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CHAPTER II RIGHT TO LIFE, LIBERTY, AND PERSONAL SECURITY
The American Declaration of the Rights and Duties of Man
Article I:
Every human being has the right to life, liberty and the security
of his person.1
1.
Article 5 of the 1964 Constitution of Haiti, as amended in 1971,
expressly declares that: “The life and liberty of Haitians are sacred
and must be respected by individuals and by the State.”
2.
Nonetheless, Article 25 provides for capital punishment in the
case of treason: “Capital punishment may not be imposed for any
political offense except treason.” This article defines treason as
“taking up arms against the Republic of Haiti, joining avowed enemies
of Haiti, and giving them aid and comfort.” B. Individual denunciations of violations of the right to life
3.
A communication of July 8, 1971 denounced the arbitrary detention
of Joseph Nicolas Gaetjens, a Haitian citizen, who was arrested in
Port-au-Prince on July 8, 1964 at 10:00 a.m. by an armed, uniformed
police officer, Lt. Edouard Guillot, and by two armed plain clothes men.
The arrest took place in the presence of numerous people. The
complainant states that since that time, there has been no more
information about Mr. Gaetjens, his whereabouts or his situation as a
whole. It is stated that no proof has been shown that he was brought
before the competent authorities, and that there is fear for his life.
The government of Haiti has not replied to the Commission’s
request for information on this affair, with the result that, at its
thirtieth session, the IACHR decided to invoke Article 51 of its
Regulations, and presume the events denounced to be confirmed; the
Commission advised the Haitian authorities that these facts constitute
an extremely serious violation of the right to freedom and personal
security.
The fact that Mr. Gaetjens, a football player of international
standing, has not been seen since his detention in 1964, leads to the
conclusion that he is dead since he was in the hands of the Haitian
authorities under circumstances that have never been made public.
4.
In a letter dated January 20, 1972, the Commission was informed
as follows:
On April 26, 1963, between two and three in the afternoon, Roland
Chassagne, who worked in the workshop of the Deschamps Company, located
on the Boulevard Jean Jacques Dessalines in Port-au-Prince, was arrested
by four Tonton-Macoutes, who were under the command of a certain
attorney named Durand, who lived on Clerveaux street in Petionville.
Georges Chassagne, brother of Roland Chassagne, was a witness to the
arrest. The group left in a car in the general direction of the
Department of the Interior, the Police Headquarters, and the National
Palace.
A few minutes later, Georges Chassagne learned that his brother
had been taken to Fort Dimanche.
Georges Chassagne obtained an interview with the State Secretary
of the Interior, to whom he recounted his brother’s illegal arrest,
and demanded that he be released. The Secretary responded that the
question would be studied, but since that time no further information
was provided.
The government reports that no person of that name was arrested
on the date indicated, and made no comment when documents providing
these facts were sent to it. The IACHR, in its thirtieth session,
invoked Article 51, and presumed the events denounced to be true,
declaring that this was an extremely serious violation of human rights.
During the Special Commission’s visit to Haiti, the government
provided a “List of requests for death certificates,” in which the
name of Roland Chassagne appears. It indicated that Mr. Maurice Vilaire
had filed a request on May 2, 1978. In January 1979, the government was
asked to provide more extensive information with regard to this request.
The government did so, but did not indicate the circumstances of death.
Another case brought to the Commission’s attention is that of
Hubert Legros. The Commission was informed that Legros had been detained
without trial and without any preliminary investigation by the State’s
attorney, for a period of two and a half years until December 1972, at
which time, he appeared on the list of 72 people granted amnesty by
President Jean Claude Duvalier. It was subsequently alleged that three
weeks after being released, Legros was arrested and imprisoned in Fort
Dimanche because he had supported other prisoners who had been pardoned
but who had not been released. In a note dated August 28, 1975, the
government reported that Hubert Legros had “received clemency from the
President-for-Life of the Republic, which reduced his sentence.” The
government has never informed the Commission of the details of the trial
nor of the sentence which was subsequently reduced. The IACHR received
this information, from the government, but the circumstances regarding
his death were not explained. The government informed the IACHR on
October 5, 1977 that as regards the request for more specific
information, “it is up to his parents to file a petition with the
civil courts in Port-au-Prince, which will shortly provide them with all
the necessary information.”
The name of Legros appears on the “List of requests for death
certificates,” with the observation that Mrs. Andrée Bruts asked for
a decision on June 29, 1978.
6.
On March 10, 1971, the Commission received a cable asking it to
intervene in the affair of 14 people arrested in April 1970, who had
been given a secret trial.
Despite repeated demands, notably with respect to Kesner Blain,
the government replied only in general terms questioning the
Commission’s jurisdiction in this area.
With regard to another case, the government informed the IACHR as
follows: “Ex-colonel Kesner Blan will be brought before a military
court and tried by his peers in the regular manner for the crime of
conspiracy and high treason.”
The Commission asked for specific information on the question of
Kesner Blain on September 19, 1977. It particularly asked about the date
on which he was brought to trial and about the sentence he was given.
Instead of providing the information asked for, the government informed
the Commission that “the parents of Ex-colonel Kesner Blain may file a
petition with the civil courts of Port-au-Prince, which will shortly
provide them with all the necessary information.”
7.
After the visit of the Special Commission, the Inter-American
Commission on Human Rights sent the Government a note on September 11,
1978, with the following list of 151 individuals who, according to the
allegations of accusers, were executed while in prison or who died in
prison because of lack of medical care. List
of dead prisoners
AUGUSTERE
cell 1, Plaine du Cul de Sac, poet, journalist, arrested in
January 1971, released in December 1972, re-arrested in January 1973,
died in 1975 of diarrhea. Joseph
ALEXANDRE cell 3, known as Djo Malanca, Port-au-Prince, died on November 1,
1975, of physical weakness and mental illness. Gérard
AUGUSTIN cell 1, St. Marc, 53 years
old, sociologist, imprisoned 3 times, died on September 19 at 4:00 p.m.
of tuberculosis. Marcus
ANDRE cell 7, Jérémie, professor,
died in 1975 of diarrhea. Jean-Claude
ALEXANDRE cell 7, Jérémie, professor, died in 1975 of diarrhea. Ezéchiel
ABELARD cell 6, died in September 1976 of tuberculosis. Massena
ANIBOT cell 8, died in August 1976
of tuberculosis and malnutrition, a peasant from l’Arcahaie. Robert
ACHADE cell 7, Arcahaie, died in
1975. Joseph
BRIOLLI cell 4, Port-au-Prince, a
former macoute, died in 1976 of diarrhea and tuberculosis Jean-Robert
BELLEVUE cell 1, Plaine du Cul de Sac, professor of history, died in August
1975 of tuberculosis. Georges
BISRETE cell 2, Fond des Blancs,
speculator, died in February 1976 of rheumatism and tuberculosis. André
BIEN-AIME cell 3, Cayes, worked in
the Chamber of Deputies, died in July 1976 of malnutrition. Renel
BAPTISTE cell 7, Jacmel, lived in
the Dominican Republic, worked in Africa on filming The Comedians,
died on July 19, 1974 of tuberculosis. Fred
BAPTISTE cell 1, Jacmel, died on
June 16, 1974 of tuberculosis and mental illness. Justin
BERTRAND cell 5, Port-au-Prince, a
former macoute chief, died on August 26, 1975 of tuberculosis and
diarrhea. Ronel
BERTRAND cell 2, Port-au-Prince, a
former macoute chief, died in February 1976 of rheumatism and
tuberculosis. Paul
BLANC cell 4, husband
of the deputy Madame Paul Blanc, died in July 1976 of diarrhea. Kesner
BLAIN cell 3, Port-au-Prince,
ex-colonel, died on February 1, 1976 of tuberculosis. Fritz
BAUDET cell 3, Port-au-Prince,
coastguard, died in July 1975 of tuberculosis Noly
BURON cell, sailor, died in
1976 of tuberculosis. Jean-Claude
BOUCICAUT cell 4, Port-au-Prince, former macoute, died in January 19, of
tuberculosis. Hora
BATISTAIN cell 3, tin-smith, died
in February 1973 of typhoid. Julien
BANO cell 1, Arcahaie, died
in 1975 of diarrhea. Henri
BAFARD cell 4, Thiotte region, died
in January 1973. Sifra
CESAR cell 8, died in 1972 of
tuberculosis. Daul
COMPERE* executed on August 7,
1974. Muscadet
CAJUSTE cell 8, former corporal in the Police Department, died in 1976 of
tuberculosis. León
CHERY cell 2, Cayes, an old
man in his sixties, died on December 10, 1976 of physical weakness. Gilbert
CADOSTIN cell 2, chauffeur, died on October 2, 1976, of tuberculosis. Camille
CEBASTIEN cell 1, Port-au-Prince, pharmacist, owner of the Pharmacie de Lion,
died in 1976 of lung congestion. Jean
Roland CELESTIN cell 1, Port-au-Prince, topographer, died in 1975 of typhoid and
tuberculosis. Paul
DONNEUR cell 7, Port-au-Prince,
artisan, died in 1976 of diarrhea. Ambroise
DESRAVINES cell 7, Port-au-Prince, artisan, died in 1976 of diarrhea. Serge
DE RUISSEAU cell 3, Arcahaie, student, died in 1976 of tuberculosis. Murat
DARELUS cell 1, Pétion-Ville,
carpenter, died in February 1975. Kernisan
DUPONT National Penitentiary, Méyotte,
Pétion-Ville, workman, died in 1975 of liver disease. Ronald
DUCHEMIN* executed in March 1976. Guelo
DACCUEIL cell 3, Arcahaie, peasant,
48 years old, died in 1976 of tuberculosis. Horace
DACCUEIL cell 7, Arcahaie, peasant,
brother of Guelo, died in 1976 of diarrhea. Fritz
DUGASON cell 5, Jérémie,
mechanic, died on June 2, 1975 of tuberculosis. Clothaire
DORNEVAL cell 5, Arcahaie, died on January 24, 1976 of hypertension. Raphael
DELVA cell 1, Gonaives, died in
June 1976 of tuberculosis. Jean-Claude
DUVAL cell 9, worked at Alpha, died on December 5, 1975 of tuberculosis and
physical weakness. Ovèz
DUQUESNE died in August 1976. Thomas
DOMINIQUE cell 6, Plaine du Cul de Sac, chauffeur, died in July 1976 of
tuberculosis. Cadeau
Jean DERISIE cell 1, Nan Bannanan, section chief, died in July 1976 of
tuberculosis. Arche
DENIS cell 1, Port-au-Prince, son
of Lorimer Denis (co-author with François Duvalier of a number of
books), former spy who made his reports directly to Duvalier, arrested
by Luc Désir after the death of François Duvalier, died in 1976 of
typhoid. Vénèque
DUCALIRON National Penitentiary, died in 1973. Serge
DONATIEN cell 1, Artibonite,
arrested in February 1975, 25 years old, died in March 1976 of diarrhea. DATO
cell 1, section chief of Thiotte, died in 1976. Jacques
DELILLE died in 1975. Servilus
EXANTUS cell 7, Cul de Sac, attorney, professor, released in 1972, arrested
again in January 1973, died in July 1976 of tuberculosis. Ponax
EXANTUS cell 8, Arcahaie, student,
died in 1975 of tuberculosis. Rameau
ESTIME cell 1, deputy, Duvalier
supporter from the first, died on May 13, 1976 of diarrhea and
malnutrition. Wilterm
ESTIME cell 5, died in 1976. Gesulmé
EUGENE cell 1, Plaine du Cul de
Sac, teacher, released in 1972, arrested again in 1973, died in 1976 of
tuberculosis. EXANTE
cell 2, Arcahaie, died in 1976. Francis
FILS-AIME cell 1, Fort-Liberté, former léopard, died in 1976 of
tuberculosis. Pierre
REQUIERE cell 2, Port-au-Prince
(Delmas), workman, died in 1976 of tuberculosis. René
FRANEX* executed on August 7, 1974. Marie-Thérese
FEVAL* executed on August 7, 1974. Rikitt
FLORESTAL* executed on August 7, 1974. Marcel
GUERRIER cell 5, Plaine du Cul de
Sac, died on October 6, 1975 of tuberculosis Marie
Thérese GASNER cell 10, died in 1976 of tuberculosis. Pierre
GUERRIER died in 1976. Jean
HORNER Duvalierville, coastguard,
died in 1975. Fritz
ICARD cell 2,
Miragoane, died on November 13, 1975 of mental illness. Gérard
JOSEPH cell 7, known as Ibert Jn.
Baptiste, Gonaives, arrested on July 3, 1973, Place Ste. Anne, died in
1975 of tuberculosis. Dagobert
JEAN cell 2, Hinche, former léopard,
died in April 1976 of pleurisy. Théocel
JEAN died in April 1976 in the
National Penitentiary. Ricot
JUNIOR died in August 1975 in the
National Penitentiary. Pierre
JEAN* known as D’Haiti, executed
in March 1976. Maurice
JEAN BAPTISTE cell 1, Jacmel, died on December 4, 1976 of diarrhea. Samson
JEAN-BAPTISTE* executed on August 7, 1974. Antonio
JEAN-BAPTISTE CELL 3, Jérémie, typographer, worked in the State Printing Office,
died in 1976 of tuberculosis. Lucio
JULES cell 3, Jérémie, died
on October 10, 1976 of typhoid. Alius
JOLIMO cell 3, Plaine du Cul de
Sac, peasant, died in 1975 of pleurisy. Vergnaut
JOSEPH cell 6, attorney, and old
man of 60 years of age, died in 1976 of physical weakness. Morency
JEAN cell 3, Marchand, peasant,
died in 1977 of tuberculosis. Franck
JASSIN cell 7, Port-au-Prince
(Section Sou Dalle), teacher, died in 1976 of tuberculosis. Lession
JOSEPH cell 6, Arcahaie, hougan
(voodoo priest), died in 1975 of tuberculosis. Saint-Vilus
JEAN PIERRE cell 5, Plaine du Cul de Sac, peasant, died on March 10 of infectious
diarrhea and pulmonary tuberculosis. Antoine
JEAN NOEL cell 3, Quanaminthe, died on February 1974 of malaria and physical
weakness. Resius
JEAN BAPTISTE cell 1, Pétion-Ville, died in February 1975, constipated for 22
days. Emmanuel
JEAN POIS cell 1, Croix des Bouquets, shopkeeper, died in 1975 of tuberculosis. Henri
JEAN cell 4,
Port-au-Prince, died in 1976 of tuberculosis. Oswald
JULES Verrettes, Assistant
Government Commissioner, died in 1976. Chery
LOUISSAINT cell 8, Arcahaie, student, died in 1976 of tuberculosis. Marcel
LAFORET cell 8, Jérémie,
agronomist, living in St. Marc, producer of “Niko”, “clairin”
(local rum drink), died in July 1975 of tuberculosis and mental illness. Pierre
LAURENT cell 8, Port-au-Prince,
tailor, arrested after the Gaillard affair, died in 1975 of
tuberculosis. Hubert
LEGROS cell 6, Port-au-Prince, died
on December 19, 1975 at 5:00 a.m. of diarrhea and tuberculosis. Loner
LIVERT cell 5, Port-à-Piment,
student, died on July 19, 1976 of tuberculosis. Rodrigue
LAFORTUNE cell 5, Plaine du Cul de Sac, peasant, died on November 18, 1975 of
tuberculosis. Ives
MUZAC cell 1, Jacmel,
student, died in June 1976 of tuberculosis. Gérard
MICHEL died in 1975. MERCERON
cell 7, known as Guantanamo, Port-au-Prince, sailor, died in 1976
of tuberculosis. MENELAS
cell 8, known under the name of Aysi, Plaine du Cul de Sac,
brought up in the Dominican Republic, former jailer in the Great Prison,
involved with Kesner Blain, died in 1976 of tuberculosis. Cheres
Louis MAX cell 2, Plaine du Cul de Sac, peasant, died in October 1975 of
tuberculosis. Louis
NOEL cell 6,
Quanaminthe, died in 1976 of a liver ailment. Jean
NAPOLEON Croix des Bouquets, died
in December 1972. Jean
Marc NERESTAN cell 3, Port-à-Piment, tailor, died in 1976 of tuberculosis. Semonvil
OSIAS cell 2, Cap-Haitien,
attorney, died in June 1975. Cambrone
OBANO cell 8, Arcahaie, died in
July 1976 of diarrhea. Charles
OCTA Arcahaie, died in 1975 of
diarrhea. Salma
PIERRE-PAUL cell 3, St. Marc, lawyer, professor, died on September 17 of
tuberculosis. PIPIRITE
cell 3, Barradère, died in 1976 of diarrhea. Charles
PIERRE* executed on August 7, 1974. Darty
PHILIPPE cell 3, Limbé, died in
November 1973 of tuberculosis. Oveny
PAUL* executed on August 7, 1974. Luc
PIERRE-PAUL cell 2, Port-au-Prince,
accountant working with an English insurance company, died in July 1976,
suffering from mental illness. Jacques
PAUL cell 8, Port-au-Prince, son of
Paulette Sicot, died in 1976 of tuberculosis. Lubin
PIERRE-LOUIS cell 5, Arcahaie, died on November 1, 1975 of physical weakness. Edouard
PIERRE arrested in 1974, died in
1975. Eddy
PRICE died in March
1976. Des
PREDESTANT* executed in August
1974. Jean-Claude
PHANOR cell 2, former léopard, died on May 3, 1976. Ronald
PERARD* executed in August 1974. Bertrand
RAYMOND cell 1, known as Ti Baron, Plaine du Cul de Sac, professor, died in
1975 of tuberculosis. Jean-Louis
ROY* executed in March 1976. Jean
ROBERT cell 6, alias Derecul,
Arcahaie, coastguard, died in 1976 of tuberculosis. Timothé
ROSSINI cell 6, mason, Arcahaie
(Carrefour Pois), died in 1975 of diarrhea. RAOUL
cell 4, former detective, militia-man, died in 1976 of
tuberculosis. ROMEL
cell 7, died in 1975 of tuberculosis. Annouce
REBECCA cell 3, Cavaillon, former
militia-man, died on October 10, 1972 of tuberculosis. REYNOLD
companion of Dagobert Jean (former léopard), died in
October 1976. Jilmiste
SYLVESTRE cell…, shoemaker, Port-au-Prince, died on November 1, 1976 of
tuberculosis. Thelismon
SALADIN cell 1, La Tremblay, peasant, died on December 31, 1976. |
