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