In a letter released today, Human Rights Watch/Americas called upon Madeleine Albright, the U.S. Secretary of State who is traveling to Haiti on Friday, October 17, to demonstrate a genuine U.S. commitment to democratic values in Haiti by lifting impediments to justice for Haitian human rights victims.
By refusing to return materials seized from the Haitian military in September 1994, repeatedly suspending the deportation of Haitian paramilitary leader Emmanuel Constant from New York, and failing to disclose documents detailing U.S. investigations of atrocities, the Clinton Administration has impeded Haiti's progress in prosecuting those responsible for serious human rights abuses.
José Miguel Vivanco, the executive director of Human Rights Watch/Americas, asserted that the U.S. government's refusal to cooperate with Haiti's efforts to build the rule of law has damaged U.S. credibility. Vivanco stated, "While the U.S. government formally endorses programs designed to improve Haiti's justice system, it is simultaneously obstructing efforts to establish justice for Haitian human rights victims." The rights group invited Secretary Albright to remedy these U.S. actions by ordering the immediate return of the FRAPH materials to the Haitian government; revoking the suspension of deportation granted FRAPH leader Emmanuel Constant; and promptly providing Haitian prosecutors with all documents detailing U.S. investigations of the 1993 Cité Soleil and 1994 Raboteau massacres.
October 16, 1997
Madeleine Albright
Secretary of State
U.S. Department of State
Washington, D.C. 20520
Dear Secretary Albright:
Since the restoration of democratic government to Haiti, the United States has played a leading role in reforming the Haitian police and judiciary and supporting elections. However, by refusing to return materials seized from the Haitian military in September 1994, repeatedly suspending the deportation of Haitian paramilitary leader Emmanuel Constant from New York, and failing to disclose documents detailing U.S. investigations of atrocities, the Clinton Administration has impeded Haiti's progress in prosecuting those responsible for serious human rights abuses. In your coming visit to Haiti, Human Rights Watch/Americas urges you to demonstrate a genuine U.S. commitment to democratic values and the rule of law by lifting these impediments to justice for Haitian victims of human rights abuse.
For over three years, the U.S. government has refused to return approximately 160,000 pages of documents and other materials seized in 1994 from the Haitian military and the paramilitary group, the Front for the Advancement and Progress of Haiti (Front pour l'Avancement et Progrés d'Haïti, FRAPH). Reportedly founded with CIA assistance, FRAPH was responsible for atrocities under the military government that ruled Haiti from 1991 to 1994. The U.S. continues to insist that the documents will be returned only after the names of U.S. citizens have been excised, apparently for the illegitimate purpose of covering up U.S. complicity in political murder and other abuses, particularly the relationship between U.S. intelligence assets and the military government and FRAPH. Ambassador William Swing has stated that the U.S. government already removed information identifying U.S. citizens from 113 pages of the materials.
In August 1997, as it had in 1996, the State Department acted to prevent the deportation of FRAPH leader Emmanuel Constant, who had received regular CIA payments while directing the paramilitary organization. Arguing that Constant's return to Haiti might cause instability and burden the judicialsystem, the State Department allowed him to remain in New York with a work permit. This kept Constant, who is wanted for serious human rights crimes in Haiti, out of the reach of Haitian prosecutors, despite assurances by high-ranking Haitian officials that he would receive a fair trial.
The U.S. government also has failed to turn over important investigative materials to the International Lawyers' Bureau, a special prosecution team of the Haitian justice ministry, despite requests by Haitian authorities. The Lawyers' Bureau is preparing trials of those accused of the December 1993 massacre of at least thirty residents of Cité Soleil and the 1994 massacre of at least fifteen individuals in Raboteau, near Gona‹ves, both of which were committed by Haitian soldiers and FRAPH members. U.S. authorities, including Amb. Swing, conducted inquiries into these incidents shortly after they occurred, and reportedly have prepared written summaries of their findings. However, in June 1997, the State Department denied Haiti's request for expedited delivery of the Cité Soleil materials. The State Department still has not responded to Haiti's March request for expedited delivery of the Raboteau materials.
The U.S. government's refusal to cooperate with Haiti's efforts to build the rule of law has damaged U.S. credibility. While the U.S. government formally endorses programs designed to improve Haiti's justice system, it is simultaneously obstructing efforts to establish justice for Haitian human rights victims. Human Rights Watch/Americas therefore urges you to order the immediate return of the FRAPH materials to the Haitian government, without any excision of the names of U.S. citizens; to revoke the suspension of deportation granted FRAPH leader Emmanuel Constant; and promptly to provide Haitian prosecutors with all documents detailing U.S. investigations of the Cité Soleil and Raboteau massacres.
Sincerely,
/s/
José Miguel Vivanco
Executive Director
Human Rights Watch/Americas
