Raboteau Massacre

Raboteau is a neighborhood by the sea in Gonaïves in north-west Haiti. On April 22 1994, during the 1991-1994 "de facto" military dictatorship that came to power following a coup against Jean-Bertrand Aristide, a group of Aristide supporters were beaten and killed by civilian and para-military forces (including the Front for the Advancement and Progress of Haiti,FRAPH). The raid occurred as part of a nationwide policy to clamp down on pro-democratic activities. During the "de facto" dictatorship, citizens of Raboteau organized demonstrations, hid fugitives and distributed pro-Aristide literature. On April 22nd, the military authorities went house to house terrorizing the citizens of Raboteau. Those who remained were arrested, beaten, or dunked in the open sewers. Those who fled were hunted down arrested, tortured or shot. The attack continued onto the water when the attackers commandeered fishing boats to shoot people fleeing on the sea. Since the soldiers and paramilitaries prevented the relatives of the victims from claiming the victims, the death total will likely never be known. Several were buried in shallow graves and other were left at sea. ,Concannon, Brian. "ICC: Beyond Complementary", Columbia Human Rights Law Review, 2000] According to News Haiti, 26 people died in the attack [http://www.newshaiti.com/index.php?mode=single&n=244] , News Haiti article. ] However, some estimates put the total killed at 50 [http://asiapacific.amnesty.org/library/Index/ENGAMR360041999?open&of=ENG-HTI] , Amnesty International's article on the Raboteau Massacre ]

truggle for Justice in Haiti

Criminal Tribunal of Gonaïves: Brian Concannon and Mario Joseph from the Bureau des Avocats Internationaux (a group of local and international lawyers who represent victims of human rights violations in Haiti), along with a special police investigation team, local and international judicial officials, and the victims spent five years to get the Raboteau Massacre case to trial.

The BAI prepared complaints for the victims, represented them in court proceedings, and helped them advocate outside of the courtroom. Under the French system adopted in Haiti, BAI was able to participate in almost all phases of the criminal cases via the "Partie-Civile" process, which allows civil cases to be 'piggybacked' on criminal cases. In addition to the victims, the BAI worked closely with prosecutors, the investigating magistrates, police, and national officials. , Brian Concannon, International Criminal Law - V Justice for Haiti: The Raboteau Trial, 35 Int'l Law. 641-648 (2001),]

In total 59 people were tried for their involvement in the massacre. However, only 22 people were in custody at the time of the trial. The other 37 people were tried "in absentia". Those "in absentia" included many of the high ranking officials of the 1991-94 "de facto" regime, including Emmanuel Toto Constant the founder of FRAPH, Col. Carl Dorélien, Raoul Cédras the leader of the military junta and Louis-Jodel Chamblain

Every day of the trial was observed by Haitian human rights organizations, and MICAH [http://www.ijdh.org/articles/article_raboteau-2.htm] , Raboteau Verdict in Haiti "A Landmark in Fight Against Impunity", But Case Not Yet Finished, Says UN Independent Expert: "COMMUNIQUE DE LA MICAH", Nov 20, 2000 ] (the United Nations Support Mission to Haiti). Logistics for the trial were run by Office for Support of the Raboteau Massacre Trial, a special organization established by President Rene Preval, and run by Ms. Florence Elie. The prosecution's case was mainly based on eyewitness testimony. 34 witnesses testified for the prosecution, including victims neighbors and local officials. Forensic evidence was also presented by an international team of forensic anthropologists, who had exhumed and analyzed the bodies of three of those killed in the massacre, led by Dr. Karen Burns of the University of Georgia and Dr. Michele Harvey from the University of Toronto (Mimi Doretti of the [http://www.eaaf.org/ Argentinian Forensic Anthropology Team] led the investigations but was unable to testify at trial). Observations from the evidence gathered included injured bones, clothing and ropes tied around skeletons' necks. DNA evidence from two bodies matched victim reports.

The 37 tried "in absentia" were charged on command responsibility and accomplice theories. Colin Granderson, the former head of [http://www.un.org/rights/micivih/first.htm MICIVIH] , (U.N./O.A.S. human rights mission to Haiti) testified about how the neighborhood of Raboteau had been targeted throughout the coup years, with the leadership aware of and even covering up the Massacre. Two former Colonels in the Argentine army, from [http://www.cemida.com.ar/ Centro de Militares Para la Democracia Argentina] delivered a report based on their 1999 investigation. The report demonstrated how the entire military structure in Haiti was geared towards carrying out or tolerating attacks on civilian political opponents, and established how the military leadership was responsible for the massacre under Haitian military regulations and international law.

The trial lasted 6 weeks and ended on November 9th, 2000. The jury found 16 of the 22 defendants in custody guilty of participation in the massacre. On November 16, 2000, all 37 defendant who were tired "in absentia" were convicted with life sentences of hard labor. [http://query.nytimes.com/gst/fullpage.html?res=9E00E2D6113BF93AA25752C1A9669C8B63] , http://query.nytimes.com/gst/fullpage.html?res=9E00E2D6113BF93AA25752C1A9669C8B63] Under Haitian law however, those convicted "in absentia" have a right to a retrial if they ever surrendered or are arrested. Further the court issued a civil judgment on the order of 1 billion Gourdes damages (about 43 million dollars) to the victims and their families. [http://www.ijdh.org/articles/article_raboteau-2.htm] ,http://www.ijdh.org/articles/article_raboteau-2.htm]

This struggle for justice has also been captured in a documentary named "Pote Mak Sonje" (Those who have scars remember) http://www.raboteau-trial.info/

Achievements

The Raboteau case is one of the most important human rights trial ever in the Americas. It struck a blow against the country's historical impunity for large-scale, political attacks, and demonstrated that the courts could be used by the poor to defend their interests against the powerful. The case reflected marked improvement of the Haiti judiciary system from the transition to democracy in 1994. The national and international monitors who watched the trail included Adama Dieng, the United Nations independent Expert on Haiti and the UN Support Mission to Haiti at the time. They determined the case to be fair to both victims and defendants. The Haitian justice system also followed all the relevant procedures during the course of the trial. All the defendants in the Raboteau case were held under bilingual (French/Kreyol) warrants. They were represented from the beginning by some of the best of Haiti's Criminal lawyers, who fought the decision all the way to Haiti's Supreme Court.,David Stoelting, Enforcement of International Criminal Law, 34 Int’l Law. 669, 671 (2000)] . Finally the jury members comprised of many geographic, economic and social backgrounds.

On May 16, 2008, the Raboteau Massacre victims received over $400,000 in court-awarded damages, from Col. Carl Dorélien a member of the de facto dictatorship’s Military High Command who fled to Florida after democracy was restored to Haiti. [http://www.ijdh.org/articles/article_recent_news_5-21-08.htmlexample.com link See press release]

The Raboteau victims’ fight for justice was the subject of the award-winning documentary, Pote Mak Sonje: The Raboteau Trial, http://www.raboteau-trial.info/

=15 Sentences Quashed, in a "Huge Step Backward" [http://www.amnesty.org/en/library/asset/AMR36/006/2005/en/dom-AMR360062005en.html] , Haiti: Obliterating justice, overturning of sentences for Raboteau massacre by Supreme Court is a huge step backwards http://www.amnesty.org/en/library/asset/AMR36/006/2005/en/dom-AMR360062005en.html] =

On May 3rd, 2005 in a heavily controversial decisionthe Supreme Court of Haiti overturned the sentences of 15 (one of the 16 had died in jail) of those convicted in the Criminal Tribunal of the Gonaives for their involvement in the Raboteau Massacre. The reversal was strongly condemned by the New York State Bar and is widely regarded as a a travesty to justice in Haiti, New York State Bar Association Letter to the Minister of the Interior, and Minister of Public Security in Haiti, August 12 2005.] Amnesty Intenernational has said that they believe "that the arguments the Supreme Court presented to overturn these sentences are contrary to the Haitian Constitution and that the Supreme Court [of Haiti] ..." and that this is an obliteration of justice

The verdict specifically reversed the decision that the Haitian Constitution of 1987 required a jury trial for the Raboteau Massacre case. The original determination that jury trials were mandated was not questioned by the defendants attorneys' in any of their appeals. The Supreme Court based this decision on a law of March 29 1928 in Haiti's Code for Criminal Procedure, that required all trials to be without jury that were "delits connexes" (or multiple related crimes) and that those cases be referred to a specific felony court. The 1987 constitution however requires jury trials for all "crimes de sang" (blood felonies, in Haitian practices Murder, parricide, infanticde and poisoning).

The crux of the decision was that Article 50 of the 1987 Constitution did not apply to the Raboteau Massacre because it did not define "crimes de sang". The court asserted since the Constitution did not define "crimes de sang" it could not have overruled the March 29 1928 law. [http://www.amnesty.org/en/library/asset/AMR36/006/2005/en/dom-AMR360062005en.html] ,http://www.amnesty.org/en/library/asset/AMR36/006/2005/en/dom-AMR360062005en.html ] . The court reasoned that if the March 29 1928 law remains valid, the Judge must limit himself to referring the cases to a felony court without reference to whether the this court needed a jury or not. Therefore because of felony court sat with a jury there was no subject matter jurisdiction in the original Raboteau Massacre Trial. However, instead of issuing a new trial (without a jury) the Supreme Court quashed the sentences "sans renvoi" (without possibility of a new trial) [http://www.ijdh.org/articles/article_recent_news_6-6-05-c.htm] , Brian Concannon, Internal Memorandum on Raboteau trial. June 6, 2005.] However, even with this ruling the 37 "in absentia" sentences remained valid, as the judge made sentences without input from the jury. [http://www.derechos.org/nizkor/haiti/doc/brian.html] , Brian Concannon "Justice Dodged, Part II" June 2005. ]

truggle for Justice in the US

Emmanuel Toto Constant

Emmanuel “Toto” Constant fled Haiti on foot into the Dominican Republic from which he was able to fly to the United States. He was eventually jailed by the I.N.S. As reported by David Grann, in his article in the Atlantic Monthly “Giving ‘The Devil’ His due....” Constant worked with the CIA, by his own admission and that of U.S government sources. In 1996, Secretary of State Warren Christopher submitted an affidavit to the immigration court, advocating Constant's deportation. Secretary Christopher noted the extensive and credible accusations of human rights violations by Constant, and reasoned that a failure to deport Constant would give the appearance that the U.S. government supported Constant's activities. The judge agreed and issued a deportation order, but twelve years later it has not been executed. Following the order, Constant filed suit against Janet Reno claiming that the “CIA collaborated with the Plaintiff” Constant was eventually freed from U.S. custody with a gag order. [http://www.theatlantic.com/doc/200106/grann] ,http://www.theatlantic.com/doc/200106/grann]

* Constant was arrested June 2006 [http://www.commondreams.org/news2008/0109-07.htm] ,http://www.commondreams.org/news2008/0109-07.htm] and indicted for mortgage fraud in New York on July 7 2006, [http://www.ijdh.org/articles/article_recent_news_7-10-06f.html] ,http://www.ijdh.org/articles/article_recent_news_7-10-06f.html] after rejecting plea deals his trial is scheduled for July 2008.

* In October 2006, Constant was ordered by a New York state court to pay three women who had been raped and tortured by FRAPH $19 million in civil damages [http://www.cja.org/cases/Constant%20Press/constantorderpr.pdf] ,http://www.cja.org/cases/Constant%20Press/constantorderpr.pdf] in a case brought by the Center for Justice & Accountability and the Center for Constitutional Rights

* For a current article database see IJDH.org [http://www.ijdh.org/articles/article_recent_news_7-10-06menu.html Emmanuel "Toto" Constant Article Database]

Col. Carl Dorelien

Carl Dorelien, was a colonel in the Haitian military during the 1991-1994 coup, in charge of discipline and personnel matters. Following the restoration of Haiti’s democracy, Dorelien fled to the United States.,U.S. a Haven for Suspected War Criminals, Boston Globe. ] In 2003, he was deported to Haiti because of his human rights record, and was taken into custody for his "absentia" conviction. He chose not to exercise his right to a new trial. One year after his return President Aristide was once again ousted in a coup in 2004 and Dorelien escaped prison. He has not been returned to prison as of May 2008.

The Center for Justice and Accountability filed a suit against Dorelien just before his deportation. The suit was brought under the Alien Tort Statute seeking civil damages for the deaths of plaintiff Marie Jean’s husband, who was killed in the Raboteau Massacre, and the arbitrary detainment and torture of labor leader Lexiuste Cajuste. On February 23rd, 2007, Dorelien was found civilly liable in U.S. Federal Court for torture and extrajudicial killing. He was ordered to pay 4.3 million dollars in civil damages.

In 1997 Dorelien won $3 million in the Florida Lottery. His winnings (annuitized; Florida had not yet introduced a cash option) were successfully garnished and placed into escrow. In August 2006, on C.J.A.’s movement, the state court of Florida ruled the Haitian civil judgment against Dorelien was enforceable in the U.S. [http://www.cja.org/cases/dorelien.shtml] ,http://www.cja.org/cases/dorelien.shtml]

The assets seized from Col. Dorelien were distributed to the Raboteau victims on May 16, 2008. Pamela Merchant, the Executive Director of CJA, said “The Raboteau victims deserve payment of the $400,000 for their injuries and suffering in 1994. But they have also have earned this award through their tireless and courageous efforts for justice over 14 years and in two countries.” [http://www.ijdh.org/articles/article_recent_news_5-21-08.html see press release] The National Lawyers Guild has also congratulated the victims of the Raboteau Massacre on their historic victory. [http://www.nlg.org/news/] , National Lawyers Guild]

Mario Joseph, the Managing Attorney of the BAI said“The damage award is a victory for all Haitians. The Raboteau Trial in Haiti built faith in justice, because it showed that poor people were able to use the courts to protect their rights against the rich and powerful. The U.S. case will build faith in solidarity, because CJA and other U.S. lawyers showed that people in the U.S. will work as long and as hard as necessary to vindicate our rights.”

Brian Concannon Jr., Director of the Institute for Justice & Democracy in Haiti (IJDH), who has worked on the case since 1995, said “This day was a long time in coming, but it could not have come at a better time. With Haiti caught in a food crisis, the money will be a life-saver for some. With Haiti struggling through a democratic transition, the lesson that persistent, non-violent fighting for justice can bear fruit can be an inspiration for the whole country to work for a more stable and just future.”

Footnotes

External links

# This is the award winnning film of Haiti's struggle through the massacre http://www.raboteau-trial.info/
# The Institute for Justice & Democracy in Haiti's Article database http://www.ijdh.org/articles/article_emanuelconstantcat.htm
# The Center for Justice and Accountability's case list by country [http://www.cja.org/cases/cases.shtml#Haiti]
# BBC's coverage of the beginning of the trial [http://news.bbc.co.uk/1/hi/world/americas/955744.stm]
# Center for International Policy America's Program [http://americas.irc-online.org/am/5314 Special Report] on the Raboteau Massacre case