[rnddh-press] Declaration: April 3, 2000 – April 3, 2008

RNDDH Info info at rnddh.org
Mon Apr 7 10:08:51 EDT 2008


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Declaration

*

RNDDH's position on the events of April 3, 2000
***

------------------------------------------------------------------------

For eight years now the cases of Jean Léopold Dominique and Jean Claude 
Louissaint have been as directionless as a piece of wood in the middle 
of the ocean.

RNNDH has noted that the investigation of the murders of Jean Léopold 
Dominique and Jean Claude Louissaint has been managed by more 
investigating judges than any other case, including the following:

1. Judge Eddy Darand

2. Judge Jean Senat Fleuri

3. Judge Claudy Gassant

4. Judge Josiard Agnant

5. Judge Bernard St. Vil

6. Judge Napela Saintil

7. Judge Jean Perez Paul

8. Judge Hercule Ostrick

9. Judge Fritzner Fils-Aimé, the ninth judge to work on this case. 
However, so far there has been no final decision to shine a light on 
this crime.

The first ruling on this case was made in 2003. The ruling attracted 
negative attention from many sectors, particularly the human rights 
sector because the investigation did not cover the masterminds of the 
criminal act. Here are six people who were arrested according to the 
ruling issued by Judge Bernard St. Vil:

1. Dymsley Milien, alias Ti Lou

2. Jean Daniel Jeudi, alias Guimy

3. Markengton Philippe

4. Ralph Leger

5. Freud Junio Demarattes

6. Ralph Joseph

On August 4, 2004, the appeals court issued a ruling which liberated 
Ralph Leger, Freud Junior Demarattes and Ralph Joseph and sent the 
following men to a criminal trial without a jury: Dymsley Milien, alias 
Ti Lou, Jean Daniel Jeudi, alias Guimy and Markengton Philippe. These 
three men, after being indicted, took advantage of an uprising in the 
National Penitentiary on February 19, 2005, to escape. At the same time, 
the appeals court asked for a rogatory commission to complete the 
investigation.

The "court de cassation" (highest court), on June 29, 2004, made the 
decision to confirm the ruling the appeals court. After a year the 
justice authorities decided, on April 3, 2005, to appoint an 
investigating judge to complete the investigation as had been requested 
by the appeals court.

 From May 3, 2006 until April 3, 2008, 23 months, Judge Frintzner Fils 
Aimé sat on the case of Jean Léopold Dominique and Jean Claude Louissaint.

A variety of interviews were conducted, though there were also many 
individuals who refused to respond to the judge's invitation. There are 
mandates that were issued and never executed.

Currently, there are only two people being held in relation to the 
Dominique/Louissaint case: Mercidieu Toussaint, alias Makawon, who was 
arrested on August 26, 2007, and former Police Commissioner Jean Daniel 
Ulysse, the former office chief of the DCPJ in 2004, who was arrested on 
December 10, 2007.

RNDDH has noticed that there are many obstacles on the road to justice 
for Jean Léopold Dominique and Jean Claude Louissaint.

-  The appeals court, which asked for a rogatory commission to complete 
the case, did not take care to define the mandate of the rogatory 
commission. This slowed progress on the case.

-  The government did not take responsibility for the case - it decided 
not to reinforce the judicial-legal mechanisms, such as the police, to 
be able to execute the mandate which had been handed down on the case.

-  The government preferred to create another extra-judicial mechanism 
(tool), which showed that it was ready to sacrifice "the quality of a 
good ruling to the detriment of the quantity of rulings" as it had 
already done in the case of Brignol Lindor.

A criminal investigation which does not shine a light on the crime, the 
motive of the crime, the strategy that was used to commit the crime, is 
not an investigation that is contributing anything to society.

RNDDH would like to ask:

-  For the investigating judge to do his job and complete the report for 
the appeals court right away.

-  For the government (the police) to take all measures necessary to 
carry out the orders handed down by the judge in this case.

-  For the police to re-arrest all of the fugitives from this case.

-  That all efforts are made to have a fair investigation so that 
everyone can know who killed Jean Léopold Dominique and Jean Claude 
Louissaint and which people paid for the crime to be committed.

(translated from Creole)

 

 
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