JUDICIAL/POLICE TENSIONS REEMERGE

C O N F I D E N T I A L PORT AU PRINCE 000089

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: 01/19/2017
TAGS: PGOV PHUM PREL HA
SUBJECT: JUDICIAL/POLICE TENSIONS REEMERGE

REF: A. 02187

B. 02453

Classified By: CDA T. CLIFFORD TIGHE, REASONS 1.4(B) AND (D).


1. (U) Chief Prosecutor for Port-au-Prince Claudy Gassant
announced on January 7 that the previous night unknown
individuals purportedly entered the prosecutors' office and
stole investigation files and weapons and other evidence held
in pending cases. Gassant also criticized the Haitian Nation
Police (HNP) for its failure to provide adequate security at
the prosecutors' office, despite Gassant's previous requests
for HNP presence at the facility.


2. (U) On January 10, Minister of Justice Rene Magloire,
Secretary of State for Public Security Luc Eucher, and HNP

SIPDIS
Director General Mario Andresol appeared unannounced at
Gassant's office to investigate the incident, accompanied by
several journalists. The trio interviewed the court clerk on
duty during the break-in and other office staff. Immediately
afterwards, Magloire and Eucher stated on camera that there
was no evidence of forcible entry and implied that Gassant
may have made up some or all of the account. They also
questioned why Gassant's office would have weapons on the
premises. Andresol made no public comments.


3. (SBU) Gassant counter-charged that the delegation had
conducted an unauthorized investigation without his knowledge
or presence -- Gassant later told Polcouns he believed
Andresol and Eucher deliberately sought to embarrass him --
and that he would not return to work until the minister of
justice reconfirmed the respective authority of the police
and judiciary and set up an independent inquiry into the
break-in at his office. President Preval also entered the
fray at a press conference on January 11 on his return from
Nicaragua, criticizing the manner in which Magloire and
Eucher conducted their investigation.


4. (SBU) Gassant reaffirmed to Polcouns on January 17 that he
had no intention of resigning, but would not return to work
until the justice minister answered his letter, which he had
forwarded on Friday, January 12.


5. (C) Comment: This conflict, at root, appears to be a
simple personality clash between Gassant and Andresol, and to
a lesser extent Gassant and Eucher. By Gassant's own
account, he maintained a friendly relationship with Andresol
dating from when both were in exile in Miami (at the end of
Aristide's last term) up to his re-appointment as chief
prosecutor. When he failed to back HNP official Michael
Lucius unconditionally in his dispute with Judge Napela
Saintil, however, the relationship fractured (reftels).
Gassant offers justifiable and reasonable explanations for
all his actions, but based on our limited contact with him he
appears to be an exceedingly difficult person to work with:
arrogant, uncompromising, and prone to interminable
legalistic lectures in his own defense. The minister of
justice may intercede and mediate the tensions between the
two sides, but he is not a forceful personality and did
nothing to resolve the first dispute between Lucius and
Saintil. It appears that the tension between two
exceptionally strong personalities, Andresol and Gassant,
will persist, complicating efforts to improve security and
implement police and judicial reform.
TIGHE