According to an April 2011 report by Human Rights Watch, criminal proceedings had been instituted in Haiti against Mr. Duvalier on charges of financial crimes, after he left Haiti in 1986. These pending proceedings were reinstituted when Mr. Duvalier returned to Haiti in January 2011. Under Haitian law and procedural rules, the government has until May 19, 2011, to complete its investigation and charge Mr. Duvalier. (Source: Haiti's Rendezvous with History, "The proceedings against Duvalier," Human Rights Watch, April 14, 2011, accessed at http://www.hrw.org/en/node/97889/section/4.)
According to the Swiss Federal Department of Foreign Affairs, "refunds of ex-dictator Jean-Claude Duvalier totalling about CHF 6 million have again been frozen by a Federal Council decision of 03.02.2010. Following the judgement of Swiss Federal Court dated 12.01.2010, which put an end to the mutual legal assistance between Haiti and Switzerland, this freezing order has avoided a return of the assets to the Duvalier family. The freezing remained in force until the entry into force of the Act on the Restitution of Illicit Asset (LRAI). This law was accepted by Parliament in the autumn session 2010 and is entered into force on 1 February 2011. The Duvalier assets have then been frozen on the basis of article 14 RIAA. The Confederation took legal action before the Federal Administrative Court to enable frozen assets to be forfeited in April 2011, further to the decision of the Federal Council to ask the Federal Department of Finance (FDF) to initiate proceedings for the forfeiture of the Duvalier funds frozen in Switzerland. Once confiscated, the assets will be returned to Haiti in order to improve the living conditions of the Haitian people." (Source: Swiss Federal Department of Foreign Affairs, "Illicit assets of politically exposed persons (PEPs)," last modification March 20, 2012, at http://www.eda.admin.ch/eda/en/home/topics/finec/intcr/poexp.html.)
Swiss Ministry of Foreign Affairs, September 30, 2009;
Swiss federal court decision 136 IV 4 (January 12, 2010), accessed at http://www.bger.ch/index/juridiction/jurisdiction-inherit-template/juris...
Text of the Swiss "Return of Illicit Assets Act," accessed at website of the Swiss Federal Deapartment of Foreign Affairs, http://www.eda.admin.ch/etc/medialib/downloads/edazen/topics/finec/intcr....
UN News Centre, "Haiti set to recover plundered Duvalier assets from Switzerland with UN help," February 13, 2009, accessed at http://www.un.org/apps/news/story.asp?NewsID=29906&Cr=haiti&Cr1=corruption;
Basel Institute on Governance, "Duvalier asset can not (yet) be returned to Haiti - Swiss Federal Court Decision," February 3, 2010;
Haiti's Rendezvous with History, "The proceedings against Duvalier," Human Rights Watch, April 14, 2011, accessed at http://www.hrw.org/en/node/97889/section/4.