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haitian justice on trial

julius bergmann | 18.08.2004 16:00

Following the aquital of acknowledged gangster and insurgent Louis -Jodel Chamblain in a high profile murder trial serious question will be asked about the Hiatin Governments seriousness in pursuing a fair and open society.

Haitian justice on trial

„Fighting against impunity, promoting judicial independence, promoting access to justice, rehabilitating physical infrastructure and promoting legal training and information are therefore priority actions“
Or at least that is the theory in the Exceutive Summary to the recently published „Interim Cooperation Framework“ (ICF) from the interim Government of Haiti. The stopping of the trial and subsequent aquital of Louis-Jodel Chamblain (Port au Prince, Tuesday) suggests the practice on the ground lags somewhat behind.
A former Sergeant in the Haitian Army Chamblain became head of the paramilitary FRAPH after the 1991 coup and led a campaign of torture, maiming and murder until the arrival of US troops in 1994. Chamblain then fled to the Dominican Republic. In 1995 Chamblain, and others, were convicted in absentia of the murder of leading members and supporters of the Aristide government.
Chamblain returned to Haiti in February 2004 and was one of the principle figures in the uprising , leading the armed gangs into Port au Prince where he oversaw the looting and violence against Aristide supporters until the intervention of US troops and his subsequent arrest.

The re-trial of Chamblain, as allowed under Haitian law, was highlighted in the ICF as a marker on Haitis road to internationl reintegration.

The question however is how seriously did the Government pursue the case?

Even as he was being held in prison the reports were off his friendly relations with prison authorities and his overseeing of requests from visitors for meetings with certain high profile prisoners. Minister of Justice Gousse meanwhile publicly declared that Chamblain had nothing to fear from the Haitian justice system. Latortue himself described Chamblain as a freedom fighter.
Large sections of the Haitian countryside remain, in effect, under the control of the same armed gangs who instigated the violence at the start of this year. All agencies active in the rebuilding of Haiti agree that the disarming and disbanding of these groups are essential to Haitis long term success. Excatly the same as was said by the same people following Aristides return in 1995. The failure of the authorities then left the weapons, and the gangs, available for the February uprising. Chamblain belongs to the leading figures of the gangs and any action against him would make negotiaions and advancement neigh on impossible, especially in Cap Haitian (Haitis second city and main town in the north of the land) where Chamblain's co-insurgent Guy Philippe is reported to wield real influence.
Chamblain and his co-accused remain in prison awaiting trial relating to other killings following the 1991 coup. If the subsequent process mirrors the first 14 hour spectacle it will indicate to the outside world the Government of Haitis seriousness in pursuing its promises.

julius bergmann
- e-mail: ju_bergmann@yahoo.de

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