Tuesday, February 7, 2012

ARTICLE - DUVALIER - APPEALS PROCESS

HAITI AG BEGINS APPEALS PROCESS ON DUVALIER CASE
(NECN) -

PORT-AU-PRINCE, Haiti (AP) — The appeals process for parties involved in the high-profile case against former dictator Jean-Claude Duvalier has begun, Haiti's attorney general said Monday.

The appeals process comes after a judge recommended that the former strongman knowN as "Baby Doc" be tried for alleged financial crimes in a lesser court, and not for the human rights abuses associated with his brutal regime in the 1970s and 1980s.

The judge's ruling was met with an outcry from human rights groups and the United Nations, which has a peacekeeping mission in Haiti. Activists plan a sit-in in front of the Justice Ministry on Tuesday, which marks the 26th anniversary of the popular uprising that ousted Duvalier.

Both sides in the case are expected to appeal the magistrate's recommendation; opponents because they want Duvalier tried in a higher court and the defense because they feel he shouldn't be tried at all

Attorney General Jean Renel Senatus told The Associated Press on Monday that he had sent out copies of an order to the defense team and lawyers for the more than 20 plaintiffs who filed complaints against Duvalier.

The parties have 10 days from the day they receive the order to file their appeals, which could reach the plaintiffs on Tuesday, Senatus said.

The attorney general has the right to appeal the order under his review but Senatus said he "wasn't sure" yet if he was going to do so.

As of Monday evening, Haitian rights activist Pierre Esperance said the plaintiffs he's helping on the case hadn't received the documents. Defense attorney Reynold Georges couldn't be reached for comment.

The defense attorneys argue that a 10-year statute of limitations against the alleged crimes has expired, a matter disputed by international rights advocates. Georges said he planned to appeal the decision.

The case began in January 2011 after Duvalier made a surprise return to Haiti following 25 years of exile in France. Since then, the investigation has stumbled along, the defendant has made few court appearances and prosecutors have been fired. Senatus, the fifth prosecutor on the case, began his job earlier this month.

The office of President Michel Martelly said last week it wouldn't interfere with the judiciary following mixed signals he's given on the case.

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