Please distribute widely: 

July 18, 2006

Half-Hour for Haiti: Ask President Preval To Ensure Justice For Political
Prisoners

Update: We do have some good news this week: Political prisoner Jacques
Mathelier was released on Thursday, July 13, after being acquitted at
trial. Mathelier, the former Delegué (the local representative of the
Executive Branch) of the South Department and the subject of the June 21,
2005 Half Hour for Haiti alert, was arrested in June 2004, on arson and
attempted murder charges. Two years ago, on July 12, a judge ordered him
freed for lack of evidence. The Interim Government of Haiti (IGH)
responded by replacing the judge with a more compliant official. When the
case went to trial last week, there was still no evidence. The prosecutor
did the right thing by asking the court not to convict, and the judge
correctly agreed. Mathelier was represented by Mario Joseph of the Bureau
des Avocats Internationaux (BAI).

Thank you to everyone who signed the open letter to the Haitian
authorities on behalf of justice for Yvon Neptune. Activists in Haiti are
using your signatures for a big push to free Mr. Neptune by the end of
this week. They hope to convince Parliament to vote a resolution in favor
of justice for Mr. Neptune, and are organizing a demonstration on
Thursday. On July 11, U.S. Ambassador to Haiti Janet Sanderson expressed
her concern at Yvon Neptune’s detention.

Annette Auguste has decided not to appeal the recent decision against
her- she would have to go before the Supreme Court, which former Prime
Minister illegally packed with his henchman in December 2005- and to go
to trial as soon as possible. But according to her lawyers, if her case
is not heard during the current criminal court sessions over the next few
weeks, “as soon as possible” could mean December.

On July 5, Haitian death squad leader Emmanuel Constant was arrested in
New York for  mortgage fraud.

Last Saturday’s march in Port-au-Prince for freedom for political
prisoners, the return of  President Aristide and fair treatment for
illegally-fired public employees was a success.

Upcoming Events: Next Tuesday is Call-in Day to the U.S. Congress for
Debt Relief for Haiti, organized by the Jubilee USA Network.  We will
feature the call-in on next week’s alert.

This Week’s Action: Mr. Mathelier’s liberation shows that the justice
system is starting to work. The continued incarceration of Mr. Neptune,
Ms. Auguste and hundreds of other political prisoners shows how much it
is not yet working. On June 20, we asked Haiti’s Minister of Justice to
do better on political prisoner cases, and on June 25, President René
Préval committed his government to the timely release of political
prisoners, especially Neptune and Auguste. But both remain in prison.

Please write directly to President Préval, to thank him for his support
for political prisoners, and encourage him to translate those words into
action. Ms. Auguste’s lawyers have asked us to specifically urge
President Préval to ensure that her case be heard during the current
criminal court sessions. A sample letter is below, as always feel free to
modify it. Letters can be sent directly to President Préval by regular
mail, or you can send them to us by fax: (206) 350-7986 (a U.S. number)
or email: [EMAIL PROTECTED], and we will ensure that they are delivered
promptly.

____________________________________________

Son Excellence René Préval

Président de la République d’ Haïti

Palais National

Port-au-Prince, Haïti

Your Excellence:

I am writing to thank you for the commitment you made to free Haiti’s
political prisoners during your speech in Miami on June 25, and to urge
you to take concrete steps to ensure that those words are translated into
action. I understand that Haiti’s Constitution requires respect for the
Judicial Branch’s independence, but I would suggest several measures that
the Executive Branch may legally take to advance the political prisoner
cases.

First, instruct all officials within the Executive Branch to take every
possible legal step to liberate the political prisoners. Officials who
participate in political persecution, such as Assistant Appeals Court
Prosecutor Florence Mathieu, who urged the court not to free Annette
Auguste during a July 14 hearing, should not be tolerated by a democratic
government.

Second, ensure that judges do not use their Constitutional protections to
violate others’ Constitutional rights. Political persecution is an abuse
of authority, and the Constitution allows the High Court of Justice to
remove judges who abuse their authority. By opening an investigation into
the most abusive judges, you can send a signal that judicial independence
will be respected, but political persecution will not be.

Third, ensure that everyone in the Executive Branch do everything in
their power to allow the case of Annette Auguste and the other defendants
in the December 5, 2003 University Incidents to go to trial during the
current assesses criminelles in Port-au-Prince. Ms. Auguste has already
spent over two years in jail, and four months have passed since the
Commissaire du Gouvernement admitted that there was no evidence of guilt
in her case. The Commissaire du Gouvernement should be informed that this
case is a top priority for the current sessions, and judges, prosecutors,
police and prison officials should be given all the resources they need
to ensure that a fair trial is promptly held.

Thank you for your attention to this matter.

For more information about the Half-Hour for Haiti Program, the Institute
for Justice & Democracy in Haiti, or human rights in Haiti, see
www.ijdh.org. To receive Half-Hour for Haiti Action Alerts once per week,
send an email to [EMAIL PROTECTED]

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