VZCZCXRO4589
PP RUEHQU
DE RUEHPU #0683/01 1031813
ZNR UUUUU ZZH
P 131813Z APR 07
FM AMEMBASSY PORT AU PRINCE
TO RUEHC/SECSTATE WASHDC PRIORITY 5823
INFO RUEHZH/HAITI COLLECTIVE PRIORITY
RUEHBR/AMEMBASSY BRASILIA PRIORITY 1494
RUEHSA/AMEMBASSY PRETORIA PRIORITY 1317
RUEHQU/AMCONSUL QUEBEC PRIORITY 0776
RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1191

UNCLAS SECTION 01 OF 02 PORT AU PRINCE 000683 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR WHA/CAR 
DRL 
S/CRS 
SOUTHCOM ALSO FOR POLAD 
STATE PASS TO USAID FOR LAC/CAR 
INR/IAA 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KJUS KDEM KCRM HA
SUBJECT: GASSANT RETURNS TO WORK 
 
REF: A. PORT AU PRINCE 89 
 
     ¶B. PORT AU PRINCE 526 
     ¶C. 06 PORT AU PRINCE 1734 
     ¶D. 06 PORT AU PRINCE 1561 
 
PORT AU PR 00000683  001.2 OF 002 
 
 
¶1.  (U) This message is sensitive but unclassified -- please 
protect accordingly. 
 
¶2.  (SBU) Summary:  Port-au-Prince's chief public prosecutor, 
Claudy Gassant, returned to work on April 2 after an absence 
of almost three months.  During his absence, Justice Minister 
Rene Magloire appointed a chief public prosecutor ad interim, 
but claimed he did not have the authority to fire Gassant. 
Upon Gassant's return, Director General of the Haitian Police 
(HNP), Mario Andresol, sent in a team of special forces, in 
an apparent attempt to prevent Gassant from resuming his job. 
 Gassant recounted the deterioration of the relationship 
between himself and Minister Magloire, which peaked following 
a dispute over Gassant's claim that assailants broke into the 
public prosecutor's office (parquet) in early January (ref 
A).  In a press conference on April 6, Prime Minister Jacques 
Edouard Alexis expressed disdain over Gassant's return to the 
parquet, and the Justice Minister refused to comment on the 
issue.  Meanwhile, Gassant said that he would re-open the 
investigation into the death of radio journalist Jean 
Dominique.  With Gassant back at work, even if underlying 
tensions with ministry officials remain unresolved, hopefully 
public prosecutors will start processing the hundreds of 
kidnapping suspects currently in prison awaiting trial.  End 
Summary. 
 
Gassant: I was Never Fired 
- - - - - - - - - - 
 
¶3.  (U) Poloff and post's political specialist met with 
Claudy Gassant at the parquet on April 10.  Gassant had left 
his position temporarily on January 12 because Justice 
Minister Rene Magloire ignored Gassant's request for an 
independent investigation on a break-in that occurred on 
January 7 at the parquet in downtown Port-au-Prince.  Gassant 
justified his return to the parquet: he had never resigned, 
and was never fired or even reprimanded by his superior, 
Minister Magloire.  He also noted that originally, he had 
designated Fan Fan Guerrilus as substitute during his leave 
of absence.  According to Gassant, Minister Magloire 
confirmed Gassant's authority when the Minister appointed 
Guerrilus chief public prosecutor ad interim. 
 
¶4.  (SBU) Minister Magloire told Ambassador on March 8 that 
Gassant was finished as chief public prosecutor but that as 
the justice minister, he did not have the authority to fire 
Gassant.  Instead, the Minister appointed Fan Fan Guerrilus 
ad interim, declaring that Gassant could not return to the 
position without permission from the Minister (ref B). 
Gassant discounted the Minister's claim, stating that the 
justice minister is the only one with the authority to fire 
the chief public prosecutor, and that he could not officially 
appoint a new one if he himself had not been fired. 
 
Andresol Sends in the SWAT 
- - - - - - - - - - 
 
¶5.  (SBU) According to Gassant, Rapid Intervention Team (RIT 
-- Haitian equivalent of SWAT) police officers arrived at the 
parquet upon his return on April 2, with orders from HNP 
Director General Andresol.  When the RIT tried to escort 
Gassant out of his office, Gassant refused to leave and 
demanded to know who sent them: RIT officers told him that 
this was not an official mission, but that they had ''special 
orders'' from Andresol.  Apparently Andresol called off the 
RIT after  two days; however, Minister Magloire; the 
Secretary of State for Public Security, Luc Joseph Eucher; 
 
SIPDIS 
and Andresol stopped by the parquet on April 4.  They did not 
stay, but Gassant called their visit ''a serious 
provocation.''  Guerrilus stopped coming into work at the end 
of Gassant's first week back because, Gassant speculated, he 
was being ''manipulated'' by the justice minister.  On April 
10, the situation appeared improved, and for the first time 
since Gassant's return, the justice ministry resumed sending 
prisoners awaiting trial to the parquet. 
 
PORT AU PR 00000683  002.2 OF 002 
 
 
 
Evidence of a Break-In 
- - - - - - - - - - 
 
¶6.  (U) Gassant confirmed that the conflict between himself 
and Magloire, Eucher, and Andresol started when Gassant did 
not dismiss a warrant in September, 2006 for the arrest 
Michael Lucius, head of the criminal investigation unit 
(DCPJ) and the third highest ranking official in the Haitian 
police (ref C).  It intensified following Magloire's public 
disbelief of that assailants broke into the parquet in 
January.  Gassant presented Poloff with a report from the UN 
Police (reported in the press in early March), validating 
Gassant's claim that a break-in occurred, but also 
contradicting the Minister's statement that ''it must have 
been someone with a key'' who entered the parquet that night 
(ref B).  He also had pictures of broken locks and an oxygen 
tank used to break the locks to prove that a break-in 
occurred. 
 
PM Questions Gassant's Return 
- - - - - - - - - - 
 
¶7.  (U) Prime Minister Jacques Edouard Alexis, upon his 
return to Haiti on April 6, publicly expressed discontent 
that Gassant was back at work at the parquet.  He said that 
Gassant needed authorization from the justice minister to do 
so, a claim that has been disputed (in favor of Gassant) in 
the press over the past week.  Justice Minister Magloire on 
April 13 refused to comment on Gassant's return, stating that 
the issue was ''out of his hands.'' 
 
Jean Dominique Case Reopened 
- - - - - - - - - - 
 
¶8.  (U) Gassant, who had investigated the murder on April 3, 
2000 of popular radio journalist Jean Dominique, told Poloff 
that he would be meeting with Fritzner Fils-Aime, the 
magistrate currently in charge of the case, to ensure that 
the investigation starts up again.  On April 3, Gassant 
marked the seventh anniversary of Dominique's death by 
assuring Haitians that the case would not be dropped. 
President Rene Preval also announced on that same day that 
Jean Dominique's case would be reopened, ''now that certain 
political obstacles'' no longer stood in the way. 
 
Comment 
- - - - - - - - - - 
 
¶9.  (SBU)    The Gassant saga centers on a prosecutor noted 
for his diligence and probity but also arrogance and egotism. 
 Even if Gassant's position on the particulars of this 
dispute is defensible, his behavior otherwise suggests he is 
a potentially disruptive force within the justice apparatus. 
 Andresol and Eucher, both skilled and strong-willed, appear 
fed-up with what they view as Gassant's attempts to exercise 
excessive authority and influence within the justice 
ministry.  In one instance, shortly after taking the position 
in August, 2006, Gassant made public comments about improving 
police performance, much to Andresol's annoyance (ref D). 
All three men answer directly to Justice Minister Magloire, 
but Magloire's failure to take decisive action to resolve the 
dispute underlines his own timidity and weak management. 
Gassant's return to work is a positive development: his 
position is an important part of the justice chain, 
especially within a ministry which lacks competent officials. 
 Hopefully, Gassant's return will mark an end to overt 
conflict and will allow the ministry to focus on the 
thousands of prisoners, including hundreds of kidnapping 
suspects, currently in prison awaiting trial. 
SANDERSON