RESOLUTION Nš 45/82
March 9, 1982
1. On December 13,
1977, the Inter-American Commission on Human Rights received the
Jean, an engineer and attorney, was arrested in Saint Marc, Haiti, in
October, 1966, and since then has not been set free.
year many prisoners of conscience and political prisoners are released
but Franel Jean remains a "disappeared" person. These are some
of the facts relating to his case: first and foremost, he was arrested
by the military and civil forces of Saint Marc without any court order.
There have been no charges presented given by the Haitian Government for
his incarceration. In my opinion, the reasons for his incarceration are
political in nature. Mr. Franel Jean has not been allowed to see any
member of his family or his defense attorney since being put in jail. He
has not been tried, there is no case pending, there is no court sentence
that is known. He was tortured during his detention.
2. In a note dated
September 14, 1978, the Commission transmitted the pertinent parts of
the petition to the Haitian Government and requested it to furnish
information that it considered appropriate.
3. Since no reply
to this communication has been received, the request for information was
repeated in a note sent to the Government of Haiti on September 28,
1981, which mentioned the eventual application of Article 39. No reply
to this communication has been received.
1. The term
provided for in Article 31 of the Regulations of the Commission has
lapsed and to date the Government of Haiti has not replied to repeated
requests for information made by the IACHR in its note of September 14,
1978, and reiterated in its communication of September 28, 1981, making
it necessary to presume that there are no further remedies under
domestic law which must be exhausted (Article 46 of the American
Convention) in accordance with the procedures established in the same
2. Article 39 of
the Regulations of the Commission reads:
facts reported in the petition whose pertinent parts have been
transmitted to the government of the state in reference shall be
presumed to be true if, during the maximum term set by the Commission
under the provisions of Article 31 paragraph 5, the government has not
provided the pertinent information, as long as the other evidence does
not lead to a different conclusion.
3. Article 1 of
the American Convention on Human Rights reads:
1. Obligation to Respect Rights
The States Parties to this Convention undertake to respect the
rights and freedoms recognized herein and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights
and freedoms, without any discrimination for reasons of race, color,
sex, language, religion, political or other opinion, national or social
origin, economic status, birth or any other social condition.
4. The Republic of
Haiti is a State Party to the American Convention on Human Rights.
Therefore, in view of the foregoing information and the considerations
made, and since the Commission does not have other information that
would lead it to conclude otherwise, on the grounds of Article 39 of its
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. To presume to
be true the facts denounced in the communication of November 24, 1977,
relating to the arbitrary arrest, torture and lack of due process of Mr.
2. To declare that
these facts constitute a grave violation of the rights to humane
treatment, personal liberty and fair trial, Articles 5, 7 and 8,
respectively, of the American Convention on Human Rights.
3. To recommend to
the Government of Haiti: a) that it provide for the immediate release of
Mr. Framel Jean; b) that it provide for a full and impartial
investigation to determine who is responsible for the violation; c) that
in accordance with Haitian laws it punish those responsible for the
facts denounced; d) that it inform the Commission within a term of
ninety days of the measures it has taken to put the foregoing
recommendations into practice.
4. To communicate
this resolution to the Government of Haiti and to the petitioner.
5. To include this
resolution in its Annual Report to the General Assembly of the
Organization of American States.