UNCLAS PORT AU PRINCE 000756
SIPDIS
SENSITIVE
SIPDIS
STATE FOR WHA/CAR
DRL
S/CRS
SOUTHCOM ALSO FOR POLAD
STATE PASS AID FOR LAC/CAR
INR/IAA (BEN-YEHUDA)
TREASURY FOR MAUREEN WAFER
E.O. 12958: N/A
TAGS: PGOV, PREL, PHUM, KJUS, HA
SUBJECT: PRESIDENT ALEXANDRE RESISTS RELEASING NEPTUNE
REF: A. PAUP 669 AND PREVIOUS
B. 05 PAUP 2371
1. This message is sensitive but unclassified -- protect
accordingly.
1. (SBU) Summary. President Boniface Alexandre on April 25
restated his firm position in a discussion with the
Ambassador that imprisoned former prime minister Yvon Neptune
must request a humanitarian release through legal channels.
The Ambassador emphasized that the Neptune issue represented
a potential obstacle to the smooth transition of power and
urged the President to release Neputne outright. An appeals
judge in the departmental capital Gonaives is scheduled to
rule on the appeal of several of Neptune's codefendants in
the case stemming from the alleged massacre of Aristide
opponents in February 2004, in the La Syrie neighborhood of
St. Marc. Neptune dismissed his lawyers, did not file an
appeal, and refuses to take any legal steps to request his
release. Post will continue to press the IGOH on this
matter, but expects no active cooperation from Alexandre or
Neptune. End Summary.
2. (SBU) The Ambassador raised Neptune's continued
imprisonment and asked Alexandre to consider granting Neptune
a humanitarian release at the conclusion of a discussion of
other issues at the National Palace on April 25. She
stressed that if left unresolved, Neptune's case would become
an unwelcome distraction for the Preval government and a
potential complication in the close relationship between
Haiti and the U.S. The Ambassador noted that many in the
U.S. regarded Neptune as a political prisoner, and that his
case could potentially jeopardize the critical assistance and
cooperation the U.S. provided to Haiti.
3. (SBU) Alexandre bristled at the suggestion that Neptune
was a political prisoner, noting that prosecutors had
developed an extensive dossier of evidence against him. He
also restated legalistic arguments he had previously made to
us and other international leaders including SRSG Valdes:
Neptune's case was in the hands of the judiciary and he could
not act unilaterally to release him. He had always stressed
reconciliation and had personally intervened to arrange
Jean-Juste's release, but only after Jean-Juste took the
necessary legal steps. He personally had taken political
risks in arranging medical treatment for Neptune outside of
prison last year. Neptune would now have to take the same
steps as Jean-Juste. Neptune not only refused to cooperate,
but insisted that the government drop all charges.
4. (U) The appeals court in Gonaives will reportedly issue a
ruling on an appeal filed in December, 2005 by three of
Neptune's codefendants The judge may deny the appeals and
hold the case over for trial, dismiss charges against the
appellants, or rule that the government has not presented
sufficient evidence and dismiss the charges against all the
defendants, including Neptune. State prosecutors did present
a large body of evidence against the defendants, though legal
experts judged most of it to be circumstantial (ref B).
Since the government first brought charges against the La
Syrie defendents, observers inside and outside the government
have maintained that the government ran the risk of a violent
demonstrations in St. Marc if authorities did not see through
the judicial process.
5. (SBU) Comment. Based on our most recent conversations
with Neptune and this exchange with the President, we have no
expectation that either of them will significantly modify
their stances. However, we will continue to consult with the
Prime Minister, SRSG Valdes, and other Core Group members in
pressing the IGOH through other channels to release Neptune.
SANDERSON