicants”), urging the Commission to protect the rights of the members of the Victims Committee of La Saline and the inhabitants of that neighborhood, located in the capital city of Port-au-Prince.

2. On August 23, 2019, the Commission requested information from both parties, within a period of ten days, in accordance with Article 25 of the Rules of Procedure. Applicants replied on September 3 and 20 and on October 22; to date, no response has been received from the S., despite the fact that the request was repeated on September 16 and December 16.

3. In the week of December 16-21, 2019, the Commission carried out an on-site visit in Haiti, during which it had the opportunity to meet with several non-governmental organizations, alleged victims of human rights violations and law enforcement authorities. S.. The delegation has received several testimonies, including people who lived in La Saline and were subject to the acts of violence indicated in this application.

4. After analyzing the allegations of fact and law provided by the applicants, the Commission considers, from the applicable prima facie standard, that the members of the Victims Committee of La Saline are in a situation of seriousness and urgency, since their rights to life and personal integrity face a risk of irreparable harm. T., based on article 25 of its Regulations, it requests Haiti to: a) take the necessary measures to protect the rights to life and personal integrity of the members of the Victims Committee of La Saline; b) take the necessary measures to ensure that beneficiaries may carry out their work as human rights defenders without being subjected to threats, harassment or acts of violence in the exercise of their functions; c) agree on the measures to be taken with the beneficiaries and their representatives; and d) report on the actions taken in order to investigate the facts that led to the adoption of this precautionary measure and thus prevent its recurrence.

2. SUMMARY OF FACTS AND ARGUMENTS

1. Information provided by applicants

5. On N. 13, 2018, in La Saline, a neighborhood of Port-au-Prince, criminal gangs allegedly perpetuated a series of attacks that resulted in “[…] an incalculable number of victims […]:” more than seventy dead, at minus eleven raped women or girls, dozens of looting and fire or destruction, adding to the above numerous neighbors who had to move. According to the applicants, this neighborhood is a scene of recurring clashes between gangs seeking control over the area, but the events allegedly occurred on that occasion surpassed all the precedents of violence. A., they cited a report prepared by the “Réseau National de Défense des Droits Humains (RNDDH),” which suggests a link between the attack and government authorities, under the understanding that La Saline houses members of the political opposition.

6. According to the request, on March 8 and 13, 2019, the gang members returned to La Saline with the aim of intimidating the population and pressuring them to remain silent and not go to court; on that occasion, a mob allegedly killed at least six people by means of firearms and blunt or bladed weapons, it being supposedly impossible to know the exact number of victims because the alleged perpetrators burned several bodies. These acts of violence happened again between April 13 and May 2, 2019, continuing reprisal actions against the families of the victims who dared to file a complaint and meet as part of a group of victims. S., between J. 5 and 13 of this year, new attacks occurred with a balance of at least twenty dead, three missing and six injured. The applicants denounced the alleged impunity of these events, despite their national and international media coverage.

7. On September 7, those who were displaced in the Wharf-Jérémie were reportedly forced to leave the area by a group of unidentified armed persons, who used blows, kicks and intimidation. This caused the return of the displaced to the neighborhood of La Saline where they came from, settling in precarious conditions on the remains of their old houses. That same night, about thirty women were allegedly sexually assaulted by the aforementioned criminal group in La Saline. In fact, on September 18, a 19-year-old girl and her 7-year-old brother drowned when they were swept away by heavy rains. Applicants indicated that they did not have access to a solid roof since their house was destroyed on N. 13, 2018. By mid and late October 2019, there were reportedly more deaths by firearm as a result of the presence of these criminal groups in the market sector of Croix des Bossales and in a neighborhood of La Saline, without further details about the circumstances or motives of the deaths.

8. The applicants provided relatively detailed information and stories regarding at least twenty-eight people, of which six are part of the Victims Committee of La Saline. Regarding the members of this group, they explained that the threats are “[…] constant and almost daily […],” while for the rest of the proposed beneficiaries the frequency is irregular. These people were being subject to death threats, were brutally assaulted, tortured and intimidated, both in person and through messages or phone calls. The members of the...