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