"April 2011"--Table of contents page. "This report was written by Amanda M. Klasing, fellow in the Women's Rights Division of Human Rights Watch and Reed Brody, counsel and spokesperson in Brussels for Human Rights Watch, based on archival research and research in Haiti in February and March 2011"--Acknowledgments. Includes bibliographical references.
Contents:
I. Summary and Recommendations -- Human Rights Abuses under Jean-Claude Duvalier -- The Proceedings against Duvalier -- Theories of Duvalier's Liability -- Haiti's Obligation to Investigate and Punish Duvalier's Alleged Crimes -- Institutional Challenges Facing the Prosecution -- Recommendations -- To the Government of Haiti -- To Haitian Judicial Authorities -- To the International Community and Donor States -- Note on Methodology -- II. Human Rights Abuses under Jean-Claude Duvalier -- a) Political Prisoners and the Triangle of Death -- b) "Disappearances" and Political Killings -- c) Torture -- d) Repression of the Press and Political Dissent -- November 28, 1980: Duvalier and the Arrest, Torture, and Expulsion of Journalists and Activists -- e) The Need to Investigate Sexual and Gender--Based Violence -- III. The Proceedings against Duvalier -- IV. Theories of Duvalier's Liability -- a) Investigating Duvalier as an Accomplice to Crimes Committed by His Government -- b) Investigating Duvalier for Crimes Committed under His Command Responsibility -- 1. The Superior-Subordinate Relationship -- 2. The Superior's Knowledge -- Superior Duty to Take Necessary and Reasonable Measures to Prevent the Crime and to Punish the Perpetrator -- V. Haiti has a Duty to Investigate and Punish Duvalier's Alleged Crimes -- a) Haiti's International Obligation to Investigate Serious Violations of Human Rights or Crimes against Humanity Prevails over Any Statute of Limitations -- b) The Continuous Nature of "Disappearances" and False Imprisonment Prevent Prescription -- VI. Institutional Challenges Facing the Prosecution -- a) Weak Capacity Can be Bolstered by International Support -- b) Limited Resources can be Used Efficiently -- c) Lack of Technical Expertise Can be Addressed with Expert Support -- d) A Safer Political Environment Can be Created Through Political Support -- VII. Conclusion -- Acknowledgments.
Summary:
"On January 16, 2011, former president-for-life of Haiti, Jean-Claude "Baby Doc" Duvalier, returned to Haiti after nearly 25 years in exile. The government of Haiti responded by re-opening a 2008 investigation into alleged financial crimes, and several victims of serious human rights violations under the Duvalier regime also came forward and filed complaints with the prosecutor. The investigation into Duvalier's alleged financial and human rights crimes is currently underway. Haiti's Rendez-Vous with History provides an overview of human rights violations under Duvalier, details the current status of the proceedings against him, including obstacles to a successful prosecution, and analyzes applicable Haitian and international law. We conclude that investigation and prosecution of the grave violations of human rights under Duvalier's rule is required by Haiti's obligations under international law. While there are still obstacles to overcome, the case presents an historic opportunity for Haiti. Successful prosecution of Duvalier is important not only for Duvalier's many victims, but also for Haiti's struggling judicial system and for Haitian society more broadly. Bringing Duvalier to justice and giving him a fair trial could help restore Haitians' faith in the justice system and the rule of law. A prosecution could also act as a deterrent to other leaders, both in Haiti and elsewhere, demonstrating that they can be held accountable for serious violations of human rights. The challenges to fair and transparent prosecution of Duvalier are enormous but not insurmountable. The success of the case will depend on the political will of the government of Haiti to uphold its obligations under international law and rigorously pursue what could be the most important criminal case in its history, and on the willingness of the international community to provide essential support now and as the case develops"--P. [4] of cover.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.