(RSF/IFEX) – In a letter to the seven members of the Senate commission responsible for studying the examining judge’s request for the lifting of Senator Dany Toussaint’s parliamentary immunity, RSF urged them to to declare the judge’s request as admissible. The organisation warned the senators against the temptation “to hide behind procedural issues or legal […]
(RSF/IFEX) – In a letter to the seven members of the Senate commission responsible for studying the examining judge’s request for the lifting of Senator Dany Toussaint’s parliamentary immunity, RSF urged them to to declare the judge’s request as admissible. The organisation warned the senators against the temptation “to hide behind procedural issues or legal quibbles” in order to avoid submitting the judge’s request to a vote by elected representatives of the Upper Chamber. RSF Secretary-General Robert Ménard asked them to set aside one judge’s decision which, raising doubts concerning Judge Gassant’s impartiality, demanded a stay of the execution of his request. RSF recalled that this judge’s decision was based on the illegal questioning of defendants.
The organisation also asked the seven commission members to recommend that senators vote in favour of lifting Toussaint’s immunity. “By doing so, you will demonstrate that senators are not above the law and you will give Mr. Toussaint, who is currently the principal suspect in journalist Jean Dominique’s assassination, an opportunity to defend himself against the accusations weighing against him,” underlined Ménard. “Because this is such an important case for Haitian society, we also ask the parliamentary commission to decide that this vote will be put on the Senate’s agenda as soon as possible,” concluded Ménard.
According to information collected by RSF, on 26 November 2001, the parliamentary commission responsible for studying the request for the lifting of Senator Toussaint’s immunity announced that it would be making its report public on 4 December. At a 23 November press conference in Port-au-Prince, Ménard had stated that, “the fact that Dany Toussaint has yet to have his parliamentary immunity lifted is a clear attack on and obstacle to seeing justice served. If [his immunity] is not lifted, it would be a tough blow for democracy.” He also expressed concern that the Senate commission would conclude that the issue does not fall within its jurisdiction.
On 10 August, Minister of Justice Gary Lissade sent a request from Examining Judge Claudy Gassant to the Senate, seeking the lifting of Senator Toussaint’s parliamentary immunity. Toussaint has been implicated in the investigation into the assassination of journalist Dominique, director of Radio Haiti Inter, and Jean-Claude Louissaint, a security guard at the radio station. The minister also passed on a judge’s decision to the senators which, questioning Judge Gassant’s impartiality in the handling of the investigation, demanded a stay of the execution of his request. This judge had been approached by Toussaint’s lawyers on the basis of interrogations of several persons who were detained in the context of the case. These interrogations have since been declared illegal, and the person who carried them out, Judge Jean Gabriel Ambroise, was penalised by the minister of justice. Ambroise had acted on a request by the senator’s lawyers.
Invoking other priorities, the Senate has yet to take a decision. The parliamentary commission charged with examining the request only met for the first time on 17 September, five weeks after the request was sent. The members of the commission are Madames Bazile, Forte, Libérus and Misters Célestin, Désir and Magloire. It is presided by Yvon Neptune, who is also Senate speaker.
On 3 April 2000, Dominique, Haiti’s most renowned journalist and political analyst, was killed in the courtyard of his radio station, Radio Haiti Inter. Well known for his independent voice, Dominique was critical of former Duvalier officials and soldiers, as well as the bourgeoisie. More recently, he criticised those he suspected within Fanmi Lavalas (President Jean Bertrand Aristide’s party) of seeking to “divert the movement from its principles.” In his 19 October 1999 editorial, the journalist had sharply criticised Toussaint, who was indicted at the end of May 2001.
