9. The Petitioners explain that in February 2004, two days after making a visit to St. Marc, Haitian Police and civilians reported to be Bale Wouze gang members entered the La Scierie neighborhood, which is a RAMICOS (alleged anti-government group) stronghold. During the following confrontation, at least three people were killed and many wounded. 10. On March 2, 2004, petitioners allege that a Haitian NGO, the National Coalition for Haitian Rights, called for the arrest and prosecution of Neptune in a press release and further alleged that this group made an agreement with the prosecutor’s office to file criminal charges against anyone denounced by the group or other human rights groups. 11. On March 25, 2004, Judge Clunie Pierre Jules, an investigating magistrate in St. Marc, who was charged with investigating the La Scierie case issued an arrest warrant against Neptune. 12. On March 27, 2004 the Interim Government of Haiti (IGH) issued an order banning Neptune from leaving the country. 13. On June 27, 2004, the petitioners allege that the arrest warrant was kept secret. The petitioners add that Neptune turned himself in to the Haitian police after hearing an announcement calling for Neptune’s arrest on the radio, and that from that date on the victim has been detained in the national penitentiary (“Pénitencier national”) in Port-au-Prince. 14. The petitioners explain that article 26 of the Haitian Constitution prohibits holding a detainee unless a judge has ruled on the legality of the arrest and legally justified the detention within 48 hours. Although the victim has been in custody for nine months (date of receipt of the petition), he has not been brought before a judge and no judge has ruled on the legality of his detention. 15. On July 9, 2004, the Defense filed a motion before the highest instance “Cour de Cassation” to remove the case from the court of St. Marc, arguing that the influence of the surrounding population might have an effect on the independence of the Judiciary. The “Cour de Cassation” denied the motion six months later, on January 17, 2005, on the basis of a minor technicality, namely the failure to pay the processing fee. 16. On July 17, 2004, Judge Bready Fabien of Port-au-Prince questioned the victim about a December 2003 incident that occurred at the National University of Haiti, in which a student protestor and the University’s rector were injured. At that time the judge only questioned the victim as a witness to the incident at the National University. He did not rule on the legality of the victim’s detention and had no authority to do so. 17. On December 1, 2004, the petitioners allege that police and prison guards fired shots during a protest at the Pénitencier National. During the course of the shooting, guards and police killed 10 prisoners. The riot began in a cell block called “Titanic” which is about 20 feet away from the victim’s cell. During this riot the petitioners’ allege that the victim’s life was placed in danger. 18. On February 19, 2005, the petitioners explain that armed men stormed thePénitencier National and as a result, 481 prisoners escaped. During this prison break the petitioners allege that the victim’s life was in grave danger. The petitioners explain that the victim was physically removed from the prison during this break, but he immediately asked the authorities of the United Nations Stabilization Mission in Haiti (MINUSTAH) to assist him in returning to the prison. 19. Petitioners allege the State’s failure to provide adequate security for the victim due to the risks placed on Neptune during two prison disturbances. 20. On February 20, Neptune begins a hunger strike to protest against his illegal detention. 1 1 According to information received from public reports, Neptune appears to continue to be on a hunger strike and is being detained in an annex to the National Penitentiary facility in Port-au-Prince 2