Identifier
Created
Classification
Origin
06PORTAUPRINCE940
2006-05-25 13:58:00
UNCLASSIFIED
Embassy Port Au Prince
Cable title:
PROSECUTOR ASKS APPEALS COURT TO DISMISS CHARGES
how-toVZCZCXRO7644 PP RUEHQU DE RUEHPU #0940 1451358 ZNR UUUUU ZZH P 251358Z MAY 06 FM AMEMBASSY PORT AU PRINCE TO RUEHC/SECSTATE WASHDC PRIORITY 3127 INFO RUEHZH/HAITI COLLECTIVE RUEHBR/AMEMBASSY BRASILIA 1065 RUEHSA/AMEMBASSY PRETORIA 0910 RUEHQU/AMCONSUL QUEBEC 0484 RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL RUCNDT/USMISSION USUN NEW YORK 0910
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
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
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