International

Haiti: Amnesty International Calls "shame" on Duvalier Verdict

LONDON, United Kingdom (defend.ht) - Denouncing a premium to impunity and a rogue court, complying with the political willingness of Martelly’s administration to take up the cause of Jean-Claude Duvalier, Amnesty International calls a “shame” on the verdict of magistrate Carves Jean.

Judge Jean decided not to judge Duvalier for his crimes but for corruption. The human rights organization invites the former victims of dictatorship to appeal against this order.

The judicial authorities in Haiti have dealt a blow to the victims of Jean-Claude Duvalier, Amnesty International said Tuesday, January 31, 2012, after the criminal proceedings against the former "president for life" for serious human rights violations were dropped.

A judge in Port-au-Prince announced Monday, January 30 Jean-Claude Duvalier (nicknamed "Baby Doc") would not be tried for alleged crimes against humanity - including cases of torture, disappearances and extrajudicial killings - but only for misappropriation of public funds committed while in power between 1971 and 1986.

The text of the judge's decision was not made public.

Jean-Claude Duvalier is under investigation in Haiti since he returned from exile in France in January 2011, after a group of victims filed complaints accusing him of crimes against humanity and that corruption and theft.

Victims can appeal the judge's decision and Amnesty International has pledged to continue to support them in their quest for justice.

"The conclusion of the investigation parody of Jean-Claude Duvalier is a disgrace and only reinforces impunity in Haiti. No serious effort has been provided to establish the truth, despite the many complaints and many items relating to crimes and victims, said Javier Zuniga, Amnesty International special adviser who investigated the crimes of Jean-Claude Duvalier in the 1980s.

"The few who heard were subjected to intimidation by supporters of Jean-Claude Duvalier and his lawyers. It is clear that the judge has set aside valuable items and decided not to interview all victims who have complained. It's a sad day for Haiti and for justice.

"Jean-Claude Duvalier fled to France for 25 years until he returned to Haiti, where the authorities have not brought to account for crimes under international law committed by his subordinates when he was in power."

In January 2011, Amnesty International presented a number of documents outlining the serious human rights violations committed under Jean-Claude Duvalier, but the judge did not review.

Under international law, torture, forced disappearances, extrajudicial executions and arbitrary arrests are considered crimes against humanity when committed in a widespread or systematic against the civilian population.

No statute of limitations can be applied to crimes against humanity and their perpetrators are not eligible for a pardon, even former heads of state.

Amnesty International has expressed concern about the unwillingness of the government of Haiti to lead Jean-Claude Duvalier to justice.

"Recent public statements by the President Martelly suggested that Jean-Claude Duvalier could be pardoned. This can amount to an unacceptable pressure and interference against the investigation. Inviting Jean-Claude Duvalier to participate in official ceremonies already showed clearly that the government wanted to rehabilitate Duvalier instead of bringing to account for his actions, said Javier Zúñiga.

"Haiti does not respect its international obligations to investigate all allegations of crimes against humanity and bring to justice the perpetrators of these acts. Victims waiting for justice for over 25 years, and the decision today is a major setback for them and all Haitians. However, the fight is not over - we will continue to support victims and appealed to international bodies if necessary."