Latin American Herald Tribune - Former Haitian Dictator Jean-Claude Duvalier Charged with Embezzling

by Administrator 19. January 2011 07:51
Well, yesterday we said it would be interesting watching Haiti.  No democracy can exist,
or function well, without adhering to the rule of law.   Yesterday many reports of "Baby
Doc" being arrested surfaced in the media and he was taken into "custody" before his
scheduled press conference.  Now, it will be interesting to watch how this "rule of law"
will move forward.  The actions taken yesterday are about like what we'd call a Grand Jury
investigation - it appears there is an investigative effort begun to determine if there is
enough evidence to indict and bring criminal charges bounding Baby Doc over for trail.

While our constitution is largely based on British law, given our roots that is
understandable, the Haitian Constitution and legal system is largely based on the French
system.  That is also understandable given their roots. That means there are some
differences and some of them are foreign to our minds if we attempt to view them from a
purely American perspective.

So some kind of legal process has begun and it will be interesting to watch it unfold.
But one question is whether this is truly a move according to the "due process of law" or
is it a move to keep Baby Doc from further complicating an already complicated political
landscape.  Time will tell and it will remain interesting to watch.  As you check out this
article from the Latin American Herald Tribune, keep another thing in mind:  In order for
a democracy to truly exist, the law must be applied equally to all.  In both its
protections and its use for adjudicating criminal and civil legal matters.  Our Department
of Justice, along with Canadian and French efforts, under various programs, have spent a
lot of funds and made extensive effort to help that criminal justice system in Haiti stand
up after Operation Restore Democracy in 1994.  I think it was struggling before the
earthquake and that it surely was negatively impacted by damage and loss of critical
infrastructure during the earthquake but it has a chance to show the world that it has its
feet under it.

It will remain a story to watch and there are plenty of other actors in that nation's
history that should come under similar scrutiny.  I, for one, hope that as they move
forward there is progress in both adherence to the rule of law and the fair application of
it within the nation.

For more information on the actions of yesterday, take a look at the article I referenced:

http://www.laht.com/article.asp?ArticleId=384408&CategoryId=10718

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