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.

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.

The third session of IBJ’s training programme in Pondicherry India was designed to encourage communication and discussion. The participants were divided into groups of five and asked to identify all the procedural errors they could see in the hypothetical case expertly formulated by trainers Ajay Verma, IBJ Fellow in India and Manohar Raju, San Francisco Public Defender.

Participants identified all the procedural errors they could see, including several innovative ones challenging the mental capacity of the imagined accused. Since all were aware of the judgment in the case of D.K. Basu pinpointing errors such as forced confessions or refusal of legal representation, this came easily to the well prepared participants. As a response to the hypothetical acceptance of the confession given and its effect on the verdict, several participants proposed a series of defenses that could be readily used, and advocated plea bargaining as the future of criminal litigation.

Participants in small groups 

When asked to specify the various trends that daily affect their practices as legal aid lawyers, several common problems raised their heads. Lawyers often face hurdles such as non- cooperating investigating agencies, unavailability of First Information Reports, delays in the procedure, lack of sufficient infrastructure and meager pay that can barely sustain a living.

After this, the groups were asked to state the various goals they hoped to achieve during the course of their practice and identify short term plans to help reach their ultimate goal. While a few lawyers wanted to spread legal awareness and knowledge, increase literacy and empower women, others wanted a more impartial judiciary and an incorruptible police force and to help achieve there goals they sought a more active role from the legislature in the form of stricter laws.

To end on a lighter note, participants were asked to describe the defining moment of their career as a lawyer, most of which included winning the first case or their client being granted bail, and a general sense of camaraderie could be observed. The trainers then asked groups of three to draw a picture of what the legal system should look like in 10 years. With several participants taking up crayons for the first time in years, this brought about the training programme to a successful close with groups coming up with imaginative drawings and catchy slogans.

Particpants share their vision of the legal system in ten years time

Mr. K.Uthirapathy, District Judge and Hon’ble Member Secretary of the Pondicherry Legal Service Authority, addresses the group

The day ended with a thank you from the Hon’ble Member Secretary of UTPLSA and the distribution of certificates and group photos.

Participants receive their certificates at the end of the day

On Friday 19^th June, IBJ India Fellow Ajay Verma and San Francisco Public defender Manohar Raju, along with the Union Territory of Pondicherry Legal Services Authority, conducted a training session for legal aid lawyers in Pondicherry, India. The day-long training began with a welcome by Ajay Verma highlighting the role of IBJ in providing effective representation to every man, woman and child before the court of law.

IBJ India Fellow Ajay Verma introduces the workshop 

The workshop was introduced by Manohar Raju, and began with a video about the use of torture throughout the world. This was followed by an address from Mr. K. Uthirapathy Hon’ble Member Secretary in which he expressed gratitude and hoped that the training would be useful for all members of the bar.

The participating lawyers began by introducing themselves and sharing their expectations for the day, and Session One began with the participants listing some difficulties they faced in criminal defense cases. These included: that facts were not disclosed to the lawyers, unavailability of copies of the case, pressure on counsel as well as judges, lack of infrastructure, stigma being attached to the counsel for the accused, etc.

Session Two began with a clip of the O.J. Simpson trial, to identify effective techniques of criminal defense.

Participants discussing the centrality of early access to counsel

This was followed by a discussion on the importance of early access to counsel, as well as the origin of that right. During this discussion questions the pay defenders receive were raised repeatedly. It was generally agreed that a pay increase would lead to better practice.

The focus of the day was the importance of early access to counsel and the client/lawyer relationship, and this session in Pondicherry marks the third criminal defense training session in India.

On Friday, June 19, IBJ India Fellow Ajay Verma and San Francisco Public Defender Manohar Raju teamed up with the Union Territory of Pondicherry Legal Services Authority (UTPLSA) to produce a successful one-day training session in Pondicherry, India. The training focused on the topics of the importance of early access to counsel and the nature of the lawyer/client relationship.

Over the course of the day, training participants took a practice test to brush up on the fine points of Indian law, developed a legal strategy for defending victims of police torture, and presented their vision of how the criminal justice system could fully protect the rights of accused persons. Among the 45 lawyers present were the President of the Pondicherry Bar Association, a member of the bar council in Tamil Nadu, and the member secretary of the UTPLSA, all of whom expressed their appreciation for the training and urged IBJ to continue with similar events.

The Pondicherry training marks IBJ India’s third criminal defense training session in India, following previous events in West Bengal and New Delhi.

The President of the Pondicherry Bar Association (seated, left) presents his vision for improving criminal defense in India.

The morning began with a session of qigong, hosted by Heim Center curator Eduardo Von Fellenberg, to focus and direct the fellows on the last day of the Summit. Much of the day was intended to aid the fellows in learning about the logistical aspects of IBJ, namely country evaluation, monitoring reports, and the importance of keeping accurate accounting records to secure long-term funders. Before heading off the International Red Cross Museum and the United Nations to celebrate the end of the summit and see some of the sights of Geneva, the Summit closed with a final feedback and brainstorming session, addressing both the challenges faced going forward and the lessons learned from the week.The common thread was the challenge faced by securing sufficient amounts of funds for criminal defense projects in each of the fellow’s countries. Picking up on the tools learned in the fundraising session, led by Pam Calhoun earlier in the week, Rwandan fellow John Bosco Bugingo brainstormed ideas on how to locally fundraise, suggesting the possibility of holding a ‘Give a Dollar for Justice’ radio spot on the local radio programs, whereby the majority of citizens in Rwanda will learn the message of IBJ and give. Burundian fellow Astère Muyango liked this idea, highlighting the importance of the radio in both fundraising and getting out the message of legal rights.The last fellow to speak was Ajay Verma, who commented on his pride in creating a ‘fellow task force,’ comprised of the six fellows present at the Summit this week.  Because of this week, Verma noted, the fellows were able to appreciate and fully understand the challenges, both alike and dissimilar amongst, of their colleagues around the world. With wide support, Verma suggested that the fellows act as a global support group to one another, continuing to be in touch with one another to discuss problems or challenges faced as they soldier on in the name of criminal justice.(Staff and Fellows listen intently to presentations on the last day of the First Annual Fellows Summit held in Geneva)

Most lawyers would consider themselves lucky to hear the experiences of practiced defense attorneys in their own countries. Few, then, ever imagine that they might be able to spend a week learning with skilled defenders from five different countries. This week, IBJ’s “Fellows“-criminal defense attorneys who are spearheading IBJ’s programs- have come together from Zimbabwe, Rwanda, Burundi, Cambodia, and India for the first-ever “Fellows Summit” at Fondation Heim in Chambésy, Switzerland, to share the wisdom drawn from their diverse international experiences.

The Fellows immediately dove into the critical issues of criminal justice in their countries. During Monday’s opening session, the Fellows took turns introducing each other to the governing rules of criminal procedure in their countries. Almost immediately after Cambodia Fellow Ouk Vandeth began his summary, the other Fellows responded eagerly with questions about the procedural protections available to Cambodian defendants. The Fellows left no stone unturned with questions ranging from the right of a detainee to access a doctor to the amount of time the police can hold a detainee in prison before appearing in court. The conversation quickly turned into a symposium on comparative criminal procedure as the Fellows took on their topic with the passion that only practitioners can bring.

After Monday’s intellectually charged discussion, the focus shifted on Tuesday to a different but equally crucial element of a criminal defender’s practice. Poet and musician Antony Hequet led IBJ in a vocal exercise that taught Fellows and staff how to use the power in their voices. The halls of Fondation Heim rang with the sounds of IBJ staff and Fellows stretching their vocal chords. India Fellow Ajay Verma and Rwanda Fellow John Bosco Bugingo stood out for their vocal prowess, especially when they faced off in a grunting match toward the end of the session that left everyone laughing.

With their understanding of criminal procedure enhanced, not to mention their ability to make themselves heard, IBJ Fellows, staff, and interns are ready to continue learning from each other throughout the remaining days of the Summit.

 IBJ Zimbabwe Fellow Innocent Maja (left) and IBJ staff plan their next move

After a successful Gala held in Bern on Saturday, today marks the start of the First Annual IBJ Fellow Summit, being held all week at the Heim Center in Geneva. After gathering the fellows and highlighting the main aims and goals of the Summit, the fellows each gave a presentation on their respective countries, highlighting the main problems faced, visions for the future, and suggestions on how to go about implementing change. While each fellow highlighted different problems, certain themes cut across cultures.

During the presentation, Indian fellow Ajay Verma quoted the Chief Justice of India, who stated that, while victims are the popular focus of criminal lawyers, the accused, many times are the victims themselves. The idea behind this statement is that, because of the highly prevalent rates of torture and coerced confessions in all of the countries the fellows are from, the general presumption that one is innocent until proven guilty falls by the wayside when one is accused. This reality, combined with over-populated prisons, a lack of lawyers willing to take on criminal defense cases, and institutionalized practices of torture in criminal investigations, all fellows seemed to generally agree that there was much room for reform in their respective countries.

While these fellows have only known each other, in most cases, for a very short amount of time, the common bond and vision of change and criminal defense reform certainly was the underlying theme of the day. As each presenter finished their presentations, the other fellows asked directed questions about their colleagues’ legal systems. The questions presented were clear indications that the fellows were intently listening to compare and contrast one another’s legal systems and challenges. What was most interesting about the questions asked was the commonality and understanding that cut across the countries.

While John Bosco Bugingo remarked that criminal defense cases were simply not willing to be taken on by attorneys because of the lack of money in this area of law, the rest of the fellows nodded enthusiastically, indicating that this problem ran across all systems they work in. What was also striking was the day to day difficulties criminal defense lawyers face. Many fellows remarked on the lack of Bar Association funding for pro bono defense cases, along with the apprehension of judges and police officers towards allowing the accused access to criminal defense attorneys.

Despite the difficulties faced, all of the fellows remain hopeful. As Karen Tse remarked at the opening of the day, the underlying theory of IBJ is that individuals can change the world, aided by the power and support of the community . As the fellows come together this week, this power is realized as communities, both global and local, come together in the name of criminal justice.  (The IBJ team - including our six country fellows - is pictured below.)  

IBJ is delighted to announce that Moodbidri Veerappa Moily, India’s new Minister of Law and Justice, has made clear that his top priority is to bring about judicial reforms to ensure the speedy delivery of justice to the poor and those who need it most. The Hindu, an Indian newspaper, quoted the new Law Minister as saying, “The next five years will be the era of judicial reforms. We have to ensure that the rule of law is for every individual.” In a statement which was perfectly aligned with IBJ’s missions and goals, Mr. Moily highlighted the importance of ensuring equality under the rule of law. In regards to the severe backlog which is endemic in Indian courts he said, “The last man in the queue should be able to get justice without delay.” IBJ looks forward to assisting the new Law Minister in his endeavors in addition to its continued success in building effective and efficient criminal justice systems in India.