RESOLUTION No. 42/82
1. In a
communication dated November 10, 1977, the Inter-American Commission
on Human Rights received the following denunciation:
Victome, rural education teacher, 36 years of age at the time of his
arrest, widower, three children, his wife, Claire Maire Geffard was
arrested in 1968 at Petite Riviere de l'Artibonite. She died in 1972
at St. Marc prison under unknown circumstances.
Victome was arrested on the Monday of Holy Week in April, 1969, in the
company of several friends from the Cazale region: Jeremie Eliazaire,
Roger Mehu, Philippe Dulaurier and others. His arrest was effected by:
Marc Delva, the magistrate of Duvalierville; Arnold Pierre, National
Security Volunteer (VSN); Lieutenant Odige; Aurelus Honore, VSN
Commander for Cazale region and Sintervil Duperville, Sectional Chief
for the rural police at Cazale.
Victome, Port-au-Prince-Leogane truck driver; 32 years of age at the
time of his arrest; married, two children.
the month of April, 1969, Thomas Victome went to the movie at Delmas
and he was never seen again. Arnold Pierre, a well-known member of the
VSN, informed Mrs. Idaide Victome, the mother of Thomas, then
imprisoned at Duvalierville, that her son had been captured.
2. In a note dated
March 20, 1978, the Commission addressed the Government of Haiti and
transmitted to it the pertinent parts of the denunciation and
requested from it the appropriate information, although no reply has
3. By means of a
note dated January 3, 1979, the Commission wrote to the Haitian
Government once again and requested the information that it had sought
in the note of March 20, 1978. The Commission has also not received
any reply to this communication.
1. The term
provided for in Article 31 of the Regulations of the Commission has
lapsed and to date the Government of Haiti has not replied to repeated
requests for information made by the IACHR in connection with the case
of the arbitrary arrest of the Victome brothers, Nefort and Thomas,
making it necessary to presume that there are no further remedies
under domestic law which must be exhausted (Article 46 of the American
Convention) in accordance with the procedures established in the same
2. Article 39 of
the Regulations of the Commission reads:
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 term set by the Commission
under the provisions of Article 31 paragraph 5, the government has not
provided the pertinent information, as long as the other evidence does
not lead to a different conclusion.
3. Article 1 of
the American Convention on Human Rights reads:
1. Obligation to Respect Rights
1. 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, religion, political or other opinion, national or social
origin, economic status, birth or any other social condition.
4. The Republic of
Haiti is a State Party to the American Convention on Human Rights.
in view of the foregoing information and the considerations made, and
since the Commission does not have other information that would lead
it to conclude otherwise, on the grounds of Article 39 of its
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
1. To presume to
be true the facts denounced in the communication of November 10, 1977,
relating to the arbitrary arrest and lack of due process of Nefort and
2. To declare that
these facts constitute a grave violation of the following rights
protected in the American Convention on Human Rights: right to
personal liberty (Article 7); and right to a fair trial (Article 8).
3. To recommend to
the Government of Haiti: a) that it provide for the immediate release
of Messrs. Nefort Victome and Thomas Victome; b) that it provide for a
full and impartial investigation to determine who is responsible for
the facts denounced; c) that in accordance with Haitian laws, it
punish those responsible for the facts denounced; d) that it inform
the Commission within a term of ninety days of the measures it has
taken to put the foregoing recommendations into practice.
4. To communicate
this resolution to the Government of Haiti and to the petitioner.
5. To include this
resolution in the Annual Report to the General Assembly of the
Organization of American States.