US embassy cable - 05PORTAUPRINCE2942

C O N F I D E N T I A L SECTION 01 OF 03 PORT AU PRINCE 002942 
 
SIPDIS 
 
SOUTHCOM ALSO FOR POLAD 
WHA ALSO FOR USOAS 
 
E.O. 12958: DECL: 11/27/2015 
TAGS: PGOV, PHUM, PREL, HA, Haitian National Police 
SUBJECT: HAITI: UPDATE ON ARRESTS OF TWO TOP POLICE 
COMMANDERS IN CONNECTION WITH MARTISSANT SOCCER DEATHS 
 
REF: PAP 2785 
 
Classified By: CDA ERNA KERST, REASONS 1.4(B) AND (D). 
 
1. (C) Summary:  Director General of the Judicial Police 
(DCPJ) completed the criminal investigation into the August 
20 soccer match operation in Martissant and submitted the 
report to the Port-au-Prince State Prosecutor's office on 
November 7.  The complete report contains over 900 pages of 
interviews and evidence and directly names former Western 
Departmental Director (DDO) Carlo Lochard as the principal 
accomplice of the illegal police operation which turned 
deadly.  Both Lochard and former Director of the 
Administrative Police (DCPA) Renan Etienne answered questions 
before investigating judge Peres Paul on November 22 and were 
returned to the Annex of the National Penitentiary in Pacot. 
Lochard supporters, comprised mostly of decommissioned police 
officers, have taken to the streets in recent weeks to call 
for his release.  Also, Pierre Esperance of the National 
Network of Defenders of Human Rights (RNDDH) told poloff that 
he thinks Lochard cronies in the Justice Ministry may be 
pressuring investigating judge Paul to release him.  Haitian 
National Police (HNP) Director General Mario Andresol won a 
huge victory in the battle against impunity by arresting 
Lochard and Etienne but he will continue to require our 
support to fight impunity within the ranks of the force.  End 
Summary. 
 
DCPJ's Report 
------------- 
2. (U) Judicial Police Director (DCPJ) Michael Lucius 
transmitted the final report to State Prosecutor for 
Port-au-Prince Alce Emane on November 7.  The summary of the 
facts were in line with those outlined in the internal 
Inspector General's report (reftel).  The conclusions of the 
DCPJ's criminal investigation enumerates the specific acts 
undertaken illegally and in violation of the HNP code of 
conduct  which amounted to criminal negligence on the part of 
the former DDO and DCPA.  The DCPJ's report, however, lays 
direct blame on Carlo Lochard for having ordered and planned 
the illegal operation.  Among other conclusions the main 
points of the report are: 
 
-- The operation by the police in Martissant at St. 
Bernadette's Park was conducted outside of all legal 
boundaries; 
 
-- From beginning to end, DDO Lochard failed to follow proper 
steps in HNP procedure.  Therefore, Carlo Lochard is the 
principal in all acts committed by the police during the 
August 20, 2005 operation in Martissant; 
 
-- DCPA Renan Etienne is also implicated for his failure to 
advise Lochard against undertaking this operation and for 
providing Lochard with the additional reinforcements from the 
specialized Crowd Control (CIMO) and SWAT Units.  Etienne 
also failed to provide an honest report of the incident to DG 
Andresol; 
 
-- As a result, eight (8) people were killed, five (5) of 
which were recovered at the State University Hospital's 
morgue.  Of the five at the morgue, four (4) died as a result 
of gunshot wounds from HNP weapons; 
 
-- Four (4) people were injured as a result of machete wounds. 
 
Lochard's Lawyer Pleads His Case 
--------------------------------- 
3. (C) Martine Chevalier, a member of Carlo Lochard's legal 
team, met with poloff on November 17 to discuss his case. 
Chevalier is a lawyer with the law firm headed by Carlo 
Lochard's brothers, Guy and Jean Lochard.  In Lochard's 
defense, Chevalier said that Lochard was only doing his job 
in attempting to bring security to the population and if he 
was guily of anything it would be an "administrative error" 
for failure to file the appropriate requests and reports to 
DCPA Etienne before and after the operation.  She 
characterized the Inspector General's internal report as 
favorable to Lochard while placing the onus squarely on 
Etienne's shoulders for sending the specialized units without 
the proper paperwork (according to the HNP code of conduct, 
only the DCPA can authorize the deployment of specialized 
units like SWAT and CIMO). 
 
4. (C) Chevalier further argued that Lochard's arrest was 
illegal and arbitrary because it was executed after 8 p.m. in 
the evening and without a warrant (according to Haitian law, 
arrests cannot be made between 8 p.m. and 5 a.m.).  The firm 
filed a request with the chief judge of the court of first 
instance to have Lochard released based on those grounds 
(NOTE: The letter was also signed by other members of the 
legal team, including the head of the bar association of Port 
au Prince (and former candidate for Minister of Justice 
Gervais Charles), former Ministers of Justice Jean Joseph 
Exume and Garry Lissade.  END NOTE).  Once investigating 
judge Peres Paul has completed his investigation, he will 
recommend whether to release Lochard on those grounds or to 
hold him for trial.  Even though she does not represent 
Etienne, Chevalier conveyed Etienne's speculation that 
Andresol arrested him and Lochard to settle a personal score 
with them for having participated in his arrest under 
Aristide in 2002.  She said that Lochard did not share that 
sentiment.  Chevalier added that Lochard is a humble, common 
"man of the people" who still lives at home with his mother. 
She pointed to the recent demonstrations by supporters 
calling for his release as evidence of his popularity (NOTE: 
Most of the demonstrators are decommissioned police officers 
Andresol recently fired for participating in corruption.  END 
NOTE). 
 
HR Community's role in the Investigation 
---------------------------------------- 
5. (C) Director of the National Network of Defenders of Human 
Rights (RNDDH) Pierre Esperance told poloff November 18 that 
he was pleased that DCPJ Lucius had completed his 
investigation.  Esperance said that once his organization 
RNDDH issued its report on Martissant in September, and in 
concert with the Embassy's continued pressure for the police 
to conduct an investigation, the DCPJ asked for RNDDH's 
assistance in interviewing witnesses and gathering evidence. 
Esperance further lauded DG Andresol's courage in following 
through on the Etienne and Lochard's arrest.  Esperance 
recalled the phone call Andresol made to him on the morning 
of November 4, the day of the arrests.  According to 
Esperance, Andresol wrestled with the decision he faced on 
whether to arrest these two high-ranking HNP officials and 
the implications for his personal security.  Esperance said 
he advised him to take the strong stand to demonstrate his 
ability to fight impunity at every level in the HNP. 
 
Lochard's Possible Release? 
--------------------------- 
6. (C) Esperance shared with poloff his reservations about 
the success of the judicial process against the two officers, 
mainly Lochard.  Esperance believes that Lochard has a strong 
crony network in the judicial system that will act in concert 
to get him released from jail.  In addition to the 
high-powered legal team compiled by his brothers, which 
includes former Ministers of Justice, he also has a strong 
ally of the current Minister of Justice's chief advisor 
Carlos Hercule (NOTE: Before arriving at the Justice Ministry 
in July 2005, Hercule was advisor to the head of the 
Port-au-Prince Bar Association Gervais Charles.  Charles is 
currently a member of Lochard's legal team.  END NOTE). 
Esperance noted that since Etienne and Lochard's arrests, 
Minister of Justice Henri Dorleans has been noticeably silent 
on their cases.  He does not think that the Minister will 
intervene on behalf of Lochard, but he feels strongly that 
Hercule might place pressure on the investigating judge to 
call for Lochard's release.  He also pointed out that Lochard 
remains the only officer out of the 15 who wasn't 
decommissioned as a member of the HNP and he is technically 
still a member of the force. 
 
7. (C) Esperance also characterized investigating judge Peres 
Paul as largely corrupt and a judge who only takes a case 
"where money is involved" (Chevalier claimed that Paul 
initially refused to accept the case because he did not have 
a vehicle available to help him in conducting the 
investigation.  A car was eventually made available to him 
and he agreed to take the case.)  As part of the judge's 
investigation, Lochard and Etienne answered questions before 
the judge on November 21 and were returned to the Pacot 
Prison Annex on the same day.  As of November 29, Judge Peres 
Paul had completed his interviews of all but 4 of the 15 who 
are currently in prison in relation to the Martissant 
operation. 
 
8. (U) On a positive note, the government has publicly shown 
support for Andresol.  During a meeting with poloff on 
November 23, Secretary of State for Public Security David 
Bazile asked for the embassy's continued support for the 
Justice Ministry's efforts at professionalizing the HNP.  In 
a November 24 statement, the IGOH's Council of Ministers 
reiterated its determination to professionalize the HNP and 
called on the DG to continue to respect the rules and 
principles governing the force.  The communiqu also stated 
that the judicial authorities have the sole competence to 
determine the guilt or innocence of an officer.  In a 
November 28 press conference, SRSG Valdes also voiced support 
for further HNP reform and specifically congratulated the 
efforts of DG Andresol. 
 
9. (C) Comment: Andresol may have won this battle but the war 
on impunity within the HNP is far from over.  If Esperances's 
assertions hold true and Lochard goes free, Andresol's 
actions will have been in vain with risk to future HNP 
professionalization efforts and an even greater risk to his 
own life.   We will continue to express our support for 
Andresol and his police reform measures. 
KERST