President Monsieur René García Préval
Président de la République de Haïti,
Palais National, Champ de Mars, Port-au-Prince,
HAITI (W.I)
Fax: + 509 228 2396

15 December 2006

President Monsieur René García Préval,

Re: Evel Fanfan

We are writing on behalf of the Human Rights Institute of the International Bar Association in connection with the death threats and other acts of intimidation against Evel Fanfan and his family, and other members of the Association des Universitaires Motivés pour un Haïti de Droit (AUMOHD).

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the International Bar Association (IBA) influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

We have received reports that Mr Fanfan’s family have been subjected to intimidation, including an attempted abduction of his seven-year-old son.  Further, it has been reported that unknown individuals have been seen outside the AUHMOHD office, and that, despite AUMOHD staff contacting the Haitian police, no action was taken. If true, it appears that Mr Fanfan and his family are not receiving sufficient support and protection from the Haitian National Police, and we are concerned that this may be due to Mr Fanfan’s human rights promotion activities. 

The facts of this case raise a number of concerns in connection with the rights that should be accorded all citizens of Haiti.  Under Haiti’s Constitution, the Haitian Government ‘has the absolute obligation to guarantee the right to life, health, and respect of the human person for all citizens without distinction’.  Article 28 of the Constitution also guarantees freedom of expression, supporting Mr Fanfan’s right to work as a human rights activist in Haiti. 

Haiti also has a number of obligations under international law.  In accordance with Haiti’s obligations under the American Convention on Human Rights, ratified by Haiti in 1977, Article 13 guarantees the right to freedom of thought and expression, including the freedom to see, receive and impart information and ideas of all kinds and in all media.  Article 16 guarantees the right to associate freely, including for ideological, political and other purposes. 

The United Nations Declaration on the Rights and Responsibilities of Individuals, Groups and Institutions to Promote and Protect Universally Recognized Human Rights and Fundamental Liberties recognizes the legitimacy of the activities of human rights defenders and their right to carry out their activities without any fear of reprisals.
We should also like to remind you of the United Nations Basic Principles on the Role of Lawyers, 1990, which requires Governments to ensure that lawyers are “able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference”.  Principle 17 states that “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities”.  Further, Principle 23 states that

“lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization.”
We strongly encourage you to ensure that Mr Fanfan and his family are adequately protected from intimidation.  Further, we request that a full, prompt and impartial investigation should be carried out into the death threats and intimidation against Mr Fanfan and AUMOHD, and that, if found guilty, those responsible should be brought to justice.

We should be grateful to receive your assurances that our concerns will be investigated as a matter of urgency, and that Mr Fanfan, his family and AUMOHD will be provided with the protection of the Haitian Government immediately.

Yours sincerely,

Ambassador Emilio Cárdenas

Justice Richard J Goldstone

HRI Co-Chairs 

CC: René Magloire, Minister of Justice and Public Security; Jacques Édouard Alexis, Prime Minister; Mario Andresol; General Director of the Haiti National Police; Edmont Mulet, UN Special Representative