VZCZCXRO2865
OO RUEHQU
DE RUEHPU #0531/01 0941941
ZNR UUUUU ZZH
O 031941Z APR 08
FM AMEMBASSY PORT AU PRINCE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8011
INFO RUEHZH/HAITI COLLECTIVE PRIORITY
RUEHBR/AMEMBASSY BRASILIA PRIORITY 1861
RUEHSA/AMEMBASSY PRETORIA PRIORITY 1664
RUEHQU/AMCONSUL QUEBEC PRIORITY 1087
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1479
RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL PRIORITY

UNCLAS SECTION 01 OF 02 PORT AU PRINCE 000531 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA/EX AND WHA/CAR 
S/CRS 
INL FOR KEVIN BROWN AND ANGELIC YOUNG 
SOUTHCOM ALSO FOR POLAD 
STATE PASS AID FOR LAC/CAR 
INR/IAA 
WHA/EX PLEASE PASS USOAS 
 
E.O. 12958: N/A 
TAGS: HA PREL PGOV KJUS ECON
SUBJECT: HAITI MONTHLY: MARCH, 2008 
 
REF: PORT AU PRINCE O374 
 
PORT AU PR 00000531  001.2 OF 002 
 
 
¶1. (U) This message is sensitive but unclassified -- please 
protect accordingly. 
 
¶2. (U) Summary: This is a monthly report on various topics of 
interest which do not merit a full reporting cable. End 
summary. 
 
¶3. (SBU) PARLIAMENT BEGINS DEBATE ON ARREST AND DETENTION 
REFORM:  The justice committees of the Chamber of Deputies 
and Senate met March 19 with Haitian legal experts to discuss 
reforms to arrest and detention procedures.  The committees 
solicited input from a variety of judicial officials 
including former Ministers of Justice Jean Joseph Exume and 
Gary Lissade, Secretary of State for Judicial Reform Daniel 
Jean, and the Vice President of the Bar Association. 
According to the participants, important topics that should 
be addressed through new justice reform legislation include: 
increasing regulations on detention prior to arrest 
(guard-a-vue); improving respect for human rights along the 
entire penal chain; fixing time limits for pre-trial 
detention as well as instituting mechanisms for pre-trial 
release; and providing alternatives to prison.  The session 
was the first in a series of roundtables sponsored by USAID 
through the National Center for State Courts (NCSC). 
 
¶4. (SBU) MINISTRY OF JUSTICE - PROSECUTOR GASSANT DUST-UP: 
Port-au-Prince Chief Prosecutor Claudy Gassant has taken 
another step to show that his subordination to the Ministry 
of Justice is in name only.  Secretary of State for Judicial 
Affairs in the Ministry of Justice Daniel Jean sent Gassant a 
letter of reprimand March 19, noting that he had exceeded his 
authority in several instances, including in trying to exert 
authority over prosecutors in other districts of Haiti.  The 
letter reminded Gassant that he is subordinate to several 
layers of officials under the Minister of Justice.  The press 
reported, and French emboffs subsequently confirmed, that 
Gassant and Jean had a verbal altercation at the French 
Embassy that became physical when they later encountered each 
other at the Ministry of Justice.  The press printed 
Gassant's March 24 letter to Justice Minister Magloire, 
stating that the points in Jean's letter were at variance 
with Haitian law and administrative regulations, and 
requesting the Minister return the letter to its originator. 
 
¶5. (U) PRESS REACTION TO BLTS/DEA OPERATION: The Haitian 
Anti-Drug Unit (BLTS) and the Drug Enforcement Agency (DEA) 
operation on March 25 targeting drug fugitives has generated 
public expressions of concern for the violation of proper 
procedures and constitutional norms.  There has been no 
virtually no commentary alleging the operation violated 
Haiti's sovereignty.  All press commentary assumes the 
operation was aimed at fugitive Guy Philippe.  Senator Youri 
Latortue, Professor Jean Claude Bajeux of the Ecumenical 
Center for Human Rights, Pierre Esperance of National Network 
for the Defense of Human Rights, and Father Jann Hansen of 
the Catholic Church's Justice and Peace Commission all 
questioned the legality of the raid and noted that the BLTS 
and the DEA must respect Philippe's constitutional rights 
even as they try to capture him.  (Note:  Title 3, Chapter 2, 
Section B, Article 24-3.4 of the Haitian constitution 
stipulates that no person may be arrested between the hours 
of 6:00 PM and 6:00 AM.  This constitutional provision was 
imposed as a reaction to nighttime disappearances carried out 
under the Francois Duvalier regimes.  End note.) Separately, 
MINUSTAH disavowed any involvement with the operation. 
Meanwhile, Guy Philippe has given several radio interviews 
since the operation, and has vowed that he intends to run for 
a senate seat. 
 
¶6. (SBU) PENAL CODE PUSH-BACK:  National Committee on 
Dismantlement, Disarmament and Reinsertion (CNDDR) Director 
Alix Fils-Aime told Poloff March 14 that Chief Prosecutor 
Claudy Gassant was ''messing with the wrong guy'' when he 
summoned him for questioning the week of February 18.  After 
refusing to comply, Fils-Aime publicly announced that Gassant 
should be arrested based on Article 187 of the Penal Code 
which authorizes punitive measures for abuse of power.  He 
believes President Preval interceded on his behalf since 
Gassant quickly and uncharacteristically backed down from his 
summons as soon as Fils-Aime pushed back in the public forum 
(reftel). 
 
¶7. (U) RETURN OF WINROCK TO DISCUSS BIOFUELS:  Nicholas 
Martin of Winrock International returned to Port-au-Prince 
March 4-7 to assist private sector biofuels project sponsors 
in preparing and submitting project information. (Note: 
Winrock identified 14 private sector projects prior to and 
during the first visit to Haiti in October 2007. End note.) 
Martin also encouraged project sponsors to develop detailed 
terms of reference as needed by prospective funders (notably 
U.S.-Brazil Biofuels Memorandum of Understanding Partnership 
partners) to allow expeditious evaluation and release of 
funds to proceed with technical assistance, financial support 
and similar activities needed to promote production and 
consumption of biofuels in Haiti.  Some of the private sector 
sponsors included representatives from Biocarburants d'Haiti, 
Centro Hispaniola de Investigacion en Bioenergias y 
Agricultura Sostenible (CHIBAS), Haytrac and Terminal Varreux. 
 
¶8. (U) FOUR HAITIAN DELEGATES TO BIOFUELS MEETING AND WIREC: 
Minister of Public Works, Transportation and Communication 
(MPTC) Frantz Verella, Secretary of State for the Ministry of 
Agriculture Joanas Gue, Dr. Arlan Lecorps (Ministry of 
Agriculture biofuels taskforce member) and Rene Jean-Jumeau 
(Energy Consultant in MPTC) attended the biofuels steering 
group meeting March 3 and the Washington International 
Renewable Energy Conference (WIREC) on March 4-6.  Verella 
and Gue reaffirmed their support for the partnership 
assistance and provided updates on biofuels development in 
Haiti.  The Government of Haiti via the Ministries of Public 
Works and Agriculture made a pledge at WIREC to put into 
place the basic infrastructure needed to create an 
environment conducive to developing renewable energy intended 
to foster energy security. 
 
¶9. (U) MARCH 26 REPATRIATION OF 12 HAITIAN MIGRANTS:  The 
U.S. Coast Guard (USCG) repatriated 12 clandestine Haitian 
migrants on March 26 into the custody of the GOH in 
Cap-Haitien.  The USCG intercepted the migrants on March 22 
when their powerboat ran out of gas 40 nautical miles west of 
Andros Island, The Bahamas.  The migrants claimed that they 
left Haiti from Port-de-Paix.  Separately, the Haitian media 
reported on March 7 and 8 respectively that a clandestine 
Haitian migrant was among the 40 persons intercepted on a 
boat to Puerto Rico and that 37 clandestine Haitian migrants 
landed on West Palm Beach. 
SANDERSON