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.

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

By Brittney Hodnik
Impunity Watch Reporter, North America

OTTAWA, Canada – Leon Mugesera lost his 16-year battle to stay in Canada on Monday, 23 January 2012.  Mugesera has been charged with crimes against humanity, by encouraging and promoting the Rwanda genocide.  Canadian authorities ruled that he would be deported, and returned to Rwanda as soon as possible.  A federal government official told BBC News that Canada “will remove him as quickly as legally possible.”

In 1992, Mugesera was a member of Rwanda’s ruling Hutu party, the MRND, according to BBC News.  In his capacity, he gave a speech to more than 1,000 party members, encouraging them to kill Tutsis and throw their bodies in the river.  The ensuing two years resulted in mass killings between the Hutus and Tutsis.

Mugesera allegedly referred to Tutsis as “cockroaches that should be exterminated.”  Over the two year period, somewhere between 800,000 and 1 million Hutus and Tutsis perished.

According to the Montreal Gazette, Mugesera arrived in Canada in 1993 with his wife and five children.  In 1996, he was ordered deported for failing to reveal on his application that he may have been involved in crimes against humanity.  He fears torture or death if he is returned to Rwanda, according to The Times Colonist.

Finally, on 12 January 2012, the Canadian courts officially deported him.  The Montreal Gazette reports that his lawyers sought a stay, and eventually lost in the Federal Court of Canada.  However, Mugesera and his lawyers appealed to the United Nations Committee against Torture. 

The UN Committee requested that Canada hold off on the deportation until it could review the case.  However, authorities argued that the provincial court did not have the jurisdiction to rule on immigration cases, according to CTV News; rather the matter was solely the province of the federal court.

Rwanda’s Foreign Minister Louise Mushikiwabo is praising Canada saying that it “did the right thing.”  Further, as CTV Montreal reports, “Leon Mugesera’s deportation, while decades past due, is welcome news for a people committed to healing and justice,” said Mushikiwabo.

The Canadian government based its decision to deport, taking into consideration diplomatic assurances that Mugesera would be safe to return to Rwanda.  According to The Montreal Gazette, “The Canadian government has denied there’s minimal risk because it’s received diplomatic assurances.”  Mugesera’s lawyer argues that the “Rwandan government is run by organized crime,” and he fears for his client’s wellbeing, according to The Montreal Gazette.

Mushikiwabo wrote on Twitter and news sources confirm that Mugesera had left the country and he was on his way to Kigali, Rwanda.

For more information, please visit:

CTV Montreal — Mugesera Lands in Rwanda Following Historic Deportation — 24 Jan. 2012

The Times Colonist — Rwanda Genocide Suspect Mugesera Deported From Canada — 24 Jan. 2012

BBC News — Canada Deports Rwanda Genocide Suspect Leon Mugesera — 23 Jan. 2012

The Montreal Gazette — Judge to Rule Monday on Rwandan Genocide Suspect Leon Mugesera — 23 Jan. 2012

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – On 10 January 2012, Chrissy and Joe Rivera spoke with a doctor about a kidney transplant for their disabled daughter.  Rather than receiving hopeful news, they were faced with the exact opposite.  The doctor at the Children’s Hospital of Philadelphia (CHOP) told the Riveras that their daughter, Amelia was not eligible for a kidney transplant because she is mentally retarded.

Amelia Rivera was born with Wolf-Hirschhorn Syndrome, which is a rare genetic disorder.  Symptoms include intellectual disabilities, seizures, and a shortened life span, according to Examiner.com.

The Nephrology Department at CHOP told the Riveras that Amelia would need a kidney transplant in the next 6 months to a year.  When the parents and a sleeping Amelia sat down with another doctor to discuss transplants, the doctor informed them that she was not eligible. 

According to Chrissy Rivera’s blog, the doctor slipped her a list of reasons why kidney transplants can be denied.  Two different lines were highlighted: “Mentally retarded” and “Brain Damage.”  These two reasons are on a list with other medical problems including HIV and Hepatitis C.

When Mrs. Rivera said that the transplant list was not necessary, because someone in the family would donate a kidney, the doctor said that the surgery would not be performed at CHOP.  According to Examiner.com, the doctor insisted, “[Amelia] is not eligible because of her quality of life . . . [b]ecause of her mental delays.”

A study in 2006 showed that patients with mental retardation are just as likely as patients without mental retardation to have a successful transplant.  Originally, people with mental retardation were often turned down for transplants according to The Ohio State University Research Center, but now transplants are much more common.  “People with disabilities do have access to transplants, but whether we have reached equal access is impossible to say,” said Steven Reiss, a co-author of the study.

Many doctors refuse to do such transplants because often there are other medical problems associated with the mental retardation that diminish the probability of success.  In addition, some argue that the patients will not take all of the medications necessary to ensure success.  Opposing sides argue that caregivers of people with mental retardation are more diligent and likely to compel transplant patients to take their medications.

The United Nations Convention on the Rights of Persons with Disabilities, Article 25 on health says that doctors and hospitals must “recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability.  Furthermore, Article 10 says that “every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others,” according to a blog on the Care2 website.

CHOP issued a statement on its Facebook page reassuring the public that CHOP “does not have any criteria which exclude patients from being considered for transplant solely on their cognitive status.”  The statement went on to say the hospital uses a “non-discriminatory approach” in its determinations.

Reiss and his co-authors have since begun developing an international registry of organ transplants among the mentally retarded.  This way, the study can be further expanded and at the same time, help mentally retarded patients find appropriate matches for those on waiting lists.

As of now, “Mental Retardation” remains on the printed checklist of reasons why an organ transplant could be denied.  Steven Reiss says as a result of the study, “there doesn’t seem to be any reason to think the mentally retarded are not good candidates for transplants.”

Chrissy and Joe Rivera have vowed to continue fighting for Amelia, and insist that she will get the transplant that she needs to continue to live her life.

For more information, please visit:

Care2 (blog) — Hospital: No Kidney Transplant for Girl with Disabilities — 14 Jan. 2012

The Examiner — Should Disabilities Matter in  Organ Transplants — 14 Jan. 2012

The Examiner — Hospital Denies Life Saving Transplant to Child Because of Special Needs — 13 Jan. 2012

WolfHorschhorn.org (Chrissy Rivera’s blog post) — Brick Walls — 12 Jan. 2012

Research News at The Ohio State University — Organ Transplants Just as Successful in Those with Mental Retardation — 12 June 2006

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – On 2 January 2012, Human Rights USA released a report detailing planned and authorized acts of torture against terror suspects.  After the September 11 attacks, many terror suspects were detained and unlawfully treated.  These alleged acts of torture were in violation of domestic and international law.

The 270-page report is entitled Indefensible: A Reference for Prosecuting Torture and Other Felonies Committed by U.S. Officials Following September 11th.  It outlines all of the evidence that indicates illegal interrogation techniques under the Bush Administration.  According to a press release from Human Rights USA, the report is a multi-year collaborative effort between Human Rights USA and the International Human Rights Law Clinic at American University in Washington, D.C.

According to the same press release, the courts still have not held a top government official accountable for any act of torture.  Although some torture survivors have sought judgments against these officials, none has prevailed.

Although the Bush Administration authorized this kind of lawless behavior, the Obama Administrations has similarly failed.  Obama has not investigated these allegations of torture and other inhumane treatment, nor created a Special Counsel for its investigation.

This report was released less than two weeks before Guantanamo Bay’s 10th anniversary of opening.  Although President Obama set a deadline to close Guantanamo, no detainee has left in over a year because of restrictions on transfers, according to USA Today.  Furthermore, indefinite military detention has now become enshrined in U.S. law.

Allison Lefrak, litigation director of Human Rights USA said, “Our country’s legal system relies on the fundamental principle that no one is above the law – even top government officials.”  She believes that nothing will be fixed until the responsible officials are actually held accountable for their actions.

“Repudiation of torture and accountability for the government officials who authorized it is essential in order to restore the rule of law in the United States and prevent similar acts of torture from being repeated in the future,” she said.

Just one example of supposed torture victims is Saudi national, Mohammed al-Qahtani.  He claims he was the victim of “torture and other profoundly cruel, inhuman, and degrading treatment,” according to Newser.  His lawyers are calling for the release of ‘sickening’ videos of his torture at Guantanamo Bay.

Overall, the report is a cry for help; it seeks to encourage people to recognize the atrocities that happened under the Bush Administration after the horrendous attacks on September 11.  Furthermore, the report seeks to point out the current administration’s avoidance of prosecuting those individuals in power.

The full report can be found at: Indefensible

For more information, please visit:

Human Rights USA – Press Release — 4 Jan. 2012

Newser — ’20th Hijacker’ Sues for Gitmo Torture Tapes — Videos are Sickening Says Lawyer — 11 Jan. 2012

USA Today — Guantanamo Closure Hopes Fade as Prison Turns 10 — 11 Jan. 2012