The arrival of these criminals in these areas served to reinforce the pre-existing armed gangs in the area, making Martissant a new "no-go" zone in the capital. Since the incident in Solino where five (5) alleged criminals were lynched by civilians, an air of tension has covered the area, with tracts inviting the residents of Martissant to imitate the example of Solino to eliminate the criminals and put an end to the various acts being committed by these criminals, such as rape, armed robbery, kidnapping, extortion of money, torture, aggravated assault etc.

The population was thus already predisposed to react.

Saint Bernadette Park, the location of several cultural and sports events, attracts citizens from all walks of life, and evidently including armed civilians. It is thus for this last reason - to apprehend certain criminals being sought out by the police, that on 20 August 2005 detachments from specialized units of the PNH raided Saint Bernadette Park during a soccer game attended by more than six thousand (6,000) spectators. The raid turned into a tragedy. In order to shed light on what took place that day, RNDDH carried out an investigation, the findings of which are the contents of this report.

METHODOLGY

The methodology used to carry out the investigation consisted of the following:

1. Visits to the scene of the incident and surrounding areas;

2. Interviews with :

 Judicial authorities ;
 Police authorities;
 MINUSTAH human rights officers; and
 those in charge at the State University Hospital (HUEH) morgue.

3. Meetings with:

 witnesses ;
 residents of the area ;
 those in charge of Saint Bernadette Park ; and
 certain victims.

EXPLANATION OF INCIDENT LOCATION (SAINT BERNADETTE PARK)

Located in the suburb of Martissant, 3rd district of Port-au-Prince, behind Saint Bernadette Church and several meters from the sub-police precinct, Saint Bernadette Park was the location of several organized recreational activities sponsored by the International Organization for Migration (OIM) and the Chancery of State for Youth, Sports and Civic Education (SEJSEC). Throughout the summer activities included summer camp, dancing functions, a school canteen, soccer and basketball games, and so on.

PRESENTATION OF THE FACTS

At approximately 5 o'clock in the afternoon on Saturday, 20 August 2005, more than six thousand (6,000) spectators came to Saint Bernadette Park to watch a soccer game between the teams Sel Nou k Konsa and Sentinelle. During half time a tract was circulated among the crowd inviting the population to collaborate with the Police to identify armed criminals among the crowd. The tract read as follows:

« the Police + the People = Solution

News Flash !!!

People of Martissant 4 and 5 along with those from Gran Ravin who are not okay with our neighborhood turning into Cité Soleil, Bel Air, or Solino, rise up and say no to murderers, no to thieves, kidnappers, rapists and all those who are turning Martissant into a blood bath. We need to do the same as the valiant men and women of Village de Dieu and Solino and go after the Rats of Bel Air, of Cité Soleil, of Village de Dieu and of Gran Ravin who have come to take refuge here putting the population of Martissant in danger. We need to arm ourselves with whatever we have such as machetes, sticks, bottles, and rocks. And the national police are with us and we need to give the police all the information we have about where are the Rats are hiding.

It is time that impunity in Martissant comes to an end.

the Police + the People = Solution »

As the referees were preparing to begin the second half, police officers dressed in black entered the park. They were heavily applauded by the crowd who believed they had come to provide security during the match. Réginald MICHEL, accompanied the police and began identifying alleged criminals from Gran Ravin who were attending the game. Shots were fired outside of the park. In an attempt to escape, several of the alleged criminals climbed over the park walls. During their flight they had enough time to kill the primary police informant, Réginald MICHEL, well-known in the area; his face was not masked during the incident. The police officers responded by shooting in the air which created a wave of panic as people ran in every direction.

The police officers told the event's musical entertainment, DJ Crazy Sound, to tell the crowd to lie on the ground. Given the immensity of the crowd, the leaders of the sports association suggested that the park be evacuated instead. During the confusion, residents in the area, having learned that the police had encircled the alleged criminals in the park came running to the park with machetes in hand and began attacking those trying to escape.

Several spectators were attacked with machetes and fire arms.

RESULTS AND ASSESSMENT OF THE INCIDENT

It was difficult to completely assess the damage inflicted in terms of people killed and/or injured in the incident. Initial reports stated that approximately fifty (50) people were injured and another thirty (30) killed. However, RNDDH's research found that four (4) people were injured from gunshot wounds, and ten (10) people were killed, of which the following six (6) had been taken to and registered at the State University Hospital (HUEH) morgue:

• Réginald MICHEL, 26 years old, several gunshot wounds to the head;

• Nesdou FÉVRY, 24 year old, two (2) gunshot wounds in the stomach, several other injuries on his back which resembled bullet marks; marks from machete cuts on his right arm;

• Denis JEAN MARIE, 17 years old, two (2) gunshot wounds to the head; two (2) gunshot wounds in the back;

• Grégory ODICÉ, 28 years old, two (2) gunshot wounds to the head;

• Frank HERNE, killed from blows from a machete; and

• Alcidas ERINEL, killed as a result of gunshot wounds and blows from a machete.

According to those interviewed, the four (4) others that were killed were:

• Guignol SAINT FÉLIX • an individual known as Ti Blanc all shot and killed • an individual known as Wasnay • an individual known as Dent Cassée

The following individuals were injured in the incident:

• Jocelyn, 18 years old : two (2) gunshot wounds in the thigh and right hand;

• Enock LAPLANTE (alias Arthur) : wound from blows from a machete;

• Junior CADET : injured left foot;

• Winzor MICHEL: broken left foot.

The difficulty at arriving at a definitive assessment is due to the fact that:

• not all of the injured were treated at hospitals; and

• not all of the bodies of those killed were taken to the HUEH morgue.

SUBSEQUENT FACTS

On Sunday, 21 August 2005, one (1) day following the incident, PNH officers raided Gran Ravin, the territory of Wilkens PIERRE (alias Chencho), Legony and Sasson. During this operation, three (3) houses belonging to the aforementioned individuals were set on fire and several individuals injured.

One week after the incident, a team of RNDDH investigators observed that a relative calm had settled over the area. However, several of the activities planned to be held at Saint Bernadette Park - such as the summer camp scheduled for 16 August to 4 September 2005 - had been cancelled. Of the three hundred (300) participants that usually attended the camp, only twenty came. Likewise the quarter finals of the soccer tournament were cancelled.

Several of those interviewed spoke of the existence of a group called Lame Manchèt [Machete Army] with close ties to the Haitian National Police. Members of this group are armed with machetes for the purposes of standing up against armed criminals. Those individuals injured and/or killed during the incident as a result of machete blows had been attacked by members of this group.

ANALYSIS OF THE FACTS

First and foremost, the incidents that took place in Martissant are a testament to the residents of the surrounding neighborhoods to live in peace and security, and that the violence associated with these neighborhoods is by their own choosing:

 the police officers were applauded when they entered the Saint Bernadette Park;

 the tracts circulating the field spoke favorably of the PNH and spoke of a fight against impunity;

 local residents cried out "the Police have cornered the criminals in the park" and came running with weapons of their own to go after the alleged criminals;

 in general, the arrival of alleged criminals from Bel Air, Solino, and Village de Dieu is perceived by the population as a serious threat to the peace in the neighborhood;

On the other hand, the Police raid constitutes an immense futility:

 the police raid was a disaster and did not achieve its objective: to apprehend the alleged criminals of Gran Ravin. In fact, some of these armed men returned to the area in during the night to take revenge, and succeed in executing Guignol Saint Félix ;

 the police tarnished any confidence the initially awarded them in the area:

 the security situation, far from improving, has degenerated;

 innocent people were victimized as a result of the operation;

 the alleged criminals escaped, reinforced;

 community like took a heavy blow and conscientious efforts to rejuvenate life into this neighborhood through sports and recreational activities were destroyed;

 the panic that resulted enabled the alleged criminals of Gran Ravin to organize their escape that demonstrated a greater tactical intelligence than possessed by the police officers;

Technically speaking, the 20 August 2005 police intervention was a complete disaster:

 one is left with the impression that the police intervened without having previously compiled pertinent information regarding the location of their intervention or the individuals they were after;

 the raid was not planned in detail;

 the police acknowledge that the material and human resources used were totally insufficient. Thirty (30) police officers were assembled for an intervention that required at least one hundred and fifty (150) officers. Of the thirty (30) officers participating in the operation, only ten (10) actually entered the park to control the situation, identify, and arrested approximately thirty (30) high caliber criminals mixed in with a crowd of spectators. Not only was the intervention a complete failure, it was also carried out in blatant disregard for the rule "to reduce the risks as much as possible."

Even if the police officers had acted in good faith in attempting to apprehend the alleged criminals of Gran Ravin, the boldness of 20 August 2005 is condemnable.

CONCLUSIONS and RECOMMENDATIONS

The events surrounding 20 August 2005 represents a large stain on the image of the police. If the objective of the police was to apprehend and arrest a number of important criminals to prevent the area of Martissant from becoming a "no-go" zone, the force has to admit, however, that:

 the moment for the raid was poorly chosen. It is completely inconceivable that the police could conduct a raid during a soccer game, putting in danger the lives of the players and spectators alike;

 the operation was carried out lightly, to the point that officers from the Martissant police station - having good knowledge of the people and the area - were not integrated into the intervention;

 the PNH has proven that it suffers from a significant lack of professionalism. From the very start of the raid, it lost its principal informant, without even succeeding in arresting even one of the wanted criminals;

 if it is true that they were not looking for a massacre, the police force however involuntarily created the necessary conditions;

 the PNH has not responded with transparency. Despite several efforts in relation to the PNH, RNDDH has been unable to determine who was in charge of the operation in order to determine who is responsible and to prevent things like this from being repeated in the future. RNDDH's investigation did not reveal that there had been any recent distribution of machetes to the civilian population of Martissant. Furthermore, the investigation did not reveal that machetes used during the incident were of the same type or mark. They did not appear to be weapons specifically prepared for this occasion. Additionally, RNDDH was unable to confirm or dismiss the existence of the Armée Manchèt [Machete Army]. Nevertheless, the organization believes that the Police should be extremely interested in assisting judicial officials in shedding light on this question. Its credibility depends on this. While the fight against kidnappers, armed criminals and rapists is legitimate, it is not acceptable for the Police to use the same method as the criminals. Whatever the circumstance and motive advanced, the improper use of force must be denounced and punished to the maximum level. This is the price that the police force must pay in order to be strengthened, professionalized, and deserving of respect.

The incidents that took place in Martissant also reveal a strong tendency on the part of the civilian population to react against the criminal behavior. There exists a predisposition towards vengeance and lynching. It is a dangerous slope of such a degree that it needs to be stopped. And stopped immediately.

Based on the strength of these considerations, the National Human Rights Defense Network (RNDDH) recommends that the appropriate authorities:

 take public action against and prosecute the authors, co-authors, and accomplices - regardless of their political affiliation or the unit they are a part of - involved in the infractions committed in Martissant on 20 August 2005;

 begin working to establish a climate of security in the neighborhoods of Martissant, Gran Ravin, Cité Soleil, etc. ;

 take all the necessary measures required to re-open the Lycée de Martissant, today being used by armed criminals as a base for kidnappings;

 assist in the recovery of sports and recreational activities at Saint Bernadette Park, ensuring security for such events;

 identify, arrest and bring to justice all armed criminals operating in the area of Gran Ravin, Martissant and other neighborhoods of the capital ; and

 disarm all illegal groups.

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