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Le Monde du Sud// Elsie news

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Demand for a retraction from Richard Champagne, Pres. of the Haitian Lawyers Association

Publié par Elsie HAAS sur 14 Janvier 2010, 10:09am

Catégories : #AYITI SEISME

Demand for a retraction from Richard Champagne, Pres. of the Haitian Lawyers Association
To the Mr. Champagne

Re: Mr. Champagne's Haitian Lawyers Association letter dated Jan. 19 2010 and copied below and made a part herein.

Sir, in your letter dated January 19, 2019 to President Obama, you write, on behalf of the Haitian Lawyers Association, inter alia, that your organization, the Haitian Lawyers Association in Miami, Florida:

"urge the administration to address the rising lawlessness, created by the criminals who have escaped Haiti's broken penitentiary.  Not only does it threaten the current humanitarian relief efforts, but it also unacceptably increases the vulnerability of women and children, many of whom now orphans.  More should be done to curtail the lawlessness before it becomes uncontrollable."

Point one:  As lawyers and advocates who represented many of the detainees who were in the National Penitentiary, we find your statements criminally negligent, odious, irresponsible and not based on any verifiable facts.  It is a well-known fact, that most of those detainees you are depicting as "criminals who escaped from the National Penitentiary were poor Haitians from poor neighborhoods who were summarily rounded up into preventive or indefinite detention during the 2004 Bush/Bicentennial coup d'etat without ever being charged, tried or convicted of any crime. As of 2008, it is reported that there were 8,204 prisoners in Haiti and of this only 1,764 have been convicted of a crime. Of the 8,204, 3900 were warehoused at the National Penitentiary.

The majority awaiting charge and a hearing, some suffering five years of prolonged detention, without ever having been charged, tried or convicted of any crime. These prison population statistics come from the 2008 US State Department Human Rights Report on Haiti and do "not include the large number of persons held in police stations around the country in 'preventive detention' (without a hearing or filed charges)."

For your legal association to call them "criminals" is unethical. For most were indefinitely detained without any charges, hearing or trial and have never been charged with a crime.

Point two: It is reported that when the earthquake hit, the wall of the National Penitentiary collapse on these men, most of whom have suffered tremendous injustice of indefinite incarceration without charge, and whose wives, children, mothers and families lost valuable time they could have had with their love one but for their unjust and illegal incarceration. Their "escape" Mr. Champagne was when concrete fell on their heads!

There is NO EVIDENCE that these men are either criminals or committing crimes right now.

We don't know how injured they were when the Penitentiary collapsed on them or how many perished and for you to repeat, like a parrot, what you are hearing from CNN, Fox news and MSNBS is unprofessional. As a legal organization you are charged with knowing the law and speaking factually. This depiction is objectionable also, especially as most reporters and even the general on the ground have said there is no significant violence amongst the earthquake wounded, thirsty and hungry. This idea of POTENTIAL violence, or as you put it "the rising lawlessness, created by the criminals who have escaped Haiti's broken penitentiary" is defamation and libel against people who are not here to defend themselves but HLLN is and we demand a retraction.

Point three: HLLN runs the Ezili Danto Witness Project and we have people on the ground in Haiti. Their first hand account of the current situation is that a natural disaster of epic proportion has hit the poorest of the poor and they are wounded, hungry, hurt, traumatized and most without food, clean water and medical treatment since last Tuesday. For you Mr. Richard to criminalize and vilified these people at such a time is repugnant. The people of Haiti are not violent or naturally prone to lawlessness. The US is statistically more violent than Haiti and the only times, in the past 20 years, that  the violence in Haiti increases is when the US supports death squads and regime change that massacre the poor.

Point four: Haiti needs conscious disaster relief with human rights and dignity, it does not need your propaganda Mr. Champagne alleging the innate violence of people who were not ever committed of any crimes. Medical relief, food, shelter and water are its priority right now, not 12,000-pentagon gun , to, as you write "curtail the lawlessness before it becomes uncontrollable." This projection of fear is arbitrary and capricious Mr. Champagne.

Here are two reports that contradict your irresponsible assertions about the current situation in Haiti:
1. Doctor: Misinformation and Racism Have Frozen Recovery Effort at General Hospital in Port-au-Prince | http://bit.ly/7zZ4gu
“There are no security issues,” says Dr. Evan Lyon of Partners in Health, reporting from the General Hospital in Port-Au-Prince in Haiti, where 1,000 people are in need of operations. Lyon said the reports of violence in the city have been overblown by the media and have affected the delivery of aid and medical services. http://bit.ly/7zZ4gu

2. Tell CNN to stop hyping fears of violence in Haiti. For shame at  http://bit.ly/6bXnPz

HLLN is working at over capacity right now.

But, we are prepared to provide testimony, including from some who were held indefinitely, detained without ever having been convicted or charged with a crime, and who are now seriously injured and dying and who you are maligning. Their survivors are ready for a class action suit against the media and you and your organization, Mr. Richard, to take all to court for this vilification/defamation. As HLLN is working over capacity, we are prepared to make a general call to human rights attorneys who wish to assist should your organization not make a retraction IMMEDIATELY.

This letter will go public - on facebook, twitter, our blogs and all the social networks and to the Ezili Listserve. We are hereby asking civil rights and human rights lawyers who would like to assist the earthquake victims to help HLLN stop the maligning and criminalization of the people of Haiti and anticipate your retraction within the next 3 days.


Very Truly Yours,
Ezili Dantò
Haitian Lawyers Leadership Network

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