HAITI: FATHER JEAN-JUSTE FLIES TO MIAMI FOR

C O N F I D E N T I A L SECTION 01 OF 03 PORT AU PRINCE 000246

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: 01/29/2016
TAGS: PGOV PHUM PREL HA
SUBJECT: HAITI: FATHER JEAN-JUSTE FLIES TO MIAMI FOR
TREATMENT

REF: A. A. PAP 0185


B. B. PAP 0110 AND PREVIOUS

Classified By: CDA TIMOTHY M. CARNEY, REASONS 1.4(B) AND (D).


1. (C) Summary: The Haitian Court of Appeals issued an order
on January 29 authorizing Father Gerard Jean-Juste to fly to
Miami to seek treatment for leukemia. Initially, the IGOH
attempted to let the case wind its way through the Haitian
judicial system, but eventually bowed to weeks of pressure
from Post and the Department to grant Jean-Juste a
humanitarian release (reftels). The provisional release
requires Jean-Juste to return to Haiti once he finishes
treatment to face misdemeanor charges for possession of
illegal arms and for associating with criminals. The
decision to transfer Jean-Juste elicited a mixed reaction in
Haiti as the political class focuses on elections. End
Summary.

Diagnosis Confirmed Locally
--------------

2. (C) On January 10, Father Jean-Juste on January 10
submitted to the government's request that he confirm his
leukemia diagnosis in Haiti before considering a humanitarian
release for treatment abroad (reftel B). Despite PM
Latortue's numerous assurances to Charge Carney, DCM
Griffiths, and DAS Duddy that he would ensure Jean-Juste's
release after the diagnosis confirmation, Latortue
subsequently backpedaled and tried to submit Jean-Juste's
fate to the meanderings of the Haitian legal system.
Meanwhile, Jean-Juste's lawyer Mario Joseph on January 11
requested that the state prosecutor grant a humanitarian
release for his client. At a meeting January 14, Charge
again raised the release issue with the PM. Latortue called
the Minister of Justice who told that him that he expected
the investigating judge to issue his final report
(ordonnance) during the week of January 16. Investigating
Judge Peres Paul issued his report January 18, dropping the
criminal charges of kidnapping and murder of journalist
Jacques Roche, while maintaining the misdemeanor charges of
illegal arms possession and associating with criminals.


3. (C) In a meeting with A/S Shannon on January 20, the PM
again expressed his intention to facilitate Jean-Juste's
humanitarian release, if the judicial system failed to act
quickly on the matter (reftel A). Latortue told A/S Shannon
that if Mario Joseph did not appeal the investigating judge's
decision to charge Jean-Juste with the misdemeanors, then the
case could move to trial as soon as January 25 and the
criminal court judge would impose upon Jean-Juste the minimum
sentence of six months, i.e. time served, and release
Jean-Juste immediately. The PM vowed that both he and
President Alexandre were prepared to sign an amnesty document
in the event that the judge imposed a sentence that exceeded
his time already served (NOTE: Emboff called Mario Joseph on
January 19 urging him not to file the appeal so that the case
could be resolved quickly. Joseph said that unless he
received assurances from the government that the judge would
not impose a sentence greater than six months and release
Jean-Juste, then he would continue to advocate for his
client's innocence and file the appeal. In the end, he filed
the appeal with the State Prosecutor January 20. END NOTE).
The Court of Appeals had ten days to make a judgment on the
appeal.

Jean-Juste's Health Worsens As Pressure Mounts
-------------- -

4. (C) Father Jean-Juste's U.S. physician, Dr. Jennifer
Furin, called human rights officer on January 25 with news
that he had contracted pneumonia and that she would return to
Haiti to examine him the next day. Visiting DRL PDAS Farrar
and Human Rights Officer visited Jean-Juste January 26. He
complained of flu-like symptoms and difficulty speaking. Dr.
Furin confirmed later that day that his leukemia had
progressed rapidly and the pneumonia was a consequence of the
cancer cells taking over all of his infection-fighting white

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blood cells, red blood cells, and platelets. She prescribed
him antibiotics to treat the pneumonia but cautioned that
without appropriate treatment for the cancer, it would only
be a matter of time before he developed another
life-threatening infection.


5. (C) During DRL PDAS Farrar's meeting with Justice Minister
Dorleans January 27 (septel),Dorleans said that the Court of
Appeals had already prepared the order granting Jean-Juste a
medical transfer to a hospital in the capital for treatment
(NOTE: DCM had earlier won agreement of acting UNSRSG Adama
Guindo to admit Jean-Juste to the Argentine's UN hospital for
treatment of the pneumonia. END NOTE). Charge emphasized to
Dorleans the urgency for medical treatment abroad, citing
Jean-Juste's deteriorating condition. Dorleans responded
that the decision on treatment abroad rested with the appeals
court judge, not with him, but that he was certain the
transfer to the Argentine hospital would happen the following
day. Charge argued that Jean-Juste's death in prison because
of the government's failure to release him for treatment
would shape its legacy in the U.S. and in the international
community.

Jean-Juste Humiliated at the Hospital
--------------


6. (C) After further discussions between Charge and Dorleans
that afternoon and following a telephone call from U/S Nick
Burns to Latortue on the evening of January 27, the Court of
Appeals issued an order authorizing Jean-Juste a release for
treatment abroad, under the condition that he submit to an
evaluation first by local oncologists to determine if the
cancer treatment he required could be found locally. On the
morning of January 28, Chief Prison Medical Officer Dr. Elie
prepared the referral for the testing, located the local
cancer specialists, and arranged for Jean-Juste to be
admitted to the best private hospital in the capital, Canape
Vert. With considerable assistance from emboffs, Prisons
Director Wilkens Jean coordinated a medical ambulance with
the Haitian Red Cross and an escort from the HNP and French
UNPOL to accompany Jean-Juste to the hospital. Initially,
Jean-Juste was reluctant about the plan, particularly about
going to Canape Vert hospital saying that, "Reginald Boulous
and his family run that hospital" and he was skeptical that
the administration would admit him as a patient. Human
rights officer convinced him that the plan would work and
that he needed to make sure he carried his passport and green
card with him in case the transfer abroad happened that
afternoon. We understand that U.S. activist Dr. Paul Farmer
called Jean-Juste to urge him to go to Canape Vert Hospital.


7. (C) Father Jean-Juste, accompanied by his lawyer, waited
in the emergency room of the hospital for two hours as his
initial fears were realized. Prisons Director Jean and a
representative of the hospital administration went back and
forth over admitting Jean-Juste to the facility. The
hospital administrators said that all the rooms were occupied
and that they couldn't admit Father Jean-Juste (NOTE: Poloff
walked around an noted that room #24, a VIP suite initially
reserved for Jean-Juste by Dr. Elie, was indeed vacant. END
NOTE). Meanwhile, the oncologists who had earlier agreed to
evaluate him failed to answer their cell phones. The prisons
director called the Minister of Justice who later sent his
chief advisor and cabinet member Carlos Hercule to monitor
events at the hospital. Hercule documented the hospital
administration's refusal to admit the priest and noted that
Father Jean-Juste had tried to comply with the Appeals Court
order but encountered resistance. Hercule suggested that
this move would give the appeals court all of the support it
needed to justify the order transferring him abroad for
treatment the next day. Jean-Juste returned to the Pacot
Prison Annex for the evening.


8. (C) On the morning of January 29, Polcouns and Human
Rights Officer returned to the prison annex to await the
Appeals Court order and transportation to escort Father

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Jean-Juste to the airport in time for the 11:02 a.m. flight
to Miami. Justice Minister Dorleans called Charge around
9:00 a.m. and said that everything was in order. The DCM
updated Jean-Juste's medical team in the U.S. to ensure that
someone would receive him once he arrived at Miami
International Airport. Hercule arrived at the prison at
10:00 a.m. with the Appeals Court order in hand, authorizing
Jean-Juste a provisional release for medical treatment to the
States. The Appeals Court Clerk arrived at 10:10 a.m. to
certify the documents. In the absence of police transport
and with the shenanigans of the prior day fresh in their
minds, emboffs transported Jean-Juste in an Embassy vehicle
and whisked him and his lawyer Bill Quigley to the airport
where they boarded the flight with two minutes to spare.


9. (C) Comment: The doctors failure to examine Jean-Juste at
the hospital humiliated not only him, but everyone present
that day. Ultimately, however, that maneuver provided the
government with a strong foundation for the release abroad.
Jean-Juste's release elicited some protests from
anti-Aristide ranks, but in general the event has passed
without further repercussions. The minor victory in this
case will likely shed more light onto cases of other
political detainees in particular and prolonged pretrial
detention in general. We will continue to monitor this
aspect of the judicial system as part of our larger judicial
reform efforts. End Comment.
CARNEY