Emmanuel Constant

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. Constant was charged under Haitian Criminal Code of Criminal Conspiracy and Improbity. As accomplice of the Raboteau massacre he was also charged of homicide and attempted homicide, illegal arrest and detention, followed by torture, property offence, crimes and misdemeanours against the constitution, pillage, theft, assault and battery, damage or destruction of property. Other leaders of the military regime were also prosecuted (see "related cases").

On 16 November 2000, a Haitian trial court convicted Emmanuel “Toto” Constant of murder, in absentia, for his role in the Raboteau Massacre, a military/paramilitary attack on civilians in which FRAPH participated. 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.

Constant 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).

An NGO in the US, the Center for Justice and Accountability (CJA), filed a civil suit in December 2004 against him for his responsibility in attempted extrajudicial killings, torture, and cruel, inhuman or degrading treatment, violence against women and crimes against humanity.

In July 2008, Constant was convicted in Brooklyn, New York, of mortgage fraud and faced up to five to fifteen years in prison, before then being sent back to Haiti to serve a life sentence.

The suit filed by CJA resulted in Constant being sentenced by a ferderal court in New York to pay $19 million to three women who survived gang rapes and other violence committed by paramilitary forces under Constant's control. Constant was found liable for torture, including rape, attempted extrajudicial killing, and crimes against humanity in connection with his role as the leader of FRAPH.

On 1 December 2009, the Second Circuit Court of Appeals upheld the judgment for $19 million against Constant.