Attorney General Janet Reno has asked me to write you to confirm the following points of agreement reached in our July 3 meeting with Associate Deputy Attorney General Seth Waxman and Deputy Assistant FBI Director William Perry: 1. The FBI will proceed with the Bertin invastigation, pursuant to the following guidelines: At the (a) While the FBI of course reports to the Attorney General of the United States, the investigation ic being conducted for the benefit. and assistance of the Haitian Ministry of Justice. conclusion of the investigation, à report will be provided to the Haitian Government. In the interin, the FBI team vill continue to coordinate when and as requested with the Juge d'Instruction to whom the Bertin assassination investigation has been assigned. (b) The FBI may solicit and conduct interviews of any individual it believes may have 10:46 202 647 2901 HAITI DESK 004/006 (c) The FBI will honor any request by an individual who wishes to be accompanied during an interview by an attorney representing the individual's personal interest -- so long as that attorney is not also representing the interest of the Haitian Government. (a) Before interviewing any Haitian Government official, the FBI will notify the individual that (a) if he wishes, he may be accompanied by an attorney representing his personal interest, and (b) if he vishes, the Government of Haiti will provide hia with such an attorney without charge. If an individual wishes an attorney, the interview will be arranged at a time and place at which the attorney can be present (so long as the attorney is not also representing the Government of Haiti). If the individual does not vish an attorney, the interview will proceed at a mutually agreeable time and place. 2. The FBI will not institute investigations into alleged political assassinations under the Cedras regime. Instead, the Felony Trial Project, in which both U.S. prosecutors and FBI agents participate, is available upon request and will assist Haitian lav enforcement authorities in investigating and prosecuting these other assassinations. 3. The FBI Bertin investigation should proceed fully, independent of the progress on any other investigations. 4. The Government of Haiti will promptly reply in writing to my letter to you of April 24, 1995, regarding the legal status of the FBI agents operating in Haiti. Once again I want to assure you of my Government's continued willingness to work with you to show that in the new Haiti, serious crimes can and will be investigated and prosecuted, and the guilty punished. Kindest regards. Respectfully, Wellin laces Jung William Lacy Swing PHUM-5 Ambassador of the United States of America Port-au-Prince, July 27, 1995 Dear Mr. President: Thank you for your letter dated July 13, 1995, regarding the FBI's participation in the investigation of the Bertin case. It is essential that ve proceed in this important and delicate matter in full agreement. I appreciate, therefore, your quick response to my letter of July 11th. To ensure there is no misunderstanding, I wish to reconfirm the following points: As I mentioned in my letter, the United States understands and supports the need for the Haitian justice system to investigate and prosecute the many crimes that occurred during the Cedras regime. The United States Government remains prepared to assist in this effort, through the framework of the Felony Trial Project, which was established last Spring, in cooperation with Minister of Justice Exume, for this purpose. (To date, however, the Project has not been referred any cases.) The FBI cannot "extend" its efforts in the Bertin case "to all victims of violent crime in Haiti." That would require an expansion of resources for the purpose far beyond our capability to commit. In my July 11th letter, I set forward our understanding based upon our July 3rd discussion, of the manner in which the FBI should interact with the Haitian Ministry of Justice in the conduct of interviews. I understand from your letter that these procedures are satisfactory. Needless to say, the United States agrees entirely on the need to respect Haitian law and the dignity of the Haitian people. I assure you that the His Excellency Jean Bertrand Aristide, President of the Republic of Haiti. FBI, like other elements of the American Government working in Haiti, has done so and will continue to do 50. Should you have or receive any information to the contrary, I ask that you bring it to my immediate attention. Similarly, if there are concerns you feel the Haitian people have with regards to the FBI's role, I ask that you advise me immediately. For our part, we believe that the FBI's participation in this investigation has helped reduce that acute and widespread sense of insecurity which followed on the Bertin assassination, and threatened to undermine the secure and stable environment in Haiti which you and we have worked so hard to create. Finally, we would appreciate an early reply to our report of April 24, 1994, regarding the legal status of the FBI agents operating in Haiti. It is important, particularly in light of the sensitiveness expressed in your most recent letter, that such matters be clearly agreed between us. Kindest regende. Sincerely, Willis lock Sung William Lacy Swing DEPARTMENT OF DEFENSE March 22, 1995 Commanding General Honorable Jean Joseph Exume Minister of Justice Port-au-Prince Raiti Dear Minister Exume: The Multinational Furces have recently been presented with allegations and evidence concerning a possible conspiracy to murder a prominent attorney who has been critical of the current Government. Although we have not fully investigated all aspects of this case at the present time, the following information is provided so that your Government may Immediately undertake an appropriate investigation of this matter. Because another Minister of the Government is alleged to have been involved in this conspiracy, I have also votified President Aristide of this matter. An MNF contract interpreter named Mr. Claude Douge provided information that he had recently been given a weapon (an uzi) by Mr. Patric Moise. He also told us that Mr. Moise related that he had been hired by Afinister of the Interior Beaubrun to assassinate Mirelle Durocher Bertin. Ile then surrendered the weapon to the MNF. Patric Moise is known to the Multinational Forces to have both the training and capacity to commit such an act. Mr. Douge told us that Mr. Moise and others would be coming by his house during last Sunday evening to conduct reconnaissance of Ms. Bertin's house and workplace. Mr. Douge told us that Patric and the others would be in a gray Isuzu Trooper. At the appointed time and place, we apprehended Mr. Moise and others in a gray Isuzu Trooper as they arrived at Douge's home. The vehicle was registered to the Ministry of the Interior. Mr. Patric Moise was accompanied by his brother Eddi, Mr. Micheller Nicholas, and Mi Jean Joseph St. Claire. When apprehended, these individuals had papers in their possession which contained the telephone number of Minister Beaubrun and Ms. Bertin's name on a list of lawyers who may have participated at the coup d'etat. Mr. Douge's information was partially confirmed by his wife, who when independently questioned, related that Mr. Douge had told her of the plot, and by Mr. Nicholas, who told us that he went with Patric Moise to pick up the Isuzu Trooper directly from Minister Beaubrun (who Nicholas snid handed the keys to Patric Moise on Saturday night, March 18). Mr. Nicholas and Mr. St. Claire also confirmed that Mr. Patric Muise met the Minister and others at the Ministry of the Interior throughout this past week. |