Assassination of Jovenel Moïse: On the Necessity of a Special Tribunal

PORT-AU-PRINCE.— In an analysis report on the progress of the trial concerning the assassination of former President Jovenel Moïse, the Center for Research and Analysis in Human Rights demonstrated the limitations of the Haitian justice system in handling cases. CARDH insists on the necessity of establishing a special tribunal, given the ambiguity of the case.

CARDH's Assessment and Recall of Essential Facts

In the early hours of July 7, 2021, a commando composed of Colombian mercenaries, former American agents, and individuals claiming to be from the DEA entered the presidential residence without resistance. The head of state was tortured, riddled with bullets, and then mutilated. The forensic report details an overwhelming list of injuries: more than a dozen bullet impacts, multiple fractures, injuries to the face and skull, a sunken eye, broken bones. Nearly 400 shell casings were found at the scene.

Six people have already been convicted by the American justice system in connection with this case, while in Haiti, not much has happened, only stagnation, as observed by the experts from the analysis center, who found a clear explanation: a complex case due to its transnational crime nature, procedural shortcomings in Haitian law, and political and security conditions that do not allow for a genuine investigation and trial.

The Transnational Dimension of the Crime and the Limitations of an Overwhelmed Haitian Justice System

According to Resolution 55/25 adopted on November 15, 2000, of the United Nations Convention against Transnational Organized Crime, a crime is considered «transnational» if it involves several states. This is the case here: the perpetrators were recruited in Colombia, transited through the Dominican Republic, and received logistical support from the United States. A judicial order issued in 2022 by investigating judge Walter Wesser Voltaire confirmed this transnational nature.

Several of the main accused are currently being tried or have already been convicted in the United States. Five of them are serving life sentences, including former Haitian senator John Joël Joseph and Rodolphe Jaar. Others, like Antonio Intriago, head of the CTU security company in Miami, are awaiting their sentence. But in Haiti, justice is stalled.

Since 2021, no fewer than five investigating judges have successively handled the case. Due to lack of resources, support, or fear, several have withdrawn. The absence of a national jurisdiction, the non-collegiality of the investigation, the conflict between the Romano-Germanic legal traditions (Haiti) and Common Law (USA), conflicts between the judicial and executive powers, and institutional precariousness make the investigation extremely difficult, CARDH explained in its analysis.