Mr. Civil was the subject of our May 16 Alert after he was arrested illegally as he entered the country from his exile in the Dominican Republic. He was freed on May 25.

The latest arrest is problematic for several reasons. First, it was made late at night, without a warrant. Second, one of the charges, use of a stolen vehicle, involves a car that Civil has owned for six years, and registered with the police several times. When Mr. Civil fled Haiti’s repression in 2004, the police themselves took the car (illegally) and used it for two years, returning it in late June 2006. The police have not proven that the car ever was stolen, but even if there was a problem with its chain of title, they could have invited Mr. Civil in for questioning rather than making a midnight arrest. Third, another charge involves illegal gun possession, but the weapons in question, two pistols, belonged to another passenger in the car when it was stopped, a police officer. The third charge, “association de malfaiteurs”, is a vague conspiracy charge that has been used frequently to keep political dissidents (including Fr. Gerard Jean-Juste and Yvon Neptune) in prison despite an absence of proof of criminal activity.

It is important to demonstrate to the officials working on Mr. Civil’s case that the world is watching, and is concerned about potential political persecution. In a case like this, which has not attracted international media attention, every letter can make a difference. So please write to Judge Durin Duret, the Investigating Magistrate, and urge him to treat this case quickly, fairly and professionally. A sample letter is below, in French and English (we do not know if Judge Duret reads English), feel free to customize it. Letters can be sent directly to Judge Duret by regular mail. Or you can send them to us by fax: (206) 350-7986 (a U.S. number) or email: avokahaiti@aol.com, and we will ensure that they are delivered promptly.  

__________________________
Me. Durin Duret
Juge d’Instruction
Près du Tribunal de première instance
De Port-au-Prince
Ministère de la Justice
18 Avenue Charles Sumner
Port-au-Prince, Haïti

Dear Judge Duret:
I am writing to urge you to ensure that the case of Mr. René Civil is treated with the utmost fairness and impartiality, with scrupulous respect for all of Mr. Civil’s rights under the Constitution of the Republic of Haiti, Haiti’s Code d’Instruction Criminelle, and International Law.
As you know, Mr. Civil is a prominent participant in national politics in Haiti. Whenever a political actor is arrested in any country, a concern is raised that the arrest was related to his political activity. In Mr. Civil’s case, this concern is especially acute since he was arrested illegally once before, on May 12, 2006.
The circumstances of Mr. Civil’s arrest on August 25- late at night, without a warrant- raise additional concerns. These concerns are magnified by the charges that the prosecutors have made against him.  The first charge, for theft of a vehicle, involved a car that Mr. Civil has owned for six years, that has been registered with the police, and that was in police custody for two years from 2004-2006. The second charge, involving illegal weapons, relates to weapons in the possession of others in the car, not Mr. Civil. The third charge, association de malfaiteurs, has often been abused over the last two years, to justify the detention of political dissidents.
Mr. Civil’s case will be a test of how much the Haitian justice system has returned to the rule of law. I hope that I can count on you to demonstrate to the Haitian people and the International Community how well the justice system can work by conducting your investigation with fairness, speed and professionalism. If your investigation will require more than a few days, I hope that you seriously consider any request made by Mr. Civil for pre-trial release, in order to avoid the possibility that a person arrested for his legal political activities is imprisoned by your order.

                                                                        August 31, 2006