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<font size=2>January 11, 2012 <br>
<a href="http://www.counterpunch.org/2012/01/11/prosecuting-duvalier/" eudora="autourl">
http://www.counterpunch.org/2012/01/11/prosecuting-duvalier/<br><br>
</a>U.S. and Latin America Should Support Prosecution of Haiti’s
"President-for-Life"<br><br>
</font><h1><b>Prosecuting Duvalier</b></h1><font size=2>by JEENA
SHAH<br><br>
</font>
<dl>
<dd>Nunca Mas. Never again.<br><br>
</i>
</dl><font size=3>From Argentina to Guatemala, nunca más served as the
clarion call for justice for the victims of the mass atrocities and
systemic political repression that plagued Latin America and the
Caribbean for decades. On January 16, 2011, the hope that the call would
someday be universally heeded rose again when one of the last century’s
most notorious despots, Jean-Claude Duvalier, returned to Haiti after 25
years in exile.<br><br>
Also known as “Baby Doc”, Duvalier terrorized Haiti from 1971 to 1986,
picking up where his father François “Papa Doc” Duvalier had left off.
Duvalier’s army and the dreaded Tonton Macoutes death squad
systematically beat, imprisoned, tortured, and killed the regime’s
political opponents. Nearly 50,000 Haitians were killed under the
combined reign of father and son. Duvalier and his profligate wife,
Michèle Bennett, looted hundreds of millions of dollars while the Haitian
people starved, forcing Haiti to become dependent on foreign
aid.<br><br>
As the target of several government investigations and prosecutions,
Duvalier was immediately arrested upon his return and charged with both
financial and political crimes. Human rights groups presented extensive
evidence of his regime’s abuses to the Haitian government. A United
States federal court had found Duvalier liable in 1988 for over a half a
billion dollars for stealing public funds, and a partial forensic
investigation of Duvalier’s corruption, conducted by American law firm
Stroock & Stroock & Lavan at the behest of the Haitian
government, established the theft of over $300 million. Following their
investigation, Stroock concluded that the Duvaliers had “behaved as if
Haiti was their feudal kingdom and the coffers and revenues of the state
their private property.” Boxes of documents establishing Duvalier’s
criminal liability sat waiting for more than two decades in offices in
Haiti and the United States.<br><br>
Legal documentation was supplemented by an extensive public record of
Duvalier’s human rights violations, maintained by watch groups like
Amnesty International. As “President-for-Life”, Duvalier’s repertoire
included the torture and disappearances of political dissidents at the
infamous Fort Dimanche prison and other crimes committed by the Armed
Forces of Haiti and the Tonton Macoutes acting under Duvalier’s control.
While still in the seat of power, Duvalier was taken to task for his
regime’s abuses through visits, investigations and communications of the
Inter-American Commission on Human Rights, U.S. government officials, and
rights watch groups. By pardoning select political prisoners following
sporadic condemnation by international actors, Duvalier could not deny
continuing his father’s legacy of political repression.<br><br>
But as the victims of Chile’s Pinochet and other dictators of the 1970s
and 1980s have found, facts are often not enough on the road to
justice.<br><br>
After highly flawed elections, right-wing candidate Michel Martelly
became Haiti’s newest President this past May. President Martelly’s
statements calling for amnesty for Duvalier, his historical (and current)
ties with Duvalier loyalists, and his failed nomination for Prime
Minister of Bernard Gousse–who has publicly argued against prosecuting
Duvalier and as Haiti’s former justice minister directed political
persecution under the 2004-2006 dictatorial “Interim Government”– signal
the lack of political will to bring Duvalier to justice.<br><br>
Duvalier’s lawyers have used Haiti’s airwaves to inaccurately assert that
his prosecution is time-barred. Under Haitian criminal law, the
proceedings for Duvalier’s financial crimes can advance because of the
ongoing prosecution of the case from 1986 to 2008. And political
killings, disappearances, and torture constitute grave human rights
abuses and crimes against humanity, none of which are extinguishable
under the American Convention on Human Rights.<br><br>
Offering support for Duvalier’s prosecution, the UN High Commissioner of
Human Rights Navanethem Pillay affirmed, “Haiti has an obligation to
investigate the well-documented serious human rights violations that
occurred during the rule of Mr. Duvalier, and to prosecute those
responsible for them.” Similarly, the Inter-American Commission on Human
Rights reminded the Haitian government of its duty to investigate and
prosecute Duvalier’s crimes in a statement it released in May
2011.<br><br>
Despite such compelling facts and law, foreign powers like the United
States and Haiti’s former colonizer, France, have been silent. More than
that, the U.S. State Department has yet to declassify files documenting
Duvalier’s knowledge of his regime’s abuses, which could prove integral
to establishing his criminal liability at trial. While it was comfortable
playing a decisive role in Haiti’s recent elections by forcing the
electoral council to reverse the first round results, the State
Department declined to even remind Haiti of its obligation under
international law to prosecute Duvalier, calling justice for Duvalier “a
matter for the people of Haiti.” However, former U.S. Congressman Bob
Barr’s assistance to Duvalier is seen as a signal of support from the
U.S. Intelligence Community, which has supported impunity for right-wing
dictators in Latin America and the Caribbean for decades.<br><br>
Some in the international aid community mistakenly believe that the
Duvalier prosecution would detract from Haiti’s reconstruction efforts
following its devastating earthquake of January 12, 2010. To the
contrary, Duvalier’s prosecution would strengthen respect for rule of law
by those overseeing Haiti’s reconstruction. Prosecution would serve as an
impetus to much-needed investment in the Haitian judicial system, which
could build a stronger system that deters political violence and
financial crimes while providing an effective venue for victims of human
rights violations and the business community alike to enforce their
rights.<br><br>
Countries that have contributed troops to the Brazilian-led UN
peacekeeping operation in Haiti, MINUSTAH, have done so ostensibly with
the intention of providing stability to the country and, following the
earthquake, assisting in humanitarian relief. (In Latin America, these
countries include Argentina, Bolivia, Brazil, Chile, Ecuador, Guatemala,
Paraguay, Peru, and Uruguay.) The calls amongst Haitian civil society
have been loud and clear that MINUSTAH serves as a threat to Haiti’s
sovereignty and must be held accountable for its spread of cholera and
widespread sexual abuse of Haitian women and children.<br><br>
The more effective way for the MINUSTAH-contributing countries of Latin
America to help Haiti would be to provide the support it needs to hold
accountable those who flagrantly and violently abuse power at the great
expense of the Haitian population. Haiti’s true allies should call on the
Martelly administration to ensure fair and effective prosecution of
Duvalier for his crimes, and Latin American governments that have
prosecuted crimes by dictators from this same era should provide
technical support to the Haitian judiciary.<br><br>
Uruguayan writer Eduardo Galeano recently observed how Latin America
remains indebted to Haiti to this day for opening “the doors of freedom”
for the region by launching the world’s first successful black slave
revolution. What better way to help repay the great debt owed to Haiti
than to heed the call for <i>nunca más?<br><br>
<b>Jeena Shah</b>, a human rights lawyer, was a 2010-2011 Lawyers
Earthquake Response Fellow with the Bureau des Avocats Internationaux in
Haiti, where she worked on the case against Jean-Claude Duvalier. She is
a contributor to the Americas Program.<br><br>
<br><br>
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