A Former Haitian Mayor Faces Trial in Boston for Alleged Visa Fraud and Human Rights Abuses
Jean Morose Viliena, a former mayor of Les Irois, Haiti, is set to stand trial in Boston on charges of visa fraud. The trial, which began on Monday, centers around allegations that Viliena lied on his visa application about his involvement in human rights abuses during his tenure as mayor. Federal prosecutors accuse Viliena of concealing his role in violent acts against political opponents, including extrajudicial killings and other forms of violence. Viliena, who has been living in Malden, Massachusetts, just north of Boston, was indicted in 2023 on three counts of visa fraud. If convicted, he could face serious legal consequences, including imprisonment and deportation.
A Troubled Past: Viliena’s Alleged Involvement in Violence
Prosecutors allege that Viliena’s past is marred by violence and abuse of power. During his time as mayor of Les Irois, a small town of about 22,000 people on Haiti’s western tip, Viliena is accused of leading a group of allies to the home of a political opponent in 2007. According to the indictment, Viliena and his associates shot and killed the opponent’s younger brother, then brutally mutilated his body by smashing his skull with a rock. In a separate incident in 2008, Viliena allegedly led an armed group to a community radio station that he opposed, where he and his allies used guns, machetes, picks, and sledgehammers to shut down the station. During this incident, Viliena is accused of pistol-whipping and punching a man, and ordering one of his associates to shoot and kill two people. Although both men survived, one lost a leg, and the other was blinded in one eye.
These allegations are not new to Viliena. In 2023, an American jury found him liable in a civil trial for the killing and the two attempted killings. The jury awarded the victims and their families $15.5 million in compensatory and punitive damages. The lawsuit was filed in 2017 by the San Francisco-based Center for Justice and Accountability on behalf of David Boniface, Juders Ysemé, and Nissage Martyr, all of whom were victims of Viliena’s alleged abuses. Nissage Martyr died before the trial, and his son, Nissandère Martyr, took his place as a plaintiff. The case was brought under the Torture Victim Protection Act of 1991, which allows victims of torture and extrajudicial killings to sue foreign officials in U.S. courts if all legal avenues in their home country have been exhausted.
The Civil Trial and Its Aftermath
The civil trial brought by the Center for Justice and Accountability not only shed light on Viliena’s alleged abuses but also highlighted the broader issue of impunity for human rights violators who escape justice in their home countries. The case was a significant victory for the victims and their families, who had been seeking accountability for over a decade. The jury’s decision to hold Viliena liable for the abuses and award substantial damages sent a strong message that those who commit such atrocities will not be able to hide in the United States without facing consequences.
Despite the success of the civil trial, the victims and their families continue to face challenges. Many of them still live in hiding, fearing retaliation from Viliena’s allies or others who might seek to harm them for speaking out. The Center for Justice and Accountability has called on the U.S. State Department, the U.S. Embassy in Haiti, and the Inter-American Court of Human Rights to work with the Haitian government to ensure the safety of the victims and their families. The organization has also urged authorities to take steps to prevent further intimidation and retaliation against those involved in the case.
Viliena’s Criminal Trial: A Chance to Prove Innocence
As Viliena’s criminal trial begins, his lawyers maintain that he is innocent of the charges against him. Jason Benzaken, Viliena’s lead counsel, has stated that his client now has the opportunity to present evidence of his innocence. “Mr. Viliena is innocent of the charges against him, and we are looking forward to the opportunity to prove this,” Benzaken said. The trial will likely hinge on whether prosecutors can prove that Viliena knowingly lied on his visa application about his involvement in the alleged abuses. If convicted, Viliena could face serious penalties, including imprisonment and potential deportation back to Haiti.
For now, Viliena’s fate remains uncertain. While his lawyers are optimistic about his chances of proving his innocence, the evidence presented in the civil trial and the allegations outlined in the indictment paint a troubling picture of his past actions. As the trial proceeds, it will be important to consider not only the legal implications of the case but also the broader human rights implications. Viliena’s case serves as a reminder of the challenges of holding foreign officials accountable for human rights abuses and the importance of ensuring that those who commit such acts do not find safe haven in the United States.
The Victims’ Quest for Justice and Safety
While Viliena’s trial moves forward, the victims and their families continue to live in fear. David Boniface, Juders Ysemé, and Nissandère Martyr, the plaintiffs in the civil case, have expressed relief that Viliena is facing justice, but they remain deeply concerned about their safety and the safety of their loved ones. Martyr’s mother and sisters still live in Les Irois, where they are vulnerable to retaliation. The victims have been forced to live in hiding, unable to return to their homes or resume their normal lives. The Center for Justice and Accountability has called on authorities to provide them with protection, but the risk of retaliation remains high.
The victims’ plight underscores the difficult and often dangerous journey of seeking justice for human rights abuses. While the civil trial provided some measure of accountability, it does not erase the trauma and suffering that the victims have endured. Their story is a reminder of the resilience and courage of those who seek justice in the face of overwhelming odds, as well as the ongoing challenges of protecting vulnerable individuals and their families from retaliation.
Conclusion: A Test of Justice and Accountability
Jean Morose Viliena’s trial in Boston is more than just a legal proceeding; it is a test of justice and accountability for human rights abuses committed in Haiti. The case has brought attention to the broader issue of foreign officials accused of human rights abuses seeking refuge in the United States. While Viliena’s lawyers argue that he is innocent, the evidence presented in the civil trial and the allegations outlined in the indictment suggest a pattern of violence and abuse of power that cannot be ignored.
As the trial proceeds, it will be important to consider not only the legal implications for Viliena but also the broader implications for human rights accountability. The case serves as a reminder of the importance of holding individuals accountable for their actions, regardless of where those actions took place. It also highlights the challenges of ensuring that victims of human rights abuses can seek justice and live safely, free from fear of retaliation.
For the victims and their families, the trial represents a chance to see justice served, but it also brings back painful memories of the abuses they suffered. Their courage in coming forward and seeking accountability is a testament to their resilience and determination. As the trial unfolds, the world will be watching to see whether justice will be served and whether those responsible for human rights abuses will be held accountable, no matter where they are found.
