North America & Oceania

Will Justice Prevail After Jean-Claude Duvalier’s Return to Haiti?

By Brittney Hodnik
Impunity Watch Reporter, North America

PORT-AU-PRINCE, Haiti – Amnesty International and other human rights groups want legal investigation and prosecution for former dictator Jean-Claude “Baby Doc” Duvalier.  Duvalier unexpectedly returned to Haiti in 2011 after spending 25 years in exile.  During his 15 years as dictator in Haiti, thousands of people were tortured, killed, or went missing.  Some support Duvalier’s recent return, but many more seek justice.

Thousands of people were killed, tortured, or went missing during Jean-Claude Duvaliers 15-year presidency in Haiti. (Image courtesy of CNN)
Thousands of people were killed, tortured, or went missing during Jean-Claude Duvalier's 15-year presidency in Haiti. (Image courtesy of CNN)

Jean-Claude Duvalier became president in 1971 at the age of 19, earning him the nickname, “Baby Doc.”  He took over for his father, Francois “Papa Doc” Duvalier, according to The Washington Post.  After serving as a dictator for 15 years, he was exiled to France and did not return until January 2011.

Amnesty International recently published a report encouraging the current authorities to seek prosecution of Jean-Claude Duvalier.  According to CNN, Amnesty International’s 40-page report highlights the arbitrary detentions, torture, deaths in custody, killings and disappearances of Haitians during Duvalier’s 15 years in power.  Special Advisor at Amnesty International, Javier Zuniga went on to describe the abuse as systematic and widespread and that some of the actions “amount to crimes against humanity.”

Haitian authorities already indicted Duvalier for embezzlement, theft of public funds and crimes against humanity committed during his presidency according to Amnesty.org.  Further,  CNN reports that the embezzlement case alleges hundreds of millions of dollars stolen from the national treasury.  Amnesty International has already provided copious amounts of documented abuses to aid in the prosecution.

Not all Haitians are seeking legal repercussions however.  At an Amnesty International conference with authorities, protestors showed up in support of Duvalier, criticizing Amnesty as “imperialists” who wanted to divide the country, as reported by The Washington Post.

The bigger hurdle seems to be Haiti’s judicial system in general.  Many are questioning why Duvalier has been back in the country for 8 months without any legal repercussions.  Amid a seemingly stalled investigation, concerns for Duvalier’s health have come into play.  As reported by The Guardian, he was recently hospitalized for chest pains and many fear he will die before justice will be served.

According to The Guardian, Duvalier is currently under a very loosely enforced version of house arrest.  He is reportedly living lavishly in a suburb of Port-au-Prince, visiting friends and even attending jazz concerts.

“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,” said Zuniga.  Amnesty International and other human rights groups will continue to seek justice for the impunity created under Duvalier’s rule.

For more information, please visit:

Amnesty International — Haiti Urged to Bring Jean-Claude Duvalier to Justice — 22 Sept. 2011

CNN — Human Rights Group: Bring Duvalier to Justice in Haiti — 22 Sept. 2011

The Guardian — Will “Baby Doc” Duvalier Ever Face Justice in Haiti? — 22 Sept. 2011

The Washington Post — Protestors in Haiti Reject Amnesty International Report on Former Dictator — 22 Sept. 2011

An End to an Era of Silence: U.S. Repeals Don’t Ask, Don’t Tell Policy

By Ryan T. Elliott
Impunity Watch Reporter, North America/Oceania

WASHINGTON D.C., United States — The policy “Don’t Ask, Don’t Tell” (DADT) was officially repealed Wednesday. The history of the policy is an interesting one. The repeal marks a major step forward for the LGBT (lesbian, gay, bisexual, transgender) community. However, at the time of its enactment, the policy was viewed as a progressive step forward because it allowed individuals to serve in the military regardless of their sexual orientation.

DADT repeal becomes effective as of September 20, 2011
DADT repeal becomes effective as of September 20, 2011. (Photo courtesy of Liberty Voice)

The policy was a product, and some may say a compromise, of the Clinton Administration. The policy became a legal reality under 10 U.S.C. § 654 on December 21, 1993. The Clinton Administration also issued a Defense Directive, which provided that military applicants were not to be asked about their sexual orientation.

The policy’s well-known name is derived from its provisions, which allowed gay men and women to serve in the armed forces so long as they did not reveal their sexual identity.  The government’s rationale for the policy has often been explained in terms of the negative impact that gays, lesbians and bisexuals serving openly would have on the morale, discipline, and unit cohesion that are the essential to military capability.

The “Don’t Ask” provision of the policy mandated that military officials were not to ask members to reveal their sexual orientation. This meant that superiors couldn’t investigate service members without witnessing prohibited behavior or receiving credible evidence of homosexual behavior.  Meanwhile, the “Don’t Tell” provision meant that members could be discharged for claiming to be a homosexual or bisexual, or making a statement indicating a tendency towards or intent to engage in homosexual activities.

The two other, less well-known, provisions followed later. They included the “Don’t Pursue” and “Don’t Harass” provisions. The “Don’t Pursue” provision simply established the basic requirements that would be necessary in order for officials to initiate an investigation. And due to unauthorized investigations and harassment, the policy was expanded to include a “Don’t Harass,” which really applied to all service members, and directed a zero tolerance provision of harassment or violence against service members.

At its outset, the policy was thought to be an even-handed approach that would allow gays and lesbians to enlist and serve in the armed forces. However, history confirmed that the policy was anything but impartial. In fact, the policy created an environment where no one was punished for asking, but where the military discharged nearly 14,000 troops from the military for “telling.”

Realizing the unfairness of this policy, in 2008, President Obama campaigned on the promise to repeal “Don’t Ask, Don’t Tell.” But this promise only began to gain real momentum and garner national attention after the Pentagon released a report on the issues associated with a repeal of DADT. The report gathered information from more than 100,000 surveys returned by service members and their spouses. The major findings of the study were: (1) allowing gays and lesbians to serve openly posed a “low risk” of disruption; and (2) nearly 70 percent of active-duty and reserve forces saw little or no problem with ending DADT.

However, in a 13-page section of the report, dozens of quotes reflected the attitudes of the remaining 30 percent. Among these views, the Washington Post reported that these individuals expressed fears about: (1) contracting AIDS; (2) getting leered at in the showers; (3) disturbing critical bonding at barbecues and bar outings; (4) affronts to religious beliefs; and (5) that this is not the appropriate time to make major changes in the military when we are at war and our men and women overseas.

Despite these divergent views, it is clear the latter is now in the minority. Last year, a California federal judge, Virginia Phillips, ruled that the DADT policy violates service members’ free-speech and due process rights. Now, the law that for nearly 18 years has banned gay Americans from openly serving in the armed forces was repealed Tuesday. This repeal comes nine months after Congress voted to end the law that began during the Clinton Administration.

While President Obama signed the repeal into law last December, its provisions required time for the Pentagon to prepare for the policy changes. For the estimated 65,000 gay members currently serving in the military, the years of debate and months of preparation are finally over. For the first time in the history of the United States, gay service men and women can serve openly in the armed forces without fear of being discharged.

For more information, please see:

Is the Constitutionality of ‘Don’t Ask, Don’t Tell’ Still at Issue? – 21 September  2011

With Repeal of ‘Don’t Ask, Don’t Tell,’ An Era Ends  20 September 2011

“The Legal Brief” — May 2010

261 DADT Discharges in 2010 – 25 March 2011

Obama calls for ‘don’t ask, don’t tell’ repeal –27 January  2010

Obama Signs Away ‘Don’t Ask, Don’t Tell’ – 22 December  2010

Senate Repeals Ban Against Openly Gay Military Personnel – 18 December 2010

New bill introduced to end ‘don’t ask, don’t tell’ – 11 December  2010

Voices from the ‘don’t ask, don’t tell’ report of troops who oppose repeal – 30 November 2010

 

Update: Georgia Pardons Board Denies Troy Davis Clemency; Execution Scheduled for Tomorrow

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – The day before his scheduled execution, it seems Troy Davis has run out of options.  The Georgia State Board of Pardons and Paroles refused to grant Davis clemency, deciding that he should be put to death for killing Mark MacPhail, an off-duty police officer.  Davis will die by lethal injection on September 21, 2011 at 7:00 in the evening E.S.T.

Supporters of Troy Davis protest outside of the Georgia Board of Pardons and Paroles on September 19, 2011. (Image courtesy of Reuters/CNN)
Supporters of Troy Davis protest outside of the Georgia Board of Pardons and Paroles on September 19, 2011. (Image courtesy of Reuters/CNN)

As reported by the New York Times, this is the fourth time Davis has faced the death penalty, as the state parole board granted him a stay in 2007.  In 2008, the Supreme Court stepped in just 90 minutes before his execution.  A week before his third execution, the 11th Circuit Court of Appeals issued another stay to hear arguments from his lawyer about new testimony.  Most recently, the Supreme Court refused to hear Davis’s case when he tried to appeal directly to them to examine new testimony.

Since Davis was found guilty in 1991 for murdering Officer MacPhail, seven of the nine witnesses have recanted or contradicted their statements, according to CNN.  Furthermore, as reported by TIME, there was no physical evidence (fingerprints, DNA, weapon) linking Davis to the crime.

There is considerable doubt surrounding the case, generating support from former President Jimmy Carter, Archbishop Desmond Tutu, 51 members of Congress and singer Cee Lo Green, among others, according to The New York Times.  More than 630,000 letters have made their way to the board, pleading to grant Troy Davis clemency.  In addition, hundreds of petitions have circulated, showing support for Troy Davis, his family, and his lawyers for their struggles.

Interestingly, on September 20, the Supreme Court issued an order granting a stay of execution to Cleve Foster, just two and a half hours before he was scheduled to die by lethal injection in Texas.  The Gulf War veteran, according to CNN, was convicted of the murder of Nyanuer “Mary” Pal, a Sudanese immigrant in 2002.  This is the third time Foster has been granted a reprieve.  These situations raise many questions about the adequacy of our legal system and the death penalty in general.

The District Attorney’s office released a statement today, informing citizens that they could not withdraw or vacate the execution order, as it was not within their power, according to WSAV News (an NBC affiliate).  The Governor does not have the power to grant clemency in Georgia, so the Georgia Board of Pardons and Paroles was Davis’s last chance.  The parole board had previously denied Davis clemency once before, as reported by CNN, and the board has never changed its mind on any case in the last 33 years.

“It is unconscionable that the Georgia Board of Pardons and Paroles has denied relief to Troy Davis.  Allowing a man to be sent to death under an enormous cloud of doubt about his guilt is an outrageous affront to justice,” said Amnesty International in a statement on Tuesday, as reported by CNN.

The board is considered a “safety valve” according to TIME, and this safety valve has failed.  Gallup polling in 2009 found that 59% of Americans would admit to believing that an innocent person has been executed sometime in the previous five years, according to TIME.  It is not as though the board had to declare Davis innocent, but rather just admit that there is some – any – amount of doubt surrounding the case.

Anne MacPhail, Officer’s MacPhail’s mother told CNN that she is satisfied with the decision and she is “very convinced that he is guilty.”  “Well, justice is done, that’s the way we look at it.  That’s what we wanted,” she said.

Troy Davis will be executed at 7:00 p.m. at Georgia State Prison September 21, 2011.  The New York Times reports that a vigil is planned for Tuesday night (September 20, 2011) on the steps of the Georgia State capital.

For more information, please visit:

CNN — Death-Row Inmate Troy Davis Denied Clemency – 20 Sept. 2011

CNN — Texas Death Row Inmate Granted Another Supreme Court Reprieve — 20 Sept. 2011

The New York Times — Georgia Pardons Board Denies Clemency for Death Row Inmate — 20 Sept. 2011

TIME — Troy Davis’ Clemency Denial: The Failure of a Legal ‘Safety Valve’ — 20 Sept. 2011

WSAV News — Chisholm: DA Does Not Have the Power to Withdraw Execution Order — 20 Sept. 2011

Montreal Students Face Possible Human Rights Complaint Over Blackface Incident

By Brittney Hodnik
Impunity Watch Reporter, North America

OTTAWA, Canada – Students at the University of Montreal may be facing a human rights complaint after dressing up in blackface.  A group of business students was taking part in a track and field event and wanted to dress up like Olympic runner, Usain Bolt, from Jamaica.  The students say that Bolt “is a role model for them” and it was “harmless fun” according to The Calgary Sun.  Many others believe that the situation was racist, offensive and wrong.

Students at the University of Montreals business school dressed up in black face at a track and field event. (Image Courtesy of NewsOne.com)
Students at the University of Montreal's business school dressed up in black face at a track and field event. (Image Courtesy of NewsOne.com)

The students were dressed in Jamaican-flag-colors, completely covered in black body paint, and were shouting “smoke more weed,” according to the Canadian Broadcasting Corporation (“CBC News”).  In addition, other Rastafarian stereotypes were implied and the students were holding up a stuffed monkey.

A McGill University law student, Anthony Morgan walked by the campus and saw the event.  He said that from what he could tell, he “was the only black person there” and he “felt extremely uncomfortable in [his] own skin,” reported CTV Montreal.  Morgan says he is considering filing a human rights complaint for the offensive use of blackface.

Blackface has significant negative connotations.  Historically, whites used blackface to make a mockery of African-Americans and demean them.  Even if the students did not mean to be offensive, it came across as such.  CBC News quoted Justice Canada as saying, “This event presumably was planned for weeks.  Didn’t ANYONE think this might have been offensive and racist?”

Others, such as David Jorgensen said that the act was clearly “in poor taste” but “these immature young adults are entitled to their freedom of expression, no matter how distasteful [other] people may find it,” reported CBC News.  In fact, Morgan himself says that he does not want the students to be punished but rather he “hopes the university will try and educate these students on the historical context of blackface and to make them do research on Jamaican culture,” according to The Calgary Sun.

“They had reduced all of who I am and the history of Jamaica and culture of Jamaica to these negative connotations of weed smoking, black skin, rastas,” Morgan told CBC News.

The University will organize an intercultural-relations session for those involved and will use the event” as an occasion for learning,” reported The Calgary Sun.  As of now, no further disciplinary action is planned by the business school.  Morgan said that he hopes that Quebec’s human rights commission will do an independent investigation into the event.

For more information, please visit:

CBC News — Does Blackface Worn by Montreal Students Warrant a Human Rights Complaint? — 16 Sept. 2011

NewsOne.com — Montreal Students Mock Usain Bolt in Blackface — 16 Sept. 2011

The Calgary Sun — Blackface Stunt Could Prompt Human Rights Complaint — 16 Sept. 2011

CTV Montreal — Blackface Stunt Fackfires at Universite de Montreal — 15 Sept. 2011

Cuban Commission for Human Rights and National Reconciliation Report Details Evidence of Escalating Government Control and Oppression in Cuba

By Ryan T. Elliott
Impunity Watch Reporter, North America/Oceania

HAVANA, Cuba – The Ladies in White are counted among the most determined groups battling against human rights abuses in Cuba. The Ladies in White work towards the release of hundreds, if not thousands, of political prisoners.  Earlier this week, the Cuban Commission for Human Rights and National Reconciliation released a report that focused on the beatings, violence and kidnappings the Ladies in White suffered from authorities in August.

Ladies in White were beaten and detained by Cuban authorities in August. (Photo courtesy of the Wall Street Journal)

On August 7, 2011, the Ladies in White suffered a series of violent attacks during peaceful demonstrations in the cities of Santiago de Cuba and Palmarito de Cauto, which are located in the Eastern province of Cuba. Comprised largely of Cuban women who are family members or supporters of Cuban political prisoners, the group was battered, and in some cases, pushed into buses headed for unknown destinations by Government-organized agents.

In the wake of these violent attacks, it was discovered that six activists were hospitalized with fractures, contusions, and wounds that required sutures. Meanwhile, the political police ordered doctors not to supply victims with medical certificates. This was an interesting and clever maneuver on the part of the political police, considering that medical certificates are required in order to accuse the Cuban authorities of any wrongdoing.

The Cuban Commission for Human Rights and National Reconciliation (“CCHRN”)found that police violence against peaceful dissidents (persons who happen to hold or voice a different belief) was at its highest in recent years. The report found that police violence against peaceful dissidents (persons who happen to hold or voice a different belief) was at its highest in recent years. In fact, the panel found at least 2,221 arrests that were made for political reasons. This is an average of 278 arrests per month, a number that represents a hundred percent increase from the same period last year.

While the commission said there is little doubt that the crackdown on pro-democracy groups was approved at the highest level of government, the Catholic Church, which often acts as a go-between for dissidents and Cuban authorities, said it had received assurances that there was no national policy to target opposition groups. Nevertheless, the commission warned that the figures in its report suggest a serious deterioration of civil and political rights in Cuba. The commission stated that it believes that this represents a trend, which is likely to continue unless the Cuban government introduces new reforms or ratifies and complies with the U.N. human rights pacts.

The CCDHRN called on foreign governments and international human rights groups to show “solidarity” with Cuban dissidents and urge Havana to end its controlling and oppressive practices.

For more information, please see:

Emirates 247 – Cuban crackdown ordered from the top — September 7, 2011

Christian Post – Catholic Church in Cuba Condemns Violence Against Ladies in White — September 6, 2011

Miami Herald – Cuba denies it is targeting dissidents — September 6, 2011

Fox News  –  Cuba dissidents complain of escalating repression — September 6, 2011

Cuba Democracy & Life – Activists with Fractures are Hospitalized after Brutal Attack — August 7, 2011