While studying law at the University of Indonesia, Ajeng Larasati attended an advocacy training session led by lawyers and legal activists from an emerging legal aid institute in Jakarta. She was impressed by their work. They were impressed by her enthusiasm and asked if she’d be interested to volunteer on an upcoming project.

That meeting was a few years ago. Today, Ajeng Larasati is an assistant manager at Lembaga Bantuan Hukum Masyarakat (Community Legal Aid Institute). As an assistant manager, she gives legal consultation, organzes advocacy networks between NGOs, and works extensively to empower communities to understand and stand up for their rights. The enthusiasm that led her to the institute continues to motivate her. In her words: “Many times, a simple thank you is more powerful than money.”

That unadorned faith in the power of human cooperation served as the inspiration for her JusticeMakers project. Through the Indonesian Criminal Procedure Code (Article 50-68), all accused persons have the right to know the charge, prepare a defense, and have legal representation. However, most people who are arrested are not aware of these rights. Consequentially, their rights are violated. Awareness, Larasati says, is not enough. “If you know you have rights, but don’t know how to claim them…it is not useful.”

Along wiith her colleagues LBH Masyarakat, Larasati has experience providing legal counseling for new pre-trial detainees at the Cipinang Detention Centre, but recognizes that it is difficult for any legal aid institute to be available for counseling at all times. For her project, Ajeng is doing what she does best: empowering the detainees to help themselves.

In the months to come, LBH Masyarakat will educate Tamping (convicted prisoners at the detention center who work at the offices as prison jobs) on the legal rights guaranteed to detainees by the Criminal Procedure Code. The Tamping, because they were once in the same position as those facing trial, understand the predicament of the unaware detainees. For the same reason, the detainees may be more receptive to their advice. Initially, LBH Masyarakat will aid in the consultation. But once the system becomes self-sustaining and LBH Masyarakat ensures that the Tamping are capable of explaining legal rights and assisting the detainees, LBH will reduce their involvement. The Tamping, once merely left to do office work, are now able to educate and empower the detainees to stand up for themselves and claim their rights as Indonesian citizens. Through the project, Indonesian prisoners help each other and help themselves, exchange knowledge, and share their common humanity. Because the project extends from Larasati to LBH to the Tamping to the detainees, most of the people the project helps will never meet the originator. But one day, should they meet her, a simple thank you will be enough.

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To hear Ajeng Larasati discuss the project in her own words,view the video at the beginning of this post.

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.

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.

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)

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.

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.

On the 22nd of April, IBJ Burundi held, in partnership with APRODH, a roundtable on the issue of the presumption of innocence. This roundtable gathered thirty stakeholders of the criminal justice system of Ngozi, a province in the North of the country, including the President of the Court of Appeal.

Above: Banner placed in a clearly visible spot of the city. Photo: Astère Muyango

Magistrates, prosecutors, lawyers, prison officials and police officers were invited to consider the implementation of the principle of the presumption of innocence in their daily work. After IBJ legal fellow Herman Ndayishimiye underlined how crucial the respect of this principle is, attendees were asked to recognize what the obstacles to its effective implementation are. Indeed, this principle is too often flouted. In a number of cases, there is, instead, a “presumption of guilt”. Lawyers explained that they are regularly expected to bear the burden of proof, instead of the prosecutor having to clearly establish the culpability of the defendant. One lawyer even said that he had to provide evidence that his client was a minor, which is undoubtedly one of the prosecutor’s responsibilities.

Above: IBJ Fellow Astère Muyango (left), the first counselor to the governor (middle) and a representative of APRODH (right), at the opening of the roundtable. Photo: Celesta Duivenvoorde

The relationship between magistrates and prosecutors was also addressed. The attendees all agreed that magistrates should make an effort to talk to defendants with the same consideration and respect as they do to prosecutors. It is useful to recall that one of the consequences of the principle of the presumption of innocence is that the defendant is entitled to a fair trial, where all parties involved are given the same rights and consideration.

Above: Magistrates trying to find solutions on how to overcome the obstacles to respecting the principle of the presumption of innocence. Photo: Celesta Duivenvoorde.

A very remarkable debate then took place between the attendees: while the police officers regretted the right of the defendant to remain silent up to the trial, which, according to them, does not help the defendant, lawyers explained that this is a strategy of defense. Police officers admitted to being tempted to arrest people that do not cooperate with them. This assertion led lawyers to respond that the police should restrain from arresting suspects until the culpability of a suspect is clearly established and that only then a suspect could be arrested, while the evidence is being collected.

Above: members of the Ngozi criminal justice system gathered to improve their justice system. Photo: Caroline Arnaud

The event ended successfully. Following interesting discussions, IBJ fellow Astère Muyango asked the participants to take concrete commitments to improve the criminal justice system. Everyone agreed to make a real effort to make these changes happen and IBJ committed to provide the necessary platform for the concrete realization of these great promises.

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.

On November 27th and 28th, IBJ Burundi Fellow - Astère Muyango - and IBJ Rwanda Fellow - John Bosco Bugingo - attended the 14th East Africa Law Society (EALS) Annual General Meeting in Kigali. The event was co-sponsored by our local partner in Rwanda, the Kigali Bar Association, and opened by the President of the Republic of Rwanda himself, Honor. Paul Kagamé.

The conference brought hundreds of lawyers from the Law Society of Kenya, the Tanganyika Law Society, the Uganda Law Society, the Zanzibar Law Society, the Kigali Bar Association and the Burundi Bar Association together on a path of reforming the legal aid system across the region. The progressive integration of all five East African countries demands the harmonization of practices and procedures across the region.

While the first day of the conference was dedicated to business law and economic integration, the second day focused on the role lawyers can play in promoting the advancement of human rights and access to legal aid across the region. Each country introduced its legal aid system, highlighting the specific challenges to universal access to legal counsel.

Herbert Rubasha, a member of IBJ’s Rwanda Country Advisory Council, presented his paper on access to legal aid in Rwanda. He was echoed by representatives of the Uganda Law Society, the Burundi Bar Association, the Zanzibar Law Society and the Tanganyika Law Society. They all stressed the urgent need for a State-sponsored system which ensures timely access to counsel for all citizens, regardless of the crime they are suspected of having committed.

Burundi’s situation is particularly alarming: as opposed to the other East African countries whose law societies bear the burden of legal aid, the sporadic legal assistance provided in Burundi is exclusively manned by non-governmental organizations and a handful of young passionate lawyers, who take on their own time and resources to protect their fellows’ legal rights.

Astère and Bosco kept abreast of the latest regional innovations. They also built connections with senior members of other countries’ bar associations. Dr Fauz Twaib, the President of the Tanganyika Law Society, and member of the EALS Executive Council, Bruce Kyerere, President of the Uganda Law Society and member of the EALS Executive Council, and other key members of the EALS Executive Council  all expressed a desire to work with IBJ to promote systematic access to legal counsel across the region. Don Deya, the CEO of the EALS, displayed a particular interest in IBJ’s idea of a regional training hub in Kenya. Relationships have also been initiated with other African countries’ bar associations, in particular the Law Society of Zambia and Ghana Bar Association.

Above: Bosco (left), IBJ Rwanda Fellow and Astère (right), IBJ Burundi Fellow pausing together during a break.

Above: Astère (left) and Bruce Kyerere, the Uganda Law Society President (Photo by John Bosco Bugingo)

Above: Astère (right) with Dr. Fauz Twaib, the Tanzania Law Society President (Photo by John Bosco Bugingo)

Above: Astère and the President of the Ghana Bar Association (Photo by John Bosco Bugingo)

Above: The recipients of Awards at the 14th East Africa Law Society Annual General Meeting (Photo by Astère Muyango)

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 n’est installé que depuis récemment au Burundi. Le pays ne disposant que d’une très faible couverture internet, ils ne sont au début qu’une poignée de courageux défenseurs des Droits de l’Homme à prendre connaissance des activités de notre ONG, notamment par l’intermédiaire de la communauté des JusticeMakers. La première réelle apparition d’IBJ dans les médias burundais se fera donc à l’occasion de la tenue de la première session de formation à la pratique pénale qui se déroula en mai 2008 à Bujumbura. Depuis, Astère Muyango, ancien participant à la compétition des JusticeMakers, est devenu le premier fellow d’IBJ au Burundi et, appuyé par une petite équipe dynamique, s’efforce de mener à bien les activités visant à améliorer le quotidien des personnes détenues, l’accès à une justice équitable, et restreindre l’usage de la torture. En dépit des difficultés administratives rencontrées dans le processus d’accréditation, il n’en demeure pas moins qu’IBJ reste à l’affût de la moindre opportunité pour populariser sa cause. La deuxième session de formation à la pratique pénale, organisée cette année entre le 29 juin et le 03 juillet, fut ainsi l’occasion de faire une nouvelle fois parler les médias burundais. La télévision nationale (RTNB) put ainsi filmer toute la délégation venue spécialement de Genève ainsi que les différents participants dans le feu de l’action. Mehdi et Karen, bien secondée par Fanny pour la traduction, eurent droit aux honneurs de l’interview pour la version française du journal, alors que Pierre-Claver Mbonimpa, président de notre partenaire local APRODH, se chargea de la version Kirundi. Ces passages aux heures de grande écoute furent complétés par plusieurs articles dans la presse écrite et radiophonique relatant la richesse des débats mais aussi le chemin qu’il reste à parcourir afin de parvenir à un fonctionnement équitable de la justice au Burundi.

Ci-dessus: Des participants à la marche contre la torture organisée par USAID à Bujumbura le samedi 27 Juin 2009 (Photo de Nathalie Mohadjer)

Un mois plus tard, IBJ prenait la direction de Bubanza pour y tenir une table ronde consacrée au phénomène de la détention préventive et des conséquences qu’il peut engendrer en terme de surpopulation carcérale. Elle fut précédée de plusieurs sessions de distributions de posters servant là aussi à informer de leurs droits les populations rurales n’ayant souvent pas accès aux informations diffusées à l’échelle nationale. Cette table ronde fut un franc succès au regard des résultats obtenus qui ne manquèrent pas d’être soulignés dans les médias régionaux dépêchés pour l’évènement. Les échéances à venir, nouvelles tables rondes ou début des activités d’aide juridictionnelle, représentent autant de possibilités de médiatisation, mais de part ces témoignages, IBJ commence déjà à s’inscrire dans le paysage burundais dans son domaine de prédilection.

Ci-dessus: Sensibilisation médiatique sur les murs du Tribunal de Grande Instance de Gitega (Photo de Nathalie Mohadjer)

Mais au-delà de l’action d’IBJ, c’est bien la question du fonctionnement même de la justice qui tend à prendre une place centrale au Burundi, les différents acteurs semblant prendre conscience que la paix et la démocratie ne pourront être garantis sans un fonctionnement efficace et équitable du système. Le Bureau intégré des Nations Unies au Burundi (BINUB) et certaines ONG ont ainsi eu un rôle crucial dans la médiatisation de l’aspect respect des Droits de l’Homme et des personnes détenues dans le processus de réconciliation nationale. Ces organisations ne manquent pas de convoquer la presse à chacune de leurs interventions et leurs manifestations sont régulièrement retransmises par les médias locaux et nationaux. Cette place prise dans les médias tend dès lors à correspondre avec un changement de mentalité des décideurs. Sans que l’on puisse exclusivement en attribuer le mérite à la médiatisation du travail des ONG, il est en effet indéniable que les instances judiciaires semblent plus ouvertes au dialogue et enclines à accepter les appuis non gouvernementaux à la réforme du système judiciaire. De cette manière, l’administration pénitentiaire, le corps des magistrats, la police judiciaire et le barreau ont pleinement joué le jeu des tables rondes d’IBJ en facilitant la participation de leurs membres. Plus important, les recommandations ont été suivies d’effets concrets avec la tenue d’un conseil spécial aboutissant aux libérations rapides de prisonniers en détentions irrégulières dans la province de Bubanza. Cette tendance est également perceptible au niveau ministériel avec la parution récente d’une circulaire visant à s’attaquer à la surpopulation carcérale en ciblant deux catégories de détenus pouvant bénéficier d’une mesure de libération. Cela concerne les mineurs de moins de 15 ans, dans le but de se mettre en conformité avec le nouveau Code Pénal, et les prévenus ayant passés 12 mois en détention préventive alors qu’ils encourent une peine ne dépassant pas 5 ans de servitude pénale (art.75 du Code de Procédure Pénale). Enfin, un projet d’envergure ayant pour but de limiter le recours à l’emprisonnement est actuellement en cours d’analyse, et devrait impliquer les membres de la société civile autant que les instances officielles. Ces prémices de changements institutionnels se révèlent au final très encourageants, et IBJ compte bien faire entendre sa vision originale et novatrice de la promotion des Droits de l’Homme et apporter sa pierre à l’édification d’un système mettant la dignité humaine au cœur de ses préoccupations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

June 22nd to 28th was World AntiTorture Day and in Burundi as elsewhere a number of activities were planned to protest against its use. Only recently active in the country, IBJ dedicated itself to working with our local partner, APRODH, on a rights awareness campaign. As part of a USAID initiative, APRODH was given the chance to hold round-table discussions and advisement of rights campaigns in 4 different provinces. We decided to join them in the town of Ngozi, Burundi’s third largest city, to distribute “Know Your Rights” posters and to hand out questionnaires so we would have a better understanding of the real knowledge that the population has of its rights.Heading to Ngozi was a last minute decision, as the team was already very busy preparing for the forthcoming training-session. We decided that I would go to Ngozi with Laura and Nathalie, our new photojournalist interns, while Astère would stay in Bujumbura to deal with any emerging problems related to the training session. On D-Day, we went to APRODH to pick up our driver. He had already been sent on the field, but in the time it took to print out our questionnaires a second arrived to replace him. Ngozi is located roughly 120km north-west of Bujumbura. The two-hour drive it took to get there was the first time that the girls had left the capital city, and they discovered a totally different Burundi: luxurious vegetation, tea fields and colorful clothes, not to mention crazy drivers. Once we arrived in Ngozi I contacted the APRODH local observer who has been assigned to help us with our task. To our surprise not only the observer, but the entire APRODH delegation, led by Jean-Baptiste Sahokwasama, was waiting for us! Our initial welcome was followed by arrangements for a place to spend the night, and a little snack to recover our strength. Right after that, we got started.

Above: The “Know Your Rights” poster designed in Kirundi language in conjunction with the Burundi Bar Association and APRODH in 2007.

Our team, made up of 3 Burundians and 3 Bazungu (white people), traveled in the APRODH 4X4, better equipped than our little car to cope with the countryside’s winding, bumpy roads. Our first stop was the little village of Gasikanwa, where we immediately made for the office of the communal administrator. Prior approval from this official was needed in order for us to display our posters. The man was friendly but I could immediately feel the gap between Bujumbura and the remote localities. Our arrival was a major event. Word quickly spread that the Bazungu were in town, and a growing group of curious observers came to stare. This was not only an opportunity for us to fill out questionnaires, but allowed a delighted Nathalie to shoot pictures of the 50 children surrounding her. The group of villagers also demonstrated some of the challenges that IBJ will face as it tries to improve the human rights situation here, and in the rest of the country. It was almost impossible to find French-speakers, and there were even fewer English-speakers; no activities would have been possible without the help of APRODH’s translators. Moreover, it was clear that a significant part of the rural population is still illiterate, and it took 5 minutes each for the people we were surveying to reply yes or no to just 7 short questions; I had initially assumed that this task would only take a minute or so. It became obvious that we wouldn’t achieve our initial goal of collecting around 50 responses.

Above: IBJ Burundi Project Assistant Jean-Baptiste Bouzard explaining inhabitants of Ngozi what to do in case of arrest. (Photo by Nathalie Mohadjer).

Our second stop was at a vaccination center, built in the middle of farmland. There was incredible poverty here too but I also felt, for the first time, a degree of hostility towards foreigners. Women didn’t want to answer our questions in front of their husbands and, as it was clear that we wouldn’t receive many responses we didn’t remain for long. Before we left, however, I exchanged a few words with a beautiful young woman, and was astonished to hear that at only 22 she had already given birth to 4 children. It shocked me to think that, born here, I could already have been a father of 5…

We then stopped by a little house on the side of the road. A man was preparing Ibitumbura, or local donuts. We offered him some of posters but he refused, and I was worried that this same atmosphere of suspicion would stand in the way of us doing our awareness work. However as one person then another decided to go ahead and take our posters the whole community decided, all of a sudden, that they did want what we offering. We were soon unable to meet the demand as numerous hands reached out, hoping to take one. A small crush followed, and we decided to head to our last stop for the day. We couldn’t stay for long, however. We were all tired after a long day and had only a few minutes left before beginning the drive back to Ngozi, as it is not entirely safe to drive by night in Burundi. We agreed to stop at a café and that our last interviewees would be the waitresses who brought us fresh sodas. After all, they were part of the population too!

After having driven the 40 km to Ngozi, we finished our day with a delicious dinner of goat brochettes in the cool high hills of Burundi. Laura and Nathalie were the first to leave, soon followed by the rest of the group. It didn’t long to get to sleep for any of us. We left Ngozi early the next day to be back in Bujumbura around 10am, just in time to clean the car and get ready to welcome the IBJ delegation arriving from Rwanda.

“Typewriter, teep, teep, teep, teep, kartha hai. Zhindagi-ki haar gahani liktha hai.”

“Typewriter, goes teep, teep, teep, teep. It writes all of lifes stories.”

- From Merchant Ivory’s 1970 Film “Bombay Talkie” as sung by Asha Bhosle and Kisore Kumar

The Typewriter at Kibos Prison. Photo by Ian MacLellan

Kibos Prison’s documentation office is as black, white, and faded as any old photograph. The light falls heavily through the barred window and the posters on the walls have begun to fade. Sketched by a prisoner, one poster quotes Nelson Mandela; “It is said that no one truly knows a nation until one has been inside its jail…” A prison officer sits behind a pile of court records, while a prisoner, dressed in black and white stripes, works away on a worn out typewriter.

It’s the typewriter which captures my attention first. Somehow it belongs to the room; tired and heavy. While the Government of Kenya has moved to furnish prison offices with computers, Kibos has yet to acquire such technology. In fact, a computer in this room would feel rather out of place. The typewriter – donated to the prison by a local NGO, is the only machine available to the documentation office which assists over a thousand prisoners with their court proceedings.

Four hundred and fifty prisoners at Kibos are capital offenders sentenced to death row. Their only hope is to mount a successful appeal and CLEAR has been instructing prisoners on how to prepare the necessary documentation, notices of appeal, chamber summons, grounds of appeal, and affidavits. While the prisoners have become quite proficient at drafting legal documents, the task of typing it all up has proven to be the greater stumbling block.

The Documentation Office at Kibos Prison. Photo by Ian MacLellan

Each applicant is required to submit 7 copies of their application, along with copies of all previous court proceedings to the Court of Appeal within 14 days of receiving judgment. The result is a lengthy, technical, and tedious application - to be prepared within strict time constraints. Those who cannot afford an advocate draft their appeal themselves, submitting their papers to an officer to be typed on the typewriter.

While the prison staff are highly supportive, the workload is too great, and resources too few. It takes time to edit errors, to cross check records, and to type several copies. After prodding, one officer shyly confesses that it takes him 30 minutes to type each page. He has enlisted a friend to help him, but some days it is nearly impossible to submit the appeals on time.

The Prison Officer who does all the typing at at Kibos Prison. Photo by Ian MacLellan

The wheels of justice in Kenya turn very slowly, and the prisoners are no strangers to delay. But delays resulting from a prison official’s inability to prepare documents in time are particularly frustrating. Once the 14 day period has elapsed, the applicant must seek special permission from the court to hear his appeal out of time, slowing all future proceedings as a result. For those who have been sentenced to death, filing an appeal is a second chance, an opportunity to plead for leniency – and therefore, no small matter.

The weathered typewriter in Kibos Prison’s documentation office is a telling example of the systemic failures which afflict Kenya’s justice system - where even the mere task of typing can obstruct due process of law.

CLEAR Kisumu is a project of the Justice Makers Award, IBJ

A Prison Officer inside Kibos Prison. Photo by Ian MacLellan