4
On 9 February 2004, Mr. Neptune made a widely-publicized visit to St. Marc by helicopter to
encourage the police to re-establish order in the city and called upon the police to defend the city
from gangs that were marching through St. Marc south to the capital, Port-au-Prince […].
Two days after Mr. Neptune’s visit, Haitian police, together with civilians reported to be Bale
Wouze members, entered the La Scierie neighborhood of St. Marc, which was considered a
RAMICOS stronghold. According to reports, several people were killed and many were wounded in
the ensuing confrontation between government forces and RAMICOS. In addition, members of
both the police and RAMICOS are alleged to have burned and ransacked houses and cars in St.
Marc in retaliation. According to witnesses, some people were deliberately burned in their homes.
[…].10
9.
With the armed opposition threatening to enter the capital, Jean-Bertrand Aristide
abandoned the country on February 29, 2004, in a United States Government plane that
transported him to the Central African Republic. Following this, the President of the
Supreme Court at that time, Boniface Alexandre, was sworn in as acting President under the
1987 Haitian Constitution in force at the time. A “transition Government” was established
with Gérard Latortue as Prime Minister.11 On February 29, 2004, at the request of the acting
President, the United Nations Security Council adopted Resolution 1529, 12 establishing a
Multinational Interim Force, which was deployed in Haiti immediately.13 Subsequently, in its
Resolution 1542 of April 30, 2004, the Security Council decided to establish the United
Nations Stabilization Mission in Haiti (hereinafter “MINUSTAH”) and ordered that the
authority of the Multinational Interim Force be transferred to MINUSTAH on June 1, 2004.
The latter’s mandate included ensuring a secure and stable environment within which the
political and constitutional process in Haiti could take place, and monitoring the human
rights situation in the country.14 This mission was subsequently extended several times.15
The mandate of the acting President, Boniface Alexandre, ended in May 2006.16 The return
to constitutional rule was enshrined, inter alia, by the election of René Préval as President of
the Republic.17
With specific reference to Mr. Neptune, his mandate ended on March 12, 2004.18 In this
regard, the Commission indicated in its application that “the petitioners also claimed […]
that, shortly thereafter, threats made against Mr. Neptune’s life forced him into hiding.”19 In
March 2004, an investigating magistrate of the Court of First Instance of St. Marc issued an
arrest warrant against Mr. Neptune, “accused of having ordered and participated in the
10
Application submitted by the Commission, supra note 3, paras. 25 to 27 (folio 107).
11
Cf. United Nations, Security Council. Report of the Secretary General on Haiti supra note 7, paras. 9-10.
12
Cf. United Nations Security Council, Resolution 1529 (2004), adopted on 29 February 2004.
13
Cf. United Nations, Security Council. Report of the Secretary General on Haiti, supra note 7, para. 9.
14
Cf. United Nations, Security Council, Resolution 1542 (2004), adopted on 30 April 2004.
15
Cf. Inter-American Commission on Human Rights, Haiti: Failed Justice or the Rule of Law? Challenges
ahead for Haiti and the International Community, OAS/Ser/L/V/II.123, October 26, 2005, para. 21.
16
Cf. Report of the Secretary General on the United Nations Stabilization Mission in Haiti (MINUSTAH),
S/2007/503, 22 August 2007, para. 2.
17
Cf. United Nations, Economic and Social Council. Situation of human rights in Haiti: report prepared by the
independent expert, Louis Joinet, A/HRC/4/3, 24 February 2007, para. 5.
18
Cf. Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 1 (folio 405).
19
Cf. Application submitted by the Commission, supra note 3, para. 29 (folio 108).