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Planning By We Export Prochords – IJDH calls on Duvalier with Staff Attorney Nicole Phillips

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Transcript of: March 7 2013 IJDH call on Duvalier with Staff Attorney Nicole Phillips

Min 0:00 — 4:59
Brian: [inaudible] …legitimacy in Haiti, they represent some of the victims who filed complaints of political violence and they appealed the dismissal of political violence crimes, and so what we’re now doing in the appeals court process that is deciding whether those political violence crimes were correctly tried and for people more familiar with the English and American legal systems this is a little strange because they’re actually taking victim testimony and defendant testimony at an appeals court hearing which you can do in the United States, but in this case the appeals court in Haiti have fairly broad powers, they can almost re-do the trials court’s work. It looks like that’s what the trial court’s doing is to, really look at the factual basis underlying the claims to see if there’s an issue for trial. And with that, I’ll pass it on to Nicole with a quick introduction. Nicole is an adjunct professor at the university of San Francisco school of law and for the last three years she’s been a lawyer with the Bureau des Advocates International, she has a long experience of labor and human rights work, and for IJDH she leads most of our international litigation including the American Commission on Human Rights and the UN Human Rights Counsel. Since January she’s been based in Haiti and she’s been following the hearings at the at the appeals court. I’ll let Nicole take it from here and tell us what’s been happening on the ground.
Nicole: Okay great, thank you Brian. I am going to- I’m sorry I just called in by cell phone hopefully you all will be able to hear me now. For the last month the hearings have really heated up, and as Brian mentioned the case is in the appeals court right now. Not a lot has happened over the last year but in the last few weeks the court has started having hearings again and the main focus has been to get Jean-Claude Duvalier in to testify. It took three weeks to compel him to testify. His lawyers argued very strenuously against it although they didn’t have very good legal arguments about why he shouldn’t be allowed to testify. Instead their tactics were to divert attention to other things, make legal arguments that had nothing to do with whether or not Duvalier should testify. They also attacked the victims’ lawyer’s ability to be at the hearing, they wanted to exclude our lawyers of course. Our victims’ lawyers make up about 3 different law offices that include the BAI; it’s a really impressive legal team that’s led by a former minister of justice, as well as Mario Joseph and four other BAI lawyers. The court ordered Duvalier to appear and finally last week he did. Duvalier had filed an initial interlocutory appeal with the Supreme Court to block his testimony, even though there was actually no real order from the court that was appealable so their appeal was improper. Luckily the court didn’t buy it so he testified last week — last Thursday — the court room was packed, there was well over 100 people, standing room only, a lot of panelists, as well as victims. There were also interestingly a lot of monitors at the hearing, there was somebody from the US embassy, amnesty international, human rights watch, as well as the UN, the High Commissioner for Human Rights that work through the Minustah human rights office, and many others from different embassy’s, et cetera. So it was a packed court room, Duvalier did appear. He was asked probably about a dozen or so questions, and really didn’t give a lot of information; he spoke very softly…

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