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Haiti’s judicial authorities
have dealt yet another blow to the victims of former leader
Jean-Claude Duvalier, Amnesty International said today after the
criminal case against the former “president-for-life” for grave
human rights violations was dropped.
An investigating judge in
Port-au-Prince announced Jan. 30 that Jean-Claude “Baby Doc”
Duvalier will not stand trial for alleged crimes against
humanity – including torture, disappearances and extrajudicial
executions – but only for embezzlement of public funds committed
during his rule between 1971 and 1986. [The maximum sentence for
that crime is only five years.] The text of the judge’s decision
has not been made public.
Jean-Claude Duvalier has been
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 as well as
corruption and theft.
The victims can appeal the
judge’s decision and Amnesty International has vowed to continue
supporting their search for justice.
“The conclusion of the sham
investigation into Duvalier is a disgrace and will further
entrench impunity in Haiti,” said Javier Zúñiga, Special
Adviser at Amnesty International who researched the crimes of
Jean-Claude Duvalier in the 1980s. “No serious effort was
made to determine the truth despite the multiple complaints and
abundant evidence about the crimes committed and the victims.”
“The handful of victims that
have been interviewed had been subjected to intimidation by
Duvalier supporters and his lawyers,” Zúñiga continued. “It
is clear that the investigating judge left out invaluable
evidence and decided not to interview all the victims that filed
complaints. This is a dark day for Haiti and for justice.”
“Duvalier benefitted from a
safe haven in France for 25 years until he returned to Haiti,
where the authorities have failed to hold him to account for the
crimes under international law perpetrated by his subordinates
while he was in power,” he continued.
In January 2011, Amnesty
International submitted extensive documentation on the grave
human rights violations committed under Duvalier, none of which
was considered by the magistrate.
Under international law,
torture, enforced disappearances, extrajudicial executions and
arbitrary arrests are considered crimes against humanity when
committed as part of a systematic or widespread attack against
the civilian population.
No statute of limitations may
apply to crimes against humanity and the alleged perpetrators
cannot benefit from amnesties, even in the case of former heads
of state.
Amnesty International has
expressed concern that the current Haitian government lacks the
will to bring Duvalier to justice.
“Recent public statements
from President Martelly hinted at pardoning Duvalier,” said
Zúñiga. “This could amount to unacceptable pressure and
interference with the investigation. Inviting Jean-Claude
Duvalier to take part in public official ceremonies clearly
showed that the government wanted to rehabilitate Duvalier
instead of holding him to account.”
“Haiti has failed to live up to its international
obligations to investigate all allegations of crimes against
humanity and bring their perpetrators to justice,” Zúñiga
concluded. “Victims have been awaiting justice for more than
25 years, and today’s decision is a major setback to them and
all Haitians. But this is not the end of the road – we will
continue to support the victims at the appeal stage and in
international instances if necessary.” |
