PREVAL TAKES ON IMPUNITY AS HIS NEXT CAUSE, ASKS

C O N F I D E N T I A L PORT AU PRINCE 000102

SIPDIS

SIPDIS

WHA PASS USOAS
NSC FOR FISK

E.O. 12958: DECL: 01/17/2018
TAGS: PGOV PHUM HA UN
SUBJECT: PREVAL TAKES ON IMPUNITY AS HIS NEXT CAUSE, ASKS
UN ASSISTANCE WITH SPECIAL COURTS FOR "BLOOD CRIMES"


Classified By: Ambassador Janet A. Sanderson, reason 1.5(b) and (d).


1. (C) President Preval has told us that he Haitian judicial
system is in no position to mete out justice in the wave of
so-called "blood crimes", notably kidnapping and murder,
which have marked the Haitian landscape for the past few
years. With more than 700 gang members in jail, Preval wants
to demonstrate to his people that Haitian justice is indeed
changing. Towards that end, he will establish special courts
to try individuals for "blood crimes." These courts would
function within Haitian law, but employ "expert advisors"
from abroad to prepare indictments and court dossiers, and
advise on matters of law. Special magistrates and
investigating judges will be selected. We note that the
Minister of Justice tried something similar last year, when
he established a kidnapping working group which prepared the
case for a particularly gruesome kidnapping case. The
defendant was found guilty by a Haitian court.


2. (C) At a pull aside following a meeting with Preval, the
president told me that he had taken this step because he
believes that the Haitian judicial system is irretrievably
corrupt and his government can't fix it at this time. It
will, he argued, take years to weed out all the venal (or
worse) judges. In the meantime, Haitians need some sign that
murderers will be called to account, he stated. Preval
intends to have the courts up and running by June.


3. (C) UNSRSG Hedi Annabi told me that Preval first raised
the possibility of a UN tribunal taking on the issue of blood
crimes here. Annabi backed way from that idea quickly,
observing that there would be no real enthusiasm in the UNSC
for such a proposal. Furthermore, he told Preval, not only
would he (Preval) be accused of selling out to the
foreigners, but the UN would be accused of "recolonizing""
Haiti. Instead, the UN has offered technical experts to help
out with the understanding that they would keep a low
profile. In addition, the UN will provide as-yet undetermined
technical assistance to the Judicial Police (DCPJ) to enable
them to investigate crimes and prepare dossiers more
effectively. Discussions are ongoing between MINUSTAH and the
GOH on modalities of this assistance.
SANDERSON