PRESIDENT ALEXANDRE RESISTS RELEASING NEPTUNE

UNCLAS PORT AU PRINCE 000756 SIPDIS SENSITIVE SIPDIS STATE FOR WHA/CAR DRL S/CRS SOUTHCOM ALSO FOR POLAD STATE PASS AID FOR LAC/CAR INR/IAA (BEN-YEHUDA) TREASURY FOR MAUREEN WAFER E.O. 12958: N/A TAGS: PGOV PREL PHUM KJUS HA SUBJECT: PRESIDENT ALEXANDRE RESISTS RELEASING NEPTUNE REF: A. PAUP 669 AND PREVIOUS ¶B. 05 PAUP 2371 ¶1. This message is sensitive but unclassified -- protect accordingly. ¶1. (SBU) Summary. President Boniface Alexandre on April 25 restated his firm position in a discussion with the Ambassador that imprisoned former prime minister Yvon Neptune must request a humanitarian release through legal channels. The Ambassador emphasized that the Neptune issue represented a potential obstacle to the smooth transition of power and urged the President to release Neputne outright. An appeals judge in the departmental capital Gonaives is scheduled to rule on the appeal of several of Neptune's codefendants in the case stemming from the alleged massacre of Aristide opponents in February 2004, in the La Syrie neighborhood of St. Marc. Neptune dismissed his lawyers, did not file an appeal, and refuses to take any legal steps to request his release. Post will continue to press the IGOH on this matter, but expects no active cooperation from Alexandre or Neptune. End Summary. ¶2. (SBU) The Ambassador raised Neptune's continued imprisonment and asked Alexandre to consider granting Neptune a humanitarian release at the conclusion of a discussion of other issues at the National Palace on April 25. She stressed that if left unresolved, Neptune's case would become an unwelcome distraction for the Preval government and a potential complication in the close relationship between Haiti and the U.S. The Ambassador noted that many in the U.S. regarded Neptune as a political prisoner, and that his case could potentially jeopardize the critical assistance and cooperation the U.S. provided to Haiti. ¶3. (SBU) Alexandre bristled at the suggestion that Neptune was a political prisoner, noting that prosecutors had developed an extensive dossier of evidence against him. He also restated legalistic arguments he had previously made to us and other international leaders including SRSG Valdes: Neptune's case was in the hands of the judiciary and he could not act unilaterally to release him. He had always stressed reconciliation and had personally intervened to arrange Jean-Juste's release, but only after Jean-Juste took the necessary legal steps. He personally had taken political risks in arranging medical treatment for Neptune outside of prison last year. Neptune would now have to take the same steps as Jean-Juste. Neptune not only refused to cooperate, but insisted that the government drop all charges. ¶4. (U) The appeals court in Gonaives will reportedly issue a ruling on an appeal filed in December, 2005 by three of Neptune's codefendants The judge may deny the appeals and hold the case over for trial, dismiss charges against the appellants, or rule that the government has not presented sufficient evidence and dismiss the charges against all the defendants, including Neptune. State prosecutors did present a large body of evidence against the defendants, though legal experts judged most of it to be circumstantial (ref B). Since the government first brought charges against the La Syrie defendents, observers inside and outside the government have maintained that the government ran the risk of a violent demonstrations in St. Marc if authorities did not see through the judicial process. ¶5. (SBU) Comment. Based on our most recent conversations with Neptune and this exchange with the President, we have no expectation that either of them will significantly modify their stances. However, we will continue to consult with the Prime Minister, SRSG Valdes, and other Core Group members in pressing the IGOH through other channels to release Neptune. SANDERSON