cooperate or provide truthful information to the FBI. Similarly, the FBI has no authority to conduct searches or obtain subpoenas to gather evidence. The FBI also has no authority to offer any form of witness protection.

All of these factors slowed the pace of the FBI's investigation of the Bertin/Baillergeau murders and were frustrating to the FBI Agents in Port-Au-Prince.

members.

As a result of investigative efforts, particularly

source information of unknown reliability, the FBI expressed to the Government of Haiti the likelihood that it would be necessary to interview Government officials and employees including cabinet In early June 1995, FBI Agents interviewed various IPSF members. Subsequently, the FBI experienced significant investigative difficulties because of its inability to interview Government of Haiti officials and employees, including some members of the IPSF and the Palace Security Service on terms consistent with an impartial, professional investigation.

Issues were raised regarding the conditions under which
The FBI had extended

the FBI could interview IPSF personnel.
negotiations with Government of Haiti officials and the attorneys
representing the IPSF officers regarding these interviews.
Ultimately our efforts were stymied by what in our professional
judgement were unreasonable conditions placed upon any such

interviews by private attorneys purporting to represent these individuals. As the FBI has no access to compulsory process of

any sort in Haiti, we felt the time had come to turn the investigation over to the Haitian authorities.

I hope my appearance today will address the Committee's questions regarding the FBI's involvement in the Bertin/ Baillergeau murder investigation in Haiti.

MR. CHAIRMAN, IT HAS NOW BEEN SOME 16 MONTHS SINCE PRESIDENT CLINTON SENT 20,000 U.S. TROOPS TO HAITI. THEIR MISSION WAS, AS THE PRESIDENT HIMSELF SAID IT, "TO RESTORE DEMOCRACY TO HAITI."

IN JUST TWO MONTHS, U.S. AND OTHER TROOPS ARE SET TO WITHDRAW FROM HAITI. IN THE AFTERMATH OF THE PRESIDENTIAL ELECTIONS LAST MONTH, AND THE ELECTION OF RENE PREVAL AS HAITI'S NEXT PRESIDENT, WE HAVE BEEN HEARING PREMATURE DECLARATIONS OF SUCCESS OF THE HAITI POLICY.

HOWEVER, AS IS OFTEN THE CASE, WISHING FOR SOMETHING DOESN'T MAKE IT TRUE. ALL OF US WOULD LIKE TO SEE DEMOCRACY AND PROSPERITY IN HAITI. UNFORTUNATELY, WE MUST BE REALISTIC AND ADMIT THAT THINGS ARE NOT GOING WELL IN HAITI. THE SITUATION IS QUITE BLEAK AND COULD IN FACT GET EVEN BLEAKER IF THE CURRENT TREND IS ALLOWED TO CONTINUE.

THERE ARE A NUMBER OF ISSUES THAT CONCERN US GREATLY:

FIRST OF ALL, THE PRESIDENTIAL ELECTION, SO STRONGLY HYPED AS A GREAT SUCCESS, WAS IN FACT, A FARCE. THE TURNOUT WAS EXCEEDINGLY LOW--SOME RELIABLE ESTIMATES PLACE IT AT 5-8%. THE APATHY OF THE HAITIAN PEOPLE WAS PAINFULLY OBVIOUS.

FURTHERMORE, THERE WAS NO REAL COMPETITION IN THE ELECTION. SEVERAL OF THE MAJOR OPPOSITION PARTIES BOYCOTTED THE VOTING. SEVERAL CANDIDATES WERE HARASSED AND INTIMIDATED. ALL IN ALL, A SITUATION THAT DOES NOT BODE WELL FOR DEMOCRACY.

SECONDLY, HAITI CONTINUES ΤΟ BE PLAGUED BY POLITICAL VIOLENCE.

SEVERAL MURDERS OF POLITICAL OPPONENTS OF PRESIDENT ARISTIDE ARE STILL UNSOLVED, DESPITE STRONG EVIDENCE INDICATING THAT ARISTIDE LOYALISTS WERE INVOLVED. THIS IS QUITE SIMPLY, AN INTOLERABLE SITUATION.

THE NEXT ISSUE OF CONCERN IS THE CORRUPTION AND INCOMPETENCE OF THE NEW POLICE FORCE. IF HAITI IS TO BE A LAW-ABIDING SOCIETY, THERE MUST BE RESPECT FOR THE POLICE. YET, DESPITE REPEATED PLEDGES BY PRESIDENT ARISTIDE TO RESPECT THE INTEGRITY OF THE POLICE, HIS GOVERNMENT CONTINUES TO APPOINT UNSUITABLE INDIVIDUALS TO SERVE ON THE FORCE.

IN FACT, PRESIDENT ARISTIDE PERSONALLY ASSURED ME, WHEN I WAS IN HAITI LAST FEBRUARY, THAT HE WAS TOTALLY COMMITTED TO A TRULY INDEPENDENT POLICE FORCE. HE PLEDGED THAT HE WOULD NOT LOAD THE FORCE UP WITH HIS OWN LOYALISTS. YET THIS IS PRECISELY WHAT WE ARE NOW WITNESSING, MUCH ΤΟ OUR EXTREME DISAPPOINTMENT." LAVALAS CRONIES AND BRUTAL UNQUALIFIED EX-SOLDIERS DO NOT BELONG IN THE

HAITIAN POLICE, IF IT IS TO HAVE THE RESPECT OF THE PEOPLE.

FINALLY, THERE IS THE PROBLEM OF HAITI'S ECONOMY, WHICH IS A
BASKET-CASE. WITH 80% UNEMPLOYMENT, WITH ELECTRICITY CONFINED TO
TWO OR THREE HOURS A DAY, WITH FOREIGN INVESTORS STILL
DOUBTFUL ABOUT HAITI'S PROSPECTS, THE HAITIAN GOVERNMENT MUST THE
NECESSARY STEPS TO JUMP-START THE ECONOMY. NEVERTHELESS, UNDER
PRESIDENT ARISTIDE, THERE HAS BEEN A BACK-SLIDING FROM THE
COMMITMENT TO PRIVATIZATION. THIS HAS LED TO THE RESIGNATION OF
FORMER PRIME MINISTER MICHEL, A MAN WHO WAS SINCERELY INTENT ON
ECONOMIC REFORM.

UNLESS THESE ISSUES ARE ADDRESSED FORTHRIGHTLY AND AGGRESSIVELY BY PRESIDENT PREVAL, I BELIEVE IT WILL BE IMPOSSIBLE FOR THIS CONGRESS TO APPROVE ANY ASSISTANCE FOR HAITI. ANY SUPPORT FOR A GOVERNMENT THAT DOES NOT WORK IN GOOD FAITH TO ANSWER THESE CONCERNS WOULD SIMPLY BE MONEY DOWN A RAT-HOLE.

I APPLAUD YOU MR. CHAIRMAN, FOR PLACING A HOLD RECENTLY ON MONEY INTENDED FOR HAITI'S POLICE TRAINING. I HOPE THIS MOVE WILL SEND A STRONG MESSAGE TO THE INCOMING HAITIAN GOVERNMENT. IF THEY ARE

NOT WILLING TO PRODUCE RESULTS ON ALL OF THESE FRONTS, I AM AFRAID THAT THE UNITED STATES CANNOT AND WILL NOT BE ABLE TO SUPPORT THEM.

THANK YOU, MR. CHAIRMAN.

United States Department of State

Washington, D.C.
January 3, 1996

20520

Dear Mr. Chairman:

Shortly you will receive our response to your letters of December 15 and December 22, regarding the training of the Haitian National Police. We have also made arrangements to give your Committee's staff and members access to the first batch of documents requested by Chairman Combest (and Roger Noriega actually reviewed those documents on December 29). Those additional documents requested subsequently by you, Chairman Combest, and Chairman Helms should be available shortly.

We are, needless to say, concerned that you should think that the Department of State may have held back from the Congress information regarding the FBI's investigation of the murder of Mireille Bertin. We can assure you that such is not the case. Through early October, the FBI treated this inquiry as an ongoing criminal investigation. Accordingly, it shared only such information as it deemed necessary and advisable with Embassy, CIA, and DOD personnel in Port-au-Prince. Based on contacts with the FBI and other sources, our Embassy reported on the Bertin investigation. In Washington, the relevant agencies cooperated in seeking to overcome obstacles which the FBI had encountered in the course of its investigation.

In late October, after a decision had been made to discontinue the independent FBI investigation and to turn the material it had gathered over to the Haitian investigative team created for the purpose of pursuing this inquiry, FBI representatives in Washington met with State and other relevant agency representatives to share results of their

investigation. Congress was informed in early November, when all involved agencies provided the House Permanent Select

The Honorable

Benjamin A. Gilman, Chairman,

Committee on International Relations,

House of Representatives.