Inter-American Comission Finds Haiti in
Violation of American Convention on Human Rights
for 1993 Murder of Guy Malary
Click here
for Background on the Malary Case
Click here to read this Media Alert in French
NEW YORK - The Inter-American Commission on Human Rights has made
public its findings in the case of Guy Malary, the Justice Minister
of Haiti assassinated in October 1993. In its report, the Commission
finds Haiti responsible for the violation of Malary’s right
to life, protected by Article 4 of the American Convention on Human
Rights, and for violating the guarantees of judicial protection in
Articles 8 and 25. Human Rights First brought
a petition to the Commission with regard to the case in 1994, and
has sought to ensure that those responsible for the assassination
are brought to justice. The law firm of Debevoise & Plimpton LLP represented
Human Rights First before the Commission.
Guy Malary was ambushed and killed on October 14, 1993 outside
his law office in the Haitian capital, Port-au-Prince. After the
signing of the Governors Island Agreement in July 1993 between elected
president Jean Bertrand Aristide and the military forces that had
deposed him in 1991, Malary, a renowned, outspoken human rights
attorney, was chosen for the important task of heading the justice
ministry. At the time of his assassination, Malary had begun to
oversee the overhaul of Haiti’s police and military forces
and to reform its judicial system following years of brutal dictatorship.
The courage, professionalism and integrity of Guy Malary, both
before and after his appointment as Minister of Justice, were widely
recognized. The U.S. government indeed joined President Aristide
in encouraging Malary to accept his ministerial nomination. However,
U.S. and U.N. policy makers failed to adequately enforce the human
rights provisions of the Governers Island Agreement and military
forces in Haiti were emboldened to continue their terrorization
of the local population. Just two days before Guy Malary was killed,
the U.S.S. Harlan County, carrying international military trainers,
aborted attempts to dock in Port-au-Prince after a demonstration
turned violent. Those such as Malary, who were associated with the
U.S. and international community, were particularly vulnerable to
attack and yet received little or no protection. Malary’s
assassination was widely viewed as a message from the military to
other civilian officials not to get involved in reform efforts.
Indeed, three days after the murder, the U.N. evacuated most of
its personnel from Haiti.
The Inter-American Commission’s findings are entirely appropriate
and demonstrate that the Haitian government has never seriously
pursued a proper investigation of the Malary case. The Commission
recommends that Haiti conduct an immediate, thorough investigation
into the murder and prosecute and punish all those responsible.
Nine years after the murder of Guy Malary, no one has been convicted
and impunity prevails in this and numerous other cases of serious
human rights violations committed in Haiti. The Inter-American Commission
and the Organization of American States have repeatedly expressed
concern about the fragile state of the rule of law and ongoing human
rights violations in the country.
Guy Malary’s death was a great loss for Haiti and the prospects
for serious reform leading to justice for such human rights violations.
Human Rights First calls upon the government of Haiti to honour
the memory of Guy Malary and finally live up to its human rights
obligations and comply with the recommendations of the Inter-American
Commission.
Click
here for prior Human Rights First letter on threats against human
rights activists in Haiti.
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