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Haiti - Justice : Bouncing in the case Jean-Claude Duvalier
This decision of the Court of Appeal, expected since last June, breaks that pronounced in first instance by the investigating judge Jean Carvès, who had sent Mr. Duvalier to the correctional court.
Specifically, the Court of Appeal charge judge Durin Duret Junior, of the new investigations in this case and to this end, the latter will have to gather new information from complainants who have not been heard and interrogate former regime officials. Following this new investigation, the decision must be take to prosecute or not the former President Duvalier.
According to lawyers of Jean-Claude Duvalier, this decision involves two appeals filed, one against the order (decision) of investigating judge Carvès Jeanwhich recognized the inapplicability of the concept of crimes against humanity in Haiti and sent Jean-Claude Duvalier, to the correctional court, the other for concussion. They have already announced that they will carry the case to the Court of Cassation, which makes decisions without the possibility of appeal to challenge the final decision of the Court of Appeal.
For Me Mario Joseph, one of the plaintiffs' lawyers "This is a good decision taken by the court, based on international conventions and treaties signed by Haiti to say that the crimes committed by the regime are imprescriptible."
Mr. Gilles Rivard, Chargé d'Affaires of Canada in Haiti, welcomed this new phase in the judicial process "Canada is pleased that the Court of Appeal has finally issued its order, but much work remains to be done before justice is done." The Chargé d'affaires also recalled that "Canada strongly believes that Jean-Claude Duvalier must face justice for the umerous documented allegations of abuse that would have occurred during the fifteen years he was the head of Haitian state."
For her part, the Special Representative of the Secretary-General of the United Nations, Ms. Sandra Honoré declared "This landmark decision of the Port-au-Prince Appeals Court is a demonstration of independent judicial action to combat impunity, which is to be commended."
See also :
HL/ SL/ HaitiLibre