Philippe Biamby

25.10.2012 ( Last modified: 08.06.2016 )
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facts

General Philippe Biamby was born on September 21, 1952. He was a member of the military high command of the military forces of Haiti (Forces Armées d’Haiti: FADH), an unconstitutional and brutal military regime led by Raoul Cédras (see “related cases”) that governed Haiti from October 1991 to October 1994. General Biamby was Cédras’ deputy and served as the Haitian army’s Chief of Staff.

From the beginning of the military dictatorship, the Haitian Armed Forces used civilian attachés or paramilitaries to support their campaign of intimidation and repression against the people of Haiti. The three-year military dictatorship was characterised by widespread state-sponsored human rights violations committed by the Haitian Armed Forces and the paramilitary organization FRAPH (Front Révolutionnaire Armé pour le Progrès d’Haiti), in Haiti. The practices of the military and FRAPH included extrajudicial killings, forced disappearances, arbitrary arrest and detention, rape and other torture and violence against women. Several thousand people were killed during the period of military rule. These abuses also caused thousands of Haitians to flee the country, often in crowded, unseaworthy boats.

FRAPH members received arms and training from the Haitian Armed Forces who were running the government, and FRAPH was used by the military to maintain control over the population. With the financial and logistical support of the Haitian Armed Forces and certain Haitian civilians, FRAPH killed, arbitrarily detained, raped and otherwise tortured or mistreated civilians in the poorest neighbourhoods and regions of Haiti. They also looted and burned or destroyed homes in an effort to break the resistance of the population to military rule. Rape of women was utilised in Haiti as a technique to terrorise the civilian population after the coup d’état in 1991.

Philippe Biamby was accused of having been involved in the Raboteau massacre. This atrocious event, which took place April 18 to 22, 1994, in Raboteau, Haiti, consisted of an attack by military and paramilitary units on pro-democracy activists under Haiti’s 1991-1994 dictatorship (see “spotlight” for more information about the Raboteau Massacre trial). As a member of the military high command of the FADH, Biamby was considered to have been an intellectual author and principal of the massacre.

In September 1994 the United States military arrived in Haiti to secure the return of the democratically-elected government headed by President Aristide. On October 15, 1994, President Aristide was returned to power and moved to disband the Haitian Armed Forces. The high command of the military regime, including Philippe Biamby, fled Haiti, escaping to nearby countries. After having given him political asylum, Panama refused to extradite Biamby to Haiti in 1998.

legal procedure

During a brief episode of constitutional order created after Haiti’s first peaceful transfer of power in 1996, the judiciary of Haiti pursued an investigation of human rights violations committed under the military regime. Biamby was charged under the Haitian Criminal Code of Criminal Conspiracy and Improbity. In his capacity as army Chief of Staff he was considered to have been an intellectual author and/or accomplice of the Raboteau massacre: he was notably charged with homicide and attempted homicide, assault and battery as well as illegal arrest and detention, followed by torture, pillage, theft, damage or destruction of property, abuse of authority, property offence, crimes and misdemeanours against the constitution. Other leaders of the military regime were also prosecuted (see “related cases”).

On 16 November 2000, a Haitian trial court convicted Biamby of murder, in absentia, for his role in the Raboteau Massacre, a military/paramilitary attack on civilians. The case was based on command responsibility and accomplice theories. The repression was considered to have been organized systematically and on a national scale. It was noted that Gonaïves, and particularly Raboteau, had been targeted throughout the coup years, and that the leadership was well aware of this repression. The attack was considered to have been planned and covered up by national military and civilian leaders.

Philippe Biamby received the mandatory sentence of forced labour for life. Under the Haitian Code of Criminal Procedure, if those convicted surrender or are arrested, they have the right to a new trial. The Court also issued a civil damages judgment against the defendants and in favour of the victims, for 1 billion gourdes (about $43 million US).

spotlight

Haiti’s Raboteau Massacre trial was a major development in international law in 2000. The case was a milestone in the international fight against impunity for large-scale human rights violations. The core of the prosecution’s case was eyewitness testimony.

The trial concluded on November 9, 2000 when, after six weeks of trial and five years of pre-trial proceedings, a jury in the Haitian city of Gonaïves convicted sixteen former soldiers and paramilitaries for participating in the April 1994 Raboteau Massacre. Twelve of these were convicted for premeditated murder and received the mandatory sentence of forced labour for life. The other four received sentences from four to nine years.

A week later, the judge convicted thirty-seven more defendants in absentia, including the entire military high command and the heads of the paramilitary FRAPH (Front Révolutionnaire pour l’Avancement et le Progrès d’Haïti). The in absentia defendants all received the mandatory life imprisonment, but they are entitled to a new trial if they are arrested or if they return to Haiti. The case was based on command responsibility and accomplice theories.

The Raboteau case marked a sharp break with a long tradition of impunity in Haiti. The case was the most complex in the country’s history, and was the first broad prosecution of commanders for human rights violations.

On 3 May 2005, the convictions of at least 15 of the Raboteau defendants that took place on November 9, 2000 were overturned in one fell swoop by Haiti’s Supreme Court in a murky ruling. But the annulment of the convictions appeared to apply only to those convicted at the jury trial, and not to the other self-exiled defendants convicted in absentia, such as paramilitary leader Emmanuel Constant, and the three top leaders of the military dictatorship, Raoul Cédras, Philippe Biamby and Michel François (see “related cases”).