PROSECUTOR ASKS APPEALS COURT TO DISMISS CHARGES

UNCLAS PORT AU PRINCE 000940 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: N/A TAGS: PGOV PHUM PREL HA SUBJECT: PROSECUTOR ASKS APPEALS COURT TO DISMISS CHARGES AGAINST LA SYRIE DEFENDANTS ¶1. The appeal hearing for the 30 La Syrie defendants ended on the afternoon of May 23 in Gonaives. Thierry Fagart, the director of MINUSTAH,s Human Rights Section (which has been monitoring the trial),informed poloff that the prosecutor recommended to the court that it overrule the decision of the investigating judge and dismiss all charges against the defendants. Observers expect a decision within two weeks. According to an observer for RNDDH (the National Human Rights Defense Network),before closing the hearing the judges discussed whether they have the ability to make a decision on the status of Yvon Neptune, even though he has not formally filed an appeal. The judges have not yet decided that question. ¶2. Fagart informed poloff that, during the appeal hearing, lawyer Jacob Latortue of Gonaives represented Neptune without Neptune,s approval. In the past, according to Fagart, the prosecutor objected to such unauthorized representation. Recently, however, he stated that the prosecutor has acquiesced to Latortue,s presence. (NOTE: Ex-PM Latortue initially arranged for his &distant cousin8 to represent Neptune at this hearing, but lawyer Latortue withdrew following Neptune,s public denunciation of legal efforts on his behalf. We do not know why Latortue ultimately agreed to represent Neptune. END NOTE.) ¶3. The judges also indicated that they would issue a decision in two days concerning the freedom of the appellants pending the final decision of the court, but again left unclear how they will treat Neptune in that ruling. ¶4. COMMENT: A judge would ordinarily, of course, heed a prosecutor,s recommendation that criminal charges should be dismissed. Throughout the conduct of this case, however, prosecutors and judges have shown themselves to be especially sensitive to local pressure in and around St. Marc and Gonaives to prosecute the perpetrators of the alleged La Syrie massacre. Therefore, the final decision by the judges remains unpredictable. END COMMENT. SANDERSON