Where is Justice in Haiti?" update on Jean-Juste

By Bill Quigley, professor of law at Loyola University New Orleans School of Law.

     A half an hour ago,over a dozen masked police officers with machine guns, forced a handcuffed Fr.Jean-Juste into a police van and sped away.

    As he was being put into the police wagon he yelled to the officers and the onlookers "Where is the justice in Haiti?  I am a priest.  Why do you treat people like this?  Vive Aristide!"

    No one yet knows where Fr. jean-Juste has been taken.  No written charges have been made against him. This afternoon Fr. jean-Juste was still in Petitionville jail, where he shared a single toilet with over 40 prisoners.  There were no beds and no running water.

     He had a quick hearing with a justice of the peace, who refused to wait until Mario Joseph, his Haitian lawyer could be present.  No written charges were shared - again questions were like, what party do you belong to?  can you explain your presence at the funeral of Jacques Roche?  Do you know why the bandits killed him?  Do you visit the poor neighborhood of Bel-Air frequently?

    At the conclusion of the meeting with the justice of the peace, we took a harrowing ride with police machine guns downtown to the prosecutor's office where no questions were asked and no conversation was held. Papers were signed and Fr. Jean-Juste was placed in handcuffs and taken away.

   Mario Joseph, of the Institute of Justice and Democracy in Haiti, and I will continue to try to find out where Fr. Jean-Juste is over the weekend and will report what we know.

    The only thing we know for certain is the answer to Fr. Jean-Juste's cry to the soldiers, "Where is justice in Haiti?"  If there is to be justice in Haiti, it rests with those who are willing to struggle for human rights for all.

    Freedom is coming, but only if we keep up the pressure.

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Masked men take Bill Quigley and Father Jean Juste out of the Petionville Prison

by marguerite laurent, July 22, 2005 | Haitian Perspectives

I swear to all that's holy, if such things still exist in this surreal world we are now living in, that this Haiti work can give a grown woman a heartache. This stuff is truly terrifying and I'm not even there. Imagine those who are, like father Jean Juste and Bill Quigley.

Just as I was about to send this e-mail out. I got two calls. The first relayed that a Haitian radio station just reported that father Jean Juste and Bill Quigley were taken out of the Petionville prison by men in "cargoule" - that is, black masks and they did not know and were not told their destination.

I called to get direct corroboration. Reached someone who had spoken to Bill Quigley one hour ago. Bill was in the car with the mask men with guns!!!!

Now, for those who don't know, these are the guys known for shooting unarmed demonstrators while the UN, and before that US Marines, gave them firepower cover in Haiti.

Bill confirmed he did not know where they were taking him and Jean Juste. Then later when he spoke to Bill again, he said they were "downtown in the courthouse." Also, I was told, "they keep changing the charges. Now it seems they want to charge him with "preaching for the return of Aristide!" - That seems to be a new change.’

When father Jean Juste and Bill Quigley got to the courthouse, there were many MORE military men with black masks over their faces strategically positioned around the court house.

This is bringing to mind the days of Fort Dimanche in Haiti - that infamous Duvalier torture chamber where the perpetrators put on mask, tortured or killed you. But Duvalier is gone; this is UN/US Bush regime change for our own good, for democracy!

Apparently, these Coup D´etat folks don´t have a very coherent plan going. They got Jean Juste and his lawyer to the downtown courthouse in this nefarious, terrifying way, and then when they were there, it appears, from this first report, that they asked them no questions. Kept them in limbo and traumatized, then transported father Jean Juste, not back to the Petionville prison he was in this morning. But to the infamous Haitian National Penitentiary.

Don't know any more than this folks. Even debated whether to transmit my terror here. But as a fellow lawyer, I can't imagine what Bill Quigley is feeling. His role is to go with his client. His station as legal counsel, the law and Constitution are supposed to protect him and his client. The fact is Bush regime change has violate all the laws, international and Haiti's domestic laws. The law of even civility in Haiti means nothing to this pack of liars and cheats. When there is no social contract, no laws agreed upon that are respected, that means we all mean NOTHING. Everything is arbitrary and capricious, a bottomless terrifying hole with no principles as footholds to rely upon and make a stand from, knowing even the guy with the gun won't shoot because he'll be accountable. Impunity is all in Haiti now. The UN can shoot people in their homes while asleep. The new Tonton Macoutes in black masks that Bush is giving more arms to can "legally" take father Jean Juste with his visiting lawyer from prison without notice, not tell them where they are going and do whatever they wish. There seems to be nothing one can do when a priest, who goes to a relative's funeral, gets beat up in church, because he supports the former Constitutional government. Then, it's him who is arrested and now being traumatized. Those wild group 184 people who beat him in the church are free, with no worries of getting arrested for assault, battery, intentional infliction of emotional distress, slander. No worries whatsoever because Santa Claus-Noreiga-and-Foley will make all charges against human rights abuses who espouse their vision for Haiti simply go away.

Everyone else is fair game.

This is intolerable. Please continue calling for a return to the rule of law. Haitians fought so dam hard, for centuries to get to democratic rule by 1990. We cannot allow these fascists to win. Resignation or reconciling with injustice is simply not an option. (Below is Bill Quigley's report on what happened yesterday.)

Marguerite Laurent, Esq. July 22, 2005

*****

Haitian Priest Assaulted by Mob at Funeral and Arrested for Murder Dear Friends:

This is Bill Quigley. I was with Fr. Gerard Jean-Juste all day yesterday from church to jail. Though it seems unbelievable even to me, this is is what happened and some action ideas about what to do about it. Pardon if it not very well-written, but the computers are not working well and this is the best I can do in a short time with little sleep. Please circulate this to anyone you want. Please feel free to reprint and send it anywhere.

Story: Haitian Priest Assaulted by Mob at Funeral and Arrested for Murder. By Bill Quigley, in Port au Prince. Bill is a law professor at Loyola University New Orleans and is co-counsel with Mario Joseph and the Institute for Justice and Democracy in Haiti. Mario Joseph can be reached at 509.554.4284. Bill can be reached in Haiti at 509.401.4822 and in US at 504.861.2709.

On Thursday July 21, 2005, Fr. Gerard Jean-Juste went to St. Pierre's Catholic Church to be one of the priests participating in the funeral of Haitian journalist Jacques Roche. Fr. Jean-Juste is a cousin of the Roche family and members of the Roche family protected him from a mob earlier in his life. He went to express spiritual comfort and reconciliation to the family.

The tragic kidnaping and death of Jacques Roche has been taken up as a cause by those opposed to the Lavalas party. Jacques Roche was identified as a supporter of the people calling themselves the group of 184, who overthrew by force the democratically elected goverment of President Aristide, the leader of the Lavalas party, in February 2004.

Oppononents of Aristide say that because the body of Jacques Roche was found in a poor neighborhood that he was executed by the Lavalas party who is very strong in the poorest neighborhoods. For those of us in the US, this is much like blaming John Kerry for inner city deaths because most of the people in the inner city vote democratic.

Fr. Jean-Juste went to the funeral expressly to pay his respects to the family and express his open remorse and opposition to any killing of anyone, no matter their political affiliation.

Jacques Roche's coffin was in the chapel next to the sacristy and main area of the chuch. At 10 o'clock the bishop and about seven priests robed in white with purple stoles or sashes paraded out of the sacristy of the church to the chapel next to the main area of the church to say blessings over the coffin of Jacques Roche.

When Fr. Jean-Juste walked out, people started yelling at him in the chapel. They called him "assasin" and "criminal" and yelled out to "arrest and kill the rat."

Fr. Jean-Juste has been publicly accused in the last several days of "a plot against the security of the state," smuggling money and guns into the country, and of being behind all the kidnappings. All clearly false charges but widely reported by unfriendly press.

People knew Fr. Jean-Juste was coming to the funeral because that was printed on the front page of a conservative paper the day before.

As the well-dressed people continued yelling at Fr. Jean-Juste, the prayer service nearly turned into a riot. The other priests turned to leave and a well-dressed crowd of screaming people surrounded him.

I went out to be by his side. Some plainclothes security people and a few priests surrounded us and helped push us through the increasingly hostile crowd back into the church sacristy.

The other priests then persuaded Fr. Jean-Juste not to continue in the funeral service. So we stood aside as the priests and the funeral crowd filed past us into the main church.

Well-dressed men and women continued to scream and threaten Fr. Gerry as they moved by us into the church. Then a crowd of 15 or 20 or more young men, not dressed at all for the funeral came into the sacristy and the mood turned uglier and more menacing. At that point, the security forces melted away.

The young men continued the screaming started by the well-dressed people and then started pushing and hitting Pere Jean-Juste. At that point a young woman came out of the funeral crowd and embraced Fr. Jean-Juste shielding him with her body from the blows and the increasingly loud and angry young men. She started praying loudly and saying "mon pere, mon pere."

A man in a suit, who identified himself as head of security for the funeral, rushed back in from the church area - only a few feet away and in plain view -and told Fr. Gerry these people were going to kill him there in the sacristy unless he fled. Fr. Jean-Juste knelt to pray and the woman and I knelt with him in the middle of the growing crowd.

At that point people started slapping Fr. Jean-Juste on the head and face and spitting on him and the other two of us. Something then hit Fr. Jean-Juste in the head. Someone punched him in the eye. We stood up and a few UN CIVPOL officers showed up to help us leave the sacristy of the church. As we tried to get to the stairs people continued pushing and screaming and shouting threats. They continued to call out "assasin," "criminal," and "kill the rat."The crowd now overwhelmed the police. More people spit on us and hit Fr. Gerry, even in the face, while others were grabbing his church vestments trying to drag him off the church steps.

The CIVPOL were trying to hold back the crowd but were still well outnumbered and were not able to halt the mob. We moved up the steps into a narrow dark corridor while the crowd pushed and shoved and spit and hit. We then retreated into a smaller corridor and finally to a dead end that contained two small concrete toilet stalls.

The three of us were pushed into the stalls as the crowd banged on the walls and doors of the stalls and continued screaming. The woman held the door closed and prayed loudly as the people outside roared and the CIVPOL called for reinforcements.

After a few minutes, reinforcements arrived and the hallway was finally cleared of all but us and the authorities.

A man in a suit identifying himself as secretary for security for Haiti told us that he was going to have to arrest Fr. Jean-Juste because public clamor had identified him as the assasin of journalist Jacques Roche. The police would bring him to the police station for his own safety. Fr. Jean-Juste told the man that he was in Florida when the journalist was killed and he wanted to return to St. Claire's, his parish. The man left escorting out the woman who helped us.

In a few minutes, CIVPOL police, including troops from Jordan, surrounded Fr. Jean-Juste and I and ran us out of the church to a police truck. The truck with police with machine guns sped away from the church and took us not to Fr. Gerry's parish but to the police station in Petitionville.

For the next seven or eight hours we were kept in a room while the UN forces and the Haitian forces negotiated about what to do. Fr. Gerry read his prayer book while we waited. We were told informally that the UN wanted to escort Fr. Jean-Juste back to his parish but the Haitian government was insisting that he be arrested.

The attackers were allowed to go free and not arrested, but they wanted to arrest the victim! Fr. Gerry told me "This is all a part of the death sentence called down upon me on the radio in Miami. The searches at the airport, the visits to the police stations, the mandate to appear before a criminal judge yesterday, and now this. It is all part of the effort to silence my voice for democracy."

At about 6pm, several Haitian officers came into our room and ordered Fr. Gerry and I and Haitian attorney Mario Joseph to come with them. The officers held out a piece of paper that they said was an official complaint against Fr. Gerry accusing him of being the assasin of Jacques Roche.

The complaint was based on "public clamor" at the funeral identifying him as the murderer. They refused to let Fr. Jean-Juste or the lawyers see this paper. It was their obligation, they said, to investigate this public clamor identifying him as the murderer. If Fr. Jean-Juste chose not to talk with them, they would put him in jail immediately.

Fr. Jean-Juste agreed to the interrogation and it went on for over three hours. He was growing increasingly sore and tired from the beating he took, but was not bleeding externally. When the lawyers argued with the police, Fr. Gerry read his prayer book.

The police already knew that Fr. Jean-Juste was in Florida at the time of the kidnapping and death of the journalist, because the police had already interviewed him several times in the last few days in connection with the other false allegations against him, but asked him many questions anyway. How many cell phones did he have? What is his exact relation to Jacques Roche? Why did he go to the funeral? Can he prove he was in Florida? Since he was on the news in Florida can he provide a copy of the newstape showing he was in Florida? When Aristide was president was he provided with armed security? What happened to the pistols that his secutity had? Could he find out and have any pistols returned to the government? Why did he go to the funeral? Did Lavalas promise Aristide to execute someone from the group of 184 in retaliation for them taking power? When was the last time he was in the US? Are the Catholic sisters in Bel-Air with you when you got to demonstrations there? and on and on.

After over three hours, the interrogation finished.

With great solemnity the police told Fr. Jean-Juste that he was being charged with participating in the death of Jacques Roche and not returning state property. The said the law orders that he will be brought before a judge within 48 hours for further decision.

At exactly 10pm, Fr. Gerry handed me his keys and church vestments and was locked into the jail cell at Petionville with many, many others. He was holding a pink plastic rosary, his prayer book and a roll of toilet paper.

He flashed a tired smile and told me: "Now you see what we are up against in Haiti. If they treat me like this, think how they treat the poor people. Tell everyone that with the help of God and everyone else I will keep up the good fight. Everyone else should continue to fight for democracy as well. The truth will come out. I am innocent of all charges. I will be free soon. Freedom for Haiti is coming. The struggle continues."

As I left him, a very tired Fr. Gerard Jean-Juste was being greeted by all the prisoners in the very crowded jail cell as "mon pere!"

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