18 testimony, Mr. Neptune stated that he had been shown the arrest warrant at that time.75 Mr. Neptune remained in detention, first in the National Penitentiary of Port-au-Prince and subsequently in the Annex to the National Penitentiary, until he was released two years and one month later.76 53. It should be underscored that on May 1, 2005, the interim Government of Haiti offered to release Mr. Neptune and transfer him to another country in the region. On that occasion, Mr. Neptune rejected this offer because he wanted to be “released without conditions […], to be free to enter and leave Haiti” and to clear his name.77 54. On May 25, 2005, Mr. Neptune appeared before the investigating magistrate of the Court of First Instance of St. Marc, responsible for La Scierie case, in relation to the lawfulness of his detention. It is true that, prior to this, Mr. Neptune had twice been summoned to appear, but not in relation to his detention.78 55. The charges against Mr. Neptune were not officially formulated until September 14, 2005, when the investigating magistrate of the Court of First Instance of St. Marc issued the closing order in La Scierie case.79 Citing Articles 119 and 120 of the Criminal Investigation Code, this order referred those accused to a “criminal court without a jury” so that they could be tried under Articles 44, 45, 240, 241, 247, 248, 256 “and ff.,” 254 “and ff.,” 279 and 281 of the Penal Code, and indicated that “there were sufficient charges and evidence” against Mr. Neptune, among others, to try him as an “accomplice” in connection with the following facts supposedly committed to the detriment of various persons: 1) 2) 3) 4) 5) 6) The The The The The The Scierie Massacre of February 11, 2004 that caused the deaths of numerous persons […]; killing of [… 10 persons]; arson of houses […]; arson of vehicles […]; rape of [… two women]; assault and battery of [… two persons].80 a.ii. Decision of the Gonaïves Court of Appeal 56. Following the issue of the closing order (supra para. 55), in October 2005 several of Mr. Neptune’s co-accused filed an appeal against this order before the Gonaïves Court of 75 Cf. Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 4 (folio 448). 76 Cf. Application submitted by the Commission, supra note 3, para. 30, 42, 48, 49 (folios 108, 111 and 112). 77 Cf. Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 24 (folio 454) 78 On July 17, 2004, Mr. Neptune appeared before a judge of Port-au-Prince, who questioned him as a witness regarding an incident that had occurred at the National University of Haiti in December 2003. The judge did not question him about the case of La Scierie and did not rule on the lawfulness of his detention, because he did not have the authority to do so. Then, on April 22, 2005, on the orders of the Executive Branch of the former Interim Government of Haiti, Mr. Neptune was taken before the Court of First Instance of Saint-Marc to be questioned, but the hearing did not take place because the investigating magistrate had not been advised and, consequently, was not present. Cf. Application submitted by the Commission, supra note 3, paras. 33, 34, 35 and 94 (folios 109, 110 and 124); Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 5 (folio 449), and Civil Court of Port au Prince, Investigation Chamber, Interrogation of Yvon Neptune, July 16, 2004 (evidence file, volume II, appendix 6, folio 263). 79 Cf. Application submitted by the Commission, supra note 3, para. 36 and 94 (folios 110 and 124). 80 Cf. Closing order issued by an investigating magistrate of the Court of First Instance of Saint-Marc on September 14, 2005 (evidence file, volume III, appendix 7, folios 272 and ff.).