HAITI: DAS PATRICK DUDDY'S ENCOUNTERS WITH FATHER

C O N F I D E N T I A L SECTION 01 OF 02 PORT AU PRINCE 000110 SIPDIS SIPDIS STATE FOR WHA/CAR S/CRS SOUTHCOM ALSO FOR POLAD STATE PASS AID FOR LAC/CAR INR/IAA (BEN-YEHUDA) WHA/EX PLEASE PASS USOAS E.O. 12958: DECL: 01/12/2016 TAGS: PGOV PHUM PREL HA SUBJECT: HAITI: DAS PATRICK DUDDY'S ENCOUNTERS WITH FATHER JEAN-JUSTE AND FORMER PM NEPTUNE REF: A. PAP 0039 Classified By: Charge d'Affaires Timothy M. Carney for reasons 1.4 (B) AND (D). ¶1. (C) Summary: DAS Patrick Duddy met with both Father Gerard Jean-Juste and former Prime Minister Yvon Neptune at the Pacot Prison Annex during a trip to Haiti on January 11. His visit with Jean-Juste came on the heels of his January 10th examination by a local physician, which resulted in confirmation of a positive leukemia diagnosis. During his conversation with former Prime Minister Yvon Neptune, the DAS broached the issue of a transfer from the Pacot Prison Annex to MINUSTAH's Argentine hospital for monitoring. Unyielding in his demand for an unconditional release, Neptune again declined any resolution to his situation based on his health. Interim Prime Minister Gerard Latortue's assured the DAS that he would positively consider Jean-Juste's medical transfer, and on 13 January told Charge the government will support Jean-Juste's lawyers request to the responsible magistrate to permit him to go abroad for treatment. We have made it clear that the leukemia diagnosis had been confirmed and that we expected a quick transfer abroad for needed medical treatment. End Summary. Latortue Pledges Support for Jean-Juste and Neptune to DAS -------------- -------------- ¶2. (C) DAS Patrick Duddy discussed the cases of former PM Yvon Neptune and Father Gerard Jean-Juste (septel) with Interim Prime Minister Gerard Latortue on January 11. Earlier, Latortue had promised Charge Griffiths that he would allow Jean-Juste to seek treatment abroad for leukemia if the diagnosis could be confirmed by a local physician first (reftel). He also agreed to allow Jean-Juste to select the doctor and the local clinic to conduct the testing. SRSG Juan Gabriel Valdes also agreed to provide a MINUSTAH security escort for the examination transfer (NOTE: After extensive last-minute negotiations with the PM, the Minister of Justice and prison officials, embassy human rights officer accompanied Jean-Juste to the clinic on January 10 and obtained a copy of hematologist Dr. Jacques Boncy's analysis of the blood smear, in French, confirming a leukemia ;diagnosis. END NOTE). DAS Duddy provided Latortue with the copy of the letter and Latortue instructed that Jean-Juste's lawyer, Mario Joseph, would need to make a formal request to the State Prosecutor for Port-au-Prince for his release and treatment abroad. The PM reaffirmed that he would support the request for treatment once filed. He called Charge 13 January and confirmed that, he, the President and the Justice Minister will support Jean-Juste's lawyers request for release for treatment abroad. ¶3. (C) Latortue also told DAS Duddy that he supported Neptune's transfer to the Argentine hospital, an offer proposed by SRSG Valdes. Latortue said he was given the impression that Neptune had agreed to the transfer over the course of the weekend (NOTE: SRSG Juan Gabriel Valdes told Charge on January 8 that a team from MINUSTAH's human rights office had visited Neptune and tried to convince Neptune to move to the Argentine hospital for the sake of his health. Valdes relayed to Charge that Neptune refused any move unless he is completely exonerated of all charges. END NOTE.) Furthermore, Latortue expressed his preference that the next government deal with the issue of Neptune's release. Jean-Juste Wants Treatment Abroad -------------- ¶4. (C) DAS Duddy met with Father Jean-Juste at the Pacot Prison Annex one day after his examination at a local hospital confirmed a leukemia diagnosis. Duddy relayed Latortue's instruction to Jean-Juste and his lawyer to file the request for treatment abroad to the State Prosecutor. Jean-Juste said that he talked with his lawyer Mario Joseph, who said the investigating judge in his judicial case had already refused to consider a release for medical treatment. PORT AU PR 00000110 002 OF 002 Duddy told Jean-Juste that he considered his possible release for treatment as a humanitarian issue and that in light of the PM's recent assurances, his lawyer should submit the request again. Joseph arrived at the annex before Duddy departed and promised to submit the letter again by the end of the day. At the Annex, Former PM Neptune Intransigent -------------- ¶5. (C) DAS Duddy met with Yvon Neptune in his private room in the prison annex. Neptune appeared in stable condition despite his continued hunger strike and rumors of his demise in early January. Duddy's long conversation with the former PM showed his mind remains sharp. Duddy pressed Neptune to accept Valdes and Latortue's deal of the transfer to the Argentine hospital. Neptune replied that he would "never" agree to such a deal that would emphasize his health over justice. He would only leave the annex if the government "issued him release papers." Duddy asked Neptune what he thought would happen to him after the elections. Neptune said he felt that the election of a new government would have no impact on his situation at all. ¶6. (C) Comment: The PM's initial presentation of the cases of Neptune and Jean-Juste is another example of his diplomatic skills with visitors. Now that Jean-Juste's diagnosis has been confirmed by a local doctor, the ball is in the government's court and that of the judiciary. In follow up conversations with Charges on January 11, 12 and 13, the PM agreed to move forward on the transfer. Sustained USG pressure will continue in order to get Jean Juste to life-saving treatments. Despite best efforts, it seems as though any creative solutions for resolving Neptune's case have been exhausted, at least until the transition. Even then, his fate will depend greatly on who wins the elections. TCARNEY