HEAD OF ANTI-CORRUPTION UNIT ARRESTED

C O N F I D E N T I A L PORT AU PRINCE 000950

SIPDIS

STATE FOR WHA/CAR WHA/EPSC EB/IFD
INR IAA/MAC (BEN YEHUDA)
STATE PASS TO AID FOR LAC/CAR
TREASURY FOR JEFF LEVINE
USDOC FOR 4322/ITA/MAN/WH/OLAC (SMITH, S.)

E.O. 12958: DECL: OADR
TAGS: KCRM EFIN PGOV HA
SUBJECT: HEAD OF ANTI-CORRUPTION UNIT ARRESTED

Classified By: ADCM Paul Folmsbee. Reason 1.5 (d)


1. (C) SUMMARY: The May 22 arrest of the head of the
Haitian anti-corruption unit, Jean-Yves Noel, on kidnapping
charges has created a swirl of controversy. Many believe
that his arrest is revenge for Noel's pursuit of corrupt
Aristide cronies, while others think that it is payback for
Noel's own corrupt activities on the side. Either way, the
case is another indictment of the dysfunctional Haitian
justice system. END SUMMARY

UCREF Head Arrested
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2. (U) The head of the Haitian anti-corruption unit,
Jean-Yves Noel, was arrested May 22 and charged with
kidnapping. Noel's group, UCREF (Unite Centrale de
Recherce et dQEnquete Fiscal),had been investigating funds
stolen from the Haitian government during the Aristide
administration.


3. (C) The charges against Noel stem from an incident
several months ago when he ordered that a court employee be
detained when attempting to deliver a judicial order
unfreezing a frozen bank account. The presiding judge in
the case, Jean Peres Paul, told the press that Noel was
arrested because he failed to appear at a May 2 court
hearing concerning the detention. Noel is being held in
the Port-au-Prince penitentiary.

Arrest Condemned by Human Rights Groups
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4. (C) A coalition of human rights groups issued a
communiqui condemning the arrest and calling for his
immediate release. The communiqui notes that his arrest
came precisely at the moment that the country is installing
a new government and that those responsible for previous
financial crimes have still not been brought to justice.
In addition, in Parliament May 24, Deputy Guy Gerard
Georges (Union) highlighted the case, calling on the
Haitian government to stop persecuting honorable and honest
citizens.

But What is the Real Story Behind the Arrest
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5. (C) Speculation is rife in the capital about the real
reason for the arrest. One troubling theory is that now
that Preval has been elected President, AristideQs allies
have become emboldened. Noel's arrest was partially so
that AristideQs corrupt cronies can get their money out of
the country, and partially simple revenge against Noel for
making their lives difficult. In a variation of that
theory, some believe that Aristide cronies are simply
taking advantage of the power vacuum while Preval forms his
cabinet to go after Noel. However, many believe that
Noel's arrest is not because he was a good soldier in the
fight against corruption, but rather revenge for Noel's own
corrupt activities on the side.


6. (C) COMMENT: Under Noel's leadership UCREF was fairly
ineffective. Noel did not fully cooperate with USG
investigators; in fact more recently his actions in effect
blocked the USG from making progress on several cases,
lending some credence to the theory that Noel was dirty and
this arrest was for another reason. Either way, the case
is an indictment --as if another was needed-- of the
failure of the Haitian justice system and the penchant of
wealthy and influential Haitians for revenge against their
enemies. Post will continue to watch this case closely.
SANDERSON