Posts Tagged ‘Criminal Justice’

My first visit to Kigali Central Prison

Thursday, September 2nd, 2010

I have been working for IBJ as Rwanda Office Coordinator since March, but it was not until August that I decided to visit a prison.

When I arrived at the main gate the first thing the guards asked me for was my identification. They also asked if I was a lawyer. Later, I spoke with one of the lawyers who had come to visit a prisoner, and she told me that all lawyers are allowed to enter freely into the prison except on Fridays.

I often see prisoners doing community work around town in pink and orange uniforms but I was amazed to find out what each colour meant. Prisoners in orange are already serving their sentence. Those in pink are either waiting to be given a trial date or waiting for the judgment. This was insightful to learn.

Some prisoners were playing but some looked devastated and sick, with no medical attention.

There were a lot of activities going on in the prison. Some prisoners were digging and building things. I asked some prisoners how they eat and who cooks for them, and I learned that they have regular meals such as breakfast, lunch and supper. Fellow prisoners take turns cooking in shifts. It was quite impressive to see them working together.

I learned that many of the prisoners are deeply religious. One of the prisoners who I was able to talk to told me that many detainees have become “saved” since they have been in prison. There is a Mosque and a church in the prison; and from time to time Sheik and Pastors come in to preach.

As I walked around the prison, I learned that some prisoners don’t live together. There are blocks for young children under 18 years and another block for adults. When it comes to women who were imprisoned when they were pregnant, they give birth in the prison and live with their new born baby until the child is around 5 years old. Then the child is taken to the mothers’ relatives; and if she does not have a family the kid is taken to an orphanage.

From this quick visit it seems like prisoners get regular meals, some prisoners are employed, but it is true that some facilities are being under looked like medication for prisoners and women who live with their kids until they are 5 years old.

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Kenya’s New Proposed Constitution: A Step Forward for Justice?

Wednesday, August 4th, 2010

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.

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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.

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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.

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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.

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A Legal Internship at IBJ’s Cambodia Program

Monday, July 19th, 2010

As a part of my graduate studies at the Fletcher School of Law and Diplomacy I will spend 13 weeks as a Legal Intern for International Bridges to Justice (IBJ). The work of IBJ in Cambodia is threefold: 1) Ensuring that the rights of the accused are respected and providing adequate, well-trained lawyers to represent them 2) Informing the public of their rights as an accused and 3) Putting the laws that are already on the books into practice in the courts.

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Another one of IBJ’s underlying goals is to eliminate the practice of torture in Cambodia. Torture is well-documented as a form of carrying out criminal investigation and extracting confessions from the accused in Cambodia and other countries where more complex methods of investigation such as forensic science or even something as simple as fingerprinting are not the norm. The idea is that torture can be prevented or mitigated when the legal system (police, prisons, and courts) are held accountable by the presence of a lawyer representing the accused. Providing lawyers for the accused is not only a way of implementing the legal rights of Cambodian citizens and preventing torture, it is a step towards building the rule of law and strengthening the judicial system.

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The need for legal aid in a country like Cambodia where there is currently no state-sponsored legal aid system (i.e. free lawyers for those who cannot afford one) cannot be understated. Cambodian law includes provisions that require individuals accused of a felony to be represented by a lawyer. Without NGO-sponsored legal aid lawyers, those who are accused of felonies would either be tried without legal representation or continue to sit in jail waiting for a lawyer. In some countries legal aid is provided by the government. Ideally the Cambodian government would support a government-funded legal aid system but currently they do not have the funds or capacity to do so and thusIBJ continues to work with the Cambodian government towards that goal. In the meantime, one or two other nonprofits like IBJ try their best to fill the gap in legal aid.

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Working with an organization that supports a small number of lawyers in rural and urban provinces that would otherwise have zero lawyers for the poor is without a doubt a rewarding experience. Hopefully we are also making important contribution as well. As an intern I am conscious of the balance between the time and energy that interns extract from the organizations and companies they work with and the time and energy they contribute to that organization or company during their internship. There are currently five legal interns, a journalist, and a videographer interning with IBJ Cambodia this summer who provide both a great presence and, seemingly, an occasional burden on the small Phnom Penh and rural offices.

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As far as day-to-day work goes, there is a good deal to be done. I spent much of June learning about the Cambodian legal system, the Cambodian context (historical, political, social, etc.) and about IBJ’s approach to providing legal aid, education, including the overarching goal of strengthening the legal system and rule of law. In addition to helping to conduct research and write funding proposals, and giving English lessons to some of our Cambodian colleagues, each legal intern is paired to work with one of the IBJ lawyers. I’ve had the pleasure of working with Ms. Pheak, accompanying her on prison visits and court dates to see her in action representing the accused at trials in the Kandal and Kampon Speu provinces neighboring Phnom Penh. An experiential learner at my core, I continue to learn the most from these experiences, out of which I am developing profiles and case studies that illustrate successes and areas for improvement in the legal aid system.

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There are so many elements that contribute to the creation and establishment of an independent, accountable, and sound legal system. As I look critically and hopefully at the Cambodian legal system I continue to wonder where the crux of these complex issues lies. After the first trial I observed, I saw witnesses and family members unnecessarily scared and confused from court processes and procedures and thought education – both basic education and legal rights education – was the crux. I thought it unrealistic for people who have very little education or experience with the legal system to understand their legal rights if they have no context for what those rights mean or how to exercise them. On the other hand, I know there are millions individuals all over the world with low-literacy and little education who are demanding their rights be respected, calling for fairness, justice, saying no to corruption, and working to strengthen democratic practices in their communities.

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Since that initial visit to the court I have seen the confluence of combating institutionalized corruption, establishing systems of accountability, the need for additional intensive police training, and the overall lack of lawyers in country as the cruxes of that same system. Of course no single crux is the problem nor the solution to these challenges. And little by little individuals working from a variety of angles must contribute to improve their corners and cross-sections of the labyrinth.

For me at this very moment that means getting back to a questionnaire I was developing!

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Trainings and Awareness-Raising Activities Echo Anti-Torture Day in Burundi

Monday, June 28th, 2010

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

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

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

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

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

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

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

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Legal Defense Training and Community Roundtable Discussion to Improve Access to Justice in Rwanda

Wednesday, June 23rd, 2010

IBJ is pleased to announce that a legal defense training and judicial community roundtable discussion will be conducted in early July 2010 in Kigali with the support of the Kigali Bar Association.

On July 2nd and 3rd, Rwandan defense attorneys will join the Kigali Bar Association (KBA) and International Bridges to Justice (IBJ) at the Laico Hotel in Kigali for a two-day legal skills development training. The training hopes to equip them with the skills and confidence they need to mount vigorous defenses of indigent accused. In tandem with Anita Mugeni, a trainer from the KBA, Stephanie Slattery, a Public Defender in San Diego, will urge Rwandan lawyers to come up with strategies to tackle the challenge of prolonged pre-trial detention in Rwanda. More than 25% of Rwandan detainees are awaiting trial and, some of them have been waiting for 15 years with no lawyer, no expected date of trial, and limited access to family, food and medical assistance.

The training will also equip Rwandan lawyers with basic trial techniques from the common law system, as, with the gradual integration of Rwanda in the East Africa Community, Rwandan lawyers will get the opportunity to represent clients in adversarial justice systems like in Kenya, Uganda and Tanzania. Rwandan lawyers will try their hand at cross-examination during simulation exercises.

On July 2nd, a judicial community roundtable will bring lawyers, prosecutors, judges and police officers together on a path towards proposing concrete solutions to improve prison overcrowding.

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Above: A participant from last year’s Rwanda Training sharing his views on early access to counsel. (Photo by Jesse Blaisdell)

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Above: A Rwandan trainee receiving the Rwanda Criminal Defense Manual. (Photo by Jesse Blaisdell)

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Addicted to Justice: JusticeMaker’s Fellow Evans Muswahili Continues Working for Reform in Kenya

Monday, June 14th, 2010

For some, pursuing justice seems to be an addiction. Following the successes of his JusticeMaker project for IBJ over the past year, Evans Muswahili continues to work for justice in Kenya by undertaking a new project to establish twenty “people forums” throughout his home district of Vihiga and the surrounding districts.

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Above: Muswahili and his assistant Brown walk to a nearby forum on a typical, red clay road, often found worse for wear after heavy rains. (Photo by Rachel Roberts)

Currently operating through an NGO called NOVOK (National Organization of Volunteers of Kenya), his continuing commitment to sharing information and encouraging others to share his passion for justice is clear, and often sees him working long weeks (conducting meetings on Saturdays!) and late evenings, much as he likely did during his JusticeMaker tenure. Muswahili mentioned that once his hectic June pace slows, he wishes to return to some of his JusticeMakers work, even though his formal year is over. The forums are part of the Western Kenya Rights Support Initiative (implemented through NOVOK with the support of amkeni WaKenya and the UNDP), which shares many of the same goals as Muswahili’s IBJ sponsored project; namely to increase political participation within rural and marginalized populations, to increase the awareness of rights and the capability to monitor and report abuses, and to provide a framework for discussing community problems, including those related to the justice system, and proposing solutions.

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Above: Muswahili addresses a forum near his home. Though many of the attendees can’t read or write, they are still eager to participate and discuss community issues. (Photo by Rachel Roberts)

Ideally, the forums will also serve as a nexus for dialogue with members of local government. Muswahili envisions local and district level administrative officers being invited to and attending future meetings, where citizens would have the opportunity to bring forth problems and possible solutions and hear the government’s responses.

Walking through his hometown of Mbale and surrounding areas, it is obvious that Muswahili has created quite a network of contacts from the sheer number of people who pause to greet him and inquire about his work. An engaging speaker who has already drawn many locals to his push for justice system and governance reform, he utilizes his network to help mobilize people into groups that congregate in churches or schools (or even on a lawn in a patch of shade)

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Above: Looking more like a lawn party than a meeting, Muswahili addresses a forum in Kima. (Photo by Rachel Roberts)

and wait patiently for him to arrive and explain the project’s goals and structure. He seems to be knowledgeable on just about every subject - including areas as widespread as agriculture and world politics, but his most important knowledge bases remain the people and problems of Kenya’s Western Province. Muswahili’s rapport with local communities and his familiarity with their unique problems will be a significant asset in future pushes for reform.

Even in this early phase of his current project, some successes are materializing. At their first independent meeting on June 7, the forum in Emusenjeli focused on the rights of the elderly and of widows to receive periodic government aid in the form of food. Apparently this aid often does not make it to the intended beneficiaries, but is instead lost somewhere along the way within the delivery channels. The forum was able to get the Chief (a local administrative official) on the phone to discuss the problem with him as a group and press him for assurance of delivery in the future.

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Above: A particularly youthful forum near Majengo votes for interim officers to call, run, and record their next meetings. (Photo by Rachel Roberts)

Future foci for discussion include criminal justice issues, particularly in areas Muswahili deems more “cosmopolitan,” such as Ekwanda, which is near Luanda town and where a forum was formed on June 9th. Particularly striking is the fact that many people accused of crimes are held for long periods in overcrowded prisons, unaware of their legal rights and without access to an attorney. Though the overcrowding issue may not be easily addressed without a long term overhaul, with interaction between the forums and local officials, and with education coming from individuals like Muswahili, the forums may start to address the knowledge deficit among the accused with regard to their rights. Muswahili stresses that it’s important for people to view their rights as an entitlement - if, as a result of these forums, even one person is able to successfully demand justice in the form of faster adjudication or the presentation of just cause and ample evidence for arrest and detainment, he’ll likely deem them a success.

The forums are ultimately about participation, discussion, and empowerment. People who would be reluctant to act individually draw strength from numbers and it enables them to push collectively for much needed reform in the justice system and related realms of governance.

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Historical mass release of detainees in Burundi

Wednesday, April 28th, 2010

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

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

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

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

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

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Death Penalty Case in Zimbabwe Gains Recognition

Monday, April 19th, 2010

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.”

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Zimbabwe: a series of legal defense trainings and awareness-raising activities to be conducted in May

Tuesday, April 13th, 2010

The month of May will be rich of colorful events in Zimbabwe. From May 14th-16th, a legal defense training will be conducted in Harare, with the aim to build on last year’s training conference by training the core group of IBJ volunteer lawyers at a more advanced level. All 40 members of the team of volunteer lawyers - who, along with IBJ fellows ‘efforts, have defended more than 130 detainees last year - will gather to discuss ways to leverage the existing legal framework to ensure systematic protection of the rights of the accused, in particular early access to counsel, freedom from torture and speedy trial. Lawyers from the Legal Aid Directorate, the State-sponsored legal aid organ, will engage with private lawyers on ways to strengthen the existing legal aid system and to expand access to justice to provinces, where legal needs remain widely unmet. The training will be led by Anthony Natale, a practicing trial lawyer for 30 years. Presently, he is a Supervising Assistant Federal Public Defender in Miami, Florida and the training coordinator for the Federal Defender Office for the Southern District of Florida. His experience as a criminal defense trainer in China, Vietnam and Zimbabwe will offer a comparative approach and inspire Zimbabwean lawyers to identify within their own laws provisions that can be leveraged to ensure speedy justice.

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Above: The Supreme Court of Zimbabwe in Harare (Photo by Florence Chatira)

The training will promote an interactive approach where lawyers will be put in the situation to develop the theory of the case, interview a client and cross-examine witnesses. IBJ International Program Director, Sanjeewa Liyanage, and IBJ Zimbabwe Fellows, Innocent Maja and John Burombo will appeal to lawyers’ inner values and urge them to take action to improve the fair and speedy delivery of justice across the country. At the end of the training, lawyers will be offered the possibility to take pro-bono cases to stem the tide of the country’s legal needs. The last day of the training will be devoted to identifying and training senior lawyers become instructors/trainers themselves. The hope is to empower local lawyers with a set of teaching skills so that they can themselves later replicate legal defense trainings and mentor their peers throughout the country. Next regional training session in the Fall 2010 will integrate these local instructors in order to increase the sustainability of the training approach.

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Above: The Mission Statement of the Zimbabwe Ministry of Justice, Legal and Parliamentary Affairs.

To ensure that Zimbabwean lawyers are able to learn “on the job”, follow-up one-on-one mentoring sessions will be conducted at IBJ’s Defender Resource Center in Harare on May 17th and 18th. Anthony Natale will spend time with lawyers to dissect the nuances of their case and help them more fully utilize the portfolio of lessons drawn from the training and the criminal defense handbook. The goal is to provide individualized and innovative solutions to challenges that arise from specific cases and help the accused get the most professional defense possible - especially in cases featuring homicide or other serious crime that could result in the death penalty.

As access to legal aid crucially lacks in provinces, the goal of the series of trainings is also to increase the total number of lawyers trained by reaching out to new areas where IBJ was not present before. Following activities in Harare, the IBJ team will head to Bulawayo to conduct a legal defense training on May 22nd and 23rd. Zimbabwe’s second biggest city, Bulawayo has a rich legal tradition which IBJ hopes to build upon to promote access to justice in Matabeleland North Province. The training will focus on increasing the capability of provincial lawyers to provide competent defenses to accused persons, particularly indigents, of which has been a problematic issue for many Zimbabweans. The training will explore a plethora of legal concepts such as cross-examination and procedures to prevent torture against prisoners, helping the participating lawyers in garnering invaluable skills and building a provincial movement in favor of the protection of the rights of the accused.

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Above: Zimbabwean street vendors (Photo by Florence Chatira)

This series of trainings will be an opportunity to intensify awareness-raising and community-building activities by engaging with local partners, meeting lawyers, observing trials and visiting prisons.

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IBJ conducts an awareness campaign in the disadvantaged neighborhoods of Bujumbura

Friday, April 9th, 2010

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

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

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

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

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

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

 

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