33.
At approximately 7 p.m. on June 24, 2002, two uniformed policemen and three other
men arrived at Mr. Fleury’s home, where he was with his wife and children, indicating that
they had been informed that he had acquired a stolen water pump. Mr. Fleury denied the
accusation and invited the agents to search his home and identify the object. However, the
policemen decided to arrest him without a warrant.
34.
At the time of his arrest, Mr. Fleury identified himself as a lawyer and human rights
defender and showed the police his employee identity card of the above-mentioned nongovernmental organization, Episcopal Commission for Justice and Peace, as a result of
which the police threatened and intimidated him. In this regard, the representatives
indicated that one of the agents stated: ‘You work for human rights? You'll see...” Then, one
of the men in civilian clothing grabbed Mr. Fleury by his throat and, using a gun, forced him
to get into the back of a pick-up truck. The police agents hit Mr. Fleury in the face with a
gun and he received repeated blows to the head. This treatment continued until his arrival
at the Bon Repos Police Station in Port-au-Prince, where he was taken and detained for 17
hours.26
35.
Mr. Fleury was not informed of the reasons for his arrest. Upon reaching the police
station, he was placed in a cell that, according to Mr. Fleury, measured approximately 6 x 4
feet (1.83 x 1.22 m); the cell was damp, dirty, unventilated, and had no chairs. The cell
was occupied by seven other individuals deprived of liberty. During the 17 hours of his
detention, Mr. Fleury did not receive food or water.
36.
Mr. Fleury was forced at gunpoint to clean the excrement in his cell with his bare
hands. While he endured this abuse, one of the policemen told him that, if he had met Mr.
Fleury on the street he would have killed him because he was a human rights activist. At
one point, he was taken from the cell and beaten on the head and kicked by police officers
at the Bon Repos Police Station. He suffered bruising all over his body, especially on his
back and leg. According to Mr. Fleury, he allegedly received approximately 64 blows to the
body and 15 severe simultaneous blows to both sides of his head at ear level27 (“kalot
marassa”28). His left arm and leg were fractured and his eardrum was perforated as a result
of the beatings.29
26
Cf. Sworn statement 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 643 and 644).
27
Cf. Copy of medical certificate dated August 2, 2002 (file of attachments to the application, tome I,
attachment 3, folio 429); testimony of Salomon Senexant (file of attachments to the application, tome I,
attachment 1, folio 406); testimony of Lysias Fleury (file of attachments to the brief with pleadings, motions and
evidence presented by the representatives of March 7, 2008 (file of attachments to the application, tome I,
attachment 2, folio 421).
28
Technique frequently used by the Haitian National Police, which can result in damage to the ear and
eardrum. Cf. Affidavit of Thomas Griffin dated August 9, 2011, which indicates “the acts of torture to which those
detained were submitted included being hit with fists, sticks or belts, as well as the practice of kalot marassa which
consisted in hard blows on the ears, which could result in injury to the eardrums” (file of evidence, tome III, folio
1063 and 1066). See also United Nations-OAS International Civilian Mission in Haiti, quarterly report OctoberNovember 1998, quarterly report January-March 1999, Report: Haiti: Human Rights and Rehabilitation of Victims,
December 1996.
29
Cf. Copy of medical certificate dated August 2, 2002 (file of attachments to the application, tome I,
attachment 3, folio 429); Testimony of Salomon Senexant (file of attachments to the application, tome I,
attachment 1, folios 406); Testimony of Lysias Fleury (file of attachments to the brief with pleadings, motions and
evidence presented by the representatives of the alleged victims, tome II, attachment 11, folio 644); CIDH,
Hearing No. 10, Case 12,459 – Lysias Fleury, March 7, 2008 (file of attachments to the application, tome I,
attachment 2, folio 421).
12