Originally: Illegal Arrest of Former Lavalas Mayor
Illegal Arrest of Former Lavalas Mayor
Statement by Pierre Esperance, NCHR Director
10 May 2004
On 5 May 2004, Dr. Jean Maxon Guerrier, former Lavalas Mayor of the district of Delmas, was arrested on the Haitian-Dominican border by officers from the Haitian National Police as he attempted to leave the country.
Following prompt visits on Thursday, 6 May and Saturday 8 May to the Police Station of Pétion-Ville where Dr. Guerrier is being detained, NCHR has discovered that the former Mayor was arrested without a warrant and without specific charges against him. Documentation at the Pétion-Ville police station cite “for reasons of investigation” as the source of his arrest and detention.
NCHR vigorously denounces the illegal character of his arrest. Despite the possibility that Dr. Guerrier has been involved in illicit behaviour, his arrest must be preceded by a solidly prepared case with well-founded information and documentation. The arrest and detention of citizens for “reasons of investigation” is totally unacceptable. Regardless of the accusations against Dr. Guerrier, his rights as a citizen of this country and a human being must be respected.
We are striving to establish the rule of law in Haiti, yet such arbitrary and illegal practices only serve to destroy any hope of succeeding.
The Haitian Constitution of 1987 clearly outlines the processes of arresting and detaining citizens implicated in violating the law. It is crucial that police and judicial authorities demonstrate their commitment to respecting the authority of the Constitution when they carry out arrests, even if those being arrested have serious charges against them.
Haitian authorities must respect the principles of the law concerning the case of Dr. Guerrier, as well as all cases of arrest and detention.
As Haiti finds itself in a period of transition and rebuilding, we must continue in the fight to ensure that the injustices of yesterday are not repeated today.
National Coalition for Haitian Rights (NCHR)
Coalition National pour les Droits des Haïtiens
9, Rue Rivière
Port-au-Prince, Haiti
Tel: 509.245.3486 / 245.5821
Fax: 509.244.4146
Email: nchr@nchrhaiti.org
nchr@haiti.maf.net
www.nchrhaiti.org
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Arrest of Eight (8) Militants from the National Resistance Front :
NCHR calls for an end to the chaos created by armed groups in defiance of the State
The National Coalition for Haitian Rights (NCHR) has learned of the arrest of eight (8) former military personnel of the disbanded Haitian Armed Forces in Port-au-Prince. These individuals are armed members of the National Resistance Front who participated in the final stages of the struggle to oust former President Jean Bertrand Aristide.
The names of these former military personnel, many of whom are known of in the Central Plateau, are as follows:
Jean Edouard Sergeant
Guy Ronald Corporal
Yves Edouard Corporal
Nirvard Eximon Corporal
Rosialis Gustelin Corporal
Alexis Mathias Soldier
Odlince Bélizaire Soldier
Jean Baptiste Joseph Spokesperson
NCHR is astounded to hear the public declarations of other former military personnel claiming that they are prepared to forcefully free their brothers-in-arms, much in the same way that members of the Armée Cannibale in Gonaïves liberated their leader, Amiot Métayer in August 2002.
NCHR condemns the irresponsible and off-the-cuff statements from political organisations who – apparently forgetting that the law applies to all – are calling for the disarmament of armed Lavalas groups, on the one hand, while encouraging members of the Front to display their illegal weapons and defy state authority, on the other. A biased and partial disarmament will do nothing to serve the causes of democracy.
Even if the decision of former President Aristide to dissolve the armed forces was unconstitutional, the decision stands until another decision rendered by the current authorities reverses the former decision by virtue of accepted judicial principles.
How can members of an institution that has been dissolved for ten (10) years continue to refer to themselves as an institution, and at the same time neglect raising- in a responsible manner – the issue of reconstructing the army with the highest of State officials?
How can armed groups currently functioning without a unified command, without a hierarchical structure, and without institutional discipline pretend to represent a military institution, one that, according to the Constitution of 1987, must be led by a Commander-in-Chief as named by the President of the Republic and ratified by the Republic’s Senate?
It is time for the chaos and disorder to end. The future of the Nation depends on it.
NCHR supports the idea of a political decision with regards to the question of pensions for former military personnel. However, NCHR asks first that the Government seriously, forcefully and without ambivalence deal with the question of armed groups present throughout the country.
NCHR invites political leaders, those who influence public opinion as well as civil society leaders to distinguish themselves from popularist behaviour by speaking out on this question in a sensible and appropriate manner, all things considered.
The country is still recovering from the crooked government under Aristide and cannot afford to begin to relive the same experience in a different form. The Rule of Law, for which the Haitian people are calling, is founded on the principle that the law applies to all, regardless of ideological leanings, political affiliation, socio-economic status or sex, and that the power of the law takes precedence over the right to exercise force.
Port-au-Prince, 20 May 2004
National Coalition for Haitian Rights (NCHR)
Coalition National pour les Droits des Haïtiens
9, Rue Rivière
Port-au-Prince, Haiti
Tel: 509.245.3486 / 245.5821
Fax: 509.244.4146
Email: nchr@nchrhaiti.org
nchr@haiti.maf.net
www.nchrhaiti.org