communicated with his family by telephone and sent them some of the money he earned as an unskilled worker in Philadelphia, Pennsylvania, by electronic transfer. Mr. Fleury's family arrived in the United States in May 2009. D. Complaints with regard to the facts 44. On June 25, 2002, Guerdine Jean-Juste, the Episcopal Commission’s lawyer, presented a brief to the Deputy Government Commissioner requesting he order the release of Mr. Fleury because he had been arrested without a warrant, contrary to his constitutional rights. 45. On June 27, 2002, Father Jan Hanssens filed a complaint with the HNP Inspector General requesting that an investigation be opened against the agents involved in the acts of torture against Mr. Fleury. Father Hanssens received no response to this complaint. 46. On August 1, 2002, Mr. Fleury filed a brief with the Government Commissioner of Port-au-Prince, reporting the events of June 24 and 25, 2002, and asking the Public Prosecution Service to institute criminal proceedings against the police agents of the Bon Repos Police Station.32 47. On February 22, 2003, Mr. Fleury met with Inspector John Prévost from the HNP General Inspectorate. At that time, he was invited to go to a room where the three policemen who allegedly arrested, detained, and assaulted him appeared one by one.33 Mr. Fleury identified the alleged attackers in the presence of Inspector Prévost. Despite the identification, not one of these three agents was charged. In a letter to the Commission, Mr. Fleury stated that one of his torturers remained assigned to the Bon Repos Police Station and that Inspector Prévost had informed him that no punishment would be imposed on the other two policemen. 48. On October 1, 2007, an official of the Ministry of Foreign Affairs invited Mr. Fleury to a meeting to discuss his case. At that meeting, the Ministry’s representative informed him that an investigation would be opened into the abuses perpetrated against him by members of the Police and that he should not to leave his home after 6 p.m., since the Ministry could not be responsible for his safety. 49. To date, no information has been received that any investigation has been opened, or that any disciplinary sanctions have been imposed in relation to the complaint filed on June 27, 2002, before the Head of the HNP General Inspectorate. The police agents in question and the civilians who took part in the facts remain HNP officials. In addition, no criminal investigation was opened concerning the complaint filed with the Government Commissioner, and no one has been accused of the facts and prosecuted. More specifically, neither Mr. Fleury nor the suspects he identified have been summoned to appear before a court, and a judge has not been assigned to the case, as required by Haitian law.34 32 Cf. Complaint filed by Mr. Fleury before the Commissaire du Gouvernment Près le Parquet du Tribunal Civil [Government Commissioner attached to the Public Prosecutor’s Department of the Civil Court] (file of attachments to the application, tome I, attachment 4, folio 437). 33 Cf. Inter-American Commission on Human Rights, Hearing No. 10. Mr. Fleury stated that Thimoté Désgranges is a police agent; “Tiblanc” is a civilian agent connected to the Police; and the other three individuals implicated are: Tefneau Joseph, Edris Erick and “Gentil.” Fleury has referred to the five of them as police agents and “para policiers” [individuals working with the police] (file of attachments to the application, tome I, attachment 2, folios 420 and 421). 34 Cf. Inter-American Commission on Human Rights,, Hearing No. 10. (file of attachments to the application, tome I, attachment 2, folios 421 and 422). See also articles 50 and 51 of the Code of Criminal Procedure of Haiti, 14

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