28.
According to different international entities, such as the United Nations Independent
Expert on the situation of human rights in Haiti, the Secretary-General of the United
Nations, and the Inter-American Commission, the facts of this case took place in 2002, in a
context of political polarization, public insecurity, and institutional shortcomings in Haiti in
which the National Police of Haiti (hereinafter also “NPH”) were involved in cases of abuse of
power and other criminal activities. In this context, the NPH constantly carried out illegal
detentions, abusing of their authority, and inflicted torture and ill-treatment on those
detained during arrests and also during detentions.
29.
According to the above-mentioned sources, the investigations into the abuses
committed by officials of the Haitian security forces were not effective, and the complaints
filed by alleged victims rarely led to the prosecution and punishment of those responsible
for such acts. The report of the United Nations Independent Expert established that this
situation gave rise to a perception where the Haitian Police were seen as an entity above the
law that enjoyed total impunity, in the absence of an effective accountability mechanism.
30.
Also, according to the reports of the United Nations Independent Expert, the InterAmerican Commission, and the United Nations Stabilization Mission in Haiti (hereinafter also
“MINUSTAH”), human rights defenders were frequently subjected to threats and harassment
because of their work.
B. The arrest of Lysias Fleury
31.
Lysias Fleury is a Haitian citizen and was 39 years of age at the time of the facts of
this case. Prior to June 24, 2002, he lived in Lilavois with his wife Rose Lilienne Benoit
Fleury and their three children, Rose Metchnikov, Flemingkov and Heulingher. Mr. Fleury
worked for the non-governmental organization Comisión Episcopal Nacional de Justicia y Paz
[National Episcopal Commission for Justice and Peace] (hereinafter also “Episcopal
Commission” or “National Episcopal Commission for Justice and Peace”) as a human rights
defender and legal adviser and, since 2002, he supervised the organization’s legal affairs. In
addition, Mr. Fleury was a consultant in a law firm specializing in rural disputes.
32.
As indicated by the representatives, in the performance of his work as a human
rights defender, Mr. Fleury represented victims of domestic violence, sexual abuse, child
abduction, and illegal arrest throughout Haiti. Lysias Fleury conducted investigations in
police stations in connection with cases of illegal arrest or detention. These visits allowed
him to gather information that was later used in drafting reports and making
recommendations concerning the human rights violations that occurred under the Haitian
criminal justice system. In addition, his responsibilities also included training detainees in
the main prisons in Haiti, including detention centers, in police stations and, in particular, in
the Bon Repos Police Station.25
Affidavit of Mario Joseph of August 9, 2011 (evidence file, tome III, folio 1045), and Affidavit of William G. O’Neill
dated August 4, 2011, para. 10 (evidence file, tome III, folios 1051, 1052 and 1059).
25
Cf. Affidavit of Lysias Fleury dated November 12, 2009 (file of attachments to the brief with pleadings,
motions and evidence presented by the representatives of the alleged victims, tome II, attachment 11, folios 641
to 649) and Affidavit of Rose Lilienne Benoit dated October 3, 2009 (file of attachments to the brief with pleadings,
motions and evidence presented by the representatives of the alleged victims, tome II, attachment 11, folios 658
and 659).
11