At a thematic hearing on Haiti of the Inter-American Commission on Human Rights (IACHR) held this month in Bogotá, Colombia at the request of the Collective Against Impunity (Collective) and Lawyers Without Borders Canada (CBSA), the Collective and the CBSA conveyed to the Commission their concerns about the obstacles that hinder judicial proceedings, including crimes against humanity and financial crimes committed under the Duvalier regime. Note that Haiti was absent, having refused to respond to the invitation.

They point out that even though the Haitian State was the initiator of the prosecution in 2008, it abandoned the case. However, he it that the victims who lodged a complaint in 2011 against Jean-Claude Duvalier and other senior members of his regime (the consorts) for crimes against humanity held out. In a landmark decision on 20 February 2014, the Port-au-Prince Court of Appeal confirmed the application of international law on crimes against humanity under Haitian law, acknowledged that there is no delay in prosecuting such crimes and concluded that there was a strong indication that crimes against humanity had been committed under the Duvalier regime. The Court of Appeal accordingly ordered an additional inquiry into all the persons charged.

More than four years after this decision, the investigating judge has still not concluded the investigation.

The thematic audience on Haiti highlighted: The recurring dysfunctions of justice in Haiti and the impunity they induce; the lack of political will to fight against impunity and the shortcomings of the judicial system, which are manifested in particular by an inertia of actors and actresses to carry out investigations.

The Collective and the CBSA asked the Commission to urge the Haitian State to facilitate the investigation and prosecution of crimes under the Duvalier regime without hindrance and interference, and to ensure access to official records of human rights violations committed under this regime.

The Commission has undertaken, inter alia, to: give special attention to the situation in Haiti and consider a visit to the country; encourage the State to conduct legal proceedings concerning the crimes committed under the Duvalier regime and work with civil society and the State in order to consider the possibility of creating a Truth Commission in Haiti.

Despite the difficulties, the Collective intends to continue its commitment to respect human rights in Haiti. CBSA, which has been active in Haiti since 2005 and is a partner of the Collectif in the Duvalier case, hopes through its Access to Justice and Fight against Impunity project in Haiti to help improve access to justice for victims of human rights violations.

Lire aussi:

https://www.haitilibre.com/en/news-23875-haiti-flash-baby-doc-the-investigation-continues-criminals-not-prosecuted-report.html

https://www.haitilibre.com/en/news-22237-haiti-justice-opening-of-the-symposium-against-impunity-for-past-crimes.html

https://www.haitilibre.com/en/news-16782-haiti-justice-victims-of-duvalier-in-waiting.html

https://www.haitilibre.com/en/news-12207-haiti-duvalier-hrw-says-the-haitian-judicial-system-is-a-shame.html

HL/ HaitiLibre