Mr Duvalier is himself appealing against the decision to try him on any charges.
The United Nations High Commissioner for Human Rights has also said Mr Duvalier should face justice.
This was the second time Mr Duvalier failed to appear at a court hearing.
BBC: Jean-Claude Duvalier fails to attend Haiti rights trial
Three previous attempts to hold the hearing had to be postponed when Mr Duvalier failed to turn up.
Yes, Duvalier was gone, but the military was still there and the threat to the people was ever present.
UNESCO: Jean-transcript | United Nations Educational, Scientific and Cultural Organization
Others sought refuge after the collapse of the Duvalier dictatorship in the late 1980s, according to the Migration Policy Institute.
Boats overflowing with migrants fleeing persecution under the regime of Jean-Claude "Baby Doc" Duvalier began landing on U.S. shores in the 1970s.
Haiti's former ruler Jean-Claude "Baby Doc" Duvalier has been ordered to appear in court in Port-au-Prince after failing to attend a hearing.
Mr Duvalier had filed a last-minute appeal to avoid appearing in court.
One of Mr Duvalier's lawyers says the case should be thrown out.
BBC: Jean-Claude Duvalier fails to attend Haiti rights trial
"With the case of Jean-Claude Duvalier, it is the whole credibility of the Haitian justice system which is at stake, " Amnesty said.
BBC: Jean-Claude Duvalier fails to attend Haiti rights trial
Mr Duvalier, 59, was allowed to go free after questioning on Tuesday, but a judge will decide whether his case goes to trial.
Mr Duvalier was just 19 when he inherited the title of president-for-life from his father, Francois "Papa Doc" Duvalier, who had ruled Haiti since 1957.
Jean-Claude Duvalier was just 19 when he inherited the title of president-for-life from his father, Francois "Papa Doc" Duvalier, who had ruled Haiti since 1957.
BBC: Jean-Claude Duvalier fails to attend Haiti rights trial
The new lawsuit follows growing calls from international human rights groups for Mr Duvalier to face justice for the alleged torture and murder of thousands of Haitians.
Unlike Mr Duvalier, Mr Aristide maintains substantial support in Haiti, although his party, Fanmi Lavalas, was excluded from the recent elections for what officials said were technical reasons.
Even after the departure of Duvalier, the military continued to harass and attack the radio station, to tear down transmitters and even to machine-gun the facade of the building.
UNESCO: Jean-transcript | United Nations Educational, Scientific and Cultural Organization
Mr Duvalier unexpectedly returned to Haiti in 2011 after 25 years in exile, prompting the Haitian authorities to open an investigation into crimes allegedly committed during his 1971-86 rule.
BBC: Jean-Claude Duvalier fails to attend Haiti rights trial
Last year, a judge ruled that Mr Duvalier should be tried for embezzling public funds but that the statute of limitations had run out on charges of murder, arbitrary arrest, torture and disappearances.
In January 2012, a court decided Mr Duvalier should stand trial for embezzling public funds but ruled that the statute of limitations had run out on charges of murder, arbitrary arrest, torture and disappearances.
Mr Martelly had eschewed any involvement in the growing opposition to the Duvalier regime in the 1980s, and only became politically active in opposition to President Jean-Bertrand Aristide, Haiti's first freely-elected president in 1991.
On Tuesday the UN - which has a large peacekeeping mission in Haiti - said it was a source of concern to see Mr Duvalier resurfacing at a critical time for the stability of the country.
Mine was a broader answer to, whether it is Duvalier or anybody else -- again, whether in power or out, coming into the country in a time of uncertainty, it is important that we focus on peace and we focus on the people of Haiti.
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