Identifier
Created
Classification
Origin
06PORTAUPRINCE1561
2006-08-23 18:05:00
CONFIDENTIAL
Embassy Port Au Prince
Cable title:  

PREVAL APPOINTS FORMER JEAN DOMINIQUE PROSECUTOR

Tags:  PGOV KJUS KCRM PINR AA 
pdf how-to read a cable
VZCZCXRO9015
PP RUEHQU
DE RUEHPU #1561 2351805
ZNY CCCCC ZZH
P 231805Z AUG 06
FM AMEMBASSY PORT AU PRINCE
TO RUEHC/SECSTATE WASHDC PRIORITY 3866
INFO RUEHZH/HAITI COLLECTIVE
RUEHBR/AMEMBASSY BRASILIA 1193
RUEHSA/AMEMBASSY PRETORIA 1035
RUEHQU/AMCONSUL QUEBEC 0562
RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL
RUCNDT/USMISSION USUN NEW YORK 0982
C O N F I D E N T I A L PORT AU PRINCE 001561 

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 USAOS

E.O. 12958: DECL: 08/23/2016
TAGS: PGOV KJUS KCRM PINR AA
SUBJECT: PREVAL APPOINTS FORMER JEAN DOMINIQUE PROSECUTOR


Classified By: AMBASSADOR JANET A. SANDERSON, REASONS 1.4(B) AND (D).
C O N F I D E N T I A L PORT AU PRINCE 001561

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 USAOS

E.O. 12958: DECL: 08/23/2016
TAGS: PGOV KJUS KCRM PINR AA
SUBJECT: PREVAL APPOINTS FORMER JEAN DOMINIQUE PROSECUTOR


Classified By: AMBASSADOR JANET A. SANDERSON, REASONS 1.4(B) AND (D).

1.(U) President Preval on August 18 announced his appointment
of Claudy Gassant to the position of chief investigating
magistrate ("Commisaire du Gouvernement," the equivalent of a
district attorney) for the West Department, which includes
Port-au-Prince. This highly visible and influential position
has responsibility for investigating, prosecuting and
assigning judges to criminal cases within the department.


2. (C) As a lower-level magistrate, Gassant investigated the
April 3, 2000 murder of popular radio journalist and Aristide
critic Jean Dominique. Gassant's principal suspect was
former army officer and notorious Lavalas militant Danny
Toussaint, who as a Lavalas senator at the time of the murder
and investigation enjoyed parliamentary immunity. After the
succession of Jean Bertrand Aristide to the presidency in
February 2001, the Aristide government obstructed Gassant's
investigation, removing his investigative staff and security
detail, while Aristide allies, notably then-Senate President
Yvon Neptune openly ridiculed Gassant's efforts. Citing
ongoing personal attacks, including death threats, Gassant
fled Haiti for Florida in the summer of 2001, returning to
Haiti only to accept his most recent appointment.


3. (C) Comment: Gassant is a talented and well-educated
lawyer, having received two years of special judicial
training in France immediately prior to his appointment as
magistrate under the previous Preval administration. Gassant
developed a reputation for being politically independent,
aggressive and honest, though also arrogant and abrasive
(Note: Gassant is already talking to the press, guaranteeing
improved overall police performance, an area for which he
does not have responsibility). Prime Minister Alexis
indicated that the government hoped Gassant would be able to
mitigate the impact of judicial corruption through his
authority to assign cases. The PM indicated that the
government is, at least for the moment, uncomfortable with
the idea of effectively firing corrupt judges, though Haitian
legal experts maintain that the minister of justice has that
power. The commissaire may also bring criminal charges
against corrupt officials. Marie Yolene Gilles, representing
the Haitian Human Rights Network (a strong advocate of
judicial reform),called Gassant "the perfect man for the
job."


4. (C) Comment continued: Dominique was among Preval's
closest friends and confidantes. Many Haitians viewed
Dominique's murder not only as a reaction to his criticism of
Aristide but as a warning to Preval and further demonstration
of Preval's impotence in the face of Lavalas power during his
first term. To close observers, including Aristide himself,
Gassant's appointment signals a further affront to Arisitide
and his loyalists. This affront will be magnified if Gassant
re-opens, as many Haitians expect, his investigation into
Dominique's murder.
SANDERSON