Background to the Malary Case Before
the Inter-American Commission

Ten months after the killing of Guy Malary, the Lawyers Committee for Human Rights petitioned the Inter-American Commission on Human Rights pursuant to Article 44 of the American Convention on Human Rights, denouncing violations of the Convention committed by Haiti in relation to the case. The Lawyers Committee argued that members of the Haitian military and security forces were responsible for the assassination and that they had prevented initial investigations by outside observers, journalists and others at the crime scene. In addition, the Lawyers Committee stated that the Haitian authorities had failed to undertake an investigation into the murder and to provide any legal remedies. By these acts and omissions, Haiti had violated its obligations under Articles 1(1), 4, 8 and 25 of the American Convention. The relief requested for these violations included the establishment of an independent investigatory body to undertake a full inquiry into the case; the prosecution and punishment of all the individuals responsible; the undertaking of necessary precautionary measures to protect witnesses, lawyers and judges; and the payment of compensation

In response to the petition, the government of Haiti argued that it could not be held responsible for the actions of the prior regime, which had come to power unconstitutionally. The Commission held hearings on the case and determined that the new government should be given sufficient opportunity to investigate the assassination and punish those responsible. Pursuant to its mandate, the Commission sought to reach a friendly settlement between the petitioners and the state, but this became stalled in 1999. With the assistance of law firm Debevoise & Plimpton, the Lawyers Committee submitted supplemental briefs to the Commission, arguing that the lack of progress in the investigation rendered domestic avenues of recourse futile and the Commission should rule the case admissible and make a finding on the merits.

On December 4, 2000, the Commission rendered its admissibility decision, finding that “the existence of effective domestic remedies such as due process is closely linked to the merits of the case … [and that] the issues related to the effectiveness of domestic remedies will be analyzed in conjunction with the merits of the case.” This decision paved the way for a final decision on the merits and in June 2001 the petitioners filed a memorandum, with the assistance of Debevoise & Plimpton, in support of the relief requested. In this memorandum, the Lawyers Committee argued again that Malary was murdered by agents of the military regime in power de facto at the time. In addition, the investigation into the murder was wilfully inadequate and ineffective and the prosecution of two suspects, which resulted in two acquittals, was fundamentally flawed by a lack of preparation. Moreover, the Haitian authorities failed to pursue additional suspects and evidence, including documents in the possession of the U.S. government.

When the Inter-American Commission finds that violations of the American Convention have been committed, it issues a confidential report to the State, containing its recommendations for redress. In accordance with Article 51 of the Convention, three months after the transmission of this report to the State, the Commission may choose to issue a concluding report, for public dissemination. On November 20, 2024 the Commission transmitted its Article 51 report in the Malary case to Haiti, giving a two-week deadline for the State to indicate measures taken to comply with the Commission’s recommendations. The Commission issued a second letter on November 27, 2002 and sought comments from the petitioner on Haiti’s compliance with its recommendations. On December 12, the petitioner responded that, to the best of its knowledge, Haiti had not taken any steps towards compliance. Having received no response from Haiti, the Commission decided to make its Article 51 report public, on December 27, 2002.

In its Article 51 report, the Inter-American Commission details its finding that Haiti is in violation of Articles 1(1), 4, 8(1) and 25 of the Convention. As argued by the Lawyers Committee, the Commission concludes that state agents carried out the murder of Guy Malary and that the state then failed to carry out a thorough, effective investigation into the case. The Commission therefore recommends that such an investigation be conducted immediately and all persons responsible for the killing be prosecuted and punished.

In accordance with its general mandate to promote and protect human rights, the Inter-American Commission conducted two missions to Haiti in 2002. At the end of August, it expressed its concern about the fragile state of the rule of law, the lack of judicial independence, the problem of impunity, the general feeling of insecurity among the populace, the existence of armed groups acting with complete impunity, and the threats made against journalists.

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