Very often, lawyers feel isolated - and overwhelmed by their responsibility of people’s fundamental freedom. Bringing them together helps build the movement for legal rights in their country and around the world. The global movement for legal rights will be given a kick-start over the coming weeks, as IBJ Asia and Africa Fellows gather for a 10-day Summit in Singapore, where IBJ has recently laid the foundations of the Justice Training Center.

From August 8^th to August 14^th, eight IBJ Country Fellows from Burundi, Cambodia, China, India, Rwanda and Zimbabwe will meet to discuss a path towards their ideal of justice, receive training in criminal defense and learn from each other’s experience. The Fellows will be invited to explore their personal stories, reflect upon their motivations for pursuing a legal career and imagine an ideal justice system in their country, beyond the discouraging circumstances they sometimes face. They will then receive motivational training in legal techniques, including case strategy development and trial advocacy. These sessions will equip the Fellows with the leadership qualities they need to organize the legal community in their countries and achieve their vision for justice. Experienced Singaporean defense attorneys will engage in discussions with the Fellows to share insights about their role in the criminal justice process and their ways to overcome challenges.

Above: Bonding moments between the Fellows and IBJ Staff last year at the Fellows Summit (Photo by Sanjeewa Liyanage)

  The Country Fellows will be joined in their discussions by the eleven 2010 Asia JusticeMakers Fellows from Azerbaijan, Bangladesh, Georgia, India, Indonesia, Malaysia, Pakistan, Philippines, Sri Lanka and Vietnam. The JusticeMakers will give short presentations on their projects, including the challenges they face and their strategies for achieving their project objectives. The intensive, six day event will include cross-disciplinary training in areas including criminal defence skills, leadership, public speaking and negotiation skills, giving them the opportunity to strengthen the skills that will be vital to the success of their projects. Additionally, the JusticeMakers fellows will participate in sessions on fundraising, fostering motivation and harnessing volunteer resources, to arm them with the tools they need to achieve their long-term visions for criminal justice. The JusticeMakers will also be hosted by the International Relations Committee of the Law Society of Singapore, who will lead a discussion on ‘The Work of International Bridges to Justice in Developing Countries’ with the participation of Philip Jeyaretnam, one the 2010 Asia JusticeMakers Competition Judges.

Above: One of the 2010 JusticeMakers, Rasul Jafarov from Azerbaijan (center), holds a press conference to announce the start of his project which aims to educate prisoners on their right to counsel and early release.

August 12^th will mark the official welcome of the 2010 Asia JusticeMakers into IBJ Fellows Community. For the occasion, the Singaporean legal, business and diplomatic community is invited to attend a gala which will be hosted the same evening.

For the week of July 5th, over 65 members of Burundi’s justice sector community gathered in Bujumbura to receive training in legal techniques. The training was conducted by IBJ Burundi Program in partnership with the Burundi Bar Association and the Association for the Protection of Human Rights and Detained Persons (APRODH). IBJ Fellow in Burundi, Astère Muyango, hailed the training as a great step forward for Burundi’s justice system, which is still on a slow road to recovery after a 12-year civil war - which officially ended in 2005. Though there is much work to be done to strengthen justice in Burundi, the active and enthusiastic participation of all justice sector officials during this week offers an encouraging glimpse into the future.

The first three days of training involved lawyers in practical exercises intended to strengthen their ability to articulate and defend the rights of the accused in the pre-trial detention phase. Lawyers received lessons in common law practices such as cross-examination in preparation for Burundi’s integration into the East African Community. Many lawyers were actively involved in discussions, and were eager to share their experiences with criminal justice in Burundi. There seemed to be a consensus that this training has strengthened the commitment and competence of the legal community to defend the rights of the accused.

On the third and fourth day of training, judges, prosecutors, police officers, and prison officials attended the forum. All participants engaged in roundtable discussions to share insight about their unique function in the criminal justice process. The final day included a mock trial in which all justice sector officials were able to “trade places” to receive insight about the different dimensions of criminal defense. Lawyers were able to try their hand as prosecutors; while prison officials became judges. Prosecutors assumed the position of the accused, and police officers tried their hand as defenders. This exercise involved the case of accused persons who were held for three years until their innocence was determined.

There was no shortage of laughter throughout the mock trial. Participants enjoyed the chance to mimic the caricatures of their professional adversaries. As one police officer bravely received several “torture” sessions as an accused person, many in the audience applauded the performance. Sanjeewa Liyanage, IBJ’s International Programs Director, concisely explained the comedic value of the training exercise. “Many of us were laughing because what we observed seemed utterly ridiculous. And that is precisely the nature of the predicament in which too many detainees find themselves: ridiculous.”

All participants responded overwhelmingly positively to the training exercises. (Prison officials and police were only dismayed that they had not attended the first three days of training). For a country in which three in five prisoners are pre-trial detainees, the sustained engagement of all justice-sector actors is absolutely necessary to alleviate Burundi’s overburdened prisons. Burundi has yet to establish a legal aid mechanism or a separate juvenile justice system. As the country continues on the path towards reconstruction, these are critical areas to address. However, the prospects for the rights of the accused have improved as a result of this training. It will only take the commitment of the participants to turn these skills into results.

The IBJ Burundi program is headed by IBJ Fellow Astère Muyango, who brings with him a long track record of human rights advocacy. The closing ceremony was attended by Isidore Rufyikiri, President of the Bar Association, and Pierre Claver Mbonimpa, the founding director of APRODH. Both men are tireless defenders of human rights in Burundi, and both are IBJ Country Advisory Members. You can read more about them here, and more about the Burundi Program here.

Above: Burundi’s vibrant legal community gathered at the training (Photo by Patrick Pratt)

Above: A glimpse at the mock-trial that took place the last day of the training. (Photo by Patrick Pratt)

Above: Training participants included military judges, police officers, prison officials and lawyers. (Photo by Patrick Pratt)

Above: Group discussion at the training. (Photo by Patrick Pratt)

As last Saturday Burundi was, like the rest of the world, paying a tribute to the victims of torture worldwide, IBJ is embarking on a series of activities whose objective is to systematically promote the rights of the accused in Burundi, including the right to be free from torture. Three training sessions and several roundtable discussions specifically focusing on citizens’ basic legal rights will be conducted in partnership with the Burundi Bar Association and APRODH.

From July 5th to July 9th, Burundian lawyers will be brought together to brainstorm solutions to the crucial issues of rights at arrest and interrogation, pre-trial detention and access to legal counsel. Burundian lawyers’ trial skills will be enhanced through role plays, visual representations and group discussions. For the very first time, Burundian lawyers will get exposed to the adversarial process, in particular to cross-examination, which is particularly relevant in light of the recent integration of Burundi into the predominantly English-speaking East African Community. International trainer and US Public Defender Stephanie Slattery will urge lawyers to reflect upon her experience to gain the necessary boldness to carry the reform of their system. The training will integrate potential future instructors and equip them with the legal teaching skills they need to replicate small legal defense trainings to their peers.

On July 8th, a series of justice community roundtable discussions on the rights of the accused will be conducted to captivate the attention and imagination of lawyers, judges, prosecutors, police officers and prison officials in conceiving and implementing an efficient and equitable judicial future.

Finally, July 9th will see lawyers try their hand as prosecutors, police officers as lawyers, magistrates as accused persons, and prison directors as judges during mock-trial exercises. The hope is to make them become aware of the constraints each actor of the system face and make them realize how critical it is to join forces if they are to improve the administration of justice in their country.

As the country slowly advances towards democratic stability, it is crucial to integrate all the actors of the system to consolidate the progress made the past few years in promoting a fair and effective justice system in Burundi.

Above: Celebrating  the Victims of Torture on June 26 (Photo by Nathalie Mohadjer)

Above: Young Burundian males working in the streets of Bujumbura often are a target of legal abuses as they are not aware of their rights at arrest.  (Photo by Nathalie Mohadjer)

In addition to street law campaigns, IBJ Burundi, in partnership with APRODH, has begun running legal rights campaigns in Burundian prisons.

In Bubanza prison, on 29 March 2010, IBJ Intern Celesta Duivenvoorde explaining women their rights with the help of an APRODH officer for translation. Photo: Caroline Arnaud

Thus far, six campaigns have been conducted in the prisons of Bubanza, Ngozi (both the female and the male prison) and Bururi. The campaigns are primarily targeting the most vulnerable detainees, namely minors and women, with the objective of informing detainees on their legal rights, such as their right to be defended by a lawyer and for the time-limits of their pre-trial detention to be respected. The pre-trial detention rate of more than 60% of detainees in Burundian prisons is still very worrisome. The main interests of the detainees are to be provided with a lawyer and to know how the trial proceeds. To respond to the latter concern, IBJ staff has created an image explaining the process of the trial and the role of each actor in the courtroom.

Regarding their concern for legal support, both IBJ legal fellows, Herman Ndayishimiye and Janvier Ncamatwi, have committed themselves to supporting the detainees that are educated during these campaigns. Legal assistance is one of the main activities of the IBJ defender program. Consequently, Herman has already assisted for all the Bubanza minors, whose trials are currently in deliberation, and as far as Janvier is concerned, he is determined to assist all the minors that are detained in Bururi prison by the end of June 2010.

Detainees are shown a panel with this image, explaining the role of each actor during the trial.

During each campaign, the detainees gave the IBJ staff members a very warm welcome and showed a real interest in the subjects and asked many relevant questions. IBJ is deeply thankful for their contribution, because in the end, they are the ones who can bring about a real change by demanding their rights to be respected. Their eagerness to learn more about their rights is a great promise for the future improvement of the Burundian legal system.

In Bururi prison, on 5 May 2010. IBJ interns Celesta Duivenvoorde and Caroline Arnaud are educating minors about their rights, while IBJ legal Fellow Janvier Ncamatwi is gaining more information on the cases of his future clients. Photo: Astère Muyango

On the 22nd of April, IBJ Burundi held, in partnership with APRODH, a roundtable on the issue of the presumption of innocence. This roundtable gathered thirty stakeholders of the criminal justice system of Ngozi, a province in the North of the country, including the President of the Court of Appeal.

Above: Banner placed in a clearly visible spot of the city. Photo: Astère Muyango

Magistrates, prosecutors, lawyers, prison officials and police officers were invited to consider the implementation of the principle of the presumption of innocence in their daily work. After IBJ legal fellow Herman Ndayishimiye underlined how crucial the respect of this principle is, attendees were asked to recognize what the obstacles to its effective implementation are. Indeed, this principle is too often flouted. In a number of cases, there is, instead, a “presumption of guilt”. Lawyers explained that they are regularly expected to bear the burden of proof, instead of the prosecutor having to clearly establish the culpability of the defendant. One lawyer even said that he had to provide evidence that his client was a minor, which is undoubtedly one of the prosecutor’s responsibilities.

Above: IBJ Fellow Astère Muyango (left), the first counselor to the governor (middle) and a representative of APRODH (right), at the opening of the roundtable. Photo: Celesta Duivenvoorde

The relationship between magistrates and prosecutors was also addressed. The attendees all agreed that magistrates should make an effort to talk to defendants with the same consideration and respect as they do to prosecutors. It is useful to recall that one of the consequences of the principle of the presumption of innocence is that the defendant is entitled to a fair trial, where all parties involved are given the same rights and consideration.

Above: Magistrates trying to find solutions on how to overcome the obstacles to respecting the principle of the presumption of innocence. Photo: Celesta Duivenvoorde.

A very remarkable debate then took place between the attendees: while the police officers regretted the right of the defendant to remain silent up to the trial, which, according to them, does not help the defendant, lawyers explained that this is a strategy of defense. Police officers admitted to being tempted to arrest people that do not cooperate with them. This assertion led lawyers to respond that the police should restrain from arresting suspects until the culpability of a suspect is clearly established and that only then a suspect could be arrested, while the evidence is being collected.

Above: members of the Ngozi criminal justice system gathered to improve their justice system. Photo: Caroline Arnaud

The event ended successfully. Following interesting discussions, IBJ fellow Astère Muyango asked the participants to take concrete commitments to improve the criminal justice system. Everyone agreed to make a real effort to make these changes happen and IBJ committed to provide the necessary platform for the concrete realization of these great promises.

Great news for Burundian detainees: on the 24th of March, the President, Pierre Nkurunziza, circulated a decree which stipulates the immediate release of hundreds of prisoners. The decree targets several categories of detainees, among which, pregnant and breast-feeding women, juveniles, and convicted prisoners who are over sixty years- old. Many sentences are reduced, like several life-sentences that are now commuted into twenty-year prison sentences, except for severe crimes that are clearly indicated.

This act of grace, hailed by the international community, is aimed at decongesting the Burundian prisons. The prisons undeniably show a worrisome rate of occupancy, namely 277%, with the prisons currently holding more than 11,000 detainees while the prison capacity is 4,050 people. These overcrowded and sub-standard prisons are unable to meet the basic medical, legal and social needs of the inmates and to fulfill a satisfying role in their reintegration into society.This situation has been highlighted many times by IBJ, especially during the roundtable discussions organized throughout 2009 and 2010. During these events, the main members of the criminal justice system such as lawyers, prosecutors, judges, police officers, prison officials and representatives of the administration, are encouraged to come up with their own solutions to the challenges of the criminal justice system. The last roundtable, held in Rumonge, gave the opportunity to tackle the issue of pre-trial detention. Many detentions prove to be illegal and some detainees spend months, if not years, waiting for trial, because time limits of detention are very often exceeded. This phenomenon widely contributes to prison overcrowding. During the meeting, participants had suggested that a mass release of detainees would be an appropriate answer to address prison overpopulation.

Above: The roundtable held in Gitega in October offered the opportunity to tackle the issue of pre-trial detention, which is one of the main causes of prison overcrowding in Burundi. (Photo by Jean-Baptiste Bouzard)

Conveyed by the Burundian media - including Isanganiro and Bonesha radios which always attend these roundtables - and jointly with other non-governmental Human Rights organizations, the government seems to have heard our requests to increasingly promote respect of the procedure. This decree is a resounding success for the criminal justice system, and for the overall observance of Human Rights in Burundi, as prison conditions should be improved. This decree gives once more the opportunity to recall that freedom always is the rule and detention the exception, as portrays IBJ banners in rights awareness campaigns. The President’s spokesperson actually reminded that principle on the radio when the decree was announced. This growing consciousness of the need to increasingly uphold the criminal procedure and safeguard the rights of the accused with Burundi’s government is a truly inspiring dynamic for our work in Burundi.

Above: The IBJ panel that reads: “Freedom is the rule, arrest and detention the exception”. Pictured here during the legal rights street campaign in Cibitoke. (Photo by Caroline Arnaud)

Like every month, IBJ Burundi, in cooperation with our precious partner APRODH conducted on the 30th of March an awareness raising campaign to educate people about their legal rights. This month, the IBJ staff went to Kinama, one of the disadvantaged neighborhoods in the north of the Burundian capital, Bujumbura. To turn this campaign into a success, we received the invaluable help of volunteers from the ‘Association des Juristes Catholiques du Burundi’ (the Association of Catholic Jurists in Burundi).

The circumstances of this campaign were challenging: due to the Burundian electoral campaign, people could be under the impression that IBJ belongs to one of the political parties. We therefore doubled our efforts to present International Bridges to Justice as a non-political and non-partisan NGO, whose aim is to help any person that might get caught up in the criminal justice system.

Above: “freedom is the rule, arrest and detention the exception” placard is here to recall that IBJ is only here to help people. Photo: Celesta Duivenvoorde

 Once again, this legal rights street campaign proved to be a success: almost one thousand people were educated on their basic rights and, among them, 865 volunteered to be interviewed. For the first time, people actually applauded the campaign and explained that they need these type of activities to be informed on their rights. For example, a man approached Astère, the IBJ Fellow, and thanked him for explaining to him that in case he is arrested, he must be explained the reason of his arrest. He admitted that he believed that since the police has the authority of the Public Force, she does not have to justify when acting on behalf of the common interest.

Above: a young man is answering the questionnaire under the gaze of interested bystanders. Photo: Astère Muyango

When we left, the administrator came over and ensured us that everything had gone perfectly. He warmly expressed his gratefulness for the campaign and asked us to do these kind of activities more often in Kinama. We thanked him for his cooperation, which proved again that good cooperation with the Burundian authorities is a necessity to improve the criminal justice system.

From 23 to 25 February, IBJ staff went to Rumonge, a city in the south of the country, to conduct two activities. For the first time indeed, both a street law campaign and a round table were conducted at the same time, thanks to the invaluable help of six volunteers recruited by the local APRODH office. While the rural population was educated about its legal rights, stakeholders of the penal system gathered to find solutions to the difficulties of pre-trial detention. This issue remains a crucial challenge for the Burundian State in order to promote the rule of law, as more than 63% of Burundian detainees are awaiting trial as of the 31st of January 2010.

Above: IBJ Fellow Astère Muyango briefing volunteers who were to conduct the awareness campaign while IBJ staff would organize the round table. Photo: Caroline Arnaud

IBJ warmly thanks all the attendees for their participation. In addition to four lawyers who kindly traveled from Bujumbura, many members of Bururi and Makamba jurisdictions were present, such as the president of the Tribunal de Grande Instance of Bururi, the director of the Rumonge prison, and the Procureur de la République of Bururi. At the end, there were more than 25 people who tried to solve the delicate problem of pre-trial detention. After having indentified the challenges to an efficient penal system, the participants considered the possible causes of these dysfunctions.

Above: All the stakeholders of Bururi and Makamba provinces’ legal system gathered to find solutions to the issue of the pre-trial detention. Photo: Caroline Arnaud

They showed a real commitment to denounce the obstacles they encountered, identifying, throughout open discussions, what is not working. A new problem was pointed out: several police officers and members of the administration try to leverage a loophole in the law to arrest people for an offense which is not forbidden by the penal code. Indeed, many people are arrested for “consumption of prohibited alcohol”, while this alcohol, although dangerous, is not forbidden by the Burundian Penal procedure code. The aim of these illegal arrests is quite clear-cut: policemen do not release detainees unless they pay a semi-official bail. The participants strongly condemned this too recurrent practice and let themselves in for trying to make its consumption officially out-of-law. They moreover committed to several other concrete engagements, such as meeting each other on a regular basis, as a dialogue platform in which everyone express his difficulties is definitely lacking. Each participant made real commitments to improve the legal system within their capacity. Lawyers even proposed to offer pro-bono legal assistance to pre-trial detainees of the Bururi and Makamba provinces. IBJ acclaims this exemplary commitment.

These three-day events ended with everyone being willing to make change happen, for what IBJ expresses its profound gratitude.

Above: Divided in different groups according to their function, participants discussed about what they could do in order to improve the legal system in Bururi and Makamba province. Here lawyers discussing. Photo: Caroline Arnaud

On 26th and 27th January, IBJ Burundi organised a street law campaign in Kabezi, a commune located in the province of Bujumbura rural, 20 kilometres southwards of the capital. This campaign was already well-rehearsed, since it was the seventh awareness campaign brought into play by IBJ. IBJ team cooperated with its partner APRODH, which provided six volunteers, who conducted the campaign with IBJ and APRODH staffs, and indicated us frequented places.

Above: volunteers conducting the campaign. Photo: Caroline Arnaud

Kabezi administrator’s cooperation was also valuable as this activity could not have been conducted this campaign without his keen authorization. He further proved to be enthusiastic regarding IBJ’s mission and activities, asking for a copy of the new Penal Code, which he still hadn’t acquired since April 2009 when the new Penal Code got enacted.

Above: IBJ fellow Astère Muyango handing out the Penal Code to the Administrator of Kabezi. Photo: Caroline Arnaud

Here again, the aim was to explain basic legal rights to rural populations, including the right to access a lawyer should they be arrested. Too many people still think that if they cannot afford an attorney, they are condemned to self-representation. However, the population of Kabezi displayed a real interest in being educated, asking questions and assiduously listening to the answers. At the end, more than 150 people were individually interviewed, and nearly 1400 were sensitized. Even armed forces turned out to show a great interest in the rights of the accused: soldiers spontaneously joined the crowd, and some of them even asked to be trained on their legal rights.

Above: Astère Muyango interviewing a soldier. Photo: Caroline Arnaud

The change in this campaign was the environment where it took place. Kabezi has the characteristic to be really widespread, because the commune includes several hills. In this extent, the campaign was conducted on a 16-kilometre long territory, with groups of interviewers disseminated in little hamlets in the hills, and moving from places to places. This mobility enabled to access and educate more people, and to increase IBJ’s visibility on a larger land than if we had stayed on the same place.

The campaign ended with an enjoyable feeling of success. Rural people are indisputably concerned about their rights and its implementation. More significantly, they asked for cards - in Kirundi language - where the legal procedures about pre-trial detention are outlined. Thus, 190 cards and 60 posters where disseminated all over the territory of Kabezi. The campaign is still going on today, as posters and cards are circulating from neighbourhoods to neighbourhoods across the area.

Above: rural population getting educated concerning their legal rights. Photo: Caroline Arnaud

Each 10th December, the international community celebrates the anniversary of the Universal Declaration of Human Rights. International Bridges to Justice Burundi took part to this very special day, organizing a legal rights awareness campaign in Cibitoke, a province in the North-West of Burundi, near the Congolese and Rwandese borders.

Above: Rural populations gather around the IBJ team to get aware of the provisions of the newly revised penal code in case of arrest. Photo: courtesy of Jean-Baptiste Bouzard. 

 This campaign was a resounding success, thanks to the noteworthy support of our partner APRODH, which had recruited several local volunteers who generously helped IBJ staff. Local authorities expressed their support to this legal education initiative, and also contributed to the awareness-raising effort. In this extent, posters outlining people’ rights at time of arrest were displayed in several public places, such as the prosecutor’s office, the courthouse and other Cibitoke public offices.

Above : IBJ Fellow Astère Muyango explaining Human rights to a Burundian man, under the gaze of curious children. Photo: courtesy of Jean-Baptiste Bouzard.

Thanks to this precious help, the day ended with a lot of hope. Rural populations, often more vulnerable to abuses than populations in Bujumbura, were engaged about their legal rights at that time of arrest. IBJ team split in stands across the town to reach out to a maximum number of people. Banners which read “Liberty is the rule, arrest and detention is the exception” in Kirundi where displayed at strategic locations. Short questionnaires were handed out to people, which enabled to measure the level of the population’s knowledge regarding its basic legal rights. Then, people attracting people, many citizens spontaneously joined the group surrounding IBJ team, curious to to found out what the campaign was all about and to learn new things. Overall, 120 people were interviewed, and the number of people sensitized about their rights is estimated to be up to 577. Besides, little cards and posters, written in Kirundi, were distributed. The campaign clearly answered a curiosity that had remained unmet until now: rural populations left IBJ team with copies of the poster that they promised to distribute within their neighborhoods and communities.

Above: The hope of a new generation which has the skill to assert its rights. Photo: courtesy of Jean-Baptiste Bouzard.