Mario Joseph
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Mario Joseph (1962 or 1963 – 31 March 2025) was a Haitian human rights lawyer. From 1996 until his death, he led the ''Bureau des Avocats Internationaux'' (BAI) in
Port-au-Prince Port-au-Prince ( ; ; , ) is the Capital city, capital and List of cities in Haiti, most populous city of Haiti. The city's population was estimated at 1,200,000 in 2022 with the metropolitan area estimated at a population of 2,618,894. The me ...
, which represents
political prisoner A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention. There is no internationally recognized legal definition of the concept, although ...
s, impoverished communities, and victims of
political violence Political violence is violence which is perpetrated in order to achieve political goals. It can include violence which is used by a State (polity), state against other states (war), violence which is used by a state against civilians and non-st ...
. In 2006, ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' called Joseph "Haiti's most prominent human rights lawyer".


Background

Joseph received degrees from Haiti's ''École Normale Supérieure'' and Gonaïves Law School. He then worked on human rights cases for the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
's Peace and Justice Commission before joining the BAI in 1996.


Raboteau Massacre

Joseph was the lead lawyer for the victims in the prosecution of the BAI's most successful case, the
Raboteau Massacre The Raboteau massacre was an incident on April 22, 1994, in which military and paramilitary forces attacked the neighborhood of Raboteau Gonaïves, Haiti, the citizens of which had been participating in pro-Jean-Bertrand Aristide demonstrations. ...
trial. The trial was described by a United Nations expert as "the longest and most complex" in the history of the Haitian judicial system. After six weeks of trial ending in November 2000, the Raboteau Massacre jury convicted 53 defendants for a 1994 attack on a pro-democracy neighborhood, 37 of whom were convicted in absentia. The Court also ordered that the defendants pay civil damages of 1 billion gourdes (roughly $43 million USD). Three former members of the military high command were later deported from the U.S. to Haiti to face charges in Raboteau, including former Assistant Commander-in-Chief Jean-Claude Duperval, who had worked at
Disney World The Walt Disney World Resort is an entertainment resort complex located about southwest of Orlando, Florida, United States. Opened on October 1, 1971, the resort is operated by Disney Experiences, a division of the Walt Disney Company. ...
for five years after leaving Haiti. According to the Institute for Justice & Democracy in Haiti (IJDH), Duperval was the highest-ranked soldier ever deported from the U.S. to face human rights charges. Joseph helped the Center for Justice & Accountability pursue other perpetrators of the Raboteau Massacre in U.S. courts. On 16 May 2008, these efforts resulted in a damage recovery of more than $400,000 USD from former Col. Carl Dorélien, who had recently won the Florida State Lottery. The same year, Joseph also provided an affidavit against Emmanuel Constant, a former paramilitary leader and convicted Raboteau perpetrator, when Constant was on trial for
mortgage fraud Mortgage fraud refers to an intentional misstatement, misrepresentation, or omission of information relied upon by an underwriter or lender to fund, purchase, or insure a loan secured by real property. Criminal offenses may be prosecuted in eith ...
in New York.


United Nations cholera lawsuit

In 2012, Joseph and IJDH Director Brian Concannon filed suit against the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
on behalf of victims of the 2010–2011 Haiti cholera outbreak, allegedly introduced to Haiti by UN troops in October 2010. According to the Haitian Health Ministry, as of August 2012, the outbreak had caused 7,490 deaths and caused 586,625 people to fall ill. Investigations by the ''
New England Journal of Medicine ''The New England Journal of Medicine'' (''NEJM'') is a weekly medical journal published by the Massachusetts Medical Society. Founded in 1812, the journal is among the most prestigious peer-reviewed medical journals. Its 2023 impact factor was ...
'' and the US
Centers for Disease Control The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency under the Department of Health and Human Services (HHS), and is headquartered in Atlanta, ...
pointed to the
United Nations Stabilization Mission in Haiti The United Nations Stabilisation Mission in Haiti (), also known as MINUSTAH, an acronym of its French name, was a UN peacekeeping mission in Haiti from 2004 to 2017. It was composed of 2,366 military personnel and 2,533 police, supported by int ...
base in
Mirebalais Mirebalais (; ) is a commune in the Centre department of Haiti, approximately 60 km northeast of Port-au-Prince on National Road 3. The city was established in 1702. American Rotarians have made a number of mission-type trips to the cit ...
as the source of the cholera outbreak. The UN denied responsibility, though epidemiological and genome studies appeared to have conclusively established the peacekeeping force's role, and UN Special Envoy
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
described the force as "the proximate cause of cholera". By challenging the legal immunity of peacekeepers, ''
The Economist ''The Economist'' is a British newspaper published weekly in printed magazine format and daily on Electronic publishing, digital platforms. It publishes stories on topics that include economics, business, geopolitics, technology and culture. M ...
'' described the suit as a landmark case that could "affect peacekeeping operations worldwide". In August 2012, a
Pulitzer Center The Pulitzer Center on Crisis Reporting is an American news media organization established in 2006 that sponsors independent reporting on global issues that other media outlets are less willing or able to undertake on their own. The center's goal ...
reporter described the case as going "nowhere fast", though Joseph and Concannon intended to continue pursuing it. Joseph speaks about the case in the short documentary ''Baseball in the Time of Cholera'', which won the 2012 Best Documentary Short Special Jury Mention at the
Tribeca Film Festival The Tribeca Festival is an annual film festival organized by Tribeca Enterprises. It takes place each spring in New York City, showcasing a diverse selection of film, episodic, talks, music, games, art, and immersive programming. The festival ...
. The case was dismissed by the
Southern District of New York The Southern District of New York is a federal judicial district that encompasses the counties of New York (Manhattan), Bronx, Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan. Federal offices or agencies operating in the distri ...
on the grounds of UN immunity, but has been appealed to the second circuit.


Other cases

In the late 1990s and early 2000s Joseph worked through the BAI on the Raboteau case as well as on various other cases aimed at bringing to justice ex-military and paramilitary death squad members. His activities and the activities of the BAI during this time period are discussed in more depth in a 2012 book with Monthly Review Press. The activities of the BAI and the Haitian government of Jean-Bertrand Aristide in seeking justice for the victims of paramilitary and military violence are documented in detail. He and the BAI were also tasked with helping to investigate the murder of famed radio journalist Jean Dominique and the security guard at Dominique's radio station. His view on how the case was exploited and manipulated to undermine the elected government of Jean-Bertrand Aristide is discussed in more depth in an interview with Joseph and attorney Brian Concannon. The interview is published in the journal of Haitian studies. Joseph represented Catholic Priest and human rights activist Fr.
Gérard Jean-Juste Gérard Jean-Juste (7 February 1946 – 27 May 2009) was a Haitian Catholic priest who served as rector of Saint Claire's Church for the Poor in Port-au-Prince. He was also a liberation theologian and a supporter of the Fanmi Lavalas political ...
, who was designated a
prisoner of conscience A prisoner of conscience (POC) is anyone imprisoned because of their race, sexual orientation, religion, or political views. The term also refers to those who have been imprisoned or persecuted for the nonviolent expression of their conscienti ...
by Amnesty International following his multiple arrests in 2004 and 2005. In January 2007, Joseph testified before the
Inter-American Court of Human Rights The Inter-American Court of Human Rights (I/A Court H.R.) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a human r ...
in Costa Rica, in the case of ''
Yvon Neptune Yvon Neptune (born 8 November 1946 in Cavaillon, Haiti) is a Haitian politician and architect who served as the Prime Minister of Haïti from 2002 to 2004. He was appointed by President Jean-Bertrand Aristide, and took office on 15 March 2002. ...
v. Haiti'', the first Haitian case that the Court had considered. On 6 May, the Court ruled that the Haitian government had violated 11 provisions of the
American Convention on Human Rights The American Convention on Human Rights (ACHR), also known as the Pact of San José or by its Spanish name used in most of the signatory nations, ''Convención Americana sobre Derechos Humanos'', is an international human rights instrument. It was ...
by keeping Neptune, a former prime minister, in detention and failing to try his case with sufficient speed. In 2010, Joseph and the BAI worked with a number of victims of sexual abuse in the IDP camps created following the
2010 Haiti earthquake The 2010 Haiti earthquake was a catastrophic Moment magnitude scale, magnitude 7.0 Mw earthquake that struck Haiti at 16:53 local time (21:53 UTC) on Tuesday, 12 January 2010. The epicenter was near the town of Léogâne, Ouest (departm ...
. In January 2012, Joseph spoke out against a ruling by a judge that former dictator
Jean Claude Duvalier Jean-Claude Duvalier (; 3 July 19514 October 2014), nicknamed "Baby Doc" (, ), was a Haitian dictator who held the presidency of Haiti from 1971 until he was overthrown by a popular uprising in February 1986. He succeeded his father François " ...
would be tried only for embezzlement and corruption charges, rather than human rights abuses.


Threats and intimidation

Under Haiti's
interim government A provisional government, also called an interim government, an emergency government, a transitional government or provisional leadership, is a temporary government formed to manage a period of transition, often following state collapse, revolut ...
(2004–2006), Joseph represented alleged
political prisoner A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention. There is no internationally recognized legal definition of the concept, although ...
s, including top former government officials, journalists and grassroots organizers. His advocacy generated frequent threats; his family was forced to leave the country, and
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
issued an Urgent Action alert out of concern for his safety in November 2004. His family received political asylum from the U.S. and now resides in
Miami Miami is a East Coast of the United States, coastal city in the U.S. state of Florida and the county seat of Miami-Dade County, Florida, Miami-Dade County in South Florida. It is the core of the Miami metropolitan area, which, with a populat ...
. In late 2012, Joseph reported increasing levels of intimidation attempts against him and stated his belief that he was being targeted by the Haitian government. On 28 September, Jean Renel Sénatus, former Chief Prosecutor of Port-au-Prince, stated that he had been dismissed by the Ministry of Justice after refusing to order the arrest of 36 opposition activists, including Joseph. The reports caused Amnesty International to begin another "Urgent Action" letter-writing campaign on Joseph's behalf, calling on authorities to investigate the threats. The alleged intimidation was also protested by the
Center for Justice and Accountability The Center for Justice and Accountability (CJA) is a US non-profit international human rights organization based in San Francisco, California. Founded in 1998, CJA represents survivors of torture and other grave human rights abuses in cases agains ...
, the Center for Economic Policy and Research, the US
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...
, US Congressman
John Conyers John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. Conyers was the sixth-longest serving member of Congress and the lo ...
, and the
Center for Constitutional Rights The Center for Constitutional Rights (CCR; formerly Law Center for Constitutional Rights) is an American progressive non-profit legal advocacy organization based in New York City. It was founded in 1966 by lawyers William Kunstler, Arthur Kin ...
.


Political opinions

Joseph considered
MINUSTAH The United Nations Stabilisation Mission in Haiti (), also known as MINUSTAH, an acronym of its French name, was a UN peacekeeping mission in Haiti from 2004 to 2017. It was composed of 2,366 military personnel and 2,533 police, supported by int ...
as an occupation force. According to him, the United States used the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
to control the politics in Haiti indirectly. Brazil only took part in the operation because the US offered a permanent seat in the
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
. After the arrest of the Brazilian ex-president
Luiz Inácio Lula da Silva Luiz Inácio Lula da Silva (; born Luiz Inácio da Silva; 27 October 1945), known Mononym, mononymously as Lula, is a Brazilian politician, trade unionist and former metalworker who has served as the 39th president of Brazil since 2023. A mem ...
due to
Operation Car Wash Operation Car Wash (, ) was a landmark anti-corruption probe in Brazil.Kurtenbach, S., & Nolte, D. (2017). Latin America's Fight against Corruption: The End of Impunity. GIGA Focus Lateinamerika, (03). Beginning in March 2014 as the investiga ...
, he signed a letter stating that Lula was a political prisoner.


Death

Joseph died following a traffic collision on 31 March 2025. He was 62.


Awards and recognition

In 2009, Joseph won the Katharine and George Alexander Law Prize from the
Santa Clara University Santa Clara University is a private university, private Jesuit university in Santa Clara, California, United States. Established in 1851, Santa Clara University is the oldest operating institution of higher learning in California. The university' ...
Law School, and the Judith Lee Stronach Human Rights Award from the Center for Justice & Accountability. He delivered the Judge Leon A. Higginbotham Human Rights Lecture at the
University of Pennsylvania The University of Pennsylvania (Penn or UPenn) is a Private university, private Ivy League research university in Philadelphia, Pennsylvania, United States. One of nine colonial colleges, it was chartered in 1755 through the efforts of f ...
in November 2011, and was recognized by the
Center for Constitutional Rights The Center for Constitutional Rights (CCR; formerly Law Center for Constitutional Rights) is an American progressive non-profit legal advocacy organization based in New York City. It was founded in 1966 by lawyers William Kunstler, Arthur Kin ...
in New York in June 2012 for his "extraordinary work." He delivered the commencement address in May 2013 for graduates of the Indiana University Robert H. McKinney School of Law.


References


External links


IJDH Home Page
* {{DEFAULTSORT:Joseph, Mario 1960s births Year of birth uncertain 2025 deaths Road incident deaths in Haiti 20th-century Haitian lawyers Haitian human rights activists 21st-century Haitian lawyers