Report of the National Network for the Defense of Human Rights (Rnddh), dated August 20, 2021, on the assassination of former de facto president Jovenel Moïse, on July 7, in his residence in Pilgrim 5
Document sent to AlterPresse on August 22, 2021
Some salient points noted by AlterPresse:
Many calls were made by Jovenel MOÏSE, from 1:36 to 1:46 in the morning. None of those he seemed to rely on to protect him showed up. Inspector General André Jonas Vladimir PARAISON is one of the last people he spoke to. He was the first to arrive on the scene. And, it was he who organized the evacuation of Martine MOÏSE.
The Acting Director General of the Pnh Léon CHARLES received at least two (2) distress calls from the President, just before his assassination. He had promised the latter to send him reinforcements immediately. This has not been done.
Furthermore, Joseph Félix BADIO, whose phone was broadcasting around the house of Jovenel MOÏSE, was in close contact with several personalities. For example, the very evening of the assassination, Prime Minister Ariel HENRY spoke by telephone with both Joseph Félix BADIO and the President.
Magistrate Wendell Coq THELOT also spoke with Joseph Félix BADIO.
Several suitcases containing large sums of money, documents as well as the servers of the residence's surveillance cameras, were taken away by the commando who had entered the house.
To implement their macabre plan, the intellectual and material authors of this assassination were able to count on the support of at least two (2) of the presidential security officials, namely the divisional commissioner Jean Laguel CIVIL and the municipal commissioner Dimitri HERARD, respectively coordinator of the general security of the president and chief official of the Usgpn
...they (the Colombians) had knowingly agreed to be involved in a flagrant case of attack on internal security of the Haitian state, today aggravated by the assassination of a president in office.
Rnddh recognizes, however, that the information provided to it did not allow it to lift the veil on the intellectual authors of this assassination because the people met do not seem to want to share all the information they have.
This file must therefore be the subject of a meticulous investigation and for that, it must be transferred to a courageous magistrate, respectful of the laws, principles and procedures and above all, respected in the profession.
I.INTRODUCTION
1. On the night of July 6 to 7, 2021, Jovenel MOÏSE, de facto President of the Republic of Haiti was assassinated in his residence in Pèlerin 5.
2.On the same day, the outgoing prime minister, Claude JOSEPH, affirmed that this assassination was perpetrated by Colombian and Venezuelan mercenaries and that everything was under control. Since then, information has flowed from all sides, several subsequent events have been recorded and the most improbable scenarios have been presented to the Haitian population who, paralyzed by this assassination, are still trying to understand what really happened.
3.The National Network for the Defense of Human Rights (Rnddh), which has, since July 8, 2021, launched an investigation into this unprecedented event, is now proposing to share with public opinion the conclusions of his investigations.
II. METHODOLOGY
4.As part of this investigation, the Rnddh consulted various official reports which were drawn up by the justices of the peace required for this purpose. Subsequently, Rnddh visited the area where the presidential residence is located on several occasions. He also spoke with:
•The Central Directorate of the Judicial Police (Dcpj);
•The General Inspectorate of the National Police of Haiti (IgPnh);
•The Directorate of Penitentiary Administration (Dap);< br>•The Public Prosecutor's Office at the Court of First Instance of Port-au-Prince;
•The Court of Peace of Pétionville;
•Agents of the General Security Unit of the National Palace (Usgpn), detained in connection with this assassination;
•Agents of the Presidential Security Unit (Usp) detained in connection with this assassination;
•Agents of the Counter Ambush and Tactic Team (Cat Team) detained in the context of this assassination;
•Residents of Pèlerin 5.
III. CONTEXT BEFORE THE ASSASSINATION OF DE FACTO PRESIDENT JOVENEL MOÏSE
5.Since 2017, the year in which the late Jovenel MOÏSE came to power, the general human rights situation in the country has been very worrying, if not catastrophic. Civil, political, social and cultural rights are constantly trampled underfoot by the very people who pledged to realize them.
6. Indeed, insecurity is in full swing. Spectacular assassinations, kidnappings followed by kidnapping for ransom, rapes and gang rapes are the daily lot of Haitians. The elections were not held in time for the renewal of elected officials. Contrary to campaign promises, the socio-economic situation of the people has deteriorated and no program to redress this situation has been set up. State coffers were looted. Inflation has never been so high.
7.However, more than anything, it is the phenomenon of the gangsterization of state structures and the country, which officially appeared with the Parti haïtien tèt kale (Phtk) regime and reinforced with the administration of Jovenel MOÏSE, which caused – and still causes – the greatest harm to the country.
8. Armed gangs have united and sow terror in the country, particularly in disadvantaged neighborhoods where armed attacks and hegemonic wars have never ceased. Indeed, from 2018 to 2021, at least thirteen (13) massacres and armed attacks, perpetrated in Bel-Air, Cité Soleil, La Saline, etc. have been documented by the Rnddh. As a result of these bloody events, at least four hundred and eighty-seven (487) people have been murdered, one hundred and twenty-nine (129) people are missing and at least thirty-three (33) women and girls are victims of rape. collectives.
9. At the same time, on June 1, 2021, in Martissant and Fontamara, a new war broke out between rival gangs located at the southern entrance to the capital. Many people were murdered, others were forced to move under the indifferent gaze - some would say with the complicity - of the administration of the late Jovenel MOÏSE. And, those who stayed at home or returned to their area of residence, live under the constant threat of gangs. Moreover, regularly, people, chased on the boulevard Jean Jacques Dessalines, connecting Martissant and Fontamara both to the city of Port-au-Prince and to the town of Carrefour, are victims of bullets. Four (4) geographical departments of the country as well as part of the West department are cut off from the rest of the national territory.
10. Demonstrations organized to demand respect and realization of the human rights of the population were systematically and violently repressed by agents of the National Police of Haiti (Pnh
11. The On February 7, 2021, the mandate of the late de facto president Jovenel MOÏSE ended. However, not wanting to leave power, he had engaged in a struggle with an uncertain outcome, arguing that given the date of his enthronement , he would not leave until 2022. To cling to power, he allowed himself all the blows such as, for example, the affair of the Residence of Petit-Bois, in Tabarre where, on the night of 6 to 7 February 2021, eighteen (18) people including a judge at the Court of Cassation, an inspector general of the National Police of Haiti (PNH), agents of the Pnh as well as other citizens, were arrested and imprisoned on charges of conspiracy against the internal security of the State and attempt on the life of the President of the Republic.
12.There is no need to underline that since the scandal caused by this file, the head of the General Security Unit of the National Palace (Usgpn), Dimitri HERARD then presented as being the one who deflected the blow, became the darling of the president who already granted him great confidence.
13. It should also be noted that towards the end of his mandate, Jovenel MOÏSE had also invested in very controversial projects such as the drafting of a new constitution, the organization of a referendum with a view to endorse the new constitution and the holding of presidential, partial legislative, municipal and local elections in the country. However, human rights organizations including the Rnddh, leaders of political parties and other organized groups in the country have never ceased to draw attention to the fact that the general security situation the control of territories hosting 60% of the electorate by armed gangs, do not provide the right climate for the realization of free, honest, democratic, inclusive and credible elections.
14. Meanwhile, Jovenel MOÏSE had not stopped attacking those he considered to be part of the radical political opposition and the corrupt oligarchy, his fierce opponents who prevented, according to him, from moving forward with major projects such as 24/24 electricity for all, road construction and socio-economic development, in addition to the new constitution he wanted to endow the country with, the one currently in force. representing in his eyes the cause of all the ills of Haitians.
15. In this untenable situation where living in Haiti was almost uncertain, a new rise in the Covid-19 pandemic caused the death of several people, some of whom were known. However, the insecurity quickly proved to be much more virulent than the Covid 19 disease itself. And, this insecurity has above all been aggravated by the inaction and the marked absence of political will to remedy it.
16. It is therefore in this context of denial of human rights that on July 7, 2021, exactly five (5) months after the end of the presidential mandate, that the Haitian population woke up with this devastating news of the execution of de facto president Jovenel MOÏSE. This news paralyzed the country for no less than three (3) days, during which all economic and social activities were stopped.
IV.PRESENTATION OF THE HOUSE OF FIRE PRESIDENT DE FACTO JOVENEL MOÏSE
17.The house where the de facto president Jovenel MOÏSE lived is located at Pèlerin 5. It is accessible by two (2) routes: Thomassin and Pèlerin 5. The roads leading to it are partly dirt and are in fact real corridors.
18.A perimeter wall surmounted by a large wrought iron barrier protects the presidential residence, which is wedged between a hill and a ravine. This serves as a channel for rainwater and waste water from neighboring houses. Built for the most part on the mountainside, these houses dominate the courtyard of the presidential house, at the main entrance as well as at the back.
19.To invest the courtyard through the main entrance, you have to cross a bridge under which the water of the aforementioned ravine flows, which itself separates the surrounding wall from the adjacent houses.
20. On the right, refusing the main entrance to the residence, you can take a dirt road giving access to the backyard, also overlooked by houses, seven of which were destroyed on the 7th July 2018 by agents of the Intervention Corps for the Maintenance of Order (Cimo), at the express request of the Directorate General of Taxes (Dgi), the then government commissioner at the Court of First Instance of Port- au-Prince, Me Clamé Ocnam DAMEUS, the then Secretary of State for Public Security, Léon Ronsard ST-CYR and the then West Departmental Director of the Pnh, Berson SOLJOUR.
21.Finally, it should be noted that in 2016, an assessment carried out by agents of the Counter Ambush and Tactic Team (Cat Team) recommended that the security of this house be reinforced. This recommendation was never taken into account by the officials concerned.
V. GENERAL SECURITY ORGANIZATION FOR THE PRESIDENT
22.According to information gathered by Rnddh, the security of the President, the National Palace, his residence and his travels is ensured by three (3) specialized units, namely the Presidential Security Unit (Usp), the Counter Ambush and Tactic Team (Cat Team) and the General Security Unit of the National Palace (Usgpn). A coordinator ensures the planning and coordination of their work.
23. Between them three (3), these units bring together at least six hundred and forty-seven (647) agents, including two hundred and thirty-two (232) assigned to the Usp, from which are subtracted the eighty - ten (90) agents from the Cat Team and four hundred and fifteen (415) assigned to the Usgpn. These specialized units are vested with the specific responsibilities described below.
1.Presidential Security Unit (Usp)
24.The Presidential Security Unit (Usp) is the President's bodyguard team. As such, the agents of the Usp are trained for the defense in withdrawal and the evacuation of the president, from any place where he is. In this sense, they must have maps of the places where the president lives and works as well as maps of the places he visits.
25.If as mentioned above, the strength of the Usp is two hundred and thirty-two (232) agents-tes, from which are subtracted the ninety (90) agents of the Cat Team, its actual workforce differs because only forty (40) of them are active.
26. It has also been reported to Rnddh that in the case of the late de facto president Jovenel MOÏSE, USP agents did not have access to all parts of his private residence. Several of them did not even know the location of his room and had no plan for defense and evacuation.
27. For best performance, Usp agents should always be in training. But, in reality, that was not the case. For example, Usp agents have, in two (2) and a half years, carried out a single shooting session. Among those who were asked to fire twenty-five (25) rounds, only three (3) were able to hit – irregularly – their target.
28. The Usp functioned very badly. Officials were aware of this but did nothing to improve the situation. It was mostly overshadowed by the Usgpn.
2.Counter Ambush and Tactic Team (Cat Team)
29.An elite unit, the Counter Ambush and Tactic Team (Cat Team) is a branch of the Usp. It is considered to be the eye of the Usp, without whose presence, the latter is ineffective.
30.The Cat Team has ninety (90) agents, among whom thirty-five (35) are seconded to personalities close to the assassinated de facto president.
31.The Cat Team's mission, according to the agents interviewed as part of this investigation, is to ensure the President's security perimeters, to participate as armed arms in presidential motorcades, to plan and participate in executing the President's travel routes and missions.
32.As an elite unit of the Usp, the Cat Team possesses numerous weapons and ammunition to deal with armed attacks and to protect the president and his family. However, still according to the information collected, for several years, the stock of arms and ammunition has not been renewed. On the contrary, it has shrunk, due to the fact that the other units assigned to presidential security often borrow from the Cat Team.
3.National Palace General Security Unit (Usgpn)
33.The General Security Unit of the National Palace (Usgpn) is called upon to secure the surroundings of the palace and all other places where the president may be. It has four hundred and fifty (450) your agents, many of whom are however inactive.
34. The Usgpn agents are furthest from the President because, in the event of an attack, they are responsible for repelling the attackers, while those of the Cat Team must provide cover and defense to allow to those of the Usp to evacuate the president.
35. It has also been reported to Rnddh that many Usgpn agents are on secondment with figures close to power. This is the case, in particular, of Usgpn agents, who have ensured the security of a Mayor of Les Cayes for more than three (3) years, the security of ministers and that of former senators. Many are also called upon to secure convoys of rice trucks, in particular for their transport in the deep south. And, at least one (1) agent is assigned to the security of an engineer living in Les Cayes.
VI. PRESIDENT'S SECURITY COORDINATION
36. In reality, the coordination between these units was not effective. Usgpn agents are particularly criticized for having disorganized the work of securing the president and for having placed themselves, by their behavior, above Usp agents.
37. Indeed, they did not respect their scope of action, occupied the perimeters of the Usp and the Cat Team. They did not receive orders from the responsible escorts. In this sense, correspondence denouncing this state of affairs had been sent to those responsible, but no follow-up was recorded.
38. In fact, according to several people interviewed as part of this investigation, it is since the arrival of Dimitri HERARD at the head of the Usgpn that the order of things has been reversed, because he had the full confidence of the President.
1. Security Organization of the President's Residence
39.Two (2) fixed patrols made up of the Intervention Corps for the Maintenance of Order (Cimo) and the Departmental Unit for the Maintenance of Order (Udmo) are respectively posted in a vehicle of the Pnh and in a container, a few meters from the house. The agents assigned there must constitute a first rampart at the residence of the late Jovenel MOÏSE.
40.We then find the agents of the General Security Unit of the National Palace (Usgpn) normally placed a few meters before those of the Cat Team. And finally, the Usp agents are to be scattered over the courtyard and inside the presidential house.
41. Two (2) surveillance cameras are also placed on the site, one at the gate of the residence and the other at the entrance to Pèlerin 5. However, the monitoring is placed in the room of the victim.
42. In addition, one (1) vehicle containing surplus weapons and ammunition, in order to ward off any possible attack, is normally parked in the courtyard of the residence.
2. Organization of security on the night of July 6 to 7, 2021
43. On the night of July 6 to 7, 2021, twenty-three (23) agents were stationed at the President's residence. They should have been twenty-four (24) in number: three (3) team leaders with one leader per specialized unit, nine (9) Usgpn agents, responsible for guarding the entrance to the residence, six (6) Cat Team officers assigned to secure the north side of the residence and six (6) Usp officers assigned to secure the yard.
44.Jeanty HUBERT, the team leader of the Usp, the president's bodyguard unit, was absent from his post for personal reasons.
45.The above officers had at their disposal three (3) Galil rifles and two (2) M4 rifles. Usp agents also had their guns at their disposal.
VII. BACKGROUND TO THE ASSASSINATION OF JOVENEL MOÏSE
46. From January to June 2021, several individuals returned to Haiti, among them at least three (3) Americans of Haitian origin, one (1) Venezuelan and twenty-two (22) Colombians. The latter were recruited according to their statements, by the Counter Terrorist Unit (Ctu) to provide security work in Haiti, paid between two thousand seven hundred (2,700) and three thousand (3,000) US dollars per month per person.
•Some of these individuals arrived in January 2021. They were taken to the Maxime Boutique Hotel, located at # 74, Bois Moquette, Pétionville.
•On April 19, 2021, Vincent JOSEPH and James SOLAGES entered Haiti. They introduced themselves to the Pnh agents who had been responsible for collecting them, as being respectively an agent of the Central Intelligence Agency (Cia) and an employee of the United States Department of Justice. They were also taken to the Maxime Boutique Hotel, located in Pétionville.
•In May 2021, Emmanuel Antonio INTRIAGO alias Tony, Jean PIERRE and Christian Emmanuel SANON arrived. They were taken to the house of Samir HANDAL, located in Delmas 60.
• On June 6, 2021, twenty-two (22) individuals recruited by the Counter Terrorist Unit (Ctu) entered Haiti. Fifteen (15) of them were installed at the hotel and the seven (7) others were taken to the house where Christian Emmanuel SANON lived. Subsequently, to fulfill the task for which they were recruited, they arranged to work in rotations of five (5) agents.
47. Many meetings were held from January 2021 until the assassination of Jovenel MOÏSE. Some meetings took place at the International Medical Village, Corvington Security S.A., Camacho Sécurité S.A., Maxime Boutique Hôtel, Counter Terrorist Unit (Ctu) and Château Host Hôtel. Other meetings took place in private houses, one of which belongs to Samir HANDAL, located at Delmas 60. Two (2) houses respectively located at #11, Rue des Pilonnes, at Delmas 31, and at # 10, Pèlerin 6, were also used to host these meetings. At least one (1) meeting was held at the home of the magistrate of the Court of Cassation, Wendelle Coq THELOT.
48. In addition to magistrate Wendelle Coq THELOT, many well-known personalities have been singled out as having participated in one or more meetings with the individuals involved in the assassination of the de facto president. These include, among others, Paul DENIS, Harrisson ERNEST and John Joël JOSEPH.
49.Furthermore, approximately three (3) weeks before the victim's assassination, on the orders of Divisional Commissioner Jean Laguel CIVIL, President's Security Coordinator, the vehicle, containing weapons and ammunition, generally placed on the courtyard of the residence was put outside. The coordinator then justified his order by the fact that the president often complained about the presence of too many vehicles in his yard.
50. It should be noted that according to information collected by Rnddh, for two (2) weeks before his assassination, Jovenel MOÏSE no longer went to the National Palace. On several occasions, he even had his procession moved without going there himself, which suggests that he feared for his life. This fear was confirmed by an alert to the attack against the president which had been launched. According to the plans of this alert, it was planned to attack Jovenel MOÏSE while he was on his way or when he was at the National Palace. Consequently, his assassination as it occurred on the night of July 6 to 7, 2021, probably represented only a third plan, his assassins having understood that he had suspicions as to the initial plans.
51. Divisional commissioner Jean Laguel CIVIL, security coordinator for the president, had been informed of this alert. He touched the head of the USGPN, Commissioner Dimitri HERARD. However, no measures to strengthen the security of the president have been taken.
1.Mission planning
52. The initial mission as known by several people met by the Rnddh seems to have been to arrest the de facto president Jovenel MOÏSE on the basis of an arrest warrant issued on February 18, 2019 by the magistrate instructor Jean Roger NOËLCIUS, for acts of assassinations perpetrated in the context of the La Saline massacre, which occurred on November 13 and 14, 2018.
53.After his arrest, the de facto president Jovenel MOÏSE should have been replaced by Christian Emmanuel SANON or by the magistrate Wendell Coq THELOT.
54. In addition, well-known political figures and several other individuals were presented to RNDDH as having supported the arrest plan. These include Ashkard Joseph PIERRE, Maître Gordon Phenil DESIR, former senator of the Republic John Joël JOSEPH, magistrate Wendell Coq THELOT and doctor Harisson ERNEST. These personalities were also likely to occupy important positions in the transitional government which would then be set up.
55. According to what Rnddh has learned, fourteen (14) people are mainly involved in the preparation of the initial mission which consisted in arresting Jovenel MOÏSE. They are:
•James SOLAGES
•Christian Emmanuel SANON
•Joseph Félix BADIO
•Joseph VINCENT
•Reynaldo CORVINGTON
•Dominick CAUVIN
•Rodolphe JAAR Alias Dòdòf
• Gilbert DRAGON
•Angel NAVARO
•Walter VEINTEMILLA
•Duberney Giraldo CAPADOR alias Manuel
•Emmanuel Antonio INTRIAGO alias Tony
•Archangel PRETEL ORTIZ alias Gabriel
•German Alejandro RIVERA GARCIA alias Colonel Mike
56. They were in constant communication with:
•Dimitri HERARD
•Jean Laguel CIVIL
•John Joël JOSEPH
57. All other Colombian nationals who were not directly involved in the preparation of the mission had to participate actively.
58.The distribution of tasks in the group was as follows:
•Christian Emmanuel SANON was in charge of the general coordination of the coup that was to lead to his accession to power.
•Dimitri HERARD, was responsible for providing weapons and ammunition to the members of the commando including assault rifles, tear gas canisters, grenades and electric saws;
•Rodolphe JAAR alias Dodof was in charge of collecting and guarding the mission equipment before distributing it to the members of the commando at the appropriate time. In this sense, at least fourteen (14) firearms, and six (6) vehicles, mobilized for the commission of the crime, were concealed at his home.
•Gilbert DRAGON was responsible for providing the team with DEA insignia;
•John Joël JOSEPH was responsible for paying the vehicle rental fees in cash;
•Jean Laguel CIVIL was in charge of bribing agents assigned to the security of the president in order to allow a smooth entry of the commando into the residence of Jovenel MOÏSE. He had in his possession approximately one hundred thousand (100,000) US dollars.
•Joseph Félix BADIO was in charge of receiving real-time information relating to the actions of the victim. For this, he rented an apartment opposite the president's house and was in constant contact with Marie Jude Gilbert DRAGON who provided him with this information; On this point, it should be noted that Divisional Inspector Jude LAURENT, Usp agent, assigned to the security of the presidential residence was, in the past, attached to the close security of Marie Jude Gilbert DRAGON when the latter was a police commissioner. They kept close ties and it was up to Divisional Inspector Jude LAURENT to inform Marie Jude Gilbert DRAGON in real time, who himself relayed the information to Joseph Félix BADIO.
•Duberney Giraldo CAPADOR and German Alejandro Riviera GARCIA alias Colonel Mike, were responsible for reconnaissance of the site. To do this, they went three (3) times to the top of the mountain overlooking the President's house.
59. The mission was largely financed by Walter VEINTENILLA, a foreign national who had been promised to give him free rein to set up an electricity company in the country. He is currently the head of the Worldwide Capital Lending Group. He is also presented as being one of the leaders of the Counter Terrorist Unit (Ctu).
60.On the day of the mission, members of the commando were to post themselves outside and only a few influential members of the said commando, including German Alejandro Riviera GARCIA alias Mike, were in charge of entering the premises and apprehend Jovenel MOÏSE.
VIII. RECONSTRUCTION OF THE FACTS
61. To reconstruct the facts, the Rnddh first drew on the various reports, which were drawn up by the magistrates of the peace who had been requested, from July 8 to 17, 2021. Subsequently, the Rnddh spoke with those arrested in connection with this assassination. The information collected allowed him to understand the following:
62. On the night of July 6 to 7, 2021, police officers Bony GREGOIRE, William MOÏSE, Élie JEAN CHARLES and Joseph Félix BADIO were responsible for recovering the other members of the commando. In total, they were twenty-eight (28): the three (3) aforementioned police officers, twenty-two (22) Colombians, two (2) Americans of Haitian origin and Joseph Félix BADIO. Six (6) vehicles were mobilized for the operation.
63. At around 1:35 a.m., these heavily armed individuals broke into the security perimeter of the residence of de facto President Jovenel MOÏSE. No alert having been issued, they were able to easily pass the first security rampart composed of Cimo agents.
64.The main gate of the house had been left open as planned. However, while entering it, the members of the commando came under a few gunshots. An exchange of fire followed.
65. From the first shots, Jovenel MOÏSE began to make calls. The acting director general of the Pnh, Léon CHARLES, the security coordinator, the divisional commissioner Jean Laguel CIVIL as well as the head of the Usgpn, commissioner Dimitri HERARD were all contacted by him. They all promised to send him reinforcements immediately.
66.James SOLAGES, armed with a megaphone, urged the Pnh agents not to shoot and affirmed that it was a DEA operation. A few agents, some of whom were inside the building, still continued to fire, which prompted James SOLAGES to warn them against the DEA's response.
67. This ruse seemed to work, even if, subsequently, some agents met by Rnddh claimed that they had in fact run out of ammunition.
68. The names of at least nine (9) members of the commando are cited as those who broke into the residence and then some of them into the president's room. They are Victor Albeiro Pineda CARDONA alias Pipe, Naiser Franco CASTANEDA, Juan Carlos Yepes CLAVIJO, Neil Caceres DURAN, Duberney GIRALDO CAPADOR alias Manuel, Manuel Antonio Grosso GUARIN, Carlos Giovanni GUERRERO TORRES, Javier Romero MEDINA and Alejandro Giraldo ZAPATA. After having duly identified him, they coldly shot him with several projectiles.
69. The wife of the victim Martine MOÏSE as well as two (2) children of the presidential couple namely Jomarlie Jovenelle MOÏSE and Jovenel Junior MOÏSE were on the scene. The first was injured during the operation. The other two (2) had time to hide.
70. Numerous calls were made by Jovenel MOÏSE, from 1:36 to 1:46 in the morning. None of those he seemed to rely on to protect him showed up. Inspector General André Jonas Vladimir PARAISON is one of the last people he spoke to. He was the first to arrive on the scene. And, it was he who organized the evacuation of Martine MOÏSE.
71. Several suitcases containing large sums of money, documents as well as the servers of the residence's surveillance cameras, were taken away by the commando who had entered the house.
72. According to several agents from the specialized units met by the Rnddh, that evening, they were surprised by a real military intervention. The attackers had drones, grenades, high-caliber rifles, night-vision goggles, hammers and axes. For their part, the Pnh agents on the scene had neither the means nor the capacity to resist this attack. They also claimed that the movement of the vehicle which contained a surplus of weapons and ammunition and which was on the presidential courtyard, contributed to reducing their response capacity.
73.Consequently, even if some tried to retaliate, they had to give up very quickly, for lack of ammunition. In addition, agent Renor FONTUS himself team leader of the Cat Team, running out of ammunition, hid in the backyard of the residence of Jovenel MOÏSE. The other agents, for their part, quickly lowered their weapons. They were more concerned with saving their lives than protecting the presidential family.
74. On July 7, 2021, early in the morning, Martine MOÏSE was taken to a hospital in the capital before being quickly evacuated to Miami.
75.Around ten (10) o'clock in the morning, the justice of the peace Carl Henry DESTIN proceeded to the observation of the body of Jovenel MOÏSE, drew up a report before ordering the lifting of the body, lifting which will not be carried out only around five (5) o'clock in the afternoon. In addition, according to the report, Jovenel MOÏSE received twelve (12) projectiles: one (1) at the level of the head, one (1) in the left eye, one (1) in the forehead, one ( 1) to the left ear, two (2) to the chest, one (1) to the left forearm, one (1) to the right thigh and four (4) projectiles to the back.
76.Around 10:30 a.m., the forensic officers were able to enter the scene of the crime to begin their investigation.
IX. LOCATION OF HEADS OF SPECIALIZED UNITS RESPONSIBLE FOR THE PRESIDENT'S SECURITY
77. Taking into account the fact that an alert had been launched and that the life of de facto President Jovenel MOÏSE was threatened, the location at the time of the tragedy of the heads of the specialized units responsible for the latter's security is important for Rnddh.
1. Divisional Commissioner Jean Laguel CIVIL, President's Security Coordinator
78. Divisional commissioner Jean Laguel CIVIL coordinates the president's security.
79. He was at his home in Thomassin when, around one o'clock in the morning, he received a call from the president informing him that gunfire was heard around his home, and asking for a back -up for strengthening its security.
80.Divisional commissioner Jean Laguel CIVIL claims to have immediately called commissioner Dimitri HERARD, himself responsible for the Usgpn, as well as principal inspector Paul Eddy AMAZAN, responsible for the Cat Team, before taking the road towards the victim's residence. If they were able to quickly gather their troops, they only arrived near the residence before being stopped by the commando itself who informed them that it was a DEA operation.
2. Commissioner Pierre Osman LEANDRE responsible for Usp
81.Member of the Usp since 2003, police commissioner Pierre Osman LEANDRE was promoted to chief officer of the Usp on June 18, 2020. His main responsibility was to establish the connection between security coordination presidential and field teams.
82. On the night of July 6 to 7, 2021, he was at home when he received a call around three in the morning from Divisional Inspector Péguy TOUSSAINT, himself chief of operations of the Usp, informing him of the attack on the President's residence. He quickly called divisional commissioner Jean Laguel CIVIL who confirmed the facts and asked him to go to the national palace. A little later, he spoke with Inspector Paul Eddy AMAZAN who told him that everything was under control.
3.Senior Inspector Paul Eddy AMAZAN, Chief Cat Team Manager
83. Principal Inspector Paul Eddy AMAZAN comes from the thirteenth (13th) promotion of the Pnh. He has worked at the National Palace for twenty (20) years. However, for the past eighteen (18) years, he has been assigned to the Cat Team.
84.On the night of July 6 to 7, 2021, Chief Inspector Paul Eddy AMAZAN was at his home. At around 1:45 a.m., he was informed by Agent Willet CANGE, himself the Cat Team's Chief of Operations, that the President's house was under attack. He called other agents from the specialized units. Together, they went to the national palace in order to recover firearms and ammunition before taking the direction of Pèlerin 5. Arrived in Pétionville, they met the general manager a. i. of the Pnh who asked them to go and secure the national palace. He and the agents who accompanied him therefore returned there.
85. Principal Inspector Paul Eddy AMAZAN also claimed to have already sent his detailed report to the head of Usp.
4. Commissioner Dimitri HERARD, head of the Usgpn
86.Commissioner Dimitri HERARD is head of the Usgpn
87.On the night of July 6 to 7, 2021, he was at his home in Péguyville, when he received a call from the presidential security coordinator Jean Laguel CIVIL. Subsequently, he was called by the president himself who confirmed the information.
88.He quickly took charge of the President's household. However, arriving near the fixed patrol composed of Cimo agents, he received a summons to withdraw from the perimeter because the DEA was in operation. He himself and the other officers accompanying him complied with the order and withdrew.
X. SUBSEQUENT EVENTS
89. The day after the assassination of Jovenel MOÏSE, the Haitian capital was in turmoil. Quickly, the outgoing Prime Minister, Claude JOSEPH, confirms the assassination of de facto President Jovenel MOÏSE took the reins of the country. He then claimed that everything was under control. At the same time, a constant communication team was set up and the twists and turns of the investigation were eagerly followed by the population.
1.Autopsy of the corpse of Jovenel MOÏSE
90. On July 10, 2021, the autopsy of the corpse of the late Jovenel MOÏSE was carried out. On analysis, excavations, deformations and abnormal mobility of several parts of the body including the skull, the frontal bone, the nasal bone, the left leg, were noted. In addition, fifteen (15) bullet entry and exit holes, wounds in the chest, right buttock, right forearm, and right thigh, were noted. And, fractures to the left leg and toe as well as fragments of projectiles were spotted in several parts of the body. Finally, because of the various remarks made on the corpse by the medical examiner, including the deterioration of the heart, the death of the victim is declared due to the bursting of his heart by a bullet.
2.Police interventions and investigation by the judicial police
91. Several police interventions resulted in the death of at least three (3) individuals of Colombian nationality. In addition, at least twelve (12) searches were carried out by the Central Directorate of the Judicial Police (Dcpj) in hotels and private homes belonging to the persons cited in this case. No less than sixty-one (61) firearms, fifty (50) cell phones and eight (8) vehicles were seized.
3.People killed by the Police
92. On July 8, 2021, the titular justice of the peace of the Pétionville Peace Court, Maître Clément NOËL, required for this purpose, found the bodies of two (2) Colombian nationals who were killed at Morne calvaire. They are Mauricio Javier ROMERO and Duberney CAPADOR GIRALDO. However, their corpses were transported not far from the offices of the Office of Vehicle Insurance Against Third Parties (Oavct) for the purpose of finding.
93. They had in their possession forty thousand (40,000) US dollars, nineteen thousand (19,000) gourdes, mobile phones, cartridges, a balaclava, a bulletproof vest, metal pliers, food, plastic handcuffs and the president's business cards.
94.On the same day, another Colombian national was killed. They are: Miguel GUILLERMO GARZON. His body was also found by the magistrate Clément NOËL.
4.Searches
95. In the majority of the buildings searched by the Dcpj, suspicious objects were found. For example :
• On July 9, 2021, in Delmas 60, not far from the United Nations Office for Project Services (Unops: United Nations Office for Project Services), in a house belonging to Samir HANDAL, where Emmanuel lived Christian SANON, license plates including three (3) issued by the Dominican Republic and two (2) by the Republic of Haiti, Haitian and Palestinian passports, mobile phones, checkbooks, an Entry / Exit seal of the Directorate of Immigration and Emigration of the country, banknotes drawn from foreign banks, laptops, hard drives, shooting targets, boxes of cartridges, weapons and gun cases were discovered.
• On July 10, 2021, in Belvil, in a house belonging to former senator John Joël JOSEPH, gourd and dollar checkbooks drawn on Unibank, bank cards in the name of John Joël JOSEPH, mobile phones, cartridges, 12 rifles, a shotgun, weapon cases, USB drives, were found.
•On July 12, 2021, in three (3) different buildings, namely the Maxime Boutique Hotel located in Bois Moquette, the Camacho Sécurité S.A., located at Pèlerin 5 as well as in a private house located at number 10, Pèlerin 6, weapons, ammunition and boots were discovered. According to people met at the scene, these boots belonged to members of the commando who carried out the mission.
•On July 12, 2021, at number 10, Pèlerin 6, a rifle, grenades, boxes of cartridges, bulletproof vests, gun holsters and leaves resembling marijuana, were been observed.
•On July 16, 2021, at the Hôtel Château Host, located at Pèlerin 2, a building belonging to Mrs. Josepha GAUTHIER, twenty-two (22) weapons of different calibers, cartridges and vehicles, were discovered.
96.On July 18, 2021, the wife of the victim Martine MOÏSE and the children of the presidential couple went to the residence in the company of the Minister of Justice Maître Rockefeller VINCENT, a justice of the peace and the commissioner of the government of Port-au-Prince, Maître Bed-Ford CLAUDE. Martine MOÏSE then demanded from the Minister of Justice the arrest of Joseph Félix BADIO. This request proves, if necessary, that she has precise information on the account of Joseph Félix BADIO and that she knew the relationship between the latter and the Minister.
5.Persons arrested
97. To date, at least forty-four (44) people have been arrested. It is :
• Eighteen (18) Colombian nationals:
oJhon Jader ANDELA
oEdwin Enrique Blanquicet RODRIGUEZ
oNaiser Franco CASTAÑEDA
oJheyner Alberto Carmona FLOREZ
oNeil Caceres DURAN
oManuel Antonio Groso GUARINI
oCarlos Giovanni Guerrero TORRES, retired from the Colombian Army, Lieutenant Colonel
oGersain Mendivelso JAIMES, retired from the Colombian Army
oJhon Jairo Ramirez GOMEZ
oGerman Alejandro Rivera GARCIA alias Mike, retired from the Colombian Army since 2012.
oAlex Miyer Peña, retired from the Colombian army since 2018
oVictor Albeiro Pineda CARDONA
oJhon Jairo Suarez ALEGRIA
oFrancisco Eladio Uribe OCHOA
oEnalber Vargas GOMEZ, retired from the Colombian army since March 23, 2016< br>oAngel Mario Yarce SIERRA
oJuan Carlos Yepes CLAVIJO
oAlejandro Girardo ZAPATA
• Three (3) Americans of Haitian origin, namely Christian Emmanuel SANON, James SOLAGES and Joseph VINCENT were arrested.
•Twenty (20) Pnh officers responsible for the Usgpn, Usp and Cat Team, the three (3) team leaders of the Usp, Usgpn and Cat Team, three (3 ) Cat Team agents, six (6) Usp agents, three (3) Cimo agents and one (1) Sdpj / Ouest policeman:
oJean Laguel CIVIL, National Palace General Security Coordinator
oDimitry HERARD, Usgpn Manager
oPierre Osman LEANDRE, Usp Manager
oPaul Eddy AMAZAN, Cat Team Manager
oConrad BASTIEN, Head of Usgpn Team
oHubert JEANTY, Usp Team Leader
oRenor FONTUS, Cat Team Leader
oFrantz LOUIS, Cat Team
oArly JEAN, Cat Team
oFaneck DELICAT, Cat Team
oSadrac ALPHONSE, Usp
oRony FRANCOIS, Usp
oErnst GERMAIN, Usp
oRonald GUERRIER, Usp
oJude LAURENT, Usp
oCleantis LOUISSAINT, Usp
oClifton HYPPOLITE, Cimo< br>oElie JEAN CHARLES, Cimo
oBony GREGOIRE, Cimo
oWilliams MOSES, Sdpj / West
• Three (3) other individuals, Reynaldo CORVINGTON and Dominick CAUVIN, both (2) managers of Corvington Security S.A. as well as Marie Jude Gilbert DRAGON were also arrested.
98. Of these people, four (4) in particular are of interest to RNDDH because their names have been mentioned by practically all those who have been arrested either as authors, intellectual co-authors or as having actively participated in the mission.
•Emmanuel Christian SANON born November 22, 1958 was arrested on July 9, 2021. He was in a house located in Delmas 60, not far from the UNOPS office, belonging to Samir HANDAL. Around 2015 or 2016, he worked in a clinic located in Canapé-Vert where he extorted between six hundred (600) and three thousand (3,000) US dollars from young people, promising to allow them to follow training in nursing sciences at the United States of America. And afterwards, he provided them with a certificate of completion on a higher level from Phenix University, without them having participated in the promised training.
99.It should also be noted that on the day of Emmanuel Christian SANON's arrest, i.e. July 9, 2021, Samir HANDAL, against whom an arrest warrant had been issued, was escorted to the Toussaint Louverture International Airport, by the National Police of Haiti (PNH), in order to leave the country.
• James SOLAGES was arrested on July 7, 2021 while he was in Pétion-ville. He quickly confirmed to magistrate Clément NOEL that he was a translator, speaking French, English and Spanish. He also claimed that it was he himself who was speaking through the megaphone.
•Joseph VINCENT, born September 28, 1965, is an American of Haitian origin. He was arrested on July 8, 2021. He said he lives in Florida, USA. He was also a translator, he claimed. He also argued that the individuals had in their possession a warrant issued by the investigating judge Jean Roger NOËLCIUS.
•Joseph Félix BADIO is legal adviser to Corvington Security S.A. He is presented as a former employee of the Anti-Corruption Unit (Ulcc) and considered to be close to the current Minister of Justice, Maître Rockefeller VINCENT.
6.Conditions of detention and detention
100.Following their incarceration in the Civil Prison of Port-au-Prince, Rnddh met some of them. Some claimed to have been tortured by agents of the Research and Intervention Brigade (Bri) while they were at the Dcpj. This is the case, for example, of Reynaldo CORVINGTON, James SOLAGES and Joseph VINCENT aged sixty-eight (68), fifty-six (56) and thirty-six (36) years old respectively, who were severely beaten . Others denounced the fact that Bri agents used harmful substances against them to force them to speak.
101.In addition, at the Dcpj, Christian Emmanuel SANON had to spend the night on a chair while being handcuffed before joining the others, who were forced to sleep on the floor. They were not allowed visitors. They were also unable to obtain the assistance of a lawyer.
102.Furthermore, their current conditions of detention are very worrying. Water used for bathing causes itching and rashes in some. The food is of very poor quality and insufficient.
103.Some of them are incarcerated in solitary confinement cells which are juxtaposed to a corridor in which faeces, waste and waste water are thrown.
104. Rnddh also learned that through their consulate, the Colombians sent correspondence to their family members, with a view to requesting, among other things, the assistance of a lawyer.
7.Cross Calls
105.Before, during and after the assassination of Jovenel MOÏSE, the telephones of the aforementioned persons as well as those of those arrested, were constantly in contact.
106. In addition, Joseph Félix BADIO, whose telephone was broadcasting around the house of Jovenel MOÏSE, was in close contact with several personalities. For example, the very evening of the assassination, Prime Minister Ariel HENRY spoke by telephone with both Joseph Félix BADIO and the President.
107.Magistrate Wendell Coq THELOT also spoke with Joseph Félix BADIO.
8. Situation of the clerks who accompanied the justices of the peace
108.Two (2) clerks of the Petionville Peace Court who assisted the justices of the peace in the context of the case relating to the assassination of de facto President Jovenel MOISE are the subject of death threats. They are Marcelin VALENTIN, chief clerk of the said court and Waky PHILOSTENE, one of his assistants. They had to assist the magistrates of the peace during the various reports and searches of homes, carried out in the context of the assassination of Jovenel MOÏSE.
109.They both (2) received messages on their respective mobile phones. In addition, in a letter addressed to the Chief of the Public Prosecutor's Office, Marcelin VALENTIN denounced the fact that he had been asked to remove and add the names of known political figures in the various official reports that he had to write . On July 17, 2021, the messages received were noted by a magistrate.
9.Transfer of the file to the magistrate Mathieu Chanlatte's investigation office
110. On August 9, 2021, the investigating judge Mathieu CHANLATTE was appointed by the dean of the Port-au-Prince Court of First Instance, Bernard SAINT-VIL.
111.However, in the opinion of Rnddh, this is a very questionable choice, because the magistrate has, in the recent past, shown himself to be partisan in the treatment of the files entrusted to him. . For example :
• On November 8, 2019, the Haitian State filed a complaint against Réginald Marc Jean VORBE, Jean Marie VORBE, Albert Edouard Dimitri VORBE and Agnès Elizabeth DEBROSSE, managers of the electricity distribution company SOGENER for forgery and use of forgery, criminal association, fraud and money laundering. The Dean of the Court of First Instance of Port-au-Prince, Bernard SAINT-VIL had chosen the magistrate Merlan BELABRE for the investigation of the case. On July 7, 2020, the prosecution sent a new indictment to inform the dean, given the fact that it had received a new complaint from the Haitian State. Dean Bernard SAINVIL then decided to split the file and choose the Magistrate Mathieu CHANLATTE. He then issued an order dated July 27, 2020 in which he ordered the seizure and freezing of the property and funds forming part of the assets of the aforementioned defendants, the seizure of the buildings belonging to them as well as all other property likely to constitute proceeds of the crimes and misdemeanors for which they are prosecuted.
• On August 19, 2019, a complaint was filed with the registry of the Port-au-Prince Court of First Instance against the Haitian State for abuse of authority, embezzlement, abuse of power and influence peddling in under the contract between the Haitian State and the German firm DERMALOG. Magistrate Rénord REGIS was chosen to investigate this case. On June 10, 2020, another complaint was filed at the office of the deanship in question by another group of citizens. This time, the choice was made of the magistrate Mathieu CHANLATTE for the judicial investigation of the case. The file, split, is stagnating because no progress has been recorded to date.
112. On August 13, 2021, in an order issued by magistrate Mathieu CHANLATTE, the latter withdrew from the case, for, according to him, personal convenience.
XI.COMMENTS AND RECOMMENDATIONS
113. On the night of July 6 to 7, 2021, the unthinkable happened: a commando broke into the private residence of de facto President Jovenel MOÏSE and riddled him with bullets.
114. To implement their macabre plan, the intellectual and material authors of this assassination were able to count on the support of at least two (2) of the presidential security officials, namely the divisional commissioner Jean Laguel CIVIL and the municipal commissioner Dimitri HERARD, respectively coordinator of the general security of the president and in charge in chief of the Usgpn. Principal Inspector Paul Eddy AMAZAN and Police Commissioner Pierre Osman LEANDRE, themselves chief officers of the USP and the Cat Team, were in fact no longer involved in the organization of the security of the late Jovenel MOÏSE, the latter having decided to place all his trust in the very people who betrayed him, thus disrupting the work of the USP and the Cat Team.
115. This is therefore a flagrant case of violations of the rights to life and security of the late de facto President Jovenel MOÏSE, perpetrated by persons vested with State authority who had been charged to protect the victim.
116. This being clearly stated, several considerations must also be made.
117. The Colombian nationals claimed to have been recruited to ensure the security of Christian Emmanuel SANON. They should therefore have thought twice before agreeing to participate in an illegal mission to arrest a sitting president. Moreover, without taking into account – for a moment – the function of the victim, it should be remembered that these Colombian nationals were not part of the International Criminal Police Organization commonly known as INTERPOL. They also did not have an international warrant issued against the victim. So they had knowingly agreed to be involved in a flagrant attack on the internal security of the Haitian state, today aggravated by the assassination of a president in office.
118. If the mission known by the majority of the members of the commando had been to arrest Jovenel MOÏSE, some other members knew that the victim was going to be murdered. The Rnddh wants proof of this by the fact that the de facto president Jovenel MOÏSE had been duly identified before being riddled with bullets. One does not administer twelve (12) to fifteen (15) projectiles to a person whose assassination had not been planned.
119. The names of nine (9) Colombians are cited as being those who broke into the presidential residence and then into the victim's room. Two (2) of them were subsequently killed. According to the police authorities, this happened during an exchange of fire. On this point, it is up to the General Inspectorate of the National Police of Haiti (PNH) to elucidate the conditions in which these individuals were killed. But, as for the seven (7) other Colombian nationals who had invested the presidential residence, they are all directly involved in the assassination of the president. They were, without a doubt, the ones who knew that the de facto president Jovenel MOÏSE was going to die.
120. Taking into account the alerts on the threats that had been issued against the president, the RNDDH finds it difficult to understand that the various intelligence services of the country have not been set in motion. Likewise, it is incomprehensible that, on high alert, all the heads of the specialized units assigned to the security of the de facto president were at home.
121. The members of the Superior Council of the National Police (Cspn) all hold an intelligence service. Each year they receive an amount from the country's budget for the operation of their respective service. However, none of these services could prevent the assassination of de facto President Jovenel MOÏSE. Worse, they have so far not cooperated in the investigation of the judicial police. However, the Rnddh believes that at least three (3) of them are particularly important:
•The Ministry of the Interior and Territorial Collectivities controls entries and exits recorded on Haitian soil, via the immigration and emigration directorates. The sudden movement of all these Colombian nationals should therefore not have escaped him and the intelligence service attached to this ministry should have informed Minister Louis Gonzague Edner DAY.
•The Minister of Justice and Public Security Maître Rockefeller VINCENT, for his part, maintains very close relations with Joseph Félix BADIO. A good collaboration of its intelligence unit should be able to help locate this individual whose name was cited by the majority of those arrested in the context of this investigation.
• The Acting Director General of the Pnh Léon CHARLES received at least two (2) distress calls from the President, just before his assassination. He had promised the latter to send him reinforcements immediately. This has not been done. Consequently, the constraints that led him not to intervene should be known to the judicial police.
122.At this point, it is also worth recalling that the National Palace also has an intelligence service which did not help save the life of the President any more than the Agency Nationale d'Intelligence (Ani) created on November 25, 2020, by the victim himself.
123. The Rnddh believes that Martine MOÏSE, wife of the late de facto president Jovenel MOÏSE, has much more precise information about the assassination of her husband than what she was kind enough to share with the international press, in particular. to which she also made statements, some of which hardly hold water. More than anything, the RNDDH believes that the fact that it demanded from the Minister of Justice, Maître Rockefeller VINCENT, the arrest of Joseph Félix BADIO, suggests that it has details on the latter's level of involvement. in the murder of her husband.
124. Like the Acting Director General of the PNH, Divisional Commissioner Jean Laguel CIVIL and Commissioner Dimitri HERARD were called by the late de facto President Jovenel MOÏSE. None of them intervened despite their promises. And, the principal inspector Paul Eddy AMAZAN as well as the police commissioner Pierre Osman LEANDRE, respectively responsible for the USP and the Cat Team did not carry out the work for which they are paid. Yet no member of the presidential security chain has resigned, which is unacceptable.
125.Several specialized agents, assigned to the security of de facto President Jovenel MOÏSE, were bribed to let the commandos in charge of arresting him smoothly enter, according to what they had been told. While acknowledging that they may not have known that Jovenel MOÏSE was going to be assassinated, the RNDDH believes that this does not detract from the seriousness of their betrayal. They facilitated the assassination of the victim and dishonored the institution to which they belong. And, since they know that a president in office cannot be arrested on the basis of a warrant issued by an examining magistrate, they had therefore knowingly provided a commando of foreigners with the opportunity to violate the rights of judicial guarantees of Jovenel MOÏSE. This too is already a damning fact in itself, which was aggravated by the assassination of the victim.
126. For their part, the Usgpn and Cat Team team leaders who were on site, as well as the few Pnh agents who had fought back, failed miserably in their mission to protect the president. The USP officer slipped away before the attack and at least one (1) officer stripped naked before hiding in the backyard of the presidential residence.
127. But, besides those who were on duty that night, it was actually all the agents who are part of the Usp, Usgpn and Cat Team who failed. Six hundred and forty-seven (647) agents assigned to specialized units had the primary function of foiling any plot to assassinate the de facto president. They didn't make it.
128. In addition, Rnddh points out that the majority of those arrested interviewed as part of this investigation stated that they had not been able to be assisted by their lawyer or a witness of their choice. Need it be recalled, this is one of the rights to judicial guarantees without respect for which, important testimonies and confessions may be excluded provided that the persons concerned affirm to the investigating office or to the court that they have been subjected to acts of torture. However, given the seriousness of the facts which occurred on the night of July 6 to 7, 2021, the judicial police should not have made this error.
129. And indeed, several told Rnddh that they had been subjected to acts of torture and cruel and inhuman treatment perpetrated against them by agents of the Research and Intervention Brigade (Bri). Once again, the General Inspectorate of the Pnh must intervene, investigate these declarations and take the necessary sanctions against the offending agents.
130. Other people arrested told Rnddh that it was only after several hearing sessions that they were asked to hire a lawyer. They were then asked to sign a statement that their earlier confessions were not made under duress. This is a palliative aimed at hiding the seriousness of the fact by the Dcpj of having decided to interview people without witnesses. In this sense, the Rnddh recalls that whenever there are addicts to the judicial procedure, there will always be systematic violations of the rights to judicial guarantees.
131.Similarly, these people did not appear within the time allowed, before a judge called upon to rule on the legality of their arrest. However, this is an inescapable, non-derogable constitutional guarantee.
132.At this stage, Rnddh reminds the police and judicial authorities that regardless of the degree of involvement of the arrested persons in the preparation and perpetration of this crime, they must benefit, at all times of the procedure, of all legal guarantees.
133. Throughout the investigation by the Dcpj, the chief prosecutor of Port-au-Prince, Bed-Ford CLAUDE, issued several warrants after the flagrance period had passed. However, article 30 of the Code of Criminal Investigation specifies that "In the case of flagrante delicto, the government commissioner will seize the defendants present, against whom there would be serious indications, and, after having questioned them, will award against them the warrant of deposit. If the defendant is not present, the government commissioner will issue an order for him to appear: This order is called a summons. »
134.By behaving in this way, Maître Bed-Ford CLAUDE wanted to give the file a color of political persecution.
135. Rnddh recalls that the fact that people meet the individuals involved in the assassination of the late Jovenel MOÏSE is not sufficient for the government commissioner to issue arrest warrants against them. Moreover, it is precisely to avoid these excesses that the legislator added paragraph 3 to article 30 which specifies that "The denunciation alone does not constitute a sufficient presumption to issue this order - the warrant to bring in occurrence - against an individual having domicile. “However, at least one (1) arrest warrant was issued against Farah ALAIN while his name was not even mentioned, by the various people met by the RNDDH.
136. The RNDDH would like to point out to everyone that the names of Joseph Félix BADIO, Jean Laguel CIVIL, Dimitri HERARD, Christian Emmanuel SANON, James SOLAGES and Joseph VINCENT have come back to it constantly during the investigation he conducted. Consequently, it is up to them to provide all the information they have for the outcome of the judicial investigation.
137. The RNDDH acknowledges, however, that the information provided to it did not allow it to lift the veil on the intellectual perpetrators of this assassination because the people met do not seem to want to share all the information they have. . The RNDDH hopes that the treatment of the statements, testimonies and confessions of these people to the judicial police and to the cabinet of instruction will make it possible to identify the intellectual authors without whom the real reasons for this assassination will never be known. In this sense, the Rnddh believes that Joseph Féliz BADIO as well as the five (5) Colombians who escaped, must constitute the track to be prioritized to identify the sponsors of this tragic assassination.
138. This file must therefore be the subject of a meticulous investigation and for that, it must be transferred to a courageous magistrate, respectful of the laws, principles and procedures and above all, respected in the profession.
139.Finally, the Rnddh recalls that in the house of the victim, large sums of money were found. The Colombians admitted having taken them, huge sums were found in the possession of those who were killed and according to other information collected, the five (5) Colombians who escaped also stole a lot of money. An investigation parallel to the assassination of the victim must therefore be carried out by the authorities called upon to fight corruption, with a view to identifying the source of these funds.
140. Based on all these considerations, the Rnddh recommends that the police and judicial authorities:
•Identify the intellectual authors of the assassination of the late de facto president Jovenel MOÏSE;
•Respect the rights to judicial guarantees of all individuals involved in this assassination, at all stages of the procedure;
• Investigate the conditions in which the three (3) Colombian nationals were killed by the Haitian National Police (PNH) and the denunciations of torture made by those arrested;
•Transfer the case to a courageous, serious investigating magistrate capable of carrying out a meticulous judicial investigation;
•Protect the clerks who were involved in the investigation process and who are now under threat.
