Haiti Refuses to Try Duvalier for Human Rights Abuses

Haiti Refuses to Try Duvalier for Human Rights Abuses

By Brittney Hodnik
Impunity Watch Reporter, North America

PORT-AU-PRINCE, Haiti – Former president-dictator, Jean-Claude Duvalier (a.k.a. “Baby Doc”) returned to Haiti last year after twenty-five years of exile in France.  Amid allegations of embezzlement and serious human rights abuses, it seems Duvalier will go untouched.  The investigative magistrate overseeing the case ruled that he would not face any charges relating to the human rights abuses that occurred during his regime.

Jean-Claude Duvalier faces only corruption charges, avoiding human rights abuses for now. (Image courtesy of CNN)

According to the Associated Press, Duvalier assumed the presidency when he was 19, taking over for his father (“Papa Doc”) who had an even crueler reputation.  Duvalier fled Haiti in 1985, spending 25 years in France before suddenly returning to Haiti to face charges.  Duvalier is supposed to be under house arrest, but, according to The Montreal Gazette, he roams freely throughout the country.

Both Human Rights Watch (HRW) and Amnesty International have documented systematic violations under Duvalier’s rule, according to CNN.  He stands accused of imprisoning and torturing Haitian journalists and opposition forces.  Javier Zuniga, a special adviser at Amnesty International said, “The cases of human rights abuses we documented in Haiti are likely to be only a small proportion of what really happened during Duvalier’s rule,” reports CNN.

After a yearlong investigation, Judge Carves Jean ruled that Duvalier would only face trial on corruption charges, as reported by CNN.  Jean suggests that the statute of limitations has run out on those abuses.

Along with HRW and Amnesty, the United Nations spoke out against Haiti’s decision not to prosecute.  “The High Commissioner has consistently reminded Haiti of its absolute obligation to investigate these well-documented serious human rights violations and to prosecute those responsible for them,” said Rupert Colville, the Commissioner’s spokesperson.

The Montreal Gazette reports Canada’s surprise that the decision did not generate more outrage.  Reportedly, the United States, France and other Caribbean nations remained silent on the decision while Canada urged Haitian authorities to reconsider the decision.  According to The Montreal Gazette, young people in Haiti are never taught about this infamous regime, and those old enough fear speaking out.

The earthquake in Haiti still overshadows many of the governmental problems the country is facing.  Many would like to see countries such as the United States condition further funding on the definite prosecution of Duvalier.  Canada’s Foreign Affairs Minister, John Baird reiterated its stance in support of Duvalier’s prosecution for all human rights abuses, according to The Montreal Gazette.  “It is the Haitian government’s responsibility to provide justice to its people and due process, including fair trials, for those accused of crimes,” he said.

Still others are concerned by the fact that current President Michel Martelly employs many of Duvalier’s former cronies.  The Montreal Gazette reports that Duvalier’s son too is among those serving under the new president.  Brian Concannon from the Institute for Justice and Democracy in Haiti said, “Obviously, leaving something up to a corrupt, elitist, right-wing justice system is not going to bring justice for the Duvalier’s victims.”

According to the UN News Centre, Colville said that impunity for such serious crimes cannot be allowed to prevail.  Human rights groups will continue to fight to bring Duvalier to justice for his heinous human rights violence.

For more information, please visit:

Associated Press — Haiti Leader Says he Won’t Meddle in Duvalier Case — 3 Feb. 2012

The Montreal Gazette — Frustration Follows Duvalier Ruling — 3 Feb. 2012

CNN — Human Rights Groups Denounce Duvalier Decision — 1 Feb. 2012

UN News Centre — Former Haitian Leader Must Face Charges for Human Rights Abuses, Says UN — 31 Jan. 2012

War Crimes Complaint Against Serb Army Chief Dismissed

By Terance Walsh
Impunity Watch Reporter, Europe

BELGRADE, Serbia — Serbia’s war crimes prosecutor decided not to take up a complaint against newly appointed Serbian Armed Forces Chief of Staff, Ljubisa Dikovic.  The prosecutor, Vladimir Vukcevic, determined there was no basis to proceed against Dikovic for alleged crimes that occurred during the Kosovo war in 1998 and 1999.

Ljubisa Dikovic, whose war crimes complaint was dismissed (Photo courtesy of RFE/RL)

The Humanitarian Law Center, the group that brought the complaint, alleged “numerous grave and massive” offenses that occurred in the region of Kosovo that was under Dikovic’s command.  The HLC cited such specific offenses as rape, execution of citizens, and looting.

Natasa Kandic, Humanitarian Law Center, president, declared, “An officer like Ljubisa Dikovic is not suitable to head the army.”

Dikovic was commander of the 37th Motorized Brigade of the Yugoslavian Army.  His brigade was deployed in the Drenica region, where many war crimes alleged against Serbian paramilitary and police took place.  One incident alleged was the massacre of 130 Kosovo Albanian men in March 1999 near the city of Izbica.  This massacre was cited in the indictment against former Yugoslav President Slobodan Milosevic.

Evidence for the HLC’s claim is derived from Dikovic’s testimony at the International Criminal Tribunal for the Former Yugoslavia.  In his testimony, Dikovic described “terrible crimes happening.”

“First of all, we have Izbica: Dikovic’s testimony as defense witness before the ICTY is pretty clear. Not once did he deny his units were in Izbica. He said they had contact with civilians,” Kandic said.  “In other discussions, based on prosecution questions, he said that the army — his units actually — entered Izbica village. But then he said they only wanted to stop the shooting and get the civilians out.”

Dikovic’s appointment raises concerns Serbia’s relations with its neighboring countries.  Jelena Milic, director of the Belgrade Center for Euro-Atlantic studies said, “The Dikovic appointment will seriously affect regional cooperation, especially when we have in mind the current situation in North Kosovo, since we cannot rebuild trust if we have a leading man in the army with a dubious past.”

The HLC’s complaint claims that Dikovic should have prevented those crimes and even admitted that soldiers under his command committed the crimes.

Dikovic and other Serbian government officials have denied the claims out of hand.  Defense Minister Dragan Sutanovac has dubbed the allegations and vouched for their falsity.  “We are absolutely at ease; the allegations are false,” he added.

“Lieutenant General Dikovic is truly inappropriately — and in some instances truly monstrously — accused for crimes he allegedly participated in by approving them or ignoring them,” Sutanovic says. “I must say that before Dikovic was appointed, we conducted all background checks in regards to his past. And [this week] we checked all claims made in this report. So I can say it is completely false.”

In response to the allegations, Dutanovic says that Serbian officials will take action against the HLC for its libelous complaint.

About 10,000 people died during the Kosovo War.  Serbia’s harsh response to an ethnic Albanian uprising prompted NATO to intervene and bomb the country until they left Kosovo.   Kosovo declared its independence from Serbia in 2008.  Belgrade does not recognize Kosovo as a independent country.

For more information please see:

RFE/RL — Belgrade Dismisses War Crimes Claims Against Army Chief — 25 January 2012

Balkan Insight — NGOs Question Serbian Army Chief’s Wartime Past — 24 January 2012

Denver Post — Rights Group Accuses Serb Army Chief Of War Crimes — 24 January 2012

RFE/RL — Rights Group Accuses Serb Army Chief Of War Crimes — 24 January 2012

Update: U.N. Declares End of Famine Conditions in Somalia

By Zach Waksman
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – Following a strong harvest and an upswing in aid, the United Nations announced that the famine that had plagued Somalia since July was over on Friday.  Though this is good news for a country that has seen very little of it over the past 20 years, it does not necessarily mean that the situation has improved.  An estimated 2.34 million Somalis still require humanitarian support.

The UN rates situations such as this on a five-level scale based on death rate, with “famine” at the highest level.  Friday’s declaration reduces the Somali food shortage to level four, which is referred to as a “humanitarian crisis.”  Part of the reason for this change in status is the output of the most recent harvest.  The UN reported this year’s harvest to be double the average output over the past 17 years, allowing a significant reduction in food prices.  Though the news was promising, the organization was unwilling to declare victory.

“The crisis is not over,” said Jose Graziano da Silva, the new director-general of the UN’s Food and Agricultural Organisation, who had just returned from a visit to the war-torn East African country.  “It can only be resolved with a combination of rains and continued, co-ordinated, long-term actions that build up the resilience of local populations and link relief with development.”

Somalia remains in dire straits.  The country has been devastated by a long chain of misfortune that the BBC described as “a toxic mixture of drought, war, high taxes levied by armed groups, and rising food prices.”  Combat is a major player in the present crisis.  Al-Shabab, a militant Islamic group connected to Al Qaeda, controls vast swathes of territory in the southern and central areas, which were hit the hardest by the most recent drought.

The organization has banned numerous aid groups since November 2011 for conducting what it considered to be “activities deemed detrimental to the attainment of an Islamic state.”  On Monday, it expelled the International Committee for the Red Cross, one of the last groups permitted to continue operations, for allegedly distributing expired food.  But even before then, the ICRC had discontinued full scale delivery of food and seeds due to attacks on aid workers traveling to distribution sites.  Al-Shabab denies the claims and said the ICRC was conducting the interference on its own.

Regardless of the reason for the ban, the improving situation can easily deteriorate in a hurry, according to Mark Bowden, the UN’s Humanitarian Coordinator for Somalia..

“The gains are fragile and will be reversed without continued support,” Bowden said.   “There are 1.7 million people in southern Somalia still in crisis. Millions of people still need food, clean water, shelter and other assistance to survive and the situation is expected to deteriorate in May.”

Areas under Al-Shabab control are in a particularly precarious position.  In addition to the newly-named “humanitarian crisis,” the area is a site of ongoing military conflict.  The group is facing incursions from Kenya, Ethiopia, and African Union forces in the capital, Mogadishu.

For more information, please see:

BBC — Famine Conditions in Somalia Have Ended, UN Says — 03 February 2012

Garowe Online — UN Declares Somalia’s Famine Over, but Declares Millions Across East Africa Still in Crisis — 03 February 2012

Hiiraan — Somali Regions No Longer Famine Stricken – U.N. — 03 February 2012

New York Times — U.N. Says Famine in Somalia Is Over, but Risks Remain — 03 February 2012

Shabelle News — UN Says Famine Over in Somalia, Emergency Remains — 03 February 2012

Impunity Watch — Al-Shabab Ejects Red Cross from Somalia — 02 February 2012

Al-Shabab Ejects Red Cross from Somalia

By Zach Waksman
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – Al-Shabab, a militant Islamist group, ordered the International Committee of the Red Cross to cease its humanitarian aid operations in the areas of Somalia that it controls on Monday.  Despite international concerns about the effects, the group made this decision due to alleged concerns about the way the ICRC handled food distribution.

Families await receiving their supply of food at a distribution point in a Mogadishu refugee camp. (Photo courtesy of IRIN)

In a statement delivered on multiple forums, including Twitter, Al-Shabab said that the ICRC “repeatedly betrayed the trust conferred on it by the local population and, in recent weeks, falsely accused the mujahideen [al-Shabab fighters] of hindering food distribution.”  Its Office for Supervising the Affairs of Foreign Agencies claimed to have conducted an inspection of food in ICRC warehouses and found that “70 per cent of the food stored for distribution was deemed unfit for human consumption.”  The organization also claimed to have set more than 2,000 tons of expired food on fire.

The Red Cross was one of the last international humanitarian organizations permitted to continue operations in regions under the organization’s control.  In November, the Al-Shabab banned 16 aid organizations, including several under the auspices of the United Nations, from continuing their operations.  It asked those that it considered to have “engaged in activities deemed detrimental to the attainment of an Islamic state” to leave.  It claimed, among other allegations, that some groups tried to exaggerate the scale of the situation for political reasons and even attempted to convert Muslims to Christianity.

On January 12, the ICRC decided to suspend distribution to more than 1.1 million people in southern and central Somalia after local armed groups interfered with delivery of food and seeds for farmers.  It continued to provide emergency aid and clean water.  The timing could not have been worse.  Those regions are still in the midst of a massive drought that has created famine conditions for over a year.

In response to the ban, the UN called for Al-Shabab to reconsider, believing that its decision would make conditions worse.

“Over the past couple of months, ICRC distributed food to over one million Somalis in crisis; leaving so many vulnerable Somalis without food will endanger their lives and could also result in pushing a large number of people back into famine, reversing any gains made,” said Mark Bowden, the UN’s Humanitarian Coordinator for Somalia. “We appeal to all factions in Somalia to allow humanitarian actors to reach people most in need, wherever they are.”

An aid worker who asked to remain anonymous told IRIN that the best move might be to work with the organization instead of against it.

“They [Al-Shabab] are seeing everything as an attempt to destroy or harm them,” he said.  “Maybe it is time to open channels of communication, preferably by the international community. Surely, if they [the international community] can talk to the Taliban, they can talk to Al-Shabab to save lives.”

On Thursday, possibly in response to Al-Shabab, Turkey and the Turkish Red Crescent sent 5.8 million kilograms of food and other equipment to Somalia.

For more information, please see:

Hiiraan — Turkish Red Crescent Sends Aid to Somalia — 02 February 2012

CNN — Militant Group Kicks Aid Group Out of Regions in Somalia — 31 January 2012

IRIN — Somalia: UN Calls for Access to the Needy — 31 January 2012

Al Jazeera — Al-Shabab Bans Red Cross from Somalia — 30 January 2012

BBC — Somalia’s Al-Shabab Militants Ban Red Cross Aid Work — 30 January 2012

South Sudanese Asylum Seekers Asked To Leave Israel

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – On Wednesday, 31 January, Israel announced its plan to deport South Sudanese asylum seekers if they do not voluntarily leave the country by March 31, 2012.  If these asylum seekers leave before this deadline, they will receive a plane ticket home and a $1,300 grant.

South Sudanese asylum seekers outside their home in Tel Aviv. (Photo Courtesy of Haartez)

The Israeli Interior Ministry’s press statement said, “Now that South Sudan has become an independent state, it is time for you to return to your homeland.  While it is not a simple move, the State of Israel is committed to helping those who wish to return voluntarily in the near future.”  In July 2011, South Sudan became an independent state and a member of the United Nations.

Israel’s South Sudanese community was angry and confused about the government’s decision.  Matthew Deng, a pastor of two South Sudanese churches located outside Tel Aviv, commented, “South Sudan is dealing with many issues, how can people go back now?  We don’t even have hospitals, schools – nothing…All we have is what is in [the capital] Juba.”

The Israeli government will advertise the grant offer to the South Sudanese people via media broadcasts and leaflet distribution.

The United Nation’s High Commission on Refugees’ William Tall said in order for Israel to act consistent with its signed agreements regarding asylum seekers, the country must screen asylum applications individually to evaluate if the South Sudanese applicants are genuine refugees.

In December 2011, Israel’s Population, Immigration, and Borders Authority (“PIBA”) reported of the 51,125 African asylum seekers and economic migrants throughout Israel, 13,066 people are from South Sudan.  Since 2005, paid smugglers have assisted Africans sneak into Israel through its border with Egypt’s Siani desert.  Last month, the interior minister documented 2,295 people entered Israel through this border.

People fleeing persecution and abuse from Sudan and Eritrea find Israel attractive because the country offers them safety and employment opportunities.  Since many migrants live in the poor southern neighborhoods of Tel Aviv, the Israelis call the area “little Africa”.

The Israelis struggle with how to approach the influx of migrants.  Recognizing their country developed from the Nazi genocide of Jews, some Israelis do not want to turn people escaping prosecution away.  However, others want to maintain their country’s Jewish character without the social and economic burden associated with migrants.

Presently, Israel is developing a 150-mile fence along its border with Egypt, threatening harsh punishment on people to assisting illegal migrants, and enlarging its detention facility to combat the influx of illegal immigration.

Orit Marom of the Aid Organization for Refugees and Asylum Seekers in Israel (“ASSAF”) said the people need a year or two to prepare to return to South Sudan.  Mr. Deng added the members of his community want to return to South Sudan, but they want to wait “until South Sudan is ready.”

For further information, please see:

The Jerusalem Post –South Sudanese Distressed By Looming Deportations – 2 Feb 2012

The Jerusalem Post – 2,295 Illegal African Migrants Enter Israel In January – 1 Feb 2012

Arutz Sheva – Israel Offers Assistance Basket For Departing Sudanese – 31 Jan 2012

The Boston Globe – Israel Says It Will Deport South Sudanese Migrants – 31 Jan 2012