Washington College of Law|
Center For Human Rights and Humanitarian Law
RESOLUTION No. 43/83
CASE 9040 (HAITI)
September 26, l983
- In a communication dated January 19, l983, the Commission
received the following denunciation:
The entire Deeb family was arrested on Monday, January 17,
in Port-au-Prince, Haiti, including John Deeb, a well-known
member of the 'Syria Community.'
Mr. Deeb, who has retired from politics, was said to have
been very sick recently and hospitalized in a clinic. The
arrest of John Deeb and his family is a very serious matter that
is indicative of the human rights situation in Haiti and is
significant for purposes of assessing the present political
crisis in Haiti.
The arrest of the Deeb family apparently was the result of
an investigation conducted by the FBI in Miami to determine the
whereabouts of Joel Deeb, John's son. The arrest of the Deeb
family is a clear-cut case of a return to the worst practices
of the Duvalier dictatorship. Blind reprisal against entire
families, old people and children included, when someone is
alleged to be an active opponent.
- The Commission transmitted the pertinent parts of the
denunciation to the Government of Haiti in a communication dated
January 31, l983. It requested that the government provide the
- In a note dated February 28, l983, the Government of Haiti
acknowledged receipt of the January 31 communication, and said that
the Foreign Ministry had begun to make inquiries with the authorities
of the Haitian Government for the purpose of compiling information
on the matter, which would be provided to the Commission as soon as
the Department of Foreign Affairs obtained it.
- Since the Commission did not receive the information
offered, on May 31, l983, a new communication was addressed to the
Government of Haiti, repeating the request for information on the
case and advising it of the possible application of Article 39 of the
Commission's regulations; to date no answer has been received.
- That in its note of February 28, l983, the Government of
Haiti merely promises to send the information requested by the
Commission, but makes no specific reference to the situation of Mr.
John Deeb and his family.
- That the time period stipulated in Article 31 of the
Commission's Regulations has elapsed without the Government of
Haiti's replying to the request for information made repeatedly by
the IACHR in connection with the situation of Mr. John Deeb and his
family; this suggests that there are no domestic remedies to be
exhausted (Article 46 of the American Convention).
- That Article 39 of the commission's Regulations reads as
Article 39. Presumption
The facts reported in the petition whose pertinent parts
have been transmitted to the government of the state in
reference shall be presumed to be true if, during the maximum
period set by the Commission under the provisions of Article 31
paragraph 5, the government has not provided the pertinent
information, as long as other evidence does not lead to a
- That Article 1 of the American Convention on Human Rights
reads as follows:
Article 1. Obligation to Respect Rights
- The States Parties to this Convention undertake to respect
the rights and freedoms recognized herein and to ensure to all
persons subject to their jurisdiction the free and full exercise
of those rights and freedoms, without any discrimination for
reasons of race, color, sex, language, status, birth, or any
other social condition.
- For the purposes of this Convention, "person" means every
- That the Republic of Haiti is a State Party to the American
Convention on Human Rights.
Therefore, in view of the background account and the
considerations made and because the Commission has no other
information to enable it to conclude otherwise, based on Article 39
of its Regulations.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
- To presume the truth of the facts denounced in the
communication of January 19, l983, concerning the situation of Mr.
John Deeb and his family, who were arrested on January 18, l983,
there being no knowledge thus far of their having been released or
placed at the disposition of the competent authorities for a fair
- To declare that such acts constitute a serious violation
of the following rights embodied in the American Convention on Human
Rights: the Right to Personal Freedom (Article 7); the Right to
Humane Treatment (Article 5); the Right to a Fair Trial (Atticle 8).
- To recommend to the Government of Haiti: a) that it order
the immediate release of Mr. John Deeb and his family; b) that it
order a complete and impartial investigation to determine who is
responsible for the acts denounced; (c) that those responsible for
the acts denounced be punished in accordance with Haitian law; (d)
that within a period of ninety days, the Commission be informed of
the measures taken to carry out these recommendations.
- To forward this resolution to the Government of Haiti.
- To include this resolution in the Annual Report to the
General Assembly of the Organization of American States, pursuant to
Article 59 (g) of the Regulations of the Commission, should the
Government of Haiti fail to comply with the recommendations made
herein or to formulate observations thereon within the period