Jean-Claude Duvalier “Baby Doc” Prosecution
Jean-Claude “Baby Doc” Duvalier, one of the most notorious dictators of the 20th Century, served as the President of Haiti from 1971–1986, following the death of his father, François “Papa Doc” Duvalier. Gaining power at the age of 19, Jean-Claude Duvalier soon asserted control over the repressive regime created by his father. The Duvaliers used the official military and police forces, as well as the paramilitary Volontaires de la Sécurité Nationale (popularly known as the Tonton Macoutes), to violently assert their control with widespread impunity. While alleging his support for reforms and increased respect for human rights, Jean-Claude Duvalier’s regime continued to perpetrate systematic human rights abuses against Haitian citizens, including:
Curtailment of civil and political rights, including freedom of the press and political opposition; Arbitrary detention, exile, forced disappearances, torture, and extra-judicial killing of opponents of the regime; Abysmal prison conditions, where many citizens died without having been convicted of any crime; Widespread corruption, through which Duvalier misappropriated hundreds of millions dollars of public funds throughout his Presidency.
Exiled in 1986, Jean-Claude Duvalier returned to Haiti on January 16, 2011. He was soon charged with financial and political violence crimes. Haiti’s duty to effectively investigate and prosecute Duvalier for crimes of his administration is clearly established in domestic and international law:
Article 276(2) of Haiti’s Constitution domesticates all international legal commitments, meaning Haiti is bound to respect all international treaties to which it is party; Haiti is party to both the International Covenant on Civil and Political Rights and the American Convention on Human Rights. These treaties obligate Haiti to provide for the basic human rights of all persons within their jurisdiction, including an effective remedy for violations of such rights. According to the Inter-American Court of Human Rights has declared that under international legal principles, crimes against humanity and other serious human rights abuses are not subject to any statute of limitations. The Inter-American Commission on Human Rights has classified the systematic abuses of human rights under Duvalier as crimes against humanity.
Our Role in the Prosecution
To date, IJDH/BAI has completed significant work to support the prosecution of Jean-Claude Duvalier. IJDH/BAI filed extensive evidence concerning Duvalier’s political and financial crimes with Haiti’s national prosecutor and continues to assist individual civil plaintiffs to file complaints against Duvalier for human rights violations. In addition, IJDH/BAI supported the creation of a civil society organization, the Citizen’s Collective for Prosecuting Duvalier (known by its Creole acronym, KOSIJID), aimed at increasing public awareness of the case and its importance. IJDH/BAI staff attorneys and legal fellows are assisted in this work by a committed group of interns and pro bono assistance from the law firms of Ropes & Gray, Mintz Levin and Shearman & Sterling. With the assistance of these firms, IJDH/BAI has been able to submit draft questions to the Juge d’Instruction (see Figure 2) to him help navigate the complex history of the regime’s criminal activity when questioning Duvalier.
Overview of the Haitian Judicial System
A former French colony, Haiti’s judicial system is largely based on the civil law system used in France in the early 19th Century. Laws are codified in a series of legal codes, including the civil and criminal codes. Haiti’s Constitution also defines basic legal rights of all Haitian citizens and makes clear that any international treaties that Haiti chooses to ratify becomes binding in domestic tribunals as well.
The Minister of Justice holds primary responsibility for overseeing judicial matters in Haiti, as well as responsibility for the security and police forces. Please see Figure 1 for an overview of the Haitian court system, as defined in the 1987 Haitian Constitution.
In Haiti, individual civil complainants can join a case originally brought on criminal grounds by the Haitian government prosecutor. Therefore, once criminal charges have been filed, victims attach individual civil claims seeking redress for crimes against humanity onto the existing case, to be heard together.
Complaints are usually filed with the government prosecutor (Commissaire au Gouvernement) who may refer them to a Juge d’Instruction. After receiving a complaint, the Juge d’Instruction has three months to investigate the complaint and determine if there is sufficient basis for prosecution. Because this three month period restarts with each new complaint filed, the period for gathering evidence and investigation by the judge may be extended, such as in the case of Duvalier where additional individual complainants continue to file claims. As necessary, the Juge d’Instruction may also request an extension to this investigatory period. If the judge allows prosecution, the government prosecutor (and any individual legal representatives of civil complainants that have joined the case) may prepare and present their case before the appropriate court, see Figure 2. In the case of Duvalier, criminal charges have been filed and are currently before the Juge d’Instruction. IJDH/BAI and others are now continuing to prepare and submit the claims of individual civil complainants.
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By Jacqueline Charles, The Miami Herald Thu, Apr. 11, 2013 The unresolved demons in Michèle Montas’ life underscore how even the influential in Haiti can’t push the levers of a justice system that’s badly in need of reform. Forced into exile by the Duvalier dictatorship — only to return to Haiti, and be forced out again by an assassin’s bullet — Montas today finds herself at the center of two epic legal cases winding at snail-pace through the judicial system. In one courtroom, an investigative judge is trying to determine who ordered the assassination of her husband, agronomist-turned-famous journalist Jean Léopold Dominique and a guard in the courtyard of his Radio Haiti-Inter 13 years ago this month. In another, a three-judge appeals panel is determining whether former President-for-Life Jean-Claude “Baby Doc” Duvalier, 61, should stand trial on human rights abuses … Continue reading
Jane Regan and Milo Milfort, The Final Call March 19, 2013 PORT-AU-PRINCE (IPS)—For the first time ever, Haiti’s former dictator recently faced his accusers, answering questions about corruption and human rights abuses during his brutal 15-year regime (1971-1986). The court of appeals hearing was part of a process that will determine if he is to be indicted on rights abuses. “We think that this is a wonderful day for justice in Haiti,” rights attorney Nicole Phillips of the Washington-based Institute for Justice & Democracy in Haiti (IJDH), told IPS. “For the first time…and despite the efforts of his attorneys, Jean-Claude Duvalier came to court.” The ex-dictator showed up on Feb. 28 only after first disregarding three previous orders. The sweltering courtroom was packed with over a dozen victims of the regime and with local and foreign journalists, lawyers and representatives of … Continue reading
By Beverly Bell , Other Worlds March 15, 2013 Twenty-seven years later, the unimaginable has become real. Former dictator Jean-Claude “Baby Doc” Duvalier has been brought to trial for crimes against humanity. Will justice finally arrive for the hundreds of thousands who were murdered, tortured, imprisoned, beaten, savaged, and degraded by him and his father, François “Papa Doc” Duvalier? Camille Chalmers, director of the Haitian Platform for Alternative Development in Haiti (PAPDA), said in an interview, “Of course you can’t get a fair trial against Duvalier in this country. The political system and government we have can’t judge him. First, the culture of impunity is being reinforced as we speak. Second, Duvalier is the source of the government’s inspiration. To judge Duvalier is a bit like judging itself.” Yet the very fact of the trial is a legal as well as moral victory for … Continue reading
By EVENS SANON, Associated Press March 14, 2013 Testimony in the high-profile case of former Haitian dictator Jean-Claude Duvalier resumed Thursday, with another alleged victim describing abuses she says were committed under his rule. Dr. Nicole Magloire told an appellate court about the broad influence wielded by the former leader known as “Baby Doc,” and the alleged violations associated with his 15-year government. Duvalier “was declared supreme leader of all the armed forces in the country,” said Magloire, an opposition leader who fled into exile during that era. “He was in charge of the National Palace. He was in charge of the army. He was in charge of the country.” Magloire is the third person this month to testify about alleged abuses under Duvalier, a playboy strongman who inherited power from his father Francois “Papa Doc” Duvalier and ruled Haiti from … Continue reading
<Transcript of: March 7 2013 IJDH call on Duvalier with Staff Attorney Nicole Phillips> Min 0:00 – 4:59 Brian: [inaudible] …legitimacy in Haiti, they represent some of the victims who filed complaints of political violence and they appealed the dismissal of political violence crimes, and so what we’re now doing in the appeals court process that is deciding whether those political violence crimes were correctly tried and for people more familiar with the English and American legal systems this is a little strange because they’re actually taking victim testimony and defendant testimony at an appeals court hearing which you can do in the United States, but in this case the appeals court in Haiti have fairly broad powers, they can almost re-do the trials court’s work. It looks like that’s what the trial court’s doing is to, really look at … Continue reading