There is sometimes a blurred line between being the author of a criminal act or a victim of unjust circumstances. It takes a perceptive and compassionate legal professional to distinguish between the two. For Mary Katushabe, a Rwandese defense lawyer, the ability to separate a criminal act from an act of desperation is a natural instinct. In countries in which certain fundamental legal norms, such as the presumption of innocence, are not fully internalized, a defender with Mary’s talent is rare.

Mary has been practicing law for less than two years. She has attended two Legal Defense and Human Rights training events hosted by the IBJ Rwanda Program. She has been outspoken in both, never fearing to initiate a debate when judicial expediency is valued over human rights concerns. She has agreed to volunteer with IBJ, and has already taken many cases. It is the dedication of people like Mary that make the work of IBJ possible.

Above: Mary Katushabe - IBJ Rwanda Legal Defender (Photo by Patrick Pratt)

In July, Mary took the case of a young lady, an orphan, who has been accused of infanticide. The young girl, whom we will refer to as Hope, had been taken in by a family after both of her parents died. She fled the household after repeated mistreatment by the adoptive father. After leaving, Hope learned that she was pregnant. She had few people to whom she could turn. Upon approaching the boy whom she claims impregnated her, he denied his involvement in the conception. Prenatal or maternal care for most young girls in such dire situations is widely unavailable in Rwanda. Coupled with poor living conditions and insufficient nutrition, the incidence of miscarriage or premature birth among young girls is high. Young, uneducated, and destitute, Hope had few good options.

To secure a livelihood and stable housing, many young girls in Rwanda undertake domestic work. Hope took employment with another household, yet over time became too weak to perform her duties. She describes the mistreatment she received from the father of the household as worse than she received at her previous residence.

One day, Hope went to the toilet room thinking that she was experiencing digestive pains. As soon as she positioned over the toilet basin, the baby began to come out. Hope claims that when she realized this, she tried to stand up and go outside. In the process, the baby somehow exited and fell into a bucket of water in the toilet room. The baby died, and Hope was arrested shortly thereafter.

The initial charge levied against Hope was abortion. This was later changed to infanticide. Hope has been imprisoned since April, 2008; and made her first court appearance in June, 2010. Mary has taken the case as an IBJ volunteer.

The story of Hope is one of choice and circumstance. She was in one of the most desperate situations in which any young girl can find herself: She has no family, no means, and was then in a situation which would have brought another life into the same circumstances. Hope could depend on no one, and then found herself in the position of having another life dependent upon her. The story of Hope represents the difficult choices people must make and the difficult circumstances with which they must deal.

Above: Mary and her peers at the 2009 IBJ/KBA legal defense training in Kigali. (Photo by Jesse Blaisdell)

Whether the death of the newborn was accidental or intentional, there is no justice as long as Hope is kept behind bars, voiceless, without a trial for two years. Mary is committed to ensuring that people such as Hope are afforded due process under Rwandan Law. And as long as such cases keep justice out of reach of the vulnerable and destitute IBJ will offer its unconditional support to dedicated defenders such as Mary Katushabe.

The 10th of December is a day of remembrance, remembrance of the victims of human rights abuses. It is also a day to pay tribute to those who have stand up for their rights. Finally the 10th of December is a day of celebration; celebration of all the progress that has been made and celebration of what needs to be accomplished to achieve Rule of Law in every corner of the globe.

On this special occasion, IBJ intends to remind international, national and local communities of its particular approach to human rights - protecting the legal rights of the people who become victims of unchecked justice systems - and renew its commitment to fair justice systems through a series of consciousness-raising activities across its country programs.

IBJ West Bengal Fellow Abhijit Datta is embarking its organization, MASUM (Banglar Manabadhikar Suraksha Mancha), in a large human rights fair that will be held this coming Thursday at the vicinity of Academy of Fine Arts of Kolkata. Abhijit rallied support from other grassroots civil rights and human rights organizations. Together, they will coordinate exciting awareness-raising activities: an art exhibition will depict pictures of human rights violations; booklets, publications and other materials informing citizens of their legal rights will be widely distributed; public orations - including testimonies of victims of abuses - will be organized throughout the day. Big awareness-raising banners will be displayed at strategic places at the Indo-Bangladesh border, where minority tribes are particularly vulnerable to human rights violations.

Above: Burundian kids hold a poster reading “Burundi moves forward against torture” during the 26th of June rights awareness campaign in Bujumbura (Photo by Nathalie Mohadjer)

Abhijit’s efforts will be echoed by Astère’s, IBJ Burundi Fellow. IBJ Burundi team left yesterday for the North-West province of Cibitoke where a street law campaign will be conducted. The team will be dispatched at strategic places of the city and will engage the local population in constructive discussions about their rights and responsibilities within the justice system. Men, women and children will be put in the situation of being arrested for a petty crime and asked what they think their legal rights are. Eventually, an engaging poster and memo card about their rights at time of arrest will be handed out to them. A round table discussion on alternative sanctions to imprisonment will be conducted the day after. The platform will unite legal practitioners with magistrates, prosecutors, police officers and prison officials and put them on a path towards reforming the justice system.

A similar on-street canvassing advisement of rights campaign will be organized in Cambodia, where IBJ Fellow Ouk Vandeth and the rest of the team will capitalize on the 25 campaigns held throughout 2009 to make sure local population are best approached, engaged and educated about their legal rights in case of arrest.

On the lake at night with lantern trap fishermen off in the distance - Photos by Ian MacLellan 

Located on the shores of Lake Victoria, Kisumu is a city known for its fish. Lake Victoria is cool and dark at night, but the importance of fishing to the local culture led us to the lake one evening.

We joined the captain of a 10 men fishing boat for a night of fishing, wading onto the rowboat at eight in the evening and staying on board until six the following morning. We crept along the beachside keeping the lights low. The fishing industry has suffered greatly of late, and the much sought after Nile Perch and Tilapia species are in decline. The fishermen are weary of police patrols who enforce regulations by force or by payment.

Fishing here is a taxing profession. The men work all night long. They row out onto the lake, each stroke in rhythm, while the captain directs the boat from the stern. Once they reach their mark, they drop the net and row back to shore. On shore, the fishermen plant their feet firmly on the rocky lake bed and reign in the net by hand, one pull after another. Pulling in the nets alone can take over two hours. They store their catch and row out again.

We take a break on the beach while the fishermen store their boat far from prying eyes. Two fishermen wait with us; one is called Junior and claims to be eighteen years old, although he looks considerably younger. The other, a man of 32, asks us if we see now how much fishermen struggle. He explains that many fishermen are orphans, and all are poor. But hard work pays, so every night he hikes up his shorts and heads out. It’s better then stealing and ending up in jail, he says.

Sitting crouched in the bow, we become accustomed to the feel of fish beneath our feet. Looking up at the stars and across the dark lake, our eyes fall at times. The fishermen however, persist, feet dangling over the edge, they work mechanically, silently. In the end, their catch is still too small to turn a profit since most fish are too small to be sold. They will take the catch home to their families - to subsist another day.   

Inside the GK Prison Saloon - Photos by Ian MacLellan 

Ian and I bought our first souvenirs today - woven baskets made by women at Kodiaga women’s prison - an appropriate first souvenir for our trip which has consisted of over a dozen prison visits. I always imagined prisons as steel bars and white cement blocks, uniforms and handcuffs. But here, I am surprised every time we cross the prison gates. At a women’s prison, children and babies greet us shouting ‘Muzungu, Muzungu,’ - white man, white man. Their mothers, dressed in the white one-pieces worn by convicts send them over to shake our hands. Children of tender age, 4 and under, are permitted to stay with their mothers when they have nowhere else to go.

Some women sit in the corridors talking and playing with their children. Others do the washing and lay clothes out to dry. We joined CLEAR Eldoret, affiliated with CLEAR Kisumu, who visit the prison regularly for legal education. The women’s prison is very different from what I have come to expect. At Kodiaga and Kibos, the inmates are far more inquisitive and assertive. They seem determined to understand the law, to file their appeals, and get out. In contrast, the women sit so far from Winnie, CLEAR’s student intern, I wonder if they can even hear her speak. They seem rather complacent, chatting, coming and going during the presentation. Or rather cultural norms have made them this way. Many are content waiting on their husbands and families to come to their aid.

Finally, one woman pipes up and asks a question. Winnie walks over to answer, and sits down down with her. We move from our seats and walk over as well, leaning in to hear her question, audible above a whisper. I realize that their quiet and reserved demeanor should not be confused with complacency. They want out. The food is terrible, their children don’t get enough to eat, and the bed bugs keep them from sleeping. But many women simply lack the capacity to take independent action. Educating women about their legal rights comes with its very own set of challenges; they need encouragement and a personal approach.

Dark clouds, and the whole affair comes to an end. The wash was left out on the field to dry and must be collected before the rain falls. Maybe it’s the relaxed atmosphere, the presence of children, or the G.K. Prison Saloon - a Government of Kenya beauty salon located just outside the main gates, but I find the whole experience to be rather bewildering. I don’t know if these women are any more informed by our visit, but I leave with greater respect for CLEAR staff. Change comes with time, and this work requires patience.

On Saturday June 13th, the Legal Resources Foundation (LRF), a Kenyan human rights group, organized a day of legal aid at Kodiaga, maximum security prison. Over 2000 remand prisoners are detained at the facility. 13 pro bono lawyers including Peter Onyango, an advocate with the Justice Makers project CLEAR Kisumu, provided legal aid to one prisoner after another, attending to over 100 cases over the course of the afternoon.Legal aid days are held biannually at best. While many lawyers are willing to offer pro bono services, the demands of employment or owning a practice make it difficult for advocates to volunteer time to additional cases. While CLEAR visits the prison regularly to speak with small groups of prisoners, Saturday’s event was unprecedented with hundreds of previously unseen prisoners pouring out from behind the prison’s high brick walls.The day provided prisoners with a rare opportunity to hear from, and question a state prosecutor as well as a resident magistrate from the court responsible for most criminal cases in western Kenya. Magistrate Ruth Maloba assured prisoners that the judiciary was taking measures against corruption and backlogs in court. She responded to lengthy criticisms from prisoners who stood up to raise their concerns, receiving applause from fellow inmates.Peter Onyango assisted a 57 year old man who was imprisoned in April 2008, but will attend court for the first time this July. He is charged with defilement, but while the person he is accused of defiling contracted HIV from the assault, he has tested negative. Moreover, his 20 minute meeting with a CLEAR advocate was the first time he has ever received legal counsel.Legal aid day came to a close with a feedback session allowing advocates and prison officials to identify the most pressing concerns facing remand prisoners. On any given day up to 80 Kodiaga prisoners can be called to court, while the prison transport vehicle only carries 17. With juvenile remand homes at capacity, 16-18 year old prisoners are now detained in the same facilities as adults, and are often subject to abuse.The group concluded that none are blameless. Advocates fail to appear in court, prosecutors fail to bring witnesses forward, and a magistrate on leave can bring all proceedings to a halt. And with few provisions for legal aid beyond what is provided by non-profits such as CLEAR, legal aid days are a necessity. CLEAR has followed up with some inmates, contacting relatives and writing letters to court requesting speedy trial and judgement.

Teddy Musiga, a law student at Moi University, Eldoret and CLEAR student intern has developed a legal awareness program for Kisumu students. For the past year, CLEAR has been visiting the law clubs of four local high schools, Kassagam, Kisumu Day, Kisumu Girls and Xaverian to educate  aspiring young lawyers about  Kenyan law and the judiciary.”We talk about our fundamental rights, and the things that affect us every day, like rape cases in the newspapers. When we have advocates we talk about contemporary issues” said a Xaverian student.  The group of 15-18 year-olds meet on a weekly basis to discuss law, and welcome Teddy’s input and instruction.An aspiring lawyer himself, Teddy’s enthusiasm for the law is evident in his lectures. He drops his papers and allows the students to ask questions and relate law to their own experiences. Teddy discusses where law comes from, why we need laws, and topics such as the sexual offenses act, children’s law, and the right to health and a clean environment.”We want them to one, pursue law as a career, and two, to act as para legals,” said Teddy. “People are very ignorant of the law, so we thought we could train a given number of people who can then assist others. And some of the things we are trying to tell them will reach their families as well.”At Kassagam the students are a little younger but they listen intently as Teddy illustrates the law of tort by pointing out the window at the playing field, explaining that if the playing field belonged to the farmer next door and a student was hurt while trespassing on the farmers land, he or she would not be able to sue for damages. However, if a student were hurt while in the school because of negligence by school officials they would be eligible to file a case.Student David Otieno values the legal program, “I wanted to learn law to know how to defend myself and to help other people, so I can argue with people that they must do the right thing.” Wrongly accused at the age of 14, he spent three months in juvenile before securing his release with the help of an advocate. Now he wants to become an advocate to help others in his community.Altruism aside, there is a dire need for advocates in Kenya. “For a population of 38 million, there are only an estimated 7000 registered lawyers in Kenya, and not all are in active practice,” said Peter. “People ask if we really need lawyers, if its a viable profession. Society seriously needs them, I always tell them that.”

Photos by Ian MacLellanEvans MUSWAHILI a finalist of the 2008 Justice Makers competition was announced the newest IBJ Justice Maker yesterday afternoon. IBJ Program Director, Sanjeewa Liyanage visited Evans at his home outside of Vihiga, Kenya under the pretext of visiting a finalist, surprising Evans and his family with the news.The Justice Makers Award is a grant of $5000 awarded to 8 individuals around the world. The award is decided online by public voting. Despite limited internet access, Evans and his supporters rallied together to finish10th in the competition.”We wanted to address gender based injustices and to reach out to women’s organizations. I told my friends, we will not be able to do this unless we convince the world that we need to do it, so go to the internet, register on the Justice Makers site, and vote.”Evans lost the competition in 2008, but his unwavering commitment to justice caught the attention of IBJ staff. In an email to IBJ, Evans declared that he was a winner regardless of the results because everyone is winner when justice is advanced in any part of the world.  When IBJ found the money to fund another project, Evans was one of the first finalists up for consideration.”It is good to learn that you could reach this village,” said Evans wife Ruth who welcomed IBJ staff to the family home, a small rural hut where Evans lives with his parents, wife and four children. “It’s just a wonderful day. When he lost, I told him there is still a chance, give yourself heart. And now we are very grateful.”"I feel empowered, very happy. Its a long wait but a worthwhile one,” said Evans. ” I would like to thank IBJ for their efforts, to help me finally get the means to carry out this project. I send them an early promise that I will do my best to make this project a success.”Evans’ proposal to tackle gender based injustice can be viewed at http://www.justicemakers.net/index.php?option=com_comprofiler&task=userProfile&user=276〈=en

Monday nights at 9:30, CLEAR staff Dennis Okore and advocate Peter Onyango are on air hosting a legal affairs talk show on Radio Nam Lolwe 97.3 FM Kisumu.

Dennis, a communications intern, has been instrumental in developing the radio program. “Apart from the need, we saw the radio show as a great pasture for anchoring some of our activities. We had the idea since CLEAR started and pushed it further.”

The radio show began two months ago in partnership with Radio Nam Lolwe which is providing air time free of charge. When CLEAR approached other stations they were asked to pay 200,000 shillings a month, approximately 2000 USD, too high a price for the small non-profit. 

A community radio station, Radio Nam Lolwe has been highly supportive of CLEAR’s initiative recognizing the need for greater legal awareness. In Kenya, radio is an ideal medium of communication, free and accessible to people in all regions. Moreover, many in the local community do not speak English, and are therefore unable to access daily newspapers.  Radio Nam Lolwe broadcasts in Luo, the regional language, and is able to reach those who are often excluded from wider national debate. 

This Monday’s show discussed the constitutional review process currently underway in Kenya. Kenyans have been attempting to develop a new constitution for the past three decades, a process riddled with controversies and partisan interests.

In December 2008, Parliament began the process once again, establishing the legal framework needed to support consensus building. Once a draft constitution is prepared it will be put to referendum and a majority vote will determine whether it is accepted.

While the body responsible for preparing the draft is mandated to educate the public on the revised constitution before it is voted on, many Kenyans remain unaware of the proposed changes, the procedure, or how they can participate in the process.

CLEAR’s radio program addresses the need  for public education on the legal issues which affect Kenyans most. The talk show accepts phone calls at the end of each session, allowing Peter and Dennis to respond directly to listeners.

Tuesday morning was an early start for CLEAR advocate Peter Onyango who set out for Oyugis, a small town south of Kisumu to represent a nine year-old girl in a defilement case referred to CLEAR by World Vision.On the 29th of January the girl was out buying food. On the way she met two men returning from a hunting trip who offered her a rabbit. She refused. Then, one of the men forcefully took her into the bush where he sexually molested and defiled (raped) her, later confirmed by a doctor in hospital. The people of her village found the man and arrested him.

CLEAR staff take few cases outside the city. With a limited budget, travel costs outside Kisumu add up quickly, and the four hour trip to the rural courthouse by bus, matatu, and motor bike can be very tiring. Although Peter arrived to court just in time, the defense lawyer failed to appear due to illness and the hearing had to be adjourned yet again.

Peter found the family of he girl walking quickly away from the courthouse after the court broke session. They were understandably frustrated, but Peter reminded the family that criminal proceedings take time and encouraged them to keep coming back to complete their case. Discouraged by the complicated and lengthy trial procedure, some families give up on their cases before the court concludes proceedings. They never find justice, and some are even sued later for defamation of character.

Many factors prevent families from pursuing justice, such as the inability to afford an advocate and interference with witnesses. But even the cost of traveling to the courthouse can be a barrier. This family is only able to attend court because of assistance from World Vision who drive them to and from the hearings.

The father explains that he wants to see justice done so that his daughter’s case is a lesson to others. But justice in Kenya is expensive, and without the support of a CLEAR advocate their case may not have proceeded as far as it has. Peter explains that this family requires constant encouragement, support a state assigned prosecutor with tens of such cases would not be able to provide.

Overall, the family comments that they have seen CLEAR’s assistance in a great way, even inviting Peter to visit them in their village. The next hearing is scheduled for the 7th of July, at which time the mother will present evidence.

Dedicated CLEAR staff Dennis Okore and advocate Peter Onyango braved the afternoon heat last Friday as they waited for permission to enter Kodiaga prison, Kisumu where CLEAR is providing free legal aid to prisoners. CLEAR has been visiting Kodiaga prison each Friday for the past two years, however securing permission to enter the prison is a weekly ordeal.

Kodiaga is one of four maximum security prisons in Kenya, and guards at the prison are rotated many times throughout the day. Although CLEAR has secured clearance from senior prison officials, poor coordination means that these orders rarely reach the prison gates. As a result, CLEAR staff encounter a new guard each week and are interrogated each time they enter.

“It is so discouraging, the challenges we face. The change of guards, the system, the structure, it’s just cumbersome,” said Peter. “There are times when you might go and come back without ever seeing them. But we don’t give up, this is the work and if we don’t do it no one will.”

While the delays are frustrating, senior prison officials are welcoming of CLEAR’s activities and a room has been set aside for legal education. Peter had asked to meet with only 10 prisoners, but over 20 filed into the small room. CLEAR’s weekly visits are a rare opportunity for prisoners to speak with an advocate to receive legal counsel as well as assistance contacting friends and relatives.

“Being a laymen, I thank them. We have a lot of ignorance and we don’t know our rights. Through their advice we are able to bring our cases to trial,” commented a prisoner. ”The most important thing is the duration which our cases stay in court. In our constitution we are told that we have a right to an expedient trial. Some of us are here for 4 good years and that duration is too much.”

Remand prisoners may wait months before receiving their time in court, and with repeatedly adjourned hearings, years may pass before they are found innocent or guilty.

One prisoner describes how he was arrested with 27 other men in a police raid 3 months ago. He has committed no crime, but has been ‘bonded to keep peace,’ an open ended charge leveled against anyone authorities find troublesome. He can secure his release by paying a bond of 100,000 shillings, or by finding someone to stand surety on his behalf. With no immediate relations and owning nothing more than his clothes, he cannot afford to post bail and will likely remain in prison indefinitely. Peter has written a letter to the court magistrate asking for the bond price to be reduced and made affordable.

While CLEAR staff try to assist inmates to the best of their abilities - taking on three new cases after this visit alone - the number of cases are too great and resources too few. However, Peter and Dennis will continue visiting the prison in order to bring justice closer to those who have the least access to it.