144. In May and August of 2002, the Special Rapporteur for Freedom of Expression, Eduardo A. Bertoni participated together with the Inter-American Commission on Human Rights in two on site visits to Haití with the objective of evaluating the state of freedom of expression in that country. During the visits, the Special Rapporteur met with the President of Haiti, Jean-Bertrand Aristide, state officials, judges, civil society organizations, journalists and the media.

145. The Special Rapporteur notes that human rights defenders and journalists are increasingly at risk in Haiti. Since the killings of prominent journalists Jean Dominique in April 2000 and Brignol Lindor on December 3, 2001, freedom of expression has been severely undermined and a number of journalists and human rights defenders have been attacked or killed. The Special Rapporteur for Freedom of Expression expressed deep concern regarding the murders, threatening, and harassment of journalists, which are creating adverse conditions for the exercise of the right to freedom of expression in Haiti. Additionally, the Special Rapporteur expresses concern over reports received from many journalists expressing that President Jean-Bertrand Aristide's June 2001 announcement of a "Zero Tolerance" campaign, ostensibly designed to crack down on crime, might encourage the sort of extrajudicial mob action that killed Lindor.

146. The Special Rapporteur received information on the status of inquiries into the murder of radio reporter Jean Léopold Dominique in April 2000, an investigation that has been fraught with irregularities, including threats and intimidation of judges and witnesses that have led to several judges resigning, including Judge Claudy Gassant. The Special Rapporteur points out once again that behavior of this kind constitutes an indirect form of curtailing freedom of expression, since it creates a terrifying environment for other social communicators, who are frightened to denounce further attacks. During the visit, Bertoni requested that efforts should be intensified to ensure progress in the investigation into who killed and who ordered the murder of Dominique. The Special Rapporteur was also briefed on the inquiries into the murder of the news editor for Radio Eco 2000, Brignol Lindor, in December 2001. In the Special Rapporteur’s opinion, the slow pace of the investigation is a cause for concern. Bertoni voiced these concerns at a meeting with the judge in charge of the investigation, Fritzner Duclaire. The Special Rapporteur also requested the judge to take the necessary steps to protect witnesses and other people involved in the investigation.

147. The following information summarizes information received over the past year by the Office of the Special Rapporteur. It should be noted that the incidents referred to in this section do not in any way constitute the complete report of all of the complaints received by this Office. It is merely a series of examples that indicate the seriousness of the situation in Haiti.


Threats and Aggression
148. On January 7, 2002, Guyler Delva, secretary-general of the Haitian Journalists' Association (AJH), reported that a dozen journalists working for different media outlets in Port-au-Prince had left the country for the USA or France. These journalists, who had covered the attempted coup against President Aristide last December 17, had taken refuge in certain diplomatic missions in Port-au-Prince. According to their testimonies, some members of popular organizations close to the Lavalas Family government had exerted pressure and issued threats against members of the press, accusing them of favoring the opposition.

149. Robert Philomé, the top news presenter at Radio Vision 2000, fled the country after receiving threats from pro-Aristide protesters. Colleagues from Radio Caraïbe, Galaxie and Signal FM have also reported having received threats against their lives.

150. In addition, four provincial journalists have fled to the capital and are in hiding after being threatened by government supporters. The four are: Charité André and Rémy Jean of Radio Eben-Enzer; Duc Jonathan Joseph, Radio Métropole correspondent in Gonaïves; and Ernst Océan, Radio Vision 2000 correspondent in Saint Marc.[135]

151. On January 21, 2002, members of the Young People's Power Organization (JPP), which has political ties to the ruling party, gave Guyler Delva, secretary-general of the Haitian Journalists' Association, 48 hours to withdraw a legal complaint he had lodged against JPP leader René Civil, otherwise they would "teach him a lesson." Mr Delva lodged a complaint against Mr. Civil on January 18, after being threatened on a January 15 radio program, during which Mr. Civil accused Mr. Delva of being "on the payroll of foreigners" and "betraying his fellow Haitians." On January 11, Figaro Désir, leader of the pro-government organization Bale Wouze, called Mr Delva "a traitor in the service of white foreigners" and threatened to have him "necklaced" (a euphemism for setting him on fire). Mr Désir retracted his threats on January 21, saying that his earlier remarks had been misinterpreted.

152. On February 22, 2002, Patrick Merisier, a radio broadcaster and human rights worker from the National Coalition for Haitian Rights (NCHR), was shot in the chest and arm by two men as he waited to be served in a restaurant in Port-au-Prince. Prior to this, in January 2002, he had received anonymous threats that he would be killed if he did not stop his human rights monitoring and broadcasts.[136]

153. On December 25, 2002, two armed men appeared at the gates of Montas' house in Pétionville, a suburb of Port-au-Prince, in the late afternoon a few minutes after she had arrived at home. They threatened her security guards, who immediately shut the gates. One of the guards ran to the house to get a gun. The attackers then fired at the second guard, fatally wounding him before fleeing.

154. As the gunmen fled on foot, police cordoned off the area outside Montas' house to investigate. No arrests have been made at this time.[137]

155. On January 8, 2003, the Inter-American Commission on Human Rights issued precautionary measures requesting the Government of Haiti to take the necessary measures to protect the personal integrity of Montas and to investigate the attacks against her.

156. On July 16, 2002, human rights defender Sylvie Bajeux was attacked in her home in the Péguyville area of the capital, Port-au-Prince. The organization Amnesty International reported that this attack may have been aimed at trying to prevent Mrs. Bajeux and her husband and other human rights defenders and journalists from carrying out their work.

157. The attack occurred at around midday, when three armed men broke into the house where Sylvie Bajeux lives with her husband Jean Claude. The assailants reportedly beat and tied up the three employees of the Bajeux who were in the house at the time. One of them then reportedly approached Sylvie Bajeux with his gun in his hand, knocked her onto the ground and struck her on the back. The attackers also stole some small items from the house and then left, leaving the staff and Sylvie Bajeux tied up in the house.

158. Both Sylvie and Jean Claude Bajeux are long-term human rights defenders. They currently run the Ecumenical Center for Human Rights (Centre Oecuménique des droits humains, CEDH). [138]

159. On September 26, 2002 the privately-owned Port-au-Prince station Radio Kiskeya stopped broadcasting and evacuated its offices after being told that the building was to be burned down that evening. The station also received several threatening phone calls and faxes. Reuters news agency said the threats came after the station's coverage of the arrest of the head of an organization defending the rights of thousands of people who recently lost money in a collapsed pyramid scam based on traditional cooperatives. The station resumed broadcasting the next day. Also on September 26, another Port-au-Prince radio station, Caraïbes FM, decided to stop broadcasting news for several hours in protest against threats it had received, apparently from pro-government organizations. The next day, Roger Damas, of Radio Ibo, was attacked by three strangers when he arrived at the radio station. He said they threatened to burn it down.[139]

160. On November 21, 2002, Radio Etincelle suspended broadcasting after militants of the Popular Organization for the Development of Raboteau (commonly known as the "Cannibal Army"), a heavily armed popular group that supports President Jean-Bertrand Aristide, accused the station of "working for the opposition" and threatened to burn down its studio. Four days later, on the evening of November 25, unidentified assailants set fire to Radio Etincelle's station, damaging property, including a generator and other equipment. Meanwhile, on November 28, unidentified attackers opened fire outside a Gonaïves hotel while a local press freedom organization, the Association of Haitian Journalists (AJH), was meeting with a group of threatened radio correspondents and police officials to discuss how to improve security conditions for journalists. No one was killed in the attack, but it remains unclear how many people may have been injured.[140]


161. On November 30, 2002, seven journalists from the northern town of Gonaives fled to Port-au-Prince to seek refuge. Esdras Mondélus, head of Radio Etincelle; Henry Fleurimond, of Radio Kiskeya; Renais Noël Jeune, Jean Niton Guérino and Gédéon Présandieu, all reporters with Radio Etincelle; René Josué, of Signal FM; and Jean-Robert François, of Radio Métropole took refuge in Port-au-Prince after receiving threats from the "Cannibal Army," a pro-Aristide militia. According to the information received, the seven journalists, all based in Gonaives, had been in hiding there since November 21, first at the bishop's house, which they were forced to leave on November 28 by Church officials who feared it would be attacked. The next day, the hotel they had moved to was fired at by members of the Cannibal Army, an armed group close to the country's ruling Fanmi Lavalas party. The journalists then fled to the northern city of Cap Haitien and the next day flew to Port-au-Prince with the help of the Haitian Journalists' Association (AJH).

162. They had been threatened by the leader of the Cannibal Army, Amiot Métayer, for their reporting of demonstrations calling for the resignation of President Jean-Bertrand Aristide. Métayer was prosecuted for physically attacking opposition supporters in December last year. He escaped from prison in August this year and the government says it has not rearrested him so as to avoid a bloodbath. A report of the AJH informed that 64 journalists had been threatened so far this year, 62 of them by the government and two by the opposition.[141]

163. On December 6, 2002, the Inter-American Commission on Human Rights issued precautionary measures on behalf of the seven journalists and gave the Government of Haiti 15 days to respond with information regarding the measures taken to protect the lives of the journalists and the steps adopted in order to conduct an investigation of the attacks. Up to this date, the Commission have received no answer from the State.

Kidnapping
164. On July 15, 2002, Israel Jacky Cantave, an investigative reporter for the Port-au-Prince-based station Radio Caraibes was kidnapped. He and his cousin were apparently attacked as they were driving home from work. The pair were found alive in the Port-au-Prince suburb of Petite Place Cazeau on July 16, beaten and bound with duct tape. They had reportedly been seized by a group of armed men who forced their vehicle to stop before abducting them. According to local sources, Israel Jacky Cantave had received several death threats in the days preceding the attack. These were reportedly believed to be linked to his investigative work in the Cité Soleil and La Saline slum areas of the capital, areas of heavy drug trafficking and gang activity. [142]

Arrests

165. On May 27, 2002, two reporters, Darwin Saint Julien of the weekly newspaper Haïti Progrès and Allan Deshommes of Radio Atlantik, were seriously injured and then arrested by police while covering a demonstration organized by the Workers' Struggle (Batay Ouvriyè) group in the northern town of Saint Raphael. Armed men, apparently sent by a major local landowner, and local officials attacked the protesters, killing two people, while seven other persons were arrested, including the journalists. The reporters were told they were being arrested "for their own protection." Despite their serious injuries, they were imprisoned. On May 29, all seven incarcerated persons were taken by helicopter to the capital, Port-au-Prince, and transferred to the National Penitentiary. The journalists have not been charged with any crime and were being held illegally, beyond the two-day period in which charges have to be made.[143]