37.
Subsequently, the police ordered Mr. Fleury to sign a declaration stating that he had
not been mistreated by the police, but rather by personnel of another State body, namely
the Local Departments Administrative Council (CASEC).30 In addition, according to Mr.
Fleury, the police even offered to release him in exchange for money.
38.
Mr. Fleury was released by the Haitian National Police, at around 12 m. on June 25,
2002.
C. Facts following the release of Lysias Fleury
39.
When members of the Episcopal Commission for Justice and Peace and his wife went
to the Bon Repos Police Station to pick up Mr. Fleury, they found him outside the precinct,
with his face disfigured, his arm swollen, and barely able to stand. They all entered the
police station where, in the presence of these witnesses, Mr. Fleury told the police about the
treatment he had received.
40.
Mr. Fleury was then taken by his wife, Father Jan Hanssens and other members of
the above-mentioned organization to have the injuries on his body photographed, and then
to the Hospital of the State University of Haiti to undergo a medical examination. The
examination concluded that he had a closed fracture of his left forearm, in addition to pain
and deafness in his right ear. Also, in the hospital, he was diagnosed with “significant
bruising in the gluteal area and the left thigh [as a result of] injury owing to an attack with
some kind of object.”31 Following the medical evaluation, Mr. Fleury was taken to Villa
Manrèse to rest with medical supervision. Despite the medical treatment, Mr. Fleury
continues to be deaf in his right ear.
41.
Subsequently, Mr. Fleury stayed with Father Jan Hanssens for some months. In late
2002 he resumed his work, but was unable to live with his family, who were then in Les
Cayes, because he still feared for his life and that of his family. During this period, he lived
in Despinos. For the first two years, he only visited his family at their home once. Mr. Fleury
was only able to see his wife seven times, when she visited him in the office of the NGO,
and he was never able to see his children. After the first two years, Mr. Fleury considered it
possible to return home, but only for a few hours on each occasion.
42.
Following his release, on several occasions unidentified individuals visited Mr.
Fleury’s neighborhood, monitored his family’s home, and asked where he worked or where
he could be found, which frightened his wife and children. Mr. Fleury returned home in
January 2004, at which time a police officer asked the neighbors if he had returned. Lysias
Fleury went into hiding again, taking refuge with priests and with a friend from January
2004 to December 2006, owing to his fear of returning home.
43.
On October 22, 2007, after arriving in the United States of America to take part in a
hearing before the Inter-American Commission in connection with his case, Mr. Fleury
decided not to return to Haiti, considering that his life would be in danger. He therefore
decided to apply for refugee status, which he was granted. During this period, Mr. Fleury
30
The CASEC is the body that represents territorial units in Haiti.
31
Cf. Copy of medical certificate dated August 2, 2002, which states: “diagnostic provisoire: fracture fermée
cubitus gauche; condition associée: otalgie, surdité droite” [provisional diagnosis: closed fracture left forearm;
association condition: earache, deafness right ear] (file of attachments to the application, tome I, attachment 3,
folios 429); Medical report dated June 25, 2002 (file of attachments to the brief with pleadings motions and
evidence, tome II, attachment 13, folio 680).
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