Haiti: Dropping Jean-Claude Duvalier case ‘a disgrace’
Haiti’s judicial authorities have dealt yet another blow to the victims of former leader Jean-Claude Duvalier, Amnesty International said today after the criminal case against the former “president-for-life” for grave human rights violations was dropped.
An investigating judge in Port-au-Prince yesterday announced that Jean-Claude “Baby Doc” Duvalier will not stand trial for alleged crimes against humanity – including torture, disappearances and extrajudicial executions – but only for embezzlement of public funds committed during his rule between 1971 and 1986. The text of the judge’s decision has not been made public.
Jean-Claude Duvalier has been under investigation in Haiti since he returned from exile in France in January 2011, after a group of victims filed complaints accusing him of crimes against humanity as well as corruption and theft.
The victims can appeal the judge’s decision and Amnesty International has vowed to continue supporting their search for justice.
“The conclusion of the sham investigation into Duvalier is a disgrace and will further entrench impunity in Haiti. No serious effort was made to determine the truth despite the multiple complaints and abundant evidence about the crimes committed and the victims,” said Javier Zúñiga, Special Adviser at Amnesty International who researched the crimes of Jean-Claude Duvalier in the 1980s.
“The handful of victims that have been interviewed had been subjected to intimidation by Duvalier supporters and his lawyers. It is clear that the investigating judge left out invaluable evidence and decided not to interview all the victims that filed complaints. This is a dark day for Haiti and for justice.”
“Duvalier benefited from a safe haven in France for 25 years until he returned to Haiti, where the authorities have failed to hold him to account for the crimes under international law perpetrated by his subordinates while he was in power.”
In January 2011, Amnesty International submitted extensive documentation on the grave human rights violations committed under Duvalier, none of which was considered by the magistrate.
Under international law, torture, enforced disappearances, extrajudicial executions and arbitrary arrests are considered crimes against humanity when committed as part of a systematic or widespread attack against the civilian population.
No statute of limitations may apply to crimes against humanity and the alleged perpetrators cannot benefit from amnesties, even in the case of former heads of state.
Amnesty International has expressed concern that the current Haitian government lacks the will to bring Duvalier to justice.
“Recent public statements from President Martelly hinted at pardoning Duvalier. This could amount to unacceptable pressure and interference with the investigation. Inviting Jean-Claude Duvalier to take part in public official ceremonies clearly showed that the government wanted to rehabilitate Duvalier instead of holding him to account,” said Javier Zúñiga.
“Haiti has failed to live up to its international obligations to investigate all allegations of crimes against humanity and bring their perpetrators to justice. Victims have been awaiting justice for more than 25 years, and today’s decision is a major setback to them and all Haitians. But this is not the end of the road – we will continue to support the victims at the appeal stage and in international instances if necessary.”
Haitian authorities have dropped the case against former leader Jean-Claude Duvalier, who is accused of crimes against humanity during his rule.
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Sri Lanka: UN Must Act at Next Human Rights Council Session
(New York) – The United Nations Human Rights Council should address the lack of accountability for wartime abuses in Sri Lanka during its March 2012 session, Human Rights Watch said in a letter to Human Rights Council (HRC) member countries and
Philippines: Arrest Ex-General Accused of ‘Disappearances’
(New York) – Philippine President Benigno Aquino III should order the armed forces to cooperate with civilian authorities in arresting retired Maj. Gen. Jovito Palparan and others charged with the enforced disappearance of two activists in 2006, Human Rights Watch said today.
USA urged to clarify basis for drone killings in Pakistan
The USA must disclose details of the legal and factual basis for the lethal use of drones in Pakistan, Amnesty International said today, after US President Barack Obama confirmed that the unmanned aircraft are used to target suspected militants in the country’s tribal areas.
President Obama made the rare public acknowledgment on Monday during an hour-long online video chat with users of the social network Google+.
Amnesty International also called for the USA to monitor civilian casualties inflicted by drone attacks in Pakistan.
“The US authorities must give a detailed explanation of how these strikes are lawful and what is being done to monitor civilian casualties and ensure proper accountability, said Sam Zarifi Amnesty International’s Asia-Pacific director.
“What are the rules of engagement? What proper legal justification exists for these attacks? While the President’s confirmation of the use of drones in Pakistan is a welcome first step towards transparency, these and other questions need to be answered.”
President Obama said that the drone strikes, which are carried out by the CIA rather than the military, were a “targeted focused effort at people who are on a list of active terrorists”.
He asserted that the strikes targeted “al-Qaeda suspects who are up in very tough terrain along the border between Afghanistan and Pakistan,”
US drone attacks have doubled overall in Pakistan during the Obama administration. Thousands of people have been killed by the strikes – civilians as well as militants.
Because of the security situation and difficulty in accessing the terrain it has been impossible for organizations like Amnesty International to verify the number of civilian casualties caused by drones.
Available evidence shows that the number of strikes decreased during 2011.
In its June 2010 report As if Hell Fell on Me: The Human Rights Crisis in Northwest Pakistan, Amnesty International said the use of drones to target insurgents in northwest Pakistan had generated considerable resentment inside the country.
US Attorney General Eric Holder will reportedly reference US legal arguments in support of such killings by drone attacks in a speech on national security in the coming weeks.
Past justifications offered by US officials have invoked legal theories based on a “global war” between the USA and al-Qa’ida, a concept not recognized by international humanitarian or human rights law.
“The US administration must use the occasion of Attorney General Holder’s speech to disclose the relevant legal and factual documentation necessary for a meaningful assessment of the lawfulness of the deliberate killings it is carrying out – simply trying to find another way to say ‘trust us, it’s legal’ will not be good enough,” said Sam Zarifi.
Authorities urged to disclose details after US President Barack Obama confirms that the unmanned aircraft are used to target suspected militants.
Pakistan: ‘As if Hell fell on me’: The human rights crisis in northwest Pakistan (Report, 10 June 2010)
Pakistan: Human rights ignored in the “war on terror” (Report, 28 September 2006)
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Pakistan: Shahzad Commission Results Marred by Free Ride for ISI
(New York) – The Pakistani government should redouble efforts to find the killers of the journalist Saleem Shahzad, following the failure of the judicial inquiry commission to identify those responsible, Human Rights Watch said today.
US: Proposed Rules Would Save Child Farmworker Lives
(Washington, DC) – The US House Small Business Subcommittee on Agriculture, Energy and Trade is holding a hearing on February 2, 2012, on proposed rules to prevent child farmworkers from taking on the most dangerous tasks. The new rules are intended to make paid farm work safer for the hundreds of thousands of children in the United States who labor in agriculture.
Bahrain must release woman activist convicted for listening to ‘revolutionary’ music
The Bahraini authorities must release the first woman activist to be convicted over her involvement in last year’s pro-reform demonstrations, Amnesty International said today after a court rejected her appeal and upheld her prison sentence.
Fadhila Mubarak’s 18-month prison sentence for protesting and listening to “revolutionary” music was today upheld by the Court of Cassation in the capital, Manama.
“Fadhila Mubarak is a prisoner of conscience who was reportedly beaten and tortured in detention and then sentenced in an unfair trial before a military court on spurious charges for standing up for her rights,” said Hassiba Hadj-Sahraoui Deputy Director of Amnesty International’s Middle East and North Africa Progamme.
“The Bahraini authorities must release her immediately and unconditionally. Fadhila Mubarak’s sentence only serves to demonstrate the intolerance of the authorities and the failures of the justice system. They must also launch an independent investigation into allegations of torture against her and bring those responsible to justice.”
Fadhila Mubarak was arrested on 20 March 2011 when her car, which was also carrying her eight-year-old son and two other children, was stopped at a checkpoint close to Rifaa, south-west of Manama.
She was told she had been stopped for playing music calling for the overthrow of the regime, and was asked to turn the sound down.
She refused and asked the police officer for identification, before being forced out of the car, beaten on the head and arrested.
Fadhila Mubarak was taken to Rifaa police station. During interrogation she is said to have been repeatedly beaten all over her body by female policewomen. She was then taken to ‘Issa Town police station and beaten again.
The National Safety Court of First Instance, a military court, found Fadhila Mubarak guilty of several charges on 17 May 2011 and she was sentenced to four years in jail.
She faced spurious charges of taking part in an illegal gathering of more than five people; taking part in illegal protests at the GCC (Pearl) Roundabout in central Manama; possessing CDs and leaflets inciting hatred towards the regime and assaulting a policeman by pulling his shirt.
Fadhila Mubarak was denied access to a lawyer before, during her trial and after her initial sentence.
Some witnesses have told Amnesty International that Fadhila Mubarak was still being beaten on the bus while on her way to court.
Her lawyer saw her for the first time in court on the first day of her first appeal on 25 May 2011.
During this hearing, her lawyer requested a forensic examination and also called on the policeman who beat her at the checkpoint to testify. These requests were denied.
On 8 June 2011 after four appeal hearings, the military court of appeal reduced her sentenced to 18 months in prison.
Amnesty International only became aware of Fadhila Mubarak’s full story after other women inmates who were released on bail talked about her case.
Thousands of Bahrainis demonstrated against the government and called for more political reforms, freedom, democracy and social justice in February and March 2011. Their protests were brutally crushed in mid-March.
Dozens of peaceful protesters were killed as a result of excessive use of force by Bahrain security and military forces. Hundreds of people were arrested and many were tortured or otherwise ill-treated. Scores received lengthy prison terms after unfair trials before military courts.
A state of emergency was declared in mid-March, a day after Saudi troops were sent to Bahrain to help quell the protests. More than 4,000 people were dismissed from their jobs and more than 30 Shi’a prayer centres were demolished.
Fadhila Mubarak’s 18-month sentence for taking part in 2011’s pro-reform demonstrations and listening to ‘revolutionary’ music has been upheld.
Bahrain’s use of tear gas against protesters increasingly deadly (News, 26 January 2012)
Bahrain: Leading human rights activist describes riot police attack (News, 9 January 2012)
Bahrain student alleges torture in detention (News, 6 January 2012)
Bahrain must release activist dragged away from peaceful protest (News, 19 December 2011)
Bahrain: Critical report should spur human rights ‘turning point’ (News, 23 November 2011)
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Iran: New Arrests of Labor Activists
(New York) – Iranian authorities should immediately release dozens of labor and independent trade union activists imprisoned for speaking out peacefully in defense of workers, Human Rights Watch said today.
Ukraine: Stop Harassing Somali Asylum Seekers
(Moscow, February 1, 2012) – The Ukrainian authorities should immediately stop police harassment and threats against Somali asylum seekers held at the Zhuravychi Migrant Accommodation Centre, Human Rights Watch said today.
Senegal urged to stop clampdown on dissent as protesters shot dead
Senegal’s security forces must stop their violent clampdown on dissent, Amnesty International said today after two people were killed during protests in the city of Podor.
One young male protester and an elderly female bystander were shot dead by the gendarmerie, who opened fire on a crowd demonstrating against the Constitutional Council decision to uphold President Abdoulaye Wade’s right to stand for a third term in next month’s election.
“Today’s bloodshed marks a dramatic escalation in the violence that has plagued Senegal in the run up to its elections,” said Salvatore Saguès, Amnesty International’s West Africa researcher.
“As further protests are planned for tomorrow, we call on the authorities to refrain from using live bullets against peaceful protesters”.
Mamadou Sy, aged around 20, and Bana Ndiaye, aged around 60, were shot during protests in Podor, some 500 km north of Senegal’s capital Dakar.
An eyewitness told Amnesty International: “We were walking peacefully when suddenly security forces dressed in blue and belonging to the gendarmerie fired at the marchers with live bullets. People fell in front of me.”
Protests have rocked Senegal since its Constitutional Council ruled on Friday that current President Wade would be allowed to stand for a third term. Today the Council rejected an appeal by the opposition to overturn the decision.
Friday’s protests led to clashes between demonstrators and security forces in which one policeman was killed.
During the unrest, three journalists were beaten by the police. One was a correspondent for the French news agency Agence France Presse and the others were female journalists working for the Senegalese daily le Populaire.
One of the le Populaire journalists, Aminatou Ahane, told Amnesty International: “A policeman got out of his car and ran towards us. We shouted to him that we were journalists and we showed our press cards. He grabbed my colleague’s hair and slapped her in the face, then threw her to the ground. He also kicked me and threw me to the ground whilst insulting me. A policeman then came to rescue us.”
Amnesty International is also concerned by the detention of Alioune Tine, President of the African Rally for the Defence of Human Rights (Raddho) and national coordinator of the Movement June 23 (M23) that campaigns against President Wade’s third term.
“Alioune Tine has been in custody since Saturday 28 January and no one has seen him. He needs regular medical treatment and we fear that his detention conditions may endanger his health,” said Salvatore Saguès.
Another activist, singer Daddy Bibson, was abducted by unknown, plainclothed people early Saturday morning, a few hours after the first demonstrations. He was beaten and threatened.
Bibson says the men told him that rap singers could not decide the future of the country, before he was released about 10 hours later.
Bibson is one of the leaders of the M23 and recently published a compilation of songs against President Wade’s candidacy.
“Freedom of expression is under attack in Senegal at precisely the time when open dialogue is critical,” said Salvatore Saguès.
“All of these incidences must be properly investigated and the perpetrators brought to justice.”
“The Senegalese authorities and security forces must avoid using excessive use of force when dealing with protests,” said Salvatore Saguès.
“Such incidents may act as a deterrent and intimidate anyone else who may wish to voice legitimate criticism of the authorities in the run up to elections.”
One young male protester and an elderly female bystander were shot dead when the gendarmerie opened fire on a crowd.
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