Moved by his father’s detainment by the police for six months without trial, Patrick Dunkwu has worked towards improving transparency in the criminal justice system in Nigeria.  He is a JusticeMaker after being one of eight winners of the JusticeMakers competition and was a recipient of the 2008 fellowship.

Patrick Dunkwu and Fitzpatrick Maria form the JusticeMakers team in Lagos, Nigeria. Photos by John Densky. Text by Chelsea McConnell.

In breach of the Nigerian constitution, the police force is known to arrest criminal suspects without allowing them to notify their family or a lawyer.  Patrick documented cases of prisoners being held for years without trial.  The detainment of accused people is further facilitated by the Holding Charge system, which gives the police the power to detain suspects while they are searching for, and gathering evidence against them.

Using his JusticeMakers grant, Patrick has mobilised a network of legal aid lawyers and paralegals to visit prisons, courts and police stations.  By arming them with mobile telephones, Patrick has helped detainees receive legal representation as early as possible, as well as ensure that their families are notified upon arrest. In his latest report, Patrick praised the ‘tremendous support’ from the Nigerian Bar Association who helped make his project possible, by encouraging its members to work with him.

A view from a prison cell of young Nigerians playing football in the morning.

Patrick has visited over 20 police stations in Lagos to offer immediate legal support to arrested criminal defendants, filed cases in courts to enforce their fundamental rights, and successfully conducted a human rights and legal aid training programme for paralegals and his local community.  So far, Patrick has ensured the release of 38 criminal defendants from unlawful detention, which was made possible by the volunteers stationed at prisons.

Patrick’s main challenge was the hostility he received from police officers in the initial stages of his project.  Through holding a series of consultations and meetings with senior prison and police officials, Patrick was able to pave the way for collaboration.  From the meetings, he received written confirmation from senior officials directing junior police officers to allow him access to criminal defendants.

The courts in Lagos were more often than not without electricity. As a result the accused are shipped back to prison and must wait often months for the next appearance.

In the future Patrick hopes to replicate his project in other parts of the country. A number of local NGOs in Nigeria have extended invitations to him for help with the development of their legal aid programmes.

Incredibly, Patrick was also recently (in January 2010) invited to Ghana by a local NGO to train lawyers and paralegals to replicate his project there.  The Ghana based NGO read about Patrick’s project through the JusticeMakers website.  While in Ghana, Patrick successfully trained 18 lawyers and 12 paralegals on legal aid delivery strategies and the use of ICT to deliver legal aid to prisoners.

“My lawyer friends working in big corporate organisations and who earns fat salaries always tell me that they do not understand my passion for defending criminal defendants almost for no material gains when I did not go to law school free of charge.”  Explains Patrick in a recent report that does not do justice to the amount of compassion he has.  “I always refer them to the biblical saying, that man shall not live by bread alone.”

Robert Kibaya used his JusticeMakers grant to establish a justice awareness project in his rural community of Kikwanda, Uganda. There are three objectives of Robert’s project – the first is educating people about their rights, the second is enabling them to have somewhere to report their injustices; and the third is monitoring the criminal justice system, ensuring that the proper procedures are being followed.

Members of the Community Criminal Justice Monitoring Committee taking notes during a training. Photos are by John Semakula, edited by Jennifer Westmorland.

A group of 10 individuals were selected and trained to become a criminal justice committee. The committee has been monitoring and scrutinising criminal justice practices in Kikwanda in order to bridge the gap between those working in the justice system and members of the community. To some extent, there has been damage and loss of faith in the criminal justice system of Uganda. Before Robert’s JusticeMakers project, those suffering from human rights violations did not have anywhere they could report their injustices to.

Volunteer lawyer Vincent Katuba (left) with members of the criminal justice monitoring committee. The committees consisted of a diverse membership - both men and women, and a range of age groups.

Now, however, the people of Kikwanda can request the help of the committees who report to Robert’s organisation the problems people need help with. In turn, Robert’s organisation provides advice and recommendations as to how the problems may be resolved. The work carried out by Robert has helped women such as Kizza, who is 70 years old and lives with her son in Kikwanda village. She depends solely on growing food in the small plot of land she owns in the village. Last year, Kizza sold off a piece of land to her neighbour for a small amount of money; the neighbour paid Kizza half of the money in cash and promised to pay the remaining balance a month later. However, 9 months later, the outstanding balance had not been paid. Kizza was informed by a member of Robert’s criminal justice committee that she would be helped if she went to the head offices. At the head offices Kizza met with Robert, who introduced her to one of the organisation’s volunteer lawyers. He was able to give Kizza a free legal consultation and resolve the dispute; Kizza was paid the outstanding balance owed within two weeks of Robert’s help.

Kizza aged 70 (right), who was helped thanks to Robert’s project.

Following the completion of the project Robert distributed evaluation forms to the people of Kikwanda. This was to determine the impact and effectiveness of his project for the community. Robert was met with an incredibly positive response – when asked if the project was beneficial and if they would like the project to continue 100% answered yes to both questions.

Scanned copies of the evaluation forms Robert handed out to the people of Kikwanda. The comments were translated by the committee members, and some were even filled-out on behalf of those can not write. The first one reads “We want lawyers to be available everyday to help us with law.” And the second says “I want the lawyers to keep around because they have helped in many ways.”

The evaluation forms demonstrated the high demand for projects such as Robert’s. A large number of people wrote requests for more lawyers to be available, more often, in the comments box of the evaluation form.

Patrick Semakula (left) and Vincent Katuba (right) are volunteers lawyers who assisted Robert with his JusticeMakers project.

Patrick Semakula, a volunteer lawyer who helped Robert, indicated the benefits of the project when he explained that the majority of people living in rural areas, such as Kikwanda, have never had direct contact with a lawyer before.

“According to the residents of the village, no lawyer or magistrate has ever visited the place (Kikwanda) on legal matters;” said Patrick Semakula, “so they (members of the community) were shocked when we introduced ourselves as lawyers.”

The people of Kikwanda have now been educated on their rights and know who to turn to when there is an injustice; thanks to the committees, the correct procedures of the justice system are being followed.

Thursday 10th December was International Human Rights Day. To celebrate, several of the JusticeMakers fellows held special events in their countries to mark the day. Chimwemwe, JusticeMakers fellow in Malawi, used the day as an opportunity to raise public awareness about his organisation - Paralegal Advisory Service Institute (PASI). Prisons in Malawi are overcrowded, particularly by poorer members of society who can not afford bail or the cost of lawyer. By training paralegals so that they are able to give free legal advice to prisoners, PASI is working to reduce the number of accused persons waiting in pre-trial detention.  Additionally, prisoners have reported acts of police brutality. PASI made a breakthrough agreement with the police that enables PASI paralegals to be present during interviews, thus safeguarding detainees from torture by abusive members of the police.

A PASI- trained paralegal is now permitted to attend police interviews and give support to the accused.

Chimwemwe marked International Human Rights Day by holding panel discussions with key stakeholders in the criminal justice system of Malawi. Chimwemwe worked hard to gather testimonys from victims of abuse and used them to provoke dialogue and thought around the issue of torture. The event provided prisoners with an opportunity to pose questions to the police and open a meaningful dialogue around this issue. Members of the media were also invited to report on the event. Chimwemwe hopes that the discussions will lead to an action plan and set of recommendations to follow after. The day was used as an opening for stakeholders in the criminal justice system to cooperate and find solutions for the issues raised.

JusticeMaker Fellow Chimwemwe from Malawi

JusticeMakers fellow for Democratic Republic of Congo, Franck Kamunga, organised an open day at Kinhasa University to commemorate International Human Rights Day on 10^th December. Franck is a lawyer working to repair the criminal justice system in Kinhasa. He has used his JusticeMakers grant to set up a free text messaging service and open phone-line in the city’s 24 police stations. Franck risks his life daily to protect defenseless women and ensure that they have access to legal counsel. Franck used the event at Kinshasa University as an opportunity to discuss International Human Rights Day with students.

Meanwhile in Geneva, the IBJ office held an event at Fenomeno Bar. The aim of the event was to commemorate International Human Rights Day and fundraise for IBJ’s projects. The evening was also intended to increase awareness of the problems IBJ is working to solve, such as ensuring legal counsel from the time of arrest. There was an entrance fee which included a free drink and a special cocktail was on sale called ‘Justice Juice’.  Evans Muswahili, JusticeMakers fellow from Kenya, made a special guest appearance as he was in Geneva for a conference with the U.N.

Left - right: IBJ’s International Programme Director Sanjeewa Liyanage, IBJ’s CEO and founder Karen Tse and JusticeMakers Kenya Fellow Evans Muswahili

Collecting the entrance fee at Fenomeno bar.

Evans with IBJ’s Programme Officer Fanny Cachat.

Inside Fenomeno bar.

On the left: Tim Scheu IBJ’s Innovation Manager wearing his JusticeMakers t-shirt.

IBJ-India and Delhi High Court legal service committee (DHCLSC) organized a Panel discussion on 25.9.2009. The topic of the discussion was “Access to Justice: common Hurdles & Challenges”. Senior Police officers from Delhi Police, Standing Counsel (Prosecutions), a Senior Doctor from department of forensic All India institute of Medical Science and renowned Academician participated in the Panel discussion to identify common hurdles and challenges in Access to Justice.

The event was inaugurated by Hon’ble Mr.. Justice Madan B. Lokur, Chairman, DHCLSC. Hon’ble Chairman remarked that DHCLSC & IBJ INDIA has taken this initiative on “Access to Justice: common Hurdles & Challenges” as there are several facet to access to justice which needs to be looked into. The purpose of holding the discussion was to find out some solutions to overcome those hurdles. Hon’ble Chairman, DHCLSC remarked that there is lack of awareness amongst the general public about the existence of institutions which provide free legal aid. There is also lack of awareness about entitlement of legal aid, which keeps it’s real beneficiaries away from it. It was emphasized that there are two important hurdles one is lack of awareness and second is lack of quality. Free legal aid should not be poor legal aid.

Panelist Mr.. Sunil Gupta Principal Law Officer, Central Jail Tihar addressed about the common hurdles which are being faced in case of under trials and convicts lodged in Tihar Jail. Mr.. Gupta informed that Delhi prison is overcrowded, and there are presently 11600 prisoners lodged in the Tihar Jail against its sanctioned capacity of 6200 prisoners. Around two year back the number of prisoners was 14000. Around 83% of the prison population comes from the income start which is less than 4000 per month. To arrange legal aid for such segment of the prisoner is a huge task and legal service committee is doing its their best to meet the expectation. However, the efforts are inadequate because of huge population of such segment. In Delhi, around 35% of the prison population come from outside and it is difficult for them to arrange surety after they have been granted bail by the courts as a result of which they continue to languish in the prison. Those who are unable to furnish surety in such cases, should be released on personal bond if the trial courts find them so fit. Another Hurdle in Access to Justice identified by him was illiteracy. Around 37% of the prison population is illiterate. In Delhi 83% of prison population comprises of under trials.

Dr. Sudhir Gupta, Department of Forensic Medicine AIIMS suggested that it is very important factor in Police investigation how a police officer has conducted the investigation. If he is unaware about the scientific investigation then it may be fatal to the case. Dr. Sudhir Gupta pointed out common problems faced by the IO during investigation of on sexual offences particularly in collection of sample and their perseverance

Sh. Karnail Singh, IPS remarked that everybody whose rights have been violated should have an access to justice. Generally a common man does not know the remedies available to him under the law. Quality and knowledge of IO are the most important factor in the quality of investigation. Sh. Karnail Singh pointed out that inordinate delay in the forensic report causes delay in the trial. Sh. Karnail Singh emphasized that Advocates have a significant role in justice Delivery system. It was suggested that punishment awarded should be reformative in nature. Sh. Karnail Singh expressed his concern on the issue that victim/complainant does not have much say on the entire system. Sh. Singh suggested that computerization of all the agencies involved in criminal justice system is essential part of effective criminal Justice System.

Ms. Mukta Gupta, Standing Counsel (Now sitting Judge of Delhi High Court) emphasized that lack of interaction with the clients is always fatal in the Court Case. An Advocate or Legal Aid Lawyers must do Good Homework before arguing the matter before a court. Inspection of Trial Court Record is always necessary before arguing the matter. She also informed about the guidelines issued by the High Court in sexual offences cases

Prof. S.C. Raina remarked identified that unnecessary adjournments is a curse to the right of the accused. Lack of awareness and Language Barrier is another factor in Access to Justice.

During the interactive discussion with Participants it was identified that low cooperation from the police is also a serious hurdle. Often people are denied of information about their case that is against them and denial in Access to counsel during interrogation is still a major challenge.

The event was concluded with the closing remarks by Secretary, Delhi High Court Legal Service Committee. The session came to an end by vote of thanks delivered by Sh. Ajay Verma, Advocate on behalf of IBJ (INDIA).

The Chief Justice of India gave a ray of hope to nearly .17 Million under trials languishing in jails for years despite being booked for petty offences. Hon’ble Prime Minister, Law Minister and Chief Justice of India unanimously impressed upon that some urgent steps are needed to secure their release as in many cases, their period of detention due to the slow pace of justice delivery system could have actually overshot the sentence that would have been awarded to them in case of conviction. Chief Justice of India said during the conference of Chief Ministers and Chief Justices of All States that every chief judicial magistrate had been instructed by the High Courts to be in touch with jail authorities to find out the number of under trials booked for petty offences. If they had served more than half the sentence that would have been awarded to them in case of conviction at a future date, then they could be “immediately released on a personal bond”, the CJI said, adding that the benefit of plea bargaining would also be available to them.

Hon’ble Prime Minister of India expressing deep concern over under trials said, “Many of them have been in jail for periods longer than they would have served had they been sentenced. This is indeed very disturbing. There have been pronouncements of the high courts and the SC on this issue but still their number in jails continues to be very high.”

In India there are almost 1,500 jails are accommodating 3.5 lakh inmates more than their actual capacity to accommodate 2.5 lakh prisoners. Approximately 70% of the jail population is made up of under trials, which means the number could be pegged at 2.45 lakh. Out of these, according to the Hon’ble CJI, 70% or 1.7 lakh were booked for petty offences.

The conference of Chief Justices and Chief Minister was held in New Delhi in which some crucial resolutions were also passed pertaining to the speedy Justice to under trial. It was resolved that the High Courts will make scientific and rational analysis as regards accumulation of arrears and devise a road-map for itself and jurisdictional courts to arrest arrears of cases taking into account average institution, pendency and disposal of cases and to ensure speedy trial within a reasonable period of time. Further it was resolved that The Chief Justices of the High Courts will expedite the matter with the respective State Governments for the purposes of holding of courts, in jail, of Chief Metropolitan Magistrate/Chief Judicial Magistrate or Metropolitan Magistrate/Judicial Magistrate, wherever possible.The Chief Metropolitan Magistrate/Chief Judicial Magistrate or Metropolitan Magistrate/Judicial Magistrate, shall discharge obligation keeping in view the principles of `Plea Bargaining’ as enshrined in Chapter XXI-A of the Code of Criminal Procedure, 1973, and confessions in petty cases. Advocate provided by the District Legal Services Committee/State Legal Services Authority be also deputed, wherever not deputed, in jail to work in the aid of under-trial prisoners for providing requisite services to them to present their case before the Metropolitan Magistrate of Concern Court, as the case may be.

These positive responses indeed will improve the Justice Delivery System to under trials. A lot needs to be done but certainly an initiative by Hon’ble Chief Justice of India will strengthen the faith of Under trials in Justice Delivery System.

“I don’t fear another man killing me here.”
-Wellington

(Photo by Michelle Ferng)

Wellington is a ‘recuperando,’ an inmate in a progressive Brazilian prison known as APAC (Associação de Proteção e Assistência aos Condenados). He feels safe here. APAC is a prison with 16 full time staff for 150+ inmates who guard themselves, cook for themselves, garden, make kites and chairs, give tours, and hold the keys to the front door. APAC is located between a dump on the left and a cemetery on the right. Prisoners joke that society feels the only future option for inmates is either the trash or the coffin. Either way they go, their fellow inmates are the ones guarding the doors to let them in or out.

The President of Itauna’s branch of APAC, Mr. Valdeci Antonio Ferreira, told us how he became involved with APAC.

“I’ve worked for 25 years with condemned men. When I went to see another prison today I realized that I am starting all over again, like I’m starting my first fight.”

Many communities reject APAC jails because they are uncomfortable with prisoners holding the keys to their own cells. Wellington told us that now people in Itauna “like living next to APAC. They have fewer problems with the prisoners that they do with their neighbors.”

Criminals who have committed a range of offenses, from homicide to robbery, are admitted into APAC. Some dispute the accuracy of the statistics, but APAC return rates are 8.4% compared with a national average of 80% and a world average of 70%. Between 300-400 people visit the prison each month to see how this is possible. The motto of the prison is “a man is greater than his errors.” Wellington echoed this sentiment, “ what crime I committed is not who I am.”

There are 24 APAC prisons in the State of Minas Gerais, more than 100 in Brazil and APAC has model prisons in over 27 countries across the globe.  The cost of one prisoner at APAC is $250 USD/month. The cost of one prisoner in a common jail in Brazil is about $1,000 USD/month. Prisoners in the ‘open-regimes’ are allowed to leave the prison every morning at 6am to work, go to the doctor, run other errands and must return back by 7pm. APAC prisons are divided into three regimes. These include open, semi-open, and closed. Each regime is not allowed contact with the other. In order to move up the ranks into the ‘open regime’ a prisoner needs to demonstrate good behavior and a commitment to APAC’s goals, irregardless of the crime he or she committed. Open regimes are coveted as they allow prisoners to work outside of the prison and see their families on a regular basis.  However, when an APAC prisoner leaves the premises he is usually accompanied by a volunteer. Out of 25,745 times this has occurred only 6 individuals have not returned back to the prison. Over a period of a few months, prisoners in the closed regimes, if they have good behavior, may be approved to move to the semi-open regimes and then eventually to the open regimes. APAC is trying to emphasize that these people are men and women who have the potential to change. They are not ‘just prisoners.’

Over 90% of inmates who first come to APAC have drug problems. Wellington spoke about the importance of religion for these prisoners facing tough circumstances.  He intimated there is a strong preference among convicted men for disbelief. But Wellington says he will keep his religious convictions alive. Yet, Wellington knows that however hard he may try to reform,  society will place a permanent stigma over him. He reminded me of a passage from the play  Life is but a Dream:

“Those stars, that too far up from human blame,
to clear themselves, or careless of the charge
still bear upon their shining shoulders all the
guilt men shift upon them.”

Prisoners face both these stigmas and stagnant prison conditions. The Floramar prison that the IBJ team covered earlier this Summer rioted the night we were at APAC. Prisoners cited reasons of overcrowding. Most prisons in Brazil are over capacity and swelling with more people each day. The law states that each prisoner should have 6m squared of personal space. A man might be greater than his errors, as APAC’s motto states, but he rarely has the space to prove it.

Before we left, a man named Guilherme gave us a tour of the semi-closed and closed regimes in APAC. He showed us the gardens where they grow their own food overlooking a valley. As we concluded the tour he reminded us,

“If we wanted to, the prisoners have the keys, we could all walk out of here right now.”

To date, only 6 ever have.

A sign on the wall reads: The prison is not behind bars, nor is liberty found in the street. There exist both imprisoned men among the streets and free men in prisons. It is a matter of conscience. (Photo by Michelle Ferng)

Above: Inmates spend time reading and strolling through the buildings. (Photos by Michelle Ferng)

Above: A staircase is shown leading out of APAC prison into the jail’s gardens where inmates are responsible for growing their own food in a semi-sustainable living program. (Photo by Michelle Ferng)

Above: An inmate savors a moment of solitude as he looks into the distant mountain range. (Photo by Michelle Ferng)

Above: Inmates are allowed to work with all sorts of heavy equipment and machinery in APAC’s furniture workshop — a rarity considering the fact that most other prisons take serious precautions against any personal possession of potential weapons. (Photo by Michelle Ferng)

Above: APAC inmates produce a number of goods for sale, ranging from furniture to sandals to bread. (Photo by Michelle Ferng)

Above: An inmate smiles from an office window above. (Photo by Michelle Ferng)

Seven months into their program to combat police torture and fight for human rights in the traditional courts Buhle Dube  and his team of JusticeMakers have started to look to the future.
After receiving an offer from the Mkhwanazi Attorneys to take on Hlengiwe Msibi’s case and observing a drop in reports of abuse and torture  the team is moving onto phase two.
Moving forward, Dube notes, does not mean that previously visited areas will be left behind.
“There is a booklet that carries all the presentations that have been made to them,” Dube explained. “What we’ll do will be to go back distribute these booklets to the very same communities and our interactions with them at that level will let us know if there has been an impact.”
Currently participating in a legal fellowship in the Hague, Dube has left the day-to-day operations to his second-in-command, Alfred Magagula, AMICAALL  Aids program coordinator for the Matsapha Town Board.

Alfred Magagula clarifies a point during a workshop with community police in Ngwenya. (Photo by Nicholas Loomis.)

According to Alfred the JusticeMakers will soon expand the scope of their activities.

“We are working on so many things for the second phase of this project,” Alfred said.

“For now the project is on the community police but it’s not the only focus it’s just that this has been the start.”

Alfred foresees the JusticeMakers expanding to tackle the issue of human rights at a national level.

Alfred Magagula leads a discussion during a workshop with community police in Ngwenya. (Photo by Nicholas Loomis.)

“Maybe the first activity will be to do a campaign on human rights nationally then it will make it much easier to even visit the prisons and the other holding centers,” Alfred said.

“If the whole community has a clear understanding of this concept it will be easier even for the prison authorities to allow us to teach the prisoners.”

Gugu Simelane gives a presentation on private arrest during a workshop with community police in Ngwenya. (Photo by Nicholas Loomis.)

To help the JusticeMakers achieve these ends Dube, and Alfred co-founded the Centre for Human Rights and Development, the rare Swaziland based human rights NGO.

Gugu Simelane, JusticeMakers communication intern, thinks Dube and the CHR are changing the culture and creating a new future for the country.

“You could actually say that it is training a new generation of lawyers in Swaziland,” Gugu said.

Gugu Simelane interacts with community members during a workshop in Matsanjeni. (Photo by Walker Gunning.)  

“I never thought I would end up in human rights before but I am looking forward to working for CHR. Then from there I want to go do my masters in the human rights realm.”

Above: Two security guards escort a prisoner to his trial at Forum, the civil and criminal courthouse in Divinopolis, Brazil. He is accompanied by Alessandro Garcia Silva (last photo, second left), a criminal prosecutor at Forum. Prisoners at Forum usually come from Presidio Floramar, an adult prison depicted here. (Photos by Michelle Ferng) 

“There are no romantic crimes anymore, no more crimes of passion. Crime is now about drugs.”

Lawyer Antonio Ailton Rosa explained the changes taking place related to crime in Brazil.

“Over the past two months there has been a crime wave,” he nodded, which has resulted “in more homicides at this point than all of last year.” According to his knowledge, “all this new crime is related to drugs.” Ms. Cecilia Neves Silveira, IBJ’s in-country contact, showed us a book of Brazil’s criminal code at Antonio’s office that defines 24 ways to be a drug dealer. Drug trafficking is not actually a ‘permanent crime,’ such as kidnapping where a criminal is committing an on-going offense that permits police officers to search a house whenever they choose. Under Brazilian law, arrests for non-permanent crimes can only be made during daylight hours with a warrant from a judge.  However, Antonio taught us that the police behave as if drug trafficking was a ‘permanent crime’ and they invade houses in the middle of the night without judicial permission.

“This behavior,” he told us, “results in many innocents being arrested.”

What is most interesting to Antonio, amidst all this crime, is “witnessing the beginnings of a criminal mind.”

(more…)

I needed money. A drug dealer wanted me to teach his dog how to bite. He paid me in cash. And so I did it. But the dog didn’t want to learn, it was hard work, but I taught the dog. One day the police came in searching for drugs. He’d stashed 50 kilos of weed in the dog’s house. I had to hope the dogs would bite.

- Bembem

(Photo by Michelle Ferng)

The police officers were too preoccupied with the dogs. They did not find the drugs. Bembem was allowed to walk out of the house with his life. Bembem is an older man who has been incarcerated so many times he lost count. He told his story of growing up in Brazil’s prison system:

“It doesn’t matter if you are in prison for one day, one week or one month, you are there one moment and you are part of the system for life.

(more…)

Above: Judge Dalton Soares, respected for his efficiency and service record, discusses the merits and distortions of Brazil’s legal system. Soares works in Divinopolis at Forum, a civil and criminal courthouse. 2008 JusticeMaker Aziz Saliba is producing a video in Divinopolis to educate the general public on habeas corpus and the legal profession on their options to appeal to the Inter-American Court. (Photo by Michelle Ferng)

The Civil Police in Brazil have different responsibilities under the Constitution from the Military Police and are responsible for conducting investigations. This station in Divinopolis has ten detectives. They receive approximately 80,000 cases a year.  (Photo by Michelle Ferng)

Over the past few days the IBJ team in Brazil has been conducting interviews with a number of judges, policemen and teachers. Each had a different area of expertise. Yet, when asked what would make their jobs a lot easier, all responded with the same answer, “better education” for their colleagues and the general public.

2008 JusticeMaker Dr. Aziz Saliba is creating two educational videos for Brazilians on the rights to habeas corpus and the Inter-American Court. We discussed Dr. Saliba’s project with Judge Dalton Soares of Divinopolis who told us “I don’t believe I’ve ever seen a program like this in Brazil.” He agreed “Society must confront crime by not only focusing on repression, crime should also be faced with education.”

Dalton also commented on the practicality of programs like Dr. Aziz’s project. He instructed us, “When it comes to this country you must keep in mind the continental proportions of Brazil. The mere quantity of prisoners and cases to be solved.”

A new report in Veja this week noted that Brazil’s Supreme Federal Tribunal handles so many cases that in 2007 it was allowed just 15 minutes to judge a case. In 2009 the Tribunal is now allowed 27 minutes.

The Civil Police also must deal with more cases than their staff can handle. Carlos Roberto dos Santos, Sub Inspector of the Civil Police in Divinopolis, told us that he has a team of ten detectives investigating on average 80,000 criminal cases a year. When asked what would help them with their overwhelming workload he responded, “Education, more education for the people and the families.”

Ms. Jomara Ribeiro de Carvalho, a professor of International Law at Faculdade Pitágoras, envisioned for the IBJ team how educational programs on legal and human rights in Brazil might work. She agreed that education is important, however, “in Brazil’s case, education is most effective when it starts with children and youth.” She believes that an educational program related to legal advocacy would best be “channeled through television or religious institutions” as she noted that church groups and international media are already so active in family and individual education across Brazil.

Ms. Carvalho gave the IBJ team some closing words of advice, “Teaching human rights or legal rights in Brazil can be difficult” because “the first Brazilian commissions on human rights were always related to prisoners, criminals and those on the margins of society.”  On top of this ’stigma,’ Ms. Carvalho noted that “most people when they see police in the street they ask themselves, ‘Am I safer with or without the Police here?’

She agreed that the troubled state-society relations and continued racial profiling can make people reluctant to learn about their legal rights. But she added,

”Yes, they might be reluctant to learn until they have a problem they can’t solve. Then everyone wants to learn.”