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San Francisco, CA: April 20, 2007.  After years of illegal imprisonment and unsubstantiated charges, former Haitian Prime Minister Yvon Neptune is a free man.  A Haitian appeals court has ruled that all charges against him must be dropped, due to the unconstitutional manner in which they were filed.  Charges against former Minister of the Interior Jocelerme Privert were also dropped.
    “While Neptune is free, many others are not,” stated University of California Hastings law student Jens Iverson.  “Neptune’s release is a case study in how international pressure and attention can help those caught in a dysfunctional justice system, where many prisoners are simply forgotten and left to rot.”  U.C. Hastings Professor Naomi Roht-Arriaza stated that  “the partnership between renowned Haitian attorneys such as Mario Joseph, human rights experts and willing law students has proven to be truly effective.  But much remains to be done.” 
    On April 20, 2005, law students at the University of California, Hastings, along with Haitian and U.S. attorneys filed a petition with the Inter-American Commission on Human Rights (IACHR) on behalf of Neptune.  Neptune had been illegally imprisoned since June 2004.  The law students’ petition requested immediate action on the part of the Commission to prevent further endangerment of Mr. Neptune's life.  In addition to calling for the former Prime Minister’s immediate release from arbitrary detention, the petition asked for international oversight and supervision of Haitian prisons in order to improve their dismal conditions.
    Mr. Neptune’s continued detention placed his life in substantial danger.  He survived at least two assassination attempts, as well as a prison massacre and a prison breakout since his arrest. While the Yvon Neptune was eventually released from prison due to the worldwide outcry at his illegal imprisonment, charges remained lodged against him.
    The Inter-American Commission on Human Rights (IAHCR) decided in November 2005 to declare the present case for Yvon Neptune admissible with respect to Articles 5, 7, 8, and 25.1 of the American Convention and to proceed with the examination of the merits of the case.
    In November 2006, at the request of the Inter-American Commission on Human Rights (IAHCR), the Bureau des Advocats Internationaux, the Institute for Justice for Democracy in Haiti, and the Hastings Human Rights Project for Haiti, submitted their support for referral of the case to the Inter-American Court of Human Rights. 
    “The Appeals Court victory is not the victory that Mr. Neptune and his co-defendants deserve, and the prosecutor had recommended, because it does not recognize the absence of evidence against them,” explains Brian Concannon of the Institute of Justice and Democracy in Haiti, a co-filer of the complaint before the Inter-American Commission that brought Neptune’s plight to worldwide attention.  “But it is a victory, because it ends almost three years of legal struggle, including over two dangerous years in prison for Mr. Neptune and Mr. Privert.  Credit is due Mario Joseph and his legal team at the Bureau des Avocats Internationaux, but the lawyers never would have had their day in court without the persistent pressure applied from outside Haiti.”
    The IACHR is conducting an on-site visit to Haiti from April 16-20, 2007 to observe the human rights situation.  The IACHR is charged by the Organization of American States (OAS) to examine and report on human rights in the western hemisphere. The Commission investigates claims of human rights violations, makes recommendations to governments, and refers cases to the Inter-American Court of Human Rights.  The Commission investigated the violations of Neptune’s rights and referred the case to the Court.  That case will remain active due to the suffering Neptune endured and the overriding concerns regarding Haiti’s defective justice system.

See the handwritten decision dropping all charges.

In November 2006, at the request of the Inter-American Commission on Human Rights (IAHCR), the Bureau des Advocats Internationaux, the Institute for Justice for Democracy in Haiti, and the Hastings Human Rights Project for Haiti, submitted their support for referral of the case to the Inter-American Court of Human Rights.
Read our submission (pdf)

While the Yvon Neptune is released from prison due to the worldwide outcry at his illegal imprisonment, charges remain lodged against him. 

The Inter-American Commission on Human Rights (IAHCR) decided in November 2005:
- To declare the present case for Yvon Neptune admissible with respect to Articles 5, 7, 8, and 25.1 of the American Convention
- To notify the petitioners and the State of the present decision
- To proceed with the examination of the merits of the case
Read the IAHCR decision (pdf)

Presentation by Mario Joseph and Brian Concannon Jr. (mp3; 8.5 MB)
USNewswire Press Release About US and Brazilian Government Culpability in Haitian Massacres (Press Conference on Nov. 15, 2005 in Washington D.C.)
Press Release: US Congresswoman Maxine Waters and 24 other members of Congress ask Bush to urge Haiti to release Yvon Neptune (pdf)

National Lawyers Guild Highlights Hastings Human Rights Project for Haiti: Page 1, Page 2

In addition, we encourage all visitors to this site to promote awareness of Yvon Neptune's case by contacting the media directly, disseminating news and materials online, and linking to http://HastingsHumanRights.org.
We encourage the media to contact us and cover this important breaking story.

Please see Yvon Neptune's handwritten plea for assistance and declaration of a complete hunger strike to protest life-threatening violations of his rights. (English translation)