Haitians ponder the return,
after 25 years, of Baby Doc
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The motives of the notorious playboy and dictator, who was exiled in 1986, remain unclear
- guardian.co.uk, Monday 17 January 2011 20.54 GMT
Haitian prime minister Jean-Max Bellerive, Jose Miguel Insulza, secretary general of the Organisation of American States, and former armed forces chief Jean Etainne are among those giving their views on the return of former Haitian dictator Link to this videoEarthquake, hurricanes, cholera, political crisis: it seemed Haiti's woes could not get worse. Then an Air France flight landed in Port-au-Prince and out stepped Baby Doc.
Wearing a blue suit and tie, he was older, frailer, but still recognisable all these years later as Jean-Claude "Baby Doc" Duvalier, once the Caribbean's most notorious playboy, dictator and kleptocrat.
"I was waiting for this moment for a long time," the 59-year-old said after arriving on Sunday night. "When I first set foot on the ground, I felt great joy."
Haiti needs lots of things, but the unexpected return of a leader who tortured, murdered and looted before fleeing in 1986 may not be one of them. The fact that his luxury Paris exile had turned to near penury put an additional question mark over the homecoming.
But it is a measure of the country's desperation that some Haitians welcomed it. Hundreds of cheering supporters greeted Duvalier at the airport and as news spread among the general population today, reaction ranged from delight and ambivalence, to concern.
"A lot of young people heard from their parents that he used to be a good president, that things weren't so expensive back then, so they're hoping he can show the politicians what to do," said Jean Daniel Delon, 27.
Exactly why Duvalier has returned, and for how long, remains unclear. "I'm not here for politics," he told Radio Caraibes. "I'm here for the reconstruction of Haiti." His longtime companion, Veronique Roy, told reporters that they planned to stay just three days. Asked why he had returned now, she replied: "Why not?"
A press conference scheduled for today was postponed until tomorrow.
"There is something going on behind this, but we don't know what it is yet," said Robert Fatton, a Haitian-born history professor at the University of Virginia and author of The Roots of Haitian Despotism.
The authorities cleared Duvalier through immigration, prompting speculation that President René Préval had orchestrated a distraction to a row over whether his favoured successor, Jude Celestin, would progress to a delayed run-off election.
Another theory linked the ex-dictator to another presidential candidate, Michel Martelly, who is also seeking a run-off spot and has senior Duvalier supporters among his entourage.
"Whatever is going on, this return isn't going to help anything," said Fatton. Younger Haitians have no direct experience of Duvalier's despotism, and living standards for most Haitians have worsened since his departure, producing dangerous nostalgia. "Everybody is fed up with the existing situation and wants change. But what type of change?"
Duvalier's reappearance also fuelled speculation that Jean-Bertrand Aristide, an exiled former president who retains strong support, may soon follow.
A 2006 US embassy cable passed to WikiLeaks said Washington and the Dominican Republic, which borders Haiti, opposed the return of either man as "provocative" and "unhelpful", a view that is unlikely to have changed.
Duvalier inherited power in 1971 aged just 19. He was one of the world's youngest heads of state and ruled as a corrupt and marginally less brutal successor to his father, Francois "Papa Doc" Duvalier, who ruled from 1957.
When the vicious Tonton Macoute militia could no longer contain unrest, Baby Doc fled to France in 1986 – prompting dancing in the streets. Euphoria faded as the economy collapsed and political convulsions toppled one government after another, turning Haiti into an impoverished ward of the UN and foreign donors.
Last year's earthquake, followed by a cholera outbreak and a chaotic, inconclusive November election, has left a humanitarian crisis and political vacuum.
The prospect of Duvalier partly filling it has appalled many. "Duvalier's return to Haiti should be for one purpose only: to face justice," said José Miguel Vivanco, Americas director of Human Rights Watch.
"His time to be held accountable is long overdue." Amnesty International said he should be tried for crimes against humanity.
What passes for Haiti's government and judicial system – neither has recovered from the earthquake – gave no immediate indication of an intention to prosecute the returned exile.
Duvalier checked into the Karibe hotel in Pétionville, an upmarket district, and said he had returned to help and show solidarity with Haitians' suffering. "I am well disposed and determined to participate in the rebirth of Haiti," he said.
It was unclear who would pick up the hotel tab. Duvalier's years of living in a chateau outside Paris and a luxury Riviera villa ended in costly divorce and tax disputes, leaving him near broke.In recent years journalists tracked him down to a small, sparsely furnished two-bedroom apartment in a far from chic arrondissement. The modest rent of a few hundred euros a month was paid by supporters, including Haitian taxi-drivers and waiters living in France who propped up Duvalier morally, physically and financially.
At one point the former president was so desperate he took university classes to improve his "leadership skills" and placed an advertisement seeking work in a local paper in the south of France. However critics said he never seriously sought to earn a living.
Friends described him as lonely and deluded, dreaming of the day he would reclaim power. There are rumours he had a stroke and major surgery in 2009. He now appears convinced his moment has come. "All I know is politics," he once said.
Philippe Moreau Defarges, co-director of the French Institute for International Relations said Duvalier's return was probably a mix of nostalgia and a desire for power. "He's not an old man and he needs to find a role for himself. He is his father's son and he has gone back home."
• This article was amended on 18 January 2011. The original contained the name Jean-Baptiste Aristide. This has been corrected.
'Baby Doc' Duvalier charged with corruption in Haiti
Former dictator faces charges relating to his 15-year rule after being hauled before a judge in Port-au Prince
- The Guardian, Wednesday 19 January 2011
- Article history

Jean-Claude "Baby Doc" Duvalier was charged with corruption and the theft of his country's meagre funds last night after the former Haitian dictator was hauled before a judge in Port-au-Prince
Two days after his return to the country he left following a brutal 15-year rule, a noisy crowd of his supporters protested outside the state prosecutor's office while he was questioned over accusations that he stole public funds and committed human rights abuses after taking over as president from his father in 1971.
"His fate is now in the hands of the investigating judge. We have brought charges against him," said Port-au-Prince's chief prosecutor, Aristidas Auguste.
He said his office had filed charges against Duvalier, 59, of corruption, theft, misappropriation of funds and other alleged crimes committed during his period in power.
The charges must now be investigated by the judge who will decide whether a criminal case should go ahead. After several hours of questioning, Duvalier left the prosecutor's office but was ordered to remain in the country at the disposition of judicial authorities. "He doesn't have the right to go anywhere," investigating judge Carves Jean said.
Dozens of officers, including some in riot gear, had whisked him earlier from his hotel past a jeering and cheering crowd and into a 4x4 with tinted windows – a scene which his regime's victims had long dreamed of. He, who was not handcuffed, appeared calm and did not say anything. He had been due to give a press conference to explain his return from 25 years in exile.
Crowds immediately thronged the courthouse in expectation of a historic hearing.
Amnesty International and Human Rights Watch, among others, have urged the authorities to prosecute the former dictator for jailing, torturing and murdering thousands of people during his time in power. His longtime companion, Veronique Roy, when asked whether Duvalier was being arrested, simply laughed and said nothing.
The scene evoked memories of 7 February 1986 when crowds danced in the streets after widespread revolts and international pressure led to his departure.
His Swiss-banked fortune long used up in divorce and tax disputes, Duvalier returned to Haiti without warning on Sunday on a flight from Paris, saying he wanted to help. "I'm not here for politics. I'm here for the reconstruction of Haiti."
A spokesman for the UN high commissioner for human rights said it should be easier to prosecute Duvalier in Haiti because it was where atrocities took place but that the judicial system was fragile.
It remained unclear why he returned and what impact it would have on the year-long post-quake crisis which has left a leadership vacuum and a country in ferment, with near daily street demonstrations by rival factions.
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How strong are charges against Haiti's Jean-Claude Duvalier? Very, say experts.
Former Haitian dictator Jean-Claude Duvalier (aka 'Baby Doc') was charged in court Tuesday with embezzlement, corruption, and misappropriation of funds. 'It’s fairly easy to pursue legally,' says one expert.
Haiti's ex-dictator Jean-Claude Duvalier (c.) gestures to supporters as police take him out of his hotel in Port-au-Prince, Haiti, Tuesday, Jan. 18. Haitian police took Duvalier, who abruptly returned to Haiti on Sunday, out of his hotel to a waiting SUV without saying whether he was being detained for crimes committed under his brutal regime.
Ramon Espinosa/AP
During his 15 years in power, Jean-Claude “Baby Doc” Duvalier is said to have brazenly robbedHaiti’s treasury of hundreds of millions of dollars.
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He is accused of going as far as stealing checks intended for the poor to help him amass hundreds of millions of dollars in foreign accounts that allowed him to live luxuriously while in exile.
But the same disregard for the law that made him a multimillionaire could make the case against him relatively easy to prosecute, observers tell the Monitor.
“He was fairly careful to hide the assets abroad, but he was not that careful to hide the way he acquired them,” says Brian Concannon, a human rights lawyer and director of the Institute for Justice and Democracy in Haiti (IJDH). “I am confident that this case can be prosecuted, it’s fairly easy to pursue legally because it’s been documented.”
IN PICTURES: Baby Doc returns
Dramatically detained and formally charged in court on Tuesday by Haitian authorities, just two days after unexpectedly returning from exile, Mr. Duvalier’s future is now being weighed by a judge who will decide whether to pursue the accusations of embezzlement, corruption, and misappropriation of funds, among other alleged crimes. The process could take months.
“His fate is now in the hands of the investigating judge. We have brought charges against him,” Aristidas Auguste, Port-au-Prince's chief prosecutor, told reporters Tuesday.
Supporters: Duvalier is innocent
Gervais Charles, an attorney who has represented Duvalier in the past, confirmed the case had been filed but said a statute of limitations had expired, which would make void any charges. Duvalier was freed but he had no passport to travel, Mr. Charles told reporters. Haitian officials did not address Charles’s statute of limitations claims, the Associated Press reported.
"What will happen to [Duvalier] is entirely the responsibility of [President René] Préval and his executive cabinet," Duvalier spokesman Henry Robert Sterlin told reporters Tuesday. "What those in power want is the destabilization of the country."
At the end of the day, Duvalier returned to the posh Karibe Hotel in the Petionville neighborhood, which had served as the backdrop for a dramatic scene that morning when police entered Duvalier’s room as a small contingent of his supporters gathered in front of the hotel, yelling “the revolution is going to start” and “arrest Préval,” a reference to the unpopular president.
Duvalier's return ticket to France was reportedly booked for Thursday, though he must remain in country for at least as long as the case investigation period.
His continued presence will likely be welcome news to supporters that gathered Tuesday, many who were too young to remember Duvalier in power. They seemed drawn by nostalgia and embellished memories of the Duvalier era, which lasted for nearly 30 years. “Baby Doc” Duvalier became the round-faced successor to the regime when he took over from his father at the age of 19.
“I came here for President Duvalier, who left Haiti 25 years ago and I’m happy he came back,” says Pierre Willy, a protester who gathered in downtown Port-au-Prince to support Duvalier. “All these people that were killed, it wasn’t Duvalier that did it. He was just the son of a president then.”
'Vital' case to pursue
A case against the former dictator might proceed slowly, but it's an important one to try, says Reed Brody, counsel for Human Rights Watch and a former prosecutor in Haiti. "It is vital that the Haitian authorities pursue this kind of case because it could show Haitians that the state still functions," Mr. Brody says.
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Haiti's justice system was already weak before the destructive earthquake. "Prosecuting the case could potentially be transformative" for the justice system, he says, adding that cases in the United States and Switzerland have already laid out evidence against Duvalier.
Duvalier left Haiti in 1986 after 15 tyrannical years leading the country he took over from his father in 1971. During that time, he allegedly oversaw the torture and murder of political opponents and robbed public funds.
In the late 1980s, at the behest of the Haitian government, a US accounting firm studied the government’s books and determined Duvalier stole at least $300 million. “That was a conservative estimate,” says Concannon of the Boston-based IJDH. “Nobody knows for sure how much he took. We know it was hundreds of millions.” (Editor's note: A member of IJDH's board of directors was a longtime lawyer for exiled former President Jean-Bertrand Aristide, a political opponent of Duvalier.)
A civil case that went through Florida courts in 1998 with a judgment against Duvalier awarded Haitians $504 million. The money was never recovered.
Life of luxury in France
Duvalier landed in France in 1986 after he was overthrown and started to live the life of a wealth celebrity, says Elizabeth Abbott, author of “Haiti: The Duvaliers and Their Legacy.”
“He lived lavishly, like a really wealthy person, spending thousands for meals and clothes and other things,” Ms. Abbott says.
Duvalier had a residence outside Paris, a villa in the French Riviera, speedboats, and sports cars in the first years after he settled in France, according to Abbott and press reports. But after he and his ex-wife Michele divorced in 1992, his fortune reportedly dwindled.
He reportedly failed to pay rents, ran up a massive hotel bill, and moved to a modest two-bedroom Paris apartment paid for by loyal Duvalierists. Then, in January 2010, the Swiss government froze $4.6 million in Swiss bank accounts held by Duvalier.
“He burned through most of it and then the judgment froze the rest,” Abbott says. “He’s been living very modestly for several years now.”
Important test for Haiti's justice system
Even if the case against him can’t recover any of the money Duvalier stole, pursuing the charges represents an important step in strengthening the Haitian justice system and closing an ugly chapter in the country’s history, observers say.
When Duvalier fled to France in a US military jet in 1986, he brought to a close three decades of dictatorial rule in which tens of thousands of suspected dissidents and other innocent Haitians were murdered. Duvalier and his father, “Papa Doc,” used a secret police called the "Tonton Macoutes" to squash political movements and torture opponents.
“In a legal sense and in a political sense, it’s important that this trial against him move forward,” says Bernice Robertson, the International Crisis Group’s representative in Port-au-Prince. “What would it say if someone widely accused of these human rights violations were allowed to return freely to the country?"
IN PICTURES: Baby Doc returns
>via: http://www.csmonitor.com/World/Americas/2011/0119/How-strong-are-charges-agai...
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Duvalier's millions in Switzerland likely to return to Haiti

- NEW: Duvalier's lawyer says "all that money" has been given for Haitian relief
- A new Swiss law will ease repatriation of funds
- A government lawyer in Haiti says the money will never go back to Duvalier
- Jean-Claude Duvalier may be charged in Haiti for pillaging state coffers
(CNN) -- The sun had not risen yet on that February day in 1986 when Jean-Claude "Baby Doc" Duvalier's eight-vehicle motorcade of luxury cars and jeeps arrived at the Port-au-Prince airport, then named for his father.
Surrounded by soldiers and about 100 journalists who came to witness the end of an era in Haiti, the dictator boarded a United States Air Force C-141 jet along with his glamorous wife, Michele Bennet, their two children and 20 friends and servants.
Also on the plane that day were trunks of designer clothes, gold, jewels and priceless art. What could not be seen was the hundreds of millions of dollars Haitian officials accused the Duvalier clan of stealing from state coffers.
The pillaging of Haiti's national treasury now lies at the heart of legal action against Duvalier, who stunned the world by returning to Haiti this week from some 25 years of quiet exile in France.


Some lawyers who have been following the Duvalier money trail for years were flabbergasted that such a man was able to enter Haiti legally, that he was not arrested right away.
"I don't know how a criminal like him goes free," said Enrico Monfrini, a Switzerland-based lawyer who has been representing the Haitian government in a long and drawn out legal battle over Duvalier's cash.
Duvalier reportedly lost a chunk of his wealth when he and Bennet divorced, but the family still has $5.7 million in assets in a frozen bank account in Switzerland that belongs to a family foundation.
Now, a Swiss law enacted specifically to help repatriate stolen funds from failing states may help return the Duvalier money to Haiti, said Daniel Thelesklaf, executive director of the International Centre for Asset Recovery in Switzerland.
"I am optimistic there will be a decision by the end of the year," he said.
The law, which goes into effect February 1, was enacted to help Switzerland overcome existing hurdles with states that have no mutual legal assistance partnership with Switzerland or with troubled nations that are incapable of dealing with such issues, according to the Swiss Foreign Ministry.
For a judge order restitution, a government must prove a discrepancy between the wealth of a "politically exposed person" and his or her earnings, along with high levels of corruption in that country.
"They managed to draft this law very quickly," Monfrini said, adding that legal proceedings in Haiti would not affect efforts at restitution.
He said $5.7 million is not a large amount compared to what Duvalier allegedly stole, but morally, repatriation of the money would be a huge victory.
But not a complete one until Duvalier is made to stand trial for his alleged crimes, said human rights lawyer Mario Joseph, who has worked in Haiti on building the legal case against Duvalier.
Joseph said no one in Haiti ever imagined that Duvalier would return to face charges. His presence in the country has enabled the court to reopen a 2008 case against the strongman, he said.
But Duvalier's lawyer, Reynold Georges, expressed confidence Wednesday that Haitian authorities have little evidence to press charges. Duvalier, said Georges, would not only remain a free man but he could decide to return to politics.
Georges later told CNN that Duvalier had given "all that money" to charity for Haitian relief after the earthquake.
"I don't know if the Swiss bank transferred that money already, so I don't have any details on that," Georges said, "but I guarantee you that that has been done."
Dismayed by the thought of the return of a brutal dictator, Monfrini pressed upon Haiti's justice system to prevail, and for the courts not to forget what Duvalier pledged in the aftermath of Haiti's devastating 2010 earthquake.
He expressed "complete solidarity" with those who were suffering in "these hours of great national distress" and called on Swiss authorities to transfer all of the money from his foundation to the American Red Cross for the relief effort.
Monfrini doubted Duvalier's sincerity but not the new Swiss law.
"This money will go back to Haiti for sure," he said. "It will never go back to Duvalier."