HAITI: THE PROVISIONAL RELEASE AND STATUS OF YVON

C O N F I D E N T I A L PORT AU PRINCE 001374 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: 07/28/2016 TAGS: PGOV PHUM PREL HA SUBJECT: HAITI: THE PROVISIONAL RELEASE AND STATUS OF YVON NEPTUNE Classified By: AMBASSADOR JANET A. SANDERSON, REASONS 1.4(B) AND (D). ¶1. (C) SUMMARY. Haitian judicial authorities granted former Prime Minister Yvon Neptune a provisional release from prison yesterday, July 27, at approximately 1530 hours on medical grounds. MINUSTAH transported Neptune via ambulance to its field hospital near the Port-au-Prince airport, where he remains. Neptune is weak but he does not appear to be suffering from any acute health problems per MINUSTAH. However, the results of medical exams performed by MINUSTAH doctors are not in yet. There is no indication from the GOH, MINUSTAH or from Neptune himself of how long he will remain at the hospital or of his intentions. Prime Minister Alexis and President Preval,s advisor Bob Manuel provided Ambassador Sanderson insights into the circumstances surrounding Neptune,s release. According to PM Alexis, the release was possible because Neptune allowed a doctor to "look" at him (literally though the door of his room),which set in motion the judicial process leading to Neptune's provisional release. The Preval government is relieved that the issue is coming to closure. END SUMMARY. ¶2. (SBU) Haitian judicial authorities granted Former Prime Minister Yvon Neptune a provisional release from prison yesterday afternoon, July 27. At approximately 1530 hours, MINUSTAH transported Neptune via ambulance to MINUSTAH,s field hospital located near the international airport in Port-au-Prince, where he remains. According to Thierry Fagart, MINUSTAH,s primary contact with Neptune who accompanied Neptune to the hospital, Neptune appeared weak but did not seem to have any health problems requiring emergency medical care. Fagart added that Neptune,s release is provisional, and the charges against him relating to the La Scierie matter have not been dropped. There is no indication from the GOH, MINUSTAH or from Neptune himself of how long he will remain at the hospital or of his intentions. ¶3. (C) The deputy commander of operations for MINUSTAH, LTC Robert Wiedenhaefer, informed Poloff that two Argentine doctors examined Neptune yesterday afternoon and concluded that his condition is ¬ too bad.8 However, the results of tests taken during that exam are not in yet. According to Weidenhaefer, the doctors also stated that Neptune is healthy enough to travel by air with a medical attendant. ¶4. (C) Prime Minister Alexis provided Ambassador Sanderson background on Neptune,s release on July 27. Alexis stated that Neptune recently allowed a doctor to &look8 at him (that is, through the door of his room),allowing the doctor to conclude that Neptune,s health was poor and to report that conclusion to the appeals court. That report enabled the court to grant a provisional release on health grounds, though there was no known health emergency. Alexis, judicial counselor visited Neptune earlier in the day and said that Neptune had agreed to accept a provisional release. (COMMENT: Up to this point, Neptune has refused any such offer. END COMMENT) ¶5. (C) Neptune,s future in Haiti is uncertain, Alexis said, because he no longer has a residence here. The GOH is prepared to make a government house available to him, but Alexis is not sure Neptune will accept it. Alexis acknowledged that he is pleased to have MINUSTAH take this matter over, and bear the brunt of any demonstrations. He is also relieved that this episode, as he called it, is near an end. Alexis added that the Preval government had expected to act on this matter earlier, but hadn,t found a way to make it work. ¶6. (C) President Preval,s advisor, Bob Manuel, informed Ambassador Sanderson that the President did not want the executive branch to interfere in the judicial process. The fact that the release was made by a judge makes it &constitutionally acceptable,8 Manuel said, adding that &we don,t want him to die on our watch.8 SANDERSON