WASHINGTON, Jan 31, 2012 (IPS) – International and local human rights groups Tuesday strongly denounced the ruling by an investigating judge in Haiti that former dictator Jean-Claude “Baby Doc” Duvalier should not face charges for massive human rights abuses committed during his 15-year reign, from 1971 to 1986.

The Office of the U.N. High Commissioner for Human Rights said it was “extremely disappointed” by the ruling. The U.S. State Department, noting that the case could still be appealed to higher courts, urged “the Haitian government to investigate all credible allegations of corruption and human rights abuses regardless of who commits them and to prosecute those found responsible.”

“We’ve said over the years that Duvalier’s regime was one of repression and we sympathise with all those who were victimised during that period and who are seeking accountability and truth on behalf of themselves or their loved ones,” said State Department spokesperson Molly Lynn Westrate.

She added that Washington has offered to the Haitian government technical assistance in any investigation, but that the offer had not been accepted.

Investigating Judge Carves Jean reportedly ruled that the statute of limitations had run on human rights-related charges against Duvalier and that he could be prosecuted only for misappropriation of public funds, a relatively minor offence which carries a maximum sentence of five years in prison.

The judge declined to make the ruling publicly available, but it reportedly followed recommendations by the state prosecutor, a sign that Haiti experts here believe suggests that the one-year-old government of President Michel Martelly, who is believed to have personally consulted on occasion with Duvalier, has no interest in pursuing the case.

“This wrong-headed decision, if upheld on appeal, would entrench Haiti’s culture of impunity by denying justice for Duvalier’s thousands of victims,” said Reed Brody, special counsel for New York- based Human Rights Watch (HRW).

“The handful of victims who have been interviewed had been subjected to intimidation by Duvalier supporters and his lawyers,” noted Javier Zuniga, special adviser on Haiti to Amnesty, who called the investigation a “disgrace”.

“It is clear that the investigating judge left out invaluable evidence and decided not to interview all the victims who filed complaints,” he added. “It is a dark day for Haiti and for justice.”

Local human rights groups were no less outraged. Anthonal Mortimé, who directs the Platform of Haitian Human Rights Organistions (POHDH), called the judgement a “scandal” and vowed to seek its reversal by the attorney general who will review the case under Haitian law.

Duvalier, who inherited power from his more-notorious father, Francois “Papa Doc” Duvalier, was ousted from power in a popular uprising in 1986. He fled to France, where he lived undisturbed until his surprise return to Haiti one year ago when the Caribbean nation was still struggling to recover from the January 2010 earthquake that devastated the capital, Port-au-Prince, and much of the rest of the country. As many as 300,000 people are believed to have been killed.

Under the 29-year Duvalier dynasty, tens of thousands of Haitians are believed to have been killed, most of them by the dreaded Tonton Macoutes, the family’s personal militia. In addition to the killings that continued during “Baby Doc’s” rule, hundreds of political prisoners were held at any one time in a network of prisons, including the infamous Fort Dimanche in Port-au-Prince, where they died of neglect, torture and mistreatment.

Duvalier, now 60 years old, was initially ordered by the government to remain confined to his residence in the capital while prosecutors investigated charges that he embezzled as much as 800 million dollars and criminal complaints by victims and victims’ families of massive human rights abuses during his presidency.

After Martelly’s inauguration last May, however, Duvalier began travelling around the country, meeting with his old friends and followers. Last month, he spoke at commencement exercises at a law faculty in Gonaives.

On the second anniversary of the earthquake earlier this month, he attended the government’s memorial and even shook hands with former President Bill Clinton, who has played a key role in marshalling U.S. and international support for earthquake relief and reconstruction.

Since taking office last year, Martelly, who also has family ties to Duvalier, has made clear that he was committed to national reconciliation and had little interest in a trial that could provoke renewed divisiveness and instability. During a visit to Europe last week, for example, he suggested that he would pardon Duvalier if the case were pursued, although he subsequently backtracked.

“Inviting Jean-Claude Duvalier to take part in public official ceremonies clearly showed that the government wanted to rehabilitate him instead of holding him to account,” Amnesty’s Zuniga said.

“Given the influence of the executive branch on the judiciary in Haiti, we could expect such an outcome,” said Robert Fatton, a Haiti expert at the University of Virginia, about Tuesday’s ruling.

He also noted that the sons and daughters of many prominent Duvalierists are advising or serving in Martelly’s government.

“But to be absolutely fair, there are issues of stability,” he told IPS. “If there were a trial of Jean-Claude, all of the people opposed to (former President Jean-Bertrand) Aristide will call for a trial for him. You can see the situation really disintegrating.”

“At the same time, I can’t see any kind of reconciliation in Haiti without some sort of trial or truth commission,” he went on. “The idea you can just say it’s finished doesn’t do anything for reconciliation. It can only exacerbate tensions, because people say it’s impunity.”

Ironically, Tuesday’s ruling came less than two weeks after eight police officers, including high-ranking officials, were sentenced to up to 13 years of prison for the 2010 massacre of at least 20 detainees in Les Cayes in what was hailed as a major blow against impunity in Haiti.

In their reactions to the Duvalier ruling, human rights groups argued that international law superseded Haiti’s statute of limitations. They pointed to decisions of the Inter-American Court of Human Rights by whose judgements Haiti is legally bound.

The Court has held repeatedly that neither statutes of limitations nor amnesties can be applied to gross human rights violations under the American Convention on Human Rights.

“It is clear under international law that there is no statute of limitations for such crimes…,” Rupert Colville, a spokesman for the U.N. High Commissioner, told reporters in Geneva.

The State Department’s Westrate stressed that Washington believes that “a Haitian-led process consistent with Haitian law is the way forward for addressing Duvalier’s actions as president,” and she stressed that the victims “still have recourse at the appellate court and, if necessary, the Haitian supreme court.”

But Fatton was sceptical about Washington’s willingness to press the Martelly government to pursue the case.

“I think the U.S. would be perfectly fine with the status quo,” he said. “Its primary objective in Haiti now is to have a government that functions and that is stable. Anything that would potentially generate some sort of instability would not be welcomed,” he said.

Michael Shifter, president of the Inter-American Dialogue (IAD), agreed.

“The U.S. won’t risk antagonising the Martelli governmentt over this issue,” he said. “One of the big issues now is (Martelly’s proposal to) bring the army (which was abolished under Aristide) back. I think the U.S. is unhappy about that; in fact, the whole international community is unhappy about that, so Duvalier doesn’t seem like the highest priority.”

*Jim Lobe’s blog on U.S. foreign policy can be read at http://www.lobelog.com.

Laurent Lamothe received a surprise request, during his visit to France.

Pressure is on the Martelly government.

The clock is ticking.

Alain Juppé,  France’s Minister of Foreign and European Affairs of France has pressed Haiti’s Foreign Affairs Minister Laurent Lamothe for the extradition to France of both Rene Preval and Jean-Bertrand Aristide for questioning in the Amral Duclona affair.

Special focus in on Duclona’s assassination of the French Consul, a crime Duclona claims was ordered by Rene Preval and others.

Gang-leader Amaral Duclona escaped to the Dominican Republic as MINUSTAH teams moved to arrest him. Jude Celestin arranged for a Haitian passport in a false name. Celestin stayed in the home of Preval’s sister the night before his escape. He lived in the Dominican Republic, supported by cash sent via Western Union, from the palace.

He was arrested by a special team of Dominicans and MINUSTAH. Interrogated in the Dominican Republic, Duclona implicated Jean-Bertrand Aristide, Rene Preval, Jude Celestin – and dozens of others – in a criminal, murder campaign against the opposition.

Whenever Duclona was arrested, he simply called the palace and Preval would have him released. When in danger he simply ran to Preval’s home, or that of Preval’s sister, for safety.

The French have waited for justice.

They now want Aristide, Preval and others. If this is not possible – they have already filed documents requesting the right to interrogate Aristide and Preval – under oath – in Haiti.

The American government is reviewing its files covering the involvement of Aristide, Preval, Celestin and others in the cocaine traffic.

I suppose the old saying…YOU CAN RUN BUT YOU CANNOT HIDE… might fit the Aristide/Preval/Celestin situation of today.  They have been effectively frozen in Haiti so they can be picked off at leisure.

Son exécution par des hommes du Président Aristide a mis le feu au poudre. De ce meurtre, une rébellion populaire a été lancée jusqu’au renversement du régime d’Aristide/Lavalas le 29 février 2004.

Aujourd’hui, la presse haitienne amnésique n’en parle pas. Ses patrons de la bourgeoisie neoféodale étant en accord avec Jean-Bertrand Aristide pour défendre le statu quo ante et reconquérir des parts de marché menacées par l’ouverture de l’économie nationale, imposent le silence sur cette partie barbare de l’histoire. ]]> http://www.haitian-truth.org/le-17-decembre-2001-plusieurs-membres-du-parti-mouvement-chretien-pour-une-nouvelle-haiti-mochrena-base-dans-lartibonite-ont-ete-assassines-par-le-chef-de-gang-armee-carnibale-amiot-metayer/feed/ 0 http://www.haitian-truth.org/december-16-anniversary-of-1991-aristide-election-marked-by-rally-that-very-few-attended-even-as-duvalier-drew-thousands-in-gonaives/ http://www.haitian-truth.org/december-16-anniversary-of-1991-aristide-election-marked-by-rally-that-very-few-attended-even-as-duvalier-drew-thousands-in-gonaives/#comments Sun, 18 Dec 2011 08:55:02 +0000 ` http://www.haitian-truth.org/?p=21691 December 16, 1991

Dr. Maryse Narcisse, coordinator of the Executive Committee of Fanmi Lavalas was at a loss to explain why Aristide did not attend a rally to commemorate his electoral win in 1991.  The turn out was small with ex-Prime Minister Alexis in attendance.

As a contrast, Jean Claude Duvalier visited Gonaives to be mobbed by thousands of happy Haitians.

*Haiti Democracy Project*, 2011-10-17 

http://haitipolicy.org/content/4729.htm) 

International Secretariat 

Amnesty International 

London 

Greetings from the Haiti Democracy Project. We commend your report on Jean-Claude Duvalier, “You Cannot Kill the Truth,” and endorse your call for prosecution. We deplore the disruption of its presentation on September 23. 

We were wondering if you were planning a companion report on Jean-Bertrand Aristide, the other returning former president with plenty of political murders to account for. 

Sincerely, 

James Morrell 

Executive director

The supporters of former Haitian President Jean-Bertrand Aristide held last Friday in Belair, a rally to mark the 20th anniversary of the military coup of 1991 that overthrew the former Head of State during his first term.

While they were thousands of supporters to welcome the return after seven years of exile in South Africa, of their political leader last March, the rally of Friday was marked by a low mobilization, gathering just over 200 people.

Ansyto Félix, the Spokesman of the Commission of Mobilization of Fanmi Lavalas, declared on this occasion, that the coup of 1991 had marked “a break in the long struggle of Haitians for a more democratic society”

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COMMENT: HAITIAN-TRUTH.ORG

These people cannot accept the facts as facts.

They are still holding onto the lie that there were thousands, at the airport, to greet Aristide on his return to Haiti last January. I was there and counted a bunch of airport workers, who would be there with, or without Aristide. Added to this was a bunch of journalists, totally something like 50, perhaps sixty. And a few Aristide supporters – no more than a few dozen, much the same number as celebrated on September 29^th.

Cut the crap about MOBILIZATION – or lack of it for the poor turn out. Rene Momplaisir, King of the Popular Organizations, and the Aristide Foundation spent over $500,000 to pay demonstrators…..and they still could not get more than 200. In fact, one of our readers, who claims to have been there, counted 127 including the bands hired to attract people.

Even Anne Auguste has deserted Aristide, switching allegiance to Michel Martelly.

Aristide must be frightened now that certain groups take the low turn-out as a signal that they will not be bothered as they pursue Aristide’s arrest for the many murders he ordered during his presidencies. One of the first complaints will cover his assassination of Mireille Durocher-Bertin.

There are plans to drown Aristide with complaints to make him a permanent resident of the Parquet as he is forced into giving depositions.

There is a saying that “You can run but you cannot hide…” Aristide has no place to run. He is trapped in Haiti since no other nation will accept him.

Supporters of Haiti's former President Jean-Bertrand Aristide hold portraits of him during a rally marking the 20th anniversary of a military coup that ousted Aristide in 1991 in Port-au-Prince, Haiti, Friday Sept. 30, 2011. (AP Photo/Dieu Nalio Chery)

Thousands of supporters greeted Aristide upon his return earlier this year, but a crowd of only about 200 people showed up for the rally.

Supporters of former Haitian President Jean-Bertrand Aristide have held a rally marking the 20th anniversary of the military coup that toppled the two-time leader during his first term in office.

Ansyto Felix of Aristide’s Family Lavalas political party says the 1991 ouster of the populist leader was a rupture in Haiti’s long struggle for a more democratic society.

Friday’s rally is the first of its kind since Aristide returned to his homeland last March after a seven-year exile in South Africa. A rebellion in 2004 ousted the former Roman Catholic priest during his second term.

Thousands of supporters greeted Aristide upon his return earlier this year, but a crowd of only about 200 people showed up for the rally.

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COMMENT: HAITIAN-TRUTH.ORG

What happens if Aristide holds a party and no one comes?!!!!

Is the truth finally settling in?

In spite of over $1,000,000 spent by Aristide and the Aristide Foundation, efforts by Rene Momplaisir and others could not generate a crowd of more than 200 people, including the musical groups, paid to draw a crowd.

When Aristide returned there was about the same number of people at the airport, in spite of a week’s planning. Aristide media slaves wrote of “a movie star’s welcome….”" and…”tens of thousands of screaming supporters greeted him at the airport…”

There was no crowd. There was a group of about 100 airport workers, who would have been there any day….about 100 journalists and two dozen supporters, a group that did not include the leaders who probably didn’t want to be publicly identified with the airport fiasco.

Aristide has little to no real popularity.