On Friday, August 27th, twenty-two lawyers met at the Kigali Defender Resource Center to discuss ways in which they can create momentum in the legal aid community in Rwanda. This core group of volunteer lawyers comprises the Rwanda Legal Defense Task Force. They are dedicated to affecting systematic change in the Rwandan justice system and legal community. They enjoyed breakfast and tea while discussing the way forward.

The task force was challenged to address three critical questions; and broke into three separate groups to come up with answers. The first session involved defining the role of a volunteer lawyer. Patrick Pratt, an intern with IBJ in Rwanda, initiated the discussion of volunteerism with an account of his volunteer experiences throughout life. “To be a volunteer means to serve a cause higher than oneself; with the expectation that there will be little or no material benefit in return. Volunteerism means personal sacrifice for the public good.”

A Criminal Defense Task Force Focus Group discusses how the lawyer community in Rwanda can promote systemic change

Keeping with this theme, the first group addressed he challenges of volunteerism in the legal aid community in Rwanda. Though there is a sense of need, the fact remains that resources are needed to carry out the sometimes expensive process of representing clients. They concluded that advocacy and cooperation among lawyers is the best way to mobilize funds to carry this out. This also includes making visits to prisons and police stations to educate penal officials about the need for legal representation for the criminally-accused. All agreed that in order to facilitate volunteer activities, IBJ could help by providing support facilities such as research center and office equipment.

The second group of lawyers tackled the conceptual problem of defining an ideal legal aid system in Rwanda. The group seemed to reveal more problems than concrete solutions. They pointed to the lack of an overarching legal aid policy, and the corresponding lack of financial allocations in the national budget, to be the biggest obstacles towards systematizing legal aid in Rwanda. For example, the Rwandan Criminal Procedure provides that all Juveniles shall be represented by counsel at trial, and they cannot undergo trial in court without legal representation. However, there are no funds to enforce the law. The discussion group also pointed to the tendency of legal aid to be viewed as charity, rather than a legal right supported by public resources. They also acknowledged the need for public awareness about fundamental legal rights; as well as a more thorough understanding among “among local authorities, police, opinion leaders, community members, and [even] paralegals” of the right to legal representation. Though the problems confronting the establishment of a legal aid system in Rwanda are many, the discussion initiated by the task force signals a promising start.

The third group discussed the issue of each lawyer’s personal contribution, as well as that of the community of lawyers, to realizing solutions to the legal aid deficit in Rwanda. Suggestions for possible personal contributions include a commitment to rendering pro-bono legal services at least once a month or according to availability. This includes offering legal services at the prosecution level in prisons. There is also a need to personally advocate for the right to legal aid when interacting with other justice sector actors. This advocacy also extends to the national level; wherein a community of lawyers must collectively advocate for policy change; as well as engage the public to inform citizens of their legal rights. The ever-present issue of resources to support legal aid may be addressed in part by advocating for public funding, and for contributions of nongovernment entities and individuals. This includes personal financial contributions of lawyers themselves in some cases.

IBJ Fellow John Bosco Bugingo reviews the recommendations of the Criminal Defense Task Force

The common thread that bound all of these discussions was the issue of capacity. Resources are needed to affect any significant change in the legal aid system in Rwanda. Suggestions for capacity-building initiatives included an increased number and frequency of criminal defense training for lawyers, and a better-equipped Defender Resource Center at the IBJ office. Also, lawyers expressed the need to visit many locations in Rwanda, including prisons and detention centers, to gain a more accurate picture of the scope of problems facing the legal aid community. Without this information, it would be difficult to formulate an appropriate response to such pressing issues.

The issues which were discussed - and the corresponding problems and solutions - are the very things which IBJ is working to resolve. IBJ hopes to continue to address these concerns with public awareness campaigns, support for legal aid, and close cooperation with the Ministry of Justice to create a national policy framework for legal aid. Of course it will take the sustained cooperation of dedicated lawyers in the legal aid community, as well as the governing institutions of Rwanda.

As the lawyers finished their morning tea, and concluded the discussion, there was a residual sense of optimism. Many of them stayed long after the meeting to collaborate with fellow lawyers on workable solutions. Though the work confronting the legal aid community seems daunting, articulating such concerns creates a more accurate picture of the problem. This of course will require the continued engagement of the Task Force. Hard work now means that one day such serious conversation will not interfere with a good breakfast.

Next Wednesday, August 4th, Kenyans from Mombasa to Busia will report to the polls in droves to vote in a referendum on a brand new Constitution. It has been a hot topic of conversation throughout the summer, with headlines and nightly newscasts dominated by speculation about whether Yes or No will carry the day. Most polls indicate that the Yes camp is holding the lead with less than a week to go, so it’s appropriate to examine what a yes vote next week could mean for the Kenyan justice system.

A Yes rally in Kisumu last month drew a crowd of supporters wearing green to show their approval of the new Constitution.

The new Constitution could represent a shift for the justice system in two ways – first, it would re-organize the structure of the judiciary and the way in which judges are appointed, and second, and more importantly, in the new and much more extensive bill of rights, the rights of the accused and the imprisoned are addressed in a much more detail. In terms of restructuring the judiciary, the new Constitution provides for the establishment of a Supreme Court, which for those already convicted opens up a new avenue for possible future appeals. In terms of the appointment process, the new Constitution provides for the approval of presidential appointments to the judiciary by the National Assembly, placing at least some semblance of a check on the president’s power of appointment. Previous administrations have been accused of giving out government positions as political favors, so with approval from the National Assembly necessary as well as a committee in place to recommend appointments to the president, the appointment process will be much more transparent.

Though this box was spotted at the post office, the new appointment procedures could help curb corruption.

More important than the structure of the judiciary are the provisions in the bill of rights for those accused and those convicted and subsequently detained. For those arrested, some of the most important clauses in section 49 are that they have the right to communicate with an advocate, the right to be held separately from those already convicted, the right to be brought before a court within 24 hours, the right to be released on bond or bail pending a charge or trial unless there are compelling reasons for them to be held, and the right to remain free from remand custody if their offence carries only a fine or a maximum sentence of six months or less. Section fifty continues by elaborating the rights contained under the heading “fair hearing,” which include the right to have adequate time and facilities to prepare a defense, the right to be represented by an advocate, the right to be informed of and to have access to the evidence being used against them, and the right to have the trial begin and end without “unreasonable” delay. Finally, section 51 provides for the rights of the detained, stating that they retain all fundamental rights outlined in the Constitution except those that are incompatible with detainment, that each person has the right to petition for an order of habeas corpus, and that Parliament shall enact legislation providing for “humane treatment of those detained that takes into account relevant international human rights instruments.”

All of these clauses speak to current problems with the Kenyan justice system, particularly those that concern the timeframe within which an accused person should have an initial appearance in court and within which a trial should begin and end. One of the primary problems under the current Constitution is that trials and appeals tend to drag on for very long periods of time for a variety of reasons including the unavailability of witnesses or the lack of proper paperwork. Meanwhile, the accused languishes in remand custody for months or years, time that is sometimes not even taken into consideration during sentencing. Section 51 could be very important in improving prison conditions, addressing the major problem of prison overcrowding in its mandate of humane treatment that comports with international standards.

Peter Daniel Onyango, an attorney with CLEAR (Christian Legal Education Aid and Research) in Kisumu, addresses prisoners at Kibos Prison about what the new Constitution could mean for them. CLEAR was among the recipients of the 2008 JusticeMaker awards.

While the new Constitution could be an important step for the Kenyan justice system, some questions remain and some obvious ambiguities arise. For example, what constitutes “unreasonable delay” under section 50? Parliament may choose to further define the term “unreasonable” in a revised penal code, but it may also leave it undefined and leave the door open for long delays before and during trials. In addition, some implementation problems may arise. If accused persons are not to be held with those serving sentences and overcrowding needs to be relieved, much of the prison system would have to be reorganized and new prisons possibly constructed. These could prove daunting tasks, even with the four year allowance for implementation that the Constitution provides.

Even with these possible pitfalls and ambiguities, the proposed Constitution undoubtedly represents an improvement from the current regime. In restructuring the judiciary, along with other branches, and in providing a much more detailed bill of rights, the new Constitution is at least a step in the direction of much needed reform. Next week, Kenyan voters will determine whether they’re ready for that reform or not.

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.

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)

On June 12^th, 2010 about thirty Criminal Defence attorneys gathered in Coimbatore, India to learn about “The Role of Lawyers for Effective Justice.” The following day, the conference was held in Mahe, India where another thirty attorneys participated. These were the fourth and fifth events held by IBJ India after its First International Criminal Defence Training Program in New Delhi. Previously a panel discussion was also held in New Delhi in Sep 2009 and besides two training events held in Pondicherry and Kolkata last year.  Continuing on a path to raise awareness and teach ways to improve the issues affecting lawyers in India, the Coimbatore and Mahe conferences were successful.

Participants at Coimbatore Conference

A diverse group of trainers came to speak to the participants on a variety of topics throughout the day.  Sanjeewa Liyanage, International Bridges to Justice’s Program Director, flew in from Geneva, Switzerland and began the program with an introduction to IBJ, its purpose, goals, past events, and activities.  In a post-training survey, participants said they found this helped them better understand the organization as a whole.

Sanjeewa Liyange, International Program Director IBJ, Geneva speaking at the Mahe Event

After a short tea break, speaker Dr. K. P. Kylasanath Pillai, a Senior Advocate from Supreme Court of India, a recognized face in Kerela amongst Legal Fraternity and Academia, spoke to participants about the importance of cross-examination and how to effectively cross-examine a witness.  During this presentation, a training video from the IBJ Legal Training Resource Center was shown to the participating attorneys. Overall, participants thought this session was the most relevant and useful to their careers and rated it as the best of the sessions. They found Mr. Pillai to be a very motivational speaker.

Dr. K.P. Kylasnath Pillai, Senior Advocate Speaking at Mahe

Following this, Ajay Verma, Fellow IBJ, spoke on the client and lawyer relationship. In particular he gave a step-by-step instruction on how to conduct interviews and spoke on his personal experiences with clients.  Participants felt the information, teaching methods, and materials for this session were very good and effective.

Ajay Verma, Advocate & an IBJ Fellow,spokeon the lawyer-client relationship

After lunch, the conference resumed with a session on defense strategies by Mr. Pillai, who spoke on the various ways to effectively defend your client against the prosecution in trial. Hon’ble Judge K. Uthirapathy, Member Secretary Union Territory of Pondicherry Legal Services Authority, also came to the conference as a Guest Speaker and followed Mr. Pillai with his talk on the “Role of Lawyers in Initiation of Criminal Cases” and ethics and professional responsibility of attorneys. One participant said, “Learning about the professional responsibility and ethics of an attorney is very important these days and I think IBJ did well by presenting this in this conference.” This keynote address by Hon’ble Judge K. Uthirapathy was also inspiring to us; it made us realize how lawyers can be a strong support to the Criminal Justice System. His enthusiasm and passion was reflected by his stories and poise.

Hon’ble Judge K. Uthirapathy speaks at Coimbatore Conference

The final session after another short tea break was a reflection on what was learned and developed during the day’s conference. This Visioning exercise? also focused on what the participants thought should be improved in the Indian justice system and what their future goals are. This encouraged and motivated participants to take what they learned during the training and utilize it effectively in their respective practices.

On the whole, participants left saying they would recommend the training to others because it was interesting and they themselves are very likely to attend another IBJ conference if given the opportunity to do so in the future. Participants came from all regions and age groups– some just started their practice and have only worked on one case, while others had seventeen to twenty years of experience. Most fascinatingly, the participants in Mahe, a small town where there is only one judge who handles all kinds of cases, were particularly unique and diverse, including the president of the Bar Association and paralegals.  This inspired some interesting interaction because the Union Territory of Pondicherry Legal Services Authority (UTPLSA) is the only authority to have started the Paralegal System effectively in their area. The UTPLSA has trained the paralegals, mostly women, to help the fellow women in small matters, andit is said to be working effectively.

In all, the lawyers gathered not only to learn from the trainers, but also to share their own wisdom that they have acquired from a number of years of practice. Their individual input and feedback throughout the conferences added diversity and light to the events. Those less outspoken and more reserved even took initiative by the end of the day and actively participated. The success of such events is vital to the development and education of lawyers in India. With this positivity and drive, IBJ India is conducting our next event; a panel discussion on July 18^th at Kotputli, Rajasthan

Group Pictures of Participants & Trainers at Coimbatore

Group Pictures of Participants & Trainers at Mahe, Union Territory of Puducherry, India

Blog by Anisha Singh, IBJ India Intern

In Zimbabwe, the court is required, in certain instances, to hand down a death sentence. Under the Criminal Procedure and Evidence Act of Zimbabwe, this mandatory death sentence is imposed upon all persons convicted of murder. In November 2009, Sheperd Mazango, of Harare, was convicted of murder and subsequently sentenced to death, as required of the Court under law. Through his lawyer, IBJ-Zimbabwe Fellow, Innocent Maja, he is challenging the constitutionality of the death sentence and its compulsory application, and petitioning that the death penalty be replaced by alternative, yet equally severe, legal sentences.

Specifically, the case against the state argues that the death penalty offends human dignity, constitutes inhumane and degrading punishment, and amounts to an arbitrary deprivation of life, all in breach of express or implicit provisions of the Zimbabwe Constitution. In addition to the aforementioned constitutional violations, the fact that a sentence of death is mandatory also denies citizens of their right to fair trial, violates the principle of separation of powers by depriving the judiciary of one of their essential functions, and, in practice, discriminates against indigent accused persons.

The petitioner describes hanging, the method used in Zimbabwe, as “horrendous, barbaric, inhumane, brutal, and uncivilized.” It focuses on the significant delays characteristic of Zimbabwe’s death row, stating that delays in execution lead to anxiety and severe emotional and physical trauma, particularly given current prison conditions. The case centers on the idea that prisoners retain some rights, even after conviction. Most fundamentally, under Zimbabwe’s Constitution, it maintains that all citizens have a right to be free from arbitrary deprivation of life and a right not to be subjected to cruel, inhumane and degrading punishments.

Though the last execution happened in 2003, currently, there are at least 49 prisoners on death row at Harare Central Prison. In the past, executions have been suspended for years due to a lack of a public hangman. While they wait, prisoners on death row have to deal with horrendous prison conditions. In Zimbabwe, twenty-five men are held in a single nine meters by four meters cell. Food portions are meager and consist of barely edible or spoilt food. Unsanitary conditions in both the over-crowded cells and the kitchen threaten the wellbeing of all prisoners.

Innocent became involved in this case after a junior lawyer at his law firm, assigned to the matter on a pro bono basis, represented Mazango during the trial in which he was convicted of murder and sentenced to death. Immediately, they decided to challenge the death penalty based on his sentence. For the purposes of monitoring the progress of the case closely and media interface, it was filed through Maja and Associates, Innocent’s law firm. Thus far, an application to the court has been filed, and both Innocent and Mazango await the state’s response, while the legal team prepares heads of argument to file with the court.

A number of state-sponsored Zimbabwe newspapers have featured Sheperd Mazango’s case, giving it a fair amount of in-state media attention. Recently, international newspapers have also expressed interest in the case. This attention comes as a result of interest and awareness in Zimbabwe on the rights of the accused. Conversely, the case and the media attention it receives are likely to attract a wider audience to the debate on the death penalty and rights retained by the accused in Zimbabwe.

According to Innocent, “Most indigent persons in Zimbabwe, who cannot afford legal counsel, are given inexperienced lawyers to represent them. Oftentimes, this leads to conviction and death sentences. It is a denial of justice. The death penalty is atrocious, in that it takes away human life. Once a human life is taken away, the rights of that person are taken away as well. The mode of killing (i.e. hanging) is horrendous, inhumane, and degrading. It is torturous.”

Mercy Cheredi has recently begun working for Evans as a communications intern. She’s 25 years old and has a son called Denzel. Mercy plans to pursue a career in journalism and will be using her skills and talents to promote Evans’ JusticeMakers project through photographs, interviews and reports. Working on the ground in Kenya, Mercy has been the ‘eyes and ears’ for IBJ and contributed to this report.

In addition to the seminars and group discussions he has held so far for his JusticeMakers project, Evans Muswahili recently obtained a permit from the ‘National Environment Management Authority’ (NEMA). This enabled him to hold a roadshow on 6th March on the need for criminal justice reform in Kenya. NEMA is an institution of the Kenyan government that controls and manages the environment, including for example, regulation of noise pollution. Evans encountered delays for the roadshow because a permit is required from NEMA that will allow noise from the roadshow to extend beyond 30 meters – the legally enforced boundary.

Permit authorised by NEMA, an institution of the Kenyan government.

Evans is using his grant to help women in the Vihiga district of Kenya who suffer from discrimination and violence because out-of-date practices continue to be upheld in his community. He’s working to end gender-based injustices such as forced wife inheritance and underage marriage by enabling women access to the correct legal procedures. Before Evans’ JusticeMakers project, women were confronted with corrupt judicial officials, employers and village chiefs, with nowhere to report their injustices to, and no way of accessing a fair trial.

Female participant of the roadshow requesting help.

Over the past few weeks Evans has been busy with the logistics and preparation of the roadshow, including: hiring two vans, a public address system and creating publicity materials such as posters, brochures and radio adverts. Fortunately, he had a long list of volunteers willing to participate and help in the roadshow! The roadshow was held on 6th March and was used by Evans as an opportunity to promote his JusticeMakers project and generate public awareness of the work that he is doing. The day before, Evans and his team drove a van through the market towns and used the loudspeaker to publicise the event.

The van Evans hired for the roadshow.

For the roadshow, Evans and his team went to the Vihiga and Sabatia Districts of Western Kenya. Roadshows were held at Majengo and Mbale market-towns in Vihiga district and Stand Kisa market and Chavakali shopping centre in Sabatia district.

Evans (pictured with the microphone) addresses participants at Mmbale market.

Using the hired public announcement equipment Evans discussed the issues his JusticeMakers project is seeking to address, with a particular focus on the need for criminal justice reform in Kenya. During his speech, Evans talked about arbitrary arrests and detainment and the torture of suspects at the hands members of the police force. He challenged the community to take the lead in criminal justice reform and end the culture of bribing the police. He asked the public to support the police by volunteering information on wanted criminals. Evans explained that this was being encouraged and facilitated through the Kenyan government, and he urged citizens to make use of the recently passed ‘Witness Protection Act’. The Act was passed by the Kenyan parliament to guarantee the safety of witnesses through the establishment of a Witness Protection Agency.

Evans giving personal consultations after the roadshow.

As a concluding statement at each and every venue, Evans reminded women that his Justicemakers project sought to amplify their voices in their pursuit of justice. To this end, he invited them to share with him their concerns and opinions on the issues he had raised at the roadshow.

Evans (right) and his team of volunteers award a participant of the roadshow with a JusticeMakers t-shirt.

During the roadshow, Mercy talked with participants in private about their concerns and problems with the criminal justice system in Kenya. Mrs. Rhoida Lugovane, aged 39, explained to Mercy that her cousin operated a bicycle taxi and was arrested after one of his passengers lost their luggage. He is merely a suspect - effectively he is innocent until proven guilty – however, he has been waiting in prison throughout the three years his case has spanned. Mercy learned that due to lack of evidence the case is likely to be thrown out of court. This is just one example of the many individuals languishing unnecessarily in Kenya’s prisons.

The total number of people reached by Evans was 400, with an average of 100 people per roadshow.  Members of the public who attended include: traders from the markets, vendors of a wide range of products like newspapers, fast foods and other refreshments, bus passengers in transit and bus ticket sellers.

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.