HAITI: UPDATE ON ARRESTS OF TWO TOP POLICE

C O N F I D E N T I A L SECTION 01 OF 03 PORT AU PRINCE 002942

SIPDIS

SOUTHCOM ALSO FOR POLAD
WHA ALSO FOR USOAS

E.O. 12958: DECL: 11/27/2015
TAGS: PGOV PHUM PREL HA
SUBJECT: HAITI: UPDATE ON ARRESTS OF TWO TOP POLICE
COMMANDERS IN CONNECTION WITH MARTISSANT SOCCER DEATHS

REF: PAP 2785

Classified By: CDA ERNA KERST, REASONS 1.4(B) AND (D).


1. (C) Summary: Director General of the Judicial Police
(DCPJ) completed the criminal investigation into the August
20 soccer match operation in Martissant and submitted the
report to the Port-au-Prince State Prosecutor's office on
November 7. The complete report contains over 900 pages of
interviews and evidence and directly names former Western
Departmental Director (DDO) Carlo Lochard as the principal
accomplice of the illegal police operation which turned
deadly. Both Lochard and former Director of the
Administrative Police (DCPA) Renan Etienne answered questions
before investigating judge Peres Paul on November 22 and were
returned to the Annex of the National Penitentiary in Pacot.
Lochard supporters, comprised mostly of decommissioned police
officers, have taken to the streets in recent weeks to call
for his release. Also, Pierre Esperance of the National
Network of Defenders of Human Rights (RNDDH) told poloff that
he thinks Lochard cronies in the Justice Ministry may be
pressuring investigating judge Paul to release him. Haitian
National Police (HNP) Director General Mario Andresol won a
huge victory in the battle against impunity by arresting
Lochard and Etienne but he will continue to require our
support to fight impunity within the ranks of the force. End
Summary.

DCPJ's Report
--------------

2. (U) Judicial Police Director (DCPJ) Michael Lucius
transmitted the final report to State Prosecutor for
Port-au-Prince Alce Emane on November 7. The summary of the
facts were in line with those outlined in the internal
Inspector General's report (reftel). The conclusions of the
DCPJ's criminal investigation enumerates the specific acts
undertaken illegally and in violation of the HNP code of
conduct which amounted to criminal negligence on the part of
the former DDO and DCPA. The DCPJ's report, however, lays
direct blame on Carlo Lochard for having ordered and planned
the illegal operation. Among other conclusions the main
points of the report are:

-- The operation by the police in Martissant at St.
Bernadette's Park was conducted outside of all legal
boundaries;

-- From beginning to end, DDO Lochard failed to follow proper
steps in HNP procedure. Therefore, Carlo Lochard is the
principal in all acts committed by the police during the
August 20, 2005 operation in Martissant;

-- DCPA Renan Etienne is also implicated for his failure to
advise Lochard against undertaking this operation and for
providing Lochard with the additional reinforcements from the
specialized Crowd Control (CIMO) and SWAT Units. Etienne
also failed to provide an honest report of the incident to DG
Andresol;

-- As a result, eight (8) people were killed, five (5) of
which were recovered at the State University Hospital's
morgue. Of the five at the morgue, four (4) died as a result
of gunshot wounds from HNP weapons;

-- Four (4) people were injured as a result of machete wounds.

Lochard's Lawyer Pleads His Case
--------------

3. (C) Martine Chevalier, a member of Carlo Lochard's legal
team, met with poloff on November 17 to discuss his case.
Chevalier is a lawyer with the law firm headed by Carlo
Lochard's brothers, Guy and Jean Lochard. In Lochard's
defense, Chevalier said that Lochard was only doing his job
in attempting to bring security to the population and if he
was guily of anything it would be an "administrative error"
for failure to file the appropriate requests and reports to
DCPA Etienne before and after the operation. She
characterized the Inspector General's internal report as
favorable to Lochard while placing the onus squarely on
Etienne's shoulders for sending the specialized units without
the proper paperwork (according to the HNP code of conduct,
only the DCPA can authorize the deployment of specialized
units like SWAT and CIMO).


4. (C) Chevalier further argued that Lochard's arrest was
illegal and arbitrary because it was executed after 8 p.m. in
the evening and without a warrant (according to Haitian law,
arrests cannot be made between 8 p.m. and 5 a.m.). The firm
filed a request with the chief judge of the court of first
instance to have Lochard released based on those grounds
(NOTE: The letter was also signed by other members of the
legal team, including the head of the bar association of Port
au Prince (and former candidate for Minister of Justice
Gervais Charles),former Ministers of Justice Jean Joseph
Exume and Garry Lissade. END NOTE). Once investigating
judge Peres Paul has completed his investigation, he will
recommend whether to release Lochard on those grounds or to
hold him for trial. Even though she does not represent
Etienne, Chevalier conveyed Etienne's speculation that
Andresol arrested him and Lochard to settle a personal score
with them for having participated in his arrest under
Aristide in 2002. She said that Lochard did not share that
sentiment. Chevalier added that Lochard is a humble, common
"man of the people" who still lives at home with his mother.
She pointed to the recent demonstrations by supporters
calling for his release as evidence of his popularity (NOTE:
Most of the demonstrators are decommissioned police officers
Andresol recently fired for participating in corruption. END
NOTE).

HR Community's role in the Investigation
--------------

5. (C) Director of the National Network of Defenders of Human
Rights (RNDDH) Pierre Esperance told poloff November 18 that
he was pleased that DCPJ Lucius had completed his
investigation. Esperance said that once his organization
RNDDH issued its report on Martissant in September, and in
concert with the Embassy's continued pressure for the police
to conduct an investigation, the DCPJ asked for RNDDH's
assistance in interviewing witnesses and gathering evidence.
Esperance further lauded DG Andresol's courage in following
through on the Etienne and Lochard's arrest. Esperance
recalled the phone call Andresol made to him on the morning
of November 4, the day of the arrests. According to
Esperance, Andresol wrestled with the decision he faced on
whether to arrest these two high-ranking HNP officials and
the implications for his personal security. Esperance said
he advised him to take the strong stand to demonstrate his
ability to fight impunity at every level in the HNP.

Lochard's Possible Release?
--------------

6. (C) Esperance shared with poloff his reservations about
the success of the judicial process against the two officers,
mainly Lochard. Esperance believes that Lochard has a strong
crony network in the judicial system that will act in concert
to get him released from jail. In addition to the
high-powered legal team compiled by his brothers, which
includes former Ministers of Justice, he also has a strong
ally of the current Minister of Justice's chief advisor
Carlos Hercule (NOTE: Before arriving at the Justice Ministry
in July 2005, Hercule was advisor to the head of the
Port-au-Prince Bar Association Gervais Charles. Charles is
currently a member of Lochard's legal team. END NOTE).
Esperance noted that since Etienne and Lochard's arrests,
Minister of Justice Henri Dorleans has been noticeably silent
on their cases. He does not think that the Minister will
intervene on behalf of Lochard, but he feels strongly that
Hercule might place pressure on the investigating judge to
call for Lochard's release. He also pointed out that Lochard
remains the only officer out of the 15 who wasn't
decommissioned as a member of the HNP and he is technically
still a member of the force.


7. (C) Esperance also characterized investigating judge Peres
Paul as largely corrupt and a judge who only takes a case
"where money is involved" (Chevalier claimed that Paul
initially refused to accept the case because he did not have
a vehicle available to help him in conducting the
investigation. A car was eventually made available to him
and he agreed to take the case.) As part of the judge's
investigation, Lochard and Etienne answered questions before
the judge on November 21 and were returned to the Pacot
Prison Annex on the same day. As of November 29, Judge Peres
Paul had completed his interviews of all but 4 of the 15 who
are currently in prison in relation to the Martissant
operation.


8. (U) On a positive note, the government has publicly shown
support for Andresol. During a meeting with poloff on
November 23, Secretary of State for Public Security David
Bazile asked for the embassy's continued support for the
Justice Ministry's efforts at professionalizing the HNP. In
a November 24 statement, the IGOH's Council of Ministers
reiterated its determination to professionalize the HNP and
called on the DG to continue to respect the rules and
principles governing the force. The communiqu also stated
that the judicial authorities have the sole competence to
determine the guilt or innocence of an officer. In a
November 28 press conference, SRSG Valdes also voiced support
for further HNP reform and specifically congratulated the
efforts of DG Andresol.


9. (C) Comment: Andresol may have won this battle but the war
on impunity within the HNP is far from over. If Esperances's
assertions hold true and Lochard goes free, Andresol's
actions will have been in vain with risk to future HNP
professionalization efforts and an even greater risk to his
own life. We will continue to express our support for
Andresol and his police reform measures.
KERST