a communication dated December 6, 1975, the following was denounced:
That on May 19, 1974, in Port-au-Prince, Mr. Marc Romulus was
detained by Government authorities and is now being held in subhuman
conditions in Fort-Dimanche, Port-au-Prince, Haiti.
That since the day of his detention (1 year and 6 months ago), he
has had neither a trial nor a defense attorney, and remains unable to
communicate with his family or members of the clergy.
Commission, in a note dated January 12, 1976, forwarded to the
Government of Haiti the pertinent parts of the denunciation and
requested that it provide the appropriate information (in accordance
with Article 42 of the Regulations);
Government, in a note dated January 29, 1976, replied to the
Commission's request as follows:
is my pleasure to acknowledge receipt of your communication of January
12, 1976, which contains a copy of the communication sent to the
Inter-American Commission on Human Rights regarding the possible
imprisonment of Marc Romulus.
must once again warn Your Excellency to take precautions against
denunciations that are unfounded and that refer to individuals who are
unknown in Haiti.
a letter dated September 1, 1976, the claimant added personal data on
Marc Romulus and stated that one month after his arrest, the police went
to the home of his parents in search of some clothing to bring to the
its 39th session the Commission decided to forward to the
Government the observations sent by the claimants.
Commission, in a note dated February 8, 1977, sent the above decision to
the Government and at the same time advised the Government that the
requested information was needed as soon as possible;
Government, in a note of February 24, 1977, replied as follows:
reference to your notes of January 12, 1976, and February 8, 1977, I
have the honor to inform you that Marc Romulus and Dieudonné Auguste,
arrested and imprisoned by Haitian authorities, are two hardened
terrorists who are responsible for the deaths of many peasants and the
burning of their homes.
individuals, apostles of violence, are a genuine threat to families, in
that they sow the seeds of panic and despair.
it is my pleasure to inform Your Excellency that, in accordance with
instructions received from the President for Like of the Nation, the
files of all individuals being held prisoners will be reexamined by the
judicial authorities; the latter are now engaged in preparing a detailed
report on the matter, and it may be wise to have such a document
51.1 of the Regulations of the Commission stated the following:
occurrence of the events on which information has been requested will be
presumed to be confirmed if the Government referred to has not supplied
such information within 180 days of the request, provided always, that
the invalidity of the events denounced is not shown by other elements of
its first reply to the Commission, the Government of Haiti denied the
arrest of Mr. Marc Romulus, and
the Government of Haiti acknowledged that the individual in question was
being held; but the Government itself has not denied that the detainee
has been held incommunicado and that two years have passed without his
being brought to trial.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. In application
of Article 51.1 of the Regulations, to presume confirmation of the fact
that since the day of his arrest, May 19, 1974, Mr. Marc Romulus has had
neither a trial nor a defense attorney and remains unable to communicate
with his family or with members of the clergy.
2. To point out to
the Government of Haiti that such events constitute very serious
violations of the right to liberty and personal security (Article I of
the American Declaration of the Right and Duties of Man); of the right
to a fair trial (Article XVIII); of the right of protection from
arbitrary arrest (Article XXV), and the right to due process of law
3. To recommend to
the Government that it immediately releases the detainee in question or
brings them to trial.
4. To recommend
the Government that it punish, in accordance with Haitian law, those
responsible for the events denounced, and that, within sixty days, it
inform this Commission of the measures taken.
5. To forward this
resolution to the Government of Haiti and to the claimant.
6. To include this
resolution in its Annual Report to the General Assembly of the
Organization (Article 9 (b bis), c), iii. of the Statute).
at the 539th meeting held on May 27, 1977 (41st
Session), and forwarded to the Government of Haiti on September 22,