Haiti - The UN and human rights groups have condemned a Haitian court's
decision not to charge Jean-Claude "Baby Doc" Duvalier, the country
former dictator, over allegations of torture and murder.
Duvalier will face trial for corruption during his 15-year rule, but
not for human rights abuses, Carves Jean, the judge handling the case,
said on Monday.
"I did not find enough legal grounds to keep human rights charges and
crimes against humanity against him," he said. "Now my job is over. The
case is no longer in my hands."
The judge said that the decision, based on a year-long investigation,
must first be reviewed by the attorney general as well as by Duvalier
and the victims of his regime who filed complaints against the former
leader.
Rupert Colville, a spokesman for the UN's High Commissioner for Human
Rights, said Duvalier must be tried for "very serious human rights
violations" during his 15-year reign that were "extensively documented."
He said the UN is "extremely disappointed" by Investigative
Magistrate Carves Jean's decision Monday to recommend that the ruler
once known as "Baby Doc" face trial only on corruption charges.
Reed Brody, a counsel for Human Rights Watch, wrote in an e-mail:
"Those who were tortured under Duvalier, those whose loved ones were
killed or simply disappeared, deserve better than this."
Amnesty International researcher Gerardo Ducos said he was puzzled by
the judge's findings, saying the "investigation was a sham and its
conclusion a disgrace".
Critical testimony 'ignored'
Rights groups said the judge ignored critical testimony that would
have given weight to a prosecution of the once-feared ruler known as
"Baby Doc" for crimes that include torture, false imprisonment and
murder.
Mario Joseph, a lawyer whose Haitian-run firm is representing some of
the Duvalier regime's victims, said the judge "made so many errors"
that they had compromised his pre-trial investigation.
Duvalier's lawyer, Reynold Georges, had argued that all charges
should be dismissed, and he said he would appeal Jean's finding as soon
as he received the paperwork.
He said the former dictator would appeal any decision to put him on
trial for financial crimes, arguing that the supreme court had already
cleared him of such charges following a previous investigation.
Brian Concannon of the Institute for Justice and Democracy in Haiti
told Al Jazeera: "The arguments that Duvalier’s lawyers have been making
is that crime against humanity doesn’t apply because there is no such
thing as crime against humanity in Haitian legal code.
"But it is a pretty clear consensus that under international law the
statute limitations do not apply to crimes against humanity.
"But courts have looked at it in other countries, including
international courts that are binding on Haiti, and they have said, you
don’t need the words "crime against humanity,'" he said.
"Crime against humanity can be murder, it can be torture as long as
it fits certain requirements that fit here, and is clearly applicable to
Duvalier case."
'Outrageous decision'
Duvalier inherited power from his father, Francois 'Papa Doc'
Duvalier in 1971 and ruled Haiti for 15 years until his overthrow in
1986.
Under the father-and-son dictatorship, thousands of people were
murdered, or were tortured in jails, such as the dreaded Fort Dimanche
prison.
Duvalier, now 60, made a surprise return to his earthquake-stricken
homeland in January last year after nearly 25 years exiled in France,
opening himself up to possible prosecution.
More than 20 victims filed complaints shortly after Duvalier's
return, among them prominent Haitians such as Robert Duval, a former
footballer who said he was beaten and starved during his 17 months of
captivity in Fort Dimanche.
On Monday, Duval said he was stunned when he was notified about the judge's decision.
"I don't understand how he could've done that,'' Duval said by telephone. "If that's the case, that's an outrageous decision."
Haitian President Michel Martelly had given mixed signals about the
case, last week recanting a suggestion from a day earlier that he might
be open to a possible pardon for Duvalier, citing a need to end internal
strife that has long dogged the country.