Judge Carves Jean only charged Jean Claude Duvalier with embezzling public funds
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The suggestion angered many people, to an extent of a group of individuals camping in front of the Justice Ministry on 7th February 2012. The case against Jean Claude Duvalier has been marred with irregular change of prosecutors and unorthodox allegations. The ruling by Judge Carves Jean was met with a lot of resistance from activists who claim that President Martelly is responsible for the lax ruling. They maintain that Martelly has meddled in the case by failing to show commitment towards the prosecution and by appointing prosecutors who declined to interview witnesses. His administration is said to be infiltrated by officials from the dark Duvalier’s era. Exonerating himself from the claims, the president said that he would not interfere with the case because he respects the rule of law. He now acknowledges that he has no right to interfere with a case which is being handled by a self sufficient judiciary. This is in contrast to his earlier comments which clearly showed his solidarity with the embattled dictator. He had earlier said that such investigations should be thrown out through the window for they were likely to divide the ailing country.
Those opposed to the ruling of Judge Carves argue that when it comes to unacceptable acts against humanity the statute of limitation does not hold water. Haiti is a signatory to International conventions, which oblige it to do its duty in ensuring that justice prevails. Human rights activists and the United Nation have strongly opposed the ruling.
The Duvalier case has now progressed to the attorney general, who has given 10 days for aggrieved parties to appeal. It is expected that the defense lawyers and the prosecuting team will both appeal Judge Carves Jean ruling. The defense wants all charges to be dropped while the opponents want the former president tried in a higher court.
Jean Claude Duvalier rose to power when he was only 19 years old, after inheriting the throne from his brutal father. He reigned in power from 1971 to 1986 when he was rightfully overthrown. His 15 year rule, just like that of his predecessor, was marked by widespread animosity to his people with uncountable crimes against humanity being committed. Mad beatings, unwarranted arrests, unbearable torture, unlawful detentions and merciless killings marked his leadership. After he was overthrown, he fled to France where he stayed for 25 years, only to make a sudden and unexpected return sometimes last year. The then president, Rene Preval, instituted charges against him and he was placed under arrest. The case has taken a year.
