Widow, ex-PM and former police chief indicted in 2021 assassination of Haiti’s president

A judge in Haiti responsible for investigating the July 2021 assassination of President Jovenel Moïse indicted his widow, Martine Moïse, ex-prime minister Claude Joseph and the former chief of Haiti’s National Police, Léon Charles, among others, in a report released Monday.

The indictments are expected to further destabilise Haiti as it struggles with a surge in gang violence and recovers from a spate of violent protests demanding the resignation of current Prime Minister Ariel Henry.

Dozens of suspects were indicted in the 122-page report issued by Walther Wesser Voltaire, who is the fifth judge to lead the investigation after previous ones stepped down for various reasons, including fear of being killed.

Mr. Charles, who was police chief when Moïse was killed and now serves as Haiti’s permanent representative to the Organization of the American States, faces the most serious charges: murder; attempted murder; possession and illegal carrying of weapons; conspiracy against the internal security of the state; and criminal association.

Meanwhile, Mr. Joseph and Martine Moïse, who was injured in the attack, are accused of complicity and criminal association. Mr. Charles could not be immediately reached for comment, and Martine Moïse’s attorney did not return a message for comment.

Meanwhile, Mr. Joseph, the former prime minister, shared a statement with The Associated Press accusing Henry of “undermining” the investigation and benefitting from the president’s death.

“Henry… is weaponizing the Haitian justice system, prosecuting political opponents like me. It’s a classic coup d’état,” Mr. Joseph said. “They failed to kill me and Martine Moïse on July 7th 2021, now they are using the Haitian justice system to advance their Machiavellian agenda.”

Mr. Joseph again called on Henry to resign and noted that while he was still prime minister, he invited the FBI to help local authorities investigate the killing and wrote the U.N. and OAS for help.

“I won’t stop my fight. Justice must be served,” he said.

In his report, the judge noted that the former secretary general of the National Palace, Lyonel Valbrun, told authorities that he received “strong pressure” from Martine Moïse to put the president’s office at the disposal of Joseph because he needed it to “organize a council of ministers.”

Mr. Valbrun also said that two days before her husband was killed, Martine Moïse visited the National Palace and spent nearly five hours, from 10 p.m. to 3 a.m., removing “a bunch of things.”

He said that two days after Jovenel Moïse was slain, Martine Moïse called to tell him that, “Jovenel didn’t do anything for us. You have to open the office. The president told Ti Klod to create a council of ministers; he will hold elections in three months so I can become president, now we will have power.”

While the document did not identify Ti Klod, the former prime minister, Claude Joseph, is known by that name.

The judge also stated in his report that Martine Moïse “suggested” she took refuge under the marital bed to protect herself from the attackers, but he noted that authorities at the scene found that not “even a giant rat…whose size measures between 35 and 45 centimeters” could fit under the bed.

The judge said the former first lady’s statements were “so tainted with contradictions that they leave something to be desired and discredit her.”

Others who face charges including murder are Christian Emmanuel Sanon, a Haitian-American pastor who visualized himself as Haiti’s next president and said he thought Moïse was only going to be arrested; Joseph Vincent, a Haitian-American and former informant for the U.S. Drug Enforcement Administration; Dimitri Hérard, presidential security chief; John Joël Joseph, a former Haitian senator; and Windelle Coq, a Haitian judge whom authorities say is a fugitive.

Sanon, Vincent and Joseph were extradited to the U.S., where a total of 11 suspects face federal charges in the slaying of Haiti’s president. At least three of them already have been sentenced.

Meanwhile, more than 40 suspects are languishing in prison in Haiti awaiting trial, although it was not immediately clear how quickly one would be held following Monday’s indictments. Among them are 20 former Colombian soldiers.

Milena Carmona, wife of Jheyner Alberto Carmona Flórez, told The Associated Press that he is innocent.

“What’s happening is that this crime is a conspiracy of great magnitudes in which powerful people are behind the scenes running everything, and that’s why they’re not given freedom,” she said of the former soldiers.

U.S. prosecutors have described it as a plot hatched in both Haiti and Florida to hire mercenaries to kidnap or kill Moïse, who was 53 when he was slain at his private home near the Haitian capital of Port-au-Prince.

The attack began late July 6 and ended July 7, according to witnesses.

Martine Moïse and others who were interrogated said they heard heavy gunfire starting around 1 a.m. that lasted between 30 to to 45 minutes before armed men burst into the bedroom of the presidential couple.

Moïse said she was lying on the ground when she heard the attackers yell, “That’s not it! That’s not it! That’s not it!”

She said the suspects made a video call to identify the exact location of what they were searching as they killed the president. She added that she was face down when the suspects tilted her head and tugged on one of her toes “to ensure that she wasn’t alive.”

Once they left, Moïse said she dragged herself on the ground and whispered to her husband that she was going to try and go to the hospital.

“That’s when she noticed that the president was dead and that his left eye had been removed from the socket,” the report stated.

Moïse said a group of about 30 to 50 police officers were supposed to guard the presidential residence, but the judge noted that only a handful of officers were present that night. One officer told the judge that he heard explosions and a voice through a megaphone saying, “Do not shoot! It’s a DEA operation! US Army! We know how many officers are inside. Exit with two hands lowered.”

Another officer said the head of security of the first lady found her “in critical condition” surrounded by her two children. He said he also saw an undetermined number of people coming out of the president’s residence “with briefcases and several envelopes in their possession.”

The report quotes Inspector General André Vladimir Paraison saying that the president called him at 1:46 a.m. and told him, “Paraison! Man, hurry up! I’m in trouble! Come quickly and save my life.” He said he encountered heavily armed men and couldn’t access the residence immediately.

Officers at the scene said they found cars, windows and doors at the president’s private home riddled with bullet holes, along with surveillance cameras cut off and a broken lock on the double-wooden door leading to the presidential bedroom.

The judge said some police officers at the residence were disarmed and handcuffed, while others “had time to throw themselves down a ravine” for safety. In addition, the police officer overseeing presidential security was accused of receiving $80,000 to bribe certain officers “to remain inactive” during the assassination, according to the report.

The judge noted how “none of the police providing security to the head of state was in danger. Unfortunately, the head of state was assassinated with ease.”

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EU action can help put a stop to killings of human rights defenders

It has been almost eight years since the Paris Agreement was finalised. In that time, at least 1,390 defenders advocating for a healthy environment and rights linked to land have been killed, Mary Lawlor writes.

Human rights defenders in every region of the world are peacefully organising and advocating to ensure equitable access to land and prevent environmental destruction. 

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Their activism and leadership is key to the realisation of societies in which respect for human rights is a reality, including the right to a healthy environment. Yet fatal attacks against these defenders continue.

According to the latest research by the NGO Global Witness, 177 land and environmental rights defenders were killed in 2022. 

The stories documented in the organisation’s new report are heavy and painful. Five children were among those killed in the attacks, including nine-year old Jonatas de Oliviera dos Santos, who was targeted in retaliation for his father’s work in Brazil.

This year marks the 25th anniversary of the UN Declaration on Human Rights Defenders, agreed by consensus by all member states at the UN General Assembly in 1998. 

It is in the declaration that we find the right to defend rights codified. There needs to be a new resolve to make good on that right in order to stop the killings, both where state and non-state actors are implicated, and the EU — with its new law on environmental and human rights due diligence — can play a key role.

Latin American, Indigenous and campesino defenders targeted

Almost 90% of the deaths recorded by Global Witness took place in Latin America, and more than a third of those killed were Indigenous defenders, with close to a quarter campesino advocates — small-scale farmers, peasants and agricultural workers. 

Those most at risk of these fatal attacks are advocating in their local communities, often in rural areas where access to land is an imperative for the fulfilment of human rights.

One of the killings detailed in the report is that of Rarámuri Indigenous leader José Trinidad Baldenegro, from the Coloradas de la Virgen community in the south of Chihuahua in Mexico. 

Indigenous defenders from the community have been opposing deforestation from illegal logging for decades, despite a series of assassinations of those involved. 

In 1986, when he was 11 years old, José’s father was killed. His brother, the environmental activist Isidro Baldenegro, was murdered in 2017. Julián Carrillo, another Indigenous defender engaged in the community’s struggle, was killed in 2018.

What does effective protection look like?

Killings not only take the life of the victims, but have a massive impact on the families of those targeted and the communities they come from.

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After Julián Carrillo was killed in 2018, his family left the community for fear of further retaliation. In a rare instance of accountability through the courts, investigations in Mexico led to prosecutions for Julián’s murder, yet such examples remain the exception, with impunity for killings remaining extremely common.

Killings in Colombia, Brazil, Mexico and Honduras account for 139 of the assassinations documented by Global Witness last year. 

All of these states have mechanisms specifically designed for the protection of human rights defenders, and are making efforts to improve the practical support they can offer through them and address issues in how they operate. Yet these efforts need to intensify. 

The states most affected by killings should work together to share good practices and learn from defenders about what effective protection might look like, in particular in rural contexts. 

They should support defenders to make links with one another to share self-protection and quick-response strategies that need to be viewed as going hand-in-hand with state-based protection. There has been some progress and solutions are possible.

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No more business as usual: regulation needs to address root causes

Despite the heavy concentration of killings in a small number of states — with the Philippines also a country of high concern, given the 11 killings recorded there — the root causes of the attacks cannot be reduced to the conditions in a few national contexts.

More than 12% of the killings recorded in 2022 were linked to business activities and supply chains, where the responsibility to act extends beyond borders. 

The negative human rights impacts and related risks for defenders opposing them have been well-documented when it comes to high-impact sectors, including mining, logging and agribusiness. 

The home states of companies active in these industries need to draw a line under toxic business practices and effectively legislate to prevent them.

That includes EU member states, and the EU can make a difference by obliging companies across all sectors to assess risks for human rights defenders under the proposed Corporate Sustainability Due Diligence Directive. 

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They should also ensure investors do not fund projects where defenders could be under threat.

Positive positions, if imperfect, have been adopted by the European Council and the European Parliament in relation to provisions for defenders in the directive, and they must be improved still — not watered down — as negotiations progress.

Protect defenders to protect the climate

The need to protect defenders, including through binding obligations for companies, and to offer them greater support is magnified by the urgent global imperative to combat climate change and mitigate its impacts.

It has been almost eight years since the Paris Agreement was finalised. In that time, at least 1,390 defenders advocating for a healthy environment and rights linked to land have been killed. 

In 2022, as the Global Witness report lays out, at least 39 land and environmental defenders were killed in the Amazon, an area both crucial for mitigating climate change and set to be highly impacted by it.

As part of the prioritisation of social justice and inclusion which, as the IPPC has stated, is essential to enable a just transition away from our current high-carbon economy, states should embrace human rights defenders as allies in fulfilling their human rights and climate obligations.

They should make good on promises to improve their protection, support their networks and advocacy, including at COP28, and listen them to ensure risks to human rights are addressed and violations remedied.

Mary Lawlor is the United Nations Special Rapporteur on the situation of human rights defenders.

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