JUDICIAL/POLICE BATTLE RAGES

C O N F I D E N T I A L SECTION 01 OF 02 PORT AU PRINCE 002187 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: 11/08/2016 TAGS: PGOV KJUS KCRM SNAR PINR HA SUBJECT: JUDICIAL/POLICE BATTLE RAGES REF: A. PAUP 1734 ¶B. PAUP 1561 PORT AU PR 00002187 001.2 OF 002 Classified By: CHARGE D'AFFAIRS THOMAS C. TIGHE, REASONS 1.4(B) AND (D) ¶1. (C) Summary. Judge Napela Saintil on November 11 recused himself in the case against the Michael Lucius, the third-ranking member of the Haitian National Police (HNP) and director of its investigative unit (DCPJ). Port-au-Prince prosecutor Claudy Gassant (ref B) on November 13 subsequently announced that he would pursue the case against Lucius (presumably naming another judge) and continue to refuse to process cases brought forward by the DCPJ. Ref A details the origins of the dispute, which began in March when Lucius publicly accused Saintil of corruption after Saintil opened an investigation into Lucius' alleged ties to kidnappers. National Assembly President Joseph Lambert also attempted to intervene by forming a special committee and summoning the minister of justice, who refused to appear. For now, HNP Director General Mario Andresol, having threatened to resign if Lucius were made to appear before Saintil, seems strengthened in his position at the head of the HNP. Saintil, whom many informed observers regard as corrupt, is further isolated and discredited. Gassant's actions are the most noteworthy. Brought in by Preval's team to reform judicial administration and attack judicial corruption, Gassant's refusal to assist in brokering a compromise and insistence that Lucius submit to the judicial process, have alienated his allies among the Preval team. His latest move against Lucius in the wake of Saintil's recusal may endanger his own position in the government, in turn dealing a blow to judicial reform. Whatever the outcome, this impasse is another example of President Preval's indecisive management of his government. End Summary. THE BLOW BY BLOW -------------- ¶2. (U) Judge Saintil announced to the press that he took his decision in order to end the bureaucratic stalemate resulting from his pursuit of Lucius. In response to Lucius' ongoing refusal to appear before Saintil, Gassant in late October refused to investigate cases coming from Lucius' investigators. Saintil stated that he had not recused himself under pressure, but indicated that the judiciary officials' failure to enforce the summons against Lucius had forced his hand. After the intervening weekend, Gassant announced that he would continue to investigate Lucius, that he remained a "suspect," that cases originating from the DCPJ remained suspended, and that Lucius could not continue to "challenge the justice (system)." ¶3. (U) The Saintil-Gassant feud boiled over after Haiti's supreme court on October 21 rejected Lucius' appeal to his summons before Saintil (Lucius had appealed on narrow technical grounds, challenging the wording of the summons). Lucius' lawyers thereafter invoked article 19 of the Haitian constitution that stipulates that "high ranking officials" are not subject to arrest without the approval of the president, though the constitution does not make clear whether Lucius' position is subject to that provision. ¶4. (C) In the meantime, President Preval convened the minister of Justice, Gassant, Andresol, and presidential advisor Robert Manuel to attempt to resolve the dispute. Lucius indicated that he would answer the summons if the judiciary transferred the case to another judge. However, Gassant, who is the official responsible for assigning cases to judges within Port-au-Prince, refused to effect a compromise and subsequently publicly declared that Lucius must cooperate with Saintil and submit to the judicial process. Gassant's intransigence has reportedly infuriated Preval and divided his team, with opinion split among who was more to blame, Lucius, Saintil, or Gassant. HNP DG Andresol reported to Emboffs that he had told President Preval that if Lucius were forced to submit to Saintil's summons, Andresol would resign. ENTER PARLIAMENT -------------- ¶5. (SBU) With President Preval failing to arrange a compromise, nor moving to support either Saintil or Lucius, National Assembly President Joseph Lambert moved to bring the issue before the senate during the last week of October. Lambert announced the formation of a special senate committee of inquiry to be headed by Senator Youri Lartortue. Lambert and the committee requested that Minister of Justice Magloire appear before them, but Magloire ignored the request. Saintil on October 27 also officially communicated to Lambert that he would also refuse to appear before a committee headed by Youri Latortue. Saintil wrote to Lambert that Latortue was his "arch enemy" having refused to testify during the 2000 Raboteau massacre trial, over which he presided. Saintil further accused a security agent of Latortue's, Leon Leblanc, of attempting to assassinate him in March, 2004. WINNERS AND LOSERS -------------- ¶5. (C) COMMENT. Saintil's recusal would have ended this impasse, but Gassant's insistence that Lucius answer the summons appears to have put him on a collision course with the rest of the GoH. Our contacts judge that Gassant is motivated by a desire to uphold the letter of the law, but many also believe that he has crossed a line of arrogance and obstinacy that may result in his ouster and will certainly interfere with judicial reform. Preval dislikes Lucius, based on Lucius' controversial tenure in the HNP (ref A),but Preval's refusal to move against him indicates that Andresol's backing of Lucius has been the decisive factor keeping him in place. (Lucius did reportedly tell Andresol that he would accept a transfer to a less visible post within the HNP.) At the root of all of the above machinations lie the institutional weakness of Haiti to resolve these kinds of disputes and Preval's own unwillingness to take decisive action. The more powerful personalities will eventually prevail in this impasse, but Haiti's judiciary and police will be further weakened in the process. TIGHE