By: Anna Malinovskaya

Former Haitian dictator Jean-Claude Duvalier, accused by Human Rights Watch of gross violations of human rights, will probably not be held accountable for the atrocities.

On January 30, the investigative judge did not find him guilty of assassination, torture, or extreme corruption under his governance.

The judge decided that the statute of limitations can prevent the trial, which contradicts the position of the Inter-American Court of Human Rights, by whose judgments Haiti is legally bound.

Duvalier will, however, be tried for misappropriation of public funds.

Duvalier came to power in 1971 when he was only 19, after the death of his father Francois Duvalier. He ruled the country till 1986 and then was cast out in an uprising.

After 25 years in exile, he came back to Haiti and was charged with financial and human rights violations within days of his return.

In April 2011, Human Rights Watch released a report “Haiti’s Rendezvous With History: The Case of Jean-ClaudeDuvalier,” (http://www.hrw.org/sites/default/files/reports/haiti0411Web.pdf) examining human rights abuses under Jean-Claude Duvalier and the ex-dictator’s liability.

It states that hundreds of political prisoners were held in a network of three prisons known as the “triangle of death,” and died from maltreatment. It also says that political prisoners often faced interrogation and savage torture.

Moreover, the reports affirms that freedoms of association, assembly, and expression were severely restricted; the government repeatedly closed independent newspapers and radio stations; journalists were beaten, jailed and forced to leave the country.

Human Rights Watch concludes that “Under international law, which is binding on Haiti and has been incorporated into Haitian law. Haiti has a duty to investigate and punish perpetrators of serious human rights abuses,” and that “crimes committed as part of systematic or generalized attacks against civilian populations constitute crimes against humanity.”

The victims’ lawyers are expected to appeal the judge’s ruling.

Reed Brody, special counsel for Human Rights Watch, who has worked with the victims in the case, said that if they exhaust their appeal options in the Haitian system, they could take the Haitian state to the Inter-American Court of Human Rights.

Brody said, “This ruling is another reminder that Haiti’s justice system has almost always been on the side of the powerful, no matter how gruesome or destructive their crimes, – he added. – We hope that it will be overturned on appeal.”

Sources: http://www.reuters.com/article/2012/01/30/us-haiti-duvalier-idUSTRE80T13020120130

DRAFTED BY: Ashly Bloxon

GUATEMALA.— A Guatemalan court has sentenced four former soldiers to more than 6,000 years each in prison for their role in the massacre of over 200 men, women and children of the village Dos Erres, during the country’s violent civil war.

They are the first former soldiers to be convicted for human-rights abuses in Guatemala.

The length of the sentences is largely symbolic since under Guatemalan law the maximum time a convict can serve is 50 years. The sentences for Manuel Pop Sun, Reyes Collin Gualip and Daniel Martinez include thirty years for each death, plus an additional thirty years for crimes against humanity.

The trial was one of Guatemala’s first against dictatorship-era soldiers. Family members and activists hope it will set a new precedent for future legal action.

Aura Elena Farfan, director of the Association for Relatives of the Detained-Disappeared, said, “This sentence we heard today is only the beginning.”

Carlos Antonio Carias Lopez, Reyes Collin Guali, Daniel Martinez Mendez and Manuel Pop Sun were convicted of crimes against humanity for their role in 201 of the killings that occurred during the massacre at the village of Dos Erres in 1982.

The four accused were members of a special unit of the Guatemalan military, the Kaibiles. Over a period of three days, the Kaibiles interrogated and then brutally killed villagers, including children, women and the elderly. Until now, no one had stood trial for the massacre.

In the 1990s the remains of 171 villagers were recovered from a well in the community, nearly 67 children under the age of 12 were among the dead.

The United Nations documented a total of nearly 669 massacres in Guatemala during the nation’s 36-year civil war, which ended in 1996.

More than 20 witnesses testified during the trial, including villagers, survivors and former members of the military.

Throughout the trial survivors described what they witnessed during the massacre at Dos Erres, several villagers testified about the disappearance of their family members.

The men reportedly raped and killed women and girls, and banished hundreds of people from the community, according to the filings. The officers shot and bludgeoned many of the villagers to death. Witnesses testified that the villagers were tortured and robbed by the soldiers as part of an effort to eliminate communities supporting insurgent groups.

Just outside the court, survivors of the massacre cheered and cried when the sentences were announced, spelling the word “justice” on the ground with the rose petals.

“We waited many years for justice,” said survivor Raul de Jesus Gomez.

Local police deemed it one of the most devastating mass murders in over a decade. David Gonzalez national security policeman stated, “This is the worst massacre we have seen in modern times”.

Police say the  killings could possibly be linked to the murder of 56-year-old Haroldo Waldemar Leon, brother of suspected drug trafficker Juan Jose Leon, who was gunned down in a rural area of northern Guatemala.

Guatemala’s northern border is an very active drug transportation point for cocaine moving north, mainly to the US from South America.

In February, the government lifted a two-month-long state of siege declared in Alta Verapaz province, during which security forces were sent to subdue and investigate drug-related violence.

The state of siege gave the army permission to detain suspects without warrants, this resulted in the arrest of at least 20 suspected members of the Zetas gang.

The Zetas are a group of ex-soldiers who began as hit men for Mexico’s drug cartel before breaking off to form their own faction. They quickly become one of Mexico’s most notorious gangs extending violence all the way to South America .

CABANAS, El Salvador.– Amnesty International has issued several Urgent Action with regards to human rights defenders and media journalists in the Cabanas department of El Salvador between 2009 and 2011.

Pablo Ayala and Manuel Navarrte are journalists at Radio Victoria, a community radio station that reports on social and human rights.

On April 30, 2011 at 4a.m. Pablo Ayala (who had spent the night in the office due to rain) discovered a letter had been delivered to the office. The letter contained death threats to both himself and Manuel Navarrte, stating that the journalists had three days to leave the area or they would suffer the consequences. The letter stated “Those rubbish news bulletins [where] you broadcast only negative criticism [...] you don’t know what is waiting for you, we have photos and video of you”( “Esa porqueria del noticiero que asen [sic] solo de criticas destrutivas [...] no saben los que les espera les tenemos en fotos y videos“), the author said the threat came from a death squad (“grupo de extermino“).

On May 2, 2011 at 20:00 Pablo received to text messages signed by the “death squad” sent via internet to his mobile phone. One of the messages stated “from Wednesday onwards if you are at the radio station you will regret it. You have made us lose our patience, let’s see what it will take you to stop talking” (“del miercoles para alla si estas en la radio te lamentaras ya nos rompieron la placencia vamos a ver que ganas tu por que no paras de hablar“).

News producer at Radio Victoria, Marixela Ramos received two text messages on the same day at around 20:00. One of the messages read, “Look fool, we already know where you live [...] stop that news bulletin you are the coordinator you also have a daugther” (“Mira mage ya sabemos donde vives [...] ponle paro a ese noticiero tu que eres la coordinadora tu tambien tienes a tu hija“).

On May 4, 2011 the staff of Radio Victoria held a press conference in San Salvador regarding the threatening messages they had received. Just a few hours later both Pablo Ayala and Marixela Ramos received two text messages threats. One of messages Pablo Ayala received read ” Today you should have left like we ordered you, if you haven’t done so it is not a problem we will finish our work” (“Hoy diviste aver salido como te lo ordenamos si no lo as echo no es problema nosotros terminaremos nuetro trabajo“).

The Inter-American Commission on Human Rights has deemed the threat to Radio Victoria to be very great and has issued Precautionary Measures which requires the state of El Salvador to ensure the staff’s safety.

Amnesty International has issued an Urgent Action on behalf of the Radio Victoria staff. They call on the public to send appeals immediately to urge authorities to protect the staff and for an “independent, thorough and impartial investigation” into the death threats, with the results made available to the public and bring those responsible to justice.

SEND APPEALS TO:

Attorney General
Romeo Benjamín Barahona Meléndez
Fiscalía General de la República
Final 4ª Calle Oriente y 19ª Av. Sur,
Residencial Primavera, Santa Tecla,
La Libertad, San Salvador,
EL SALVADOR
Fax:  011 503 2523 7421
Salutation: Estimado Sr. Fiscal/Dear Attorney General

Head of National Police
Carlos Antonio Ascencio Giron
6ta. Calle Oriente entre 8va y 10ma Ave. Sur # 42
Barrio La Vega, San Salvador,
EL SALVADOR
Fax:  011 503 2527 1145
Salutation: Estimado Sr. Comisionado/ Dear Commissioner

WRITTEN BY: Ashly Bloxon

PORT-AU-PRINCE, Haiti– Several human rights groups have urged the arrest and trial of former dictator Jean- Claude “Baby Doc” Duvalier. Amnesty International issued a statement praising what it called “the arrest” of Duvalier but said it was just a start.

“If true justice is to be done in Haiti, the Haitian authorities need to open a criminal investigation into Duvalier’s responsibility for the multitude of human rights abuses that were committed under his rule including torture, arbitrary detentions, rape, enforced disappearances and extrajudicial executions,” the group said.

Human Rights Watch issued a report urging the international community to send temporary legal staff to assist the Haitian government in the compilation of  information through the release of diplomatic cables and other evidence.

The recently return of Duvalier to Haiti after 25 years of exile has triggered a widespread call for the investigation of numerous offences committed by Duvalier under his regime.

Duvalier claims to have returned to the country to help in the reconstruction effort after the devastating earthquake of the past year that killed nearly 350,oo people. Duvalier is said to have stated he was well prepared to face “persecution” according to Aljazeera English.

Outgoing president Rene Preval said that Duvalier had every right to return to Haiti from exile but he must now face investigation for his past offences which range form corruption and embezzlement to torture and crimes against humanity.

A judge will decide if there is enough evidence for Duvalier to go to trial. The judge has already questioned the fromer dictator in an hour long closed door court session.

The decision to move towards a trial demonstrates the government’s  readiness to seek justice for the brutalities committed during his 15 year regime. Several hundred supporters stood outside the court burning tires, chanting slogans and calling for the arrest of former president Rene Preval. However, widespread support for the ex-dictaotr is virtually non-existent. Demonstrations on his behalf have been particularly small.

Haiti’s system does allow for pretrial detention but none such measure have been taken, Duvalier has been allowed to remain free.

Duvalier came to  power in 1971 at age 19 following the death of his father, Francois ‘Papa Doc’ Duvalier. Together father and son are claimed to have ruled over the most brutal period in Haiti’s history.

A secret police force, the Tonton Macoute was known to have  tortured and killed numerous “so-called” subversives.

Many Haitians were executed and died at Fort Dimanche, a fortress prison, during the Duvalier dictatorships from 1957-1986.

Amnesty International gave Haitian authorities over 100 documents that it says has details on cases of detention without trial, systematic torture, disappearances and extrajudicial killings that took place during the time period Duvalier was president.

In a number of cases there is evidence that they acted under the direct order of Duvalier the report states.

Some say a  fair trial for the former dictator could help Haiti move forward and mark a break in the cycle of impunity that is charactertistic of Haiti’s past.