His name is Prince Mavaro. At the time of arrest, he was 23 year-old and married with a child aged 1. As his wife was unemployed, he was the sole breadwinner of the family. In May 2008, he was arrested on charges of unlawful entry. Prince could not afford to engage a lawyer to defend his legal rights. He stayed in remand prison for 10 months before IBJ fellow John Burombo started assisting him.During interrogations, he was severely assaulted by the police: he was tied up and beaten under the feet and on the knees with baton sticks and bottles. For several weeks, he sustained a series of injuries, including swollen feet, which made it very difficult for him to stand and walk. He spent almost three weeks in police custody before he was taken to a court of law. He pleaded not guilty to the charge and complained to the court of the ill-treatment he had suffered at the hands of the police but no action was taken. He was remanded in custody.

At that time, the remand prison was going through a serious crisis, including overcrowding, food shortages, and lack of access to medical treatment. Inmates barely had a single decent meal per day and diseases like pellagra and cholera were rampant. The last truck which transported the prisoners to and from courts broke down in May 2008, leaving them enable to attend trial. Prisoners were therefore continually remanded in custody in absentia.

When John commenced legal assistance the main concern was to get Prince out of custody. He applied for bail but it was denied. With the court system seriously dysfunctional, the State was taking a considerable time to bring the matter to trial and Prince continued to be remanded in custody, leaving his wife and baby totally vulnerable. John therefore decided to apply for a refusal of the further remand of Prince pending trial. In March 2009, such application was made to the court. After considering all submissions, the court upheld the application. Prince was discharged and released from custody. He almost spent one year in remand prison. He could barely hide his happiness and gratefulness at recovering freedom after such a long time away from his wife and 1-year old baby.

IBJ is extremely delighted to announce that the Bâtonnier Isidore Rufyikiri has just joined its Burundi Country Advosiry Council.

A dedicated lawyer for over 9 years, Isidore has defended hundreds of accused persons - often taking on his own resources to assist defenceless persons - and sometimes risking his own freedom for the sake of justice. His work as a passionate lawyer is only the most current embodiment of his lifelong commitment to the rule of law. His brief career as a public prosecutor taught him how an unbalanced justice system where prosecution is one-sided disservices the ideal of fair and transparent justice system. He later embraced a diplomatic career as first counsellor at the Embassy of Burundi in Algeria and later Tanzania, whereby he gained international exposure and a sound knowledge of the workings of international relations.

Today, as President of the Bar Association, Isidore concentrates all his efforts at ensuring systematic access to legal counsel for every Burundian accused of a crime. His leadership has led him to work closely with the United Nations Integrated Office in Burundi to draft a bill outlining the legal framework for legal aid (Loi portant cadre légal d’assistance judiciaire et d’aide juridictionnelle), which has been submitted to the Ministry of Justice for review.

Isidore knows that pointing out at torture and expressing opposition to the government can be risky. Accused of “attempting to public order” at three different occasions, Isidore spent consecutively 2 months, 4 years and 6 months in prison, with no access to his family, little access to food and no medical treatment. He felt very ill as the prison conditions were - and are still - adverse and inhumane.

He last got arrested on August 3rd, 2006 when he openly complained, as a lawyer, that four high-ranked officials had been badly tortured by the Burundi Intelligence Agency. He remembers that the victims could barely walk. Determined to bring as much attention as possible to what he considers is totally unacceptable, Isidore wrote an official letter to the chief of the secret services, copied to the President of the Republic, the Minister of Interior, the Minister of Justice, and a flurry of media and NGOs which voiced concern over the allegations that his clients had been tortured. He then started receiving anonymous calls and threats. A couple of days later, a group of policemen surrounded his law firm, arrested him, and threw him back to jail. Each single time he got arrested, Isidore refused to receive the help of any lawyer: he ensured his own representation. He has been released on parole.

This eventful life has shaped his personality, reinforced his natural leadership qualities, unwavering dedication to human rights and audacity and inspired him to start writing a book about his experience.

Isidore joins forces with Pasteur Nzinahora and Pierre Claver Mbonimpa - the other two notable members of the Burundi Country Advisory Council - to help Astère spearhead a movement in favor of the rights of the prisoners and lay the foundations for a functioning legal aid system in Burundi.

Above: Negotiating the MoU between the Burundi Bar Association and IBJ, July 2009 (Photo by Fanny Cachat)

Above: Opening the 2009 summer legal defense training in Bujumbura with IBJ Founder and CEO (Photo by Fanny Cachat)

Above: Sharing a drink at the Bâtonnier’s house after the successful conclusion of the MoU, July 2009 (Photo by Sanjeewa Liyanage)

Mukarati Farayi is 21-years old. He got arrested in February 2009 on two counts of unlawful entry and theft. He was not able to engage the services of a lawyer. By the time IBJ Zimbabwe Legal Fellow John Burombo started assisting him, he had spent 8 months in remand in the most adverse and inhumane conditions.Orphaned of his two parents, he grew up with his maternal grandmother and his 6-years-old brother who is deaf and mute. Before his arrest, he was the family’s sole breadwinner, doing low-paid part-time jobs here and there. His grandmother could not afford to visit him in remand prison.

When he first met John, he expressed his concern at the welfare of his family in his absence, particularly his brother who is at school. John promised him to do all he could to assist him. John immediately filed an application for bail. Mukarati was granted bail of US$50. Unfortunately, neither him nor his family could afford to pay such an amount of money.

But John did not get discouraged for all that. He tried to have the bail reduced and pushed for the trial to commence. However, because of the court system congestion, nothing happened. John then filed an application for refusal of further remand since the State took a long time to commence the proceedings. The court upheld the application. Mukarati was released and re-united with his grandmother and young brother after 8 months spent in remand prison. He could barely hide his delight.

Above: IBJ Legal Fellow strives to provide committed counsel to vulnerable prisoners in Zimbabwe. (Photo by Florence Chatira)

After the genocide of 1994, approximately fifty lawyers were practicing law in Rwanda. The legal system was devastated. Today, 80% of people accused of crimes in Rwanda do not have access to a lawyer. 26.9% of people in prison have not stood trial. But a few courageous lawyers are defending the rights of those who cannot afford representation. They are taking on cases without being asked, without recognition, and without pay. Anita Mugeni is one of these lawyers.

Above: Anita Mugeni.  (Photo by Jesse Blaisdell.)

Recently, Anita defended a woman appealing a conviction sentencing her to death. Despite the seriousness of the charges, the court had not appointed a lawyer and the woman did not know she had a right to one. The woman was accused of murdering her neighbor by poisoning her. As Anita discovered, however, the neighbor was still alive.

Anita drove across the country on her own expense to visit the woman in prison. The woman was from a small village and had little education. She was confused and afraid she was going to die. The police had beaten her so severely that she confessed to murdering a woman who was, in fact, still alive.

After consoling the woman, Anita returned to the Supreme Court to study the woman’s file. She discovered that the alleged poison was never analyzed in a lab - there is no forensic lab in the woman’s village. The substance was not even tested on an animal, which is an accepted method of identifying poisonous substances. The Prosecutor and the Court were aware of the lack of evidence and the fact that the woman’s neighbor was still alive. But they pressed on with the prosecution.

At the time, the death penalty had not been abolished. Without Anita’s help, the woman could have been executed. Anita won an acquittal and the woman was released, but there was no way to repair the damage that had already been done. The woman spent three years in pre-trial detention. A widow, she was forced to leave three small children alone at home with no one to care for them. Anita claims that if the woman had access to a lawyer she would not have spent a day in prison.

Above: Anita presenting at IBJ’s June Defender Training event in Kigali, along with IBJ Program Director Sanjeewa Liyanage and IBJ Trainer Medhi Benbouzid.  (Photo by Jesse Blaisdell.)

In June of 2009, Anita cooperated with International Bridges to Justice to train Rwandan lawyers in criminal defense law. Eighty of the three hundred lawyers in the country attended the training and discussed ways to expand the work that Anita and others are doing. Local news media published the story and many expressed high hopes. Together with IBJ, Anita and this dedicated group of lawyers are working to defend human rights and make legal aid in Rwanda a reality.

On Saturday June 13th, the Legal Resources Foundation (LRF), a Kenyan human rights group, organized a day of legal aid at Kodiaga, maximum security prison. Over 2000 remand prisoners are detained at the facility. 13 pro bono lawyers including Peter Onyango, an advocate with the Justice Makers project CLEAR Kisumu, provided legal aid to one prisoner after another, attending to over 100 cases over the course of the afternoon.Legal aid days are held biannually at best. While many lawyers are willing to offer pro bono services, the demands of employment or owning a practice make it difficult for advocates to volunteer time to additional cases. While CLEAR visits the prison regularly to speak with small groups of prisoners, Saturday’s event was unprecedented with hundreds of previously unseen prisoners pouring out from behind the prison’s high brick walls.The day provided prisoners with a rare opportunity to hear from, and question a state prosecutor as well as a resident magistrate from the court responsible for most criminal cases in western Kenya. Magistrate Ruth Maloba assured prisoners that the judiciary was taking measures against corruption and backlogs in court. She responded to lengthy criticisms from prisoners who stood up to raise their concerns, receiving applause from fellow inmates.Peter Onyango assisted a 57 year old man who was imprisoned in April 2008, but will attend court for the first time this July. He is charged with defilement, but while the person he is accused of defiling contracted HIV from the assault, he has tested negative. Moreover, his 20 minute meeting with a CLEAR advocate was the first time he has ever received legal counsel.Legal aid day came to a close with a feedback session allowing advocates and prison officials to identify the most pressing concerns facing remand prisoners. On any given day up to 80 Kodiaga prisoners can be called to court, while the prison transport vehicle only carries 17. With juvenile remand homes at capacity, 16-18 year old prisoners are now detained in the same facilities as adults, and are often subject to abuse.The group concluded that none are blameless. Advocates fail to appear in court, prosecutors fail to bring witnesses forward, and a magistrate on leave can bring all proceedings to a halt. And with few provisions for legal aid beyond what is provided by non-profits such as CLEAR, legal aid days are a necessity. CLEAR has followed up with some inmates, contacting relatives and writing letters to court requesting speedy trial and judgement.

Tuesday morning was an early start for CLEAR advocate Peter Onyango who set out for Oyugis, a small town south of Kisumu to represent a nine year-old girl in a defilement case referred to CLEAR by World Vision.On the 29th of January the girl was out buying food. On the way she met two men returning from a hunting trip who offered her a rabbit. She refused. Then, one of the men forcefully took her into the bush where he sexually molested and defiled (raped) her, later confirmed by a doctor in hospital. The people of her village found the man and arrested him.

CLEAR staff take few cases outside the city. With a limited budget, travel costs outside Kisumu add up quickly, and the four hour trip to the rural courthouse by bus, matatu, and motor bike can be very tiring. Although Peter arrived to court just in time, the defense lawyer failed to appear due to illness and the hearing had to be adjourned yet again.

Peter found the family of he girl walking quickly away from the courthouse after the court broke session. They were understandably frustrated, but Peter reminded the family that criminal proceedings take time and encouraged them to keep coming back to complete their case. Discouraged by the complicated and lengthy trial procedure, some families give up on their cases before the court concludes proceedings. They never find justice, and some are even sued later for defamation of character.

Many factors prevent families from pursuing justice, such as the inability to afford an advocate and interference with witnesses. But even the cost of traveling to the courthouse can be a barrier. This family is only able to attend court because of assistance from World Vision who drive them to and from the hearings.

The father explains that he wants to see justice done so that his daughter’s case is a lesson to others. But justice in Kenya is expensive, and without the support of a CLEAR advocate their case may not have proceeded as far as it has. Peter explains that this family requires constant encouragement, support a state assigned prosecutor with tens of such cases would not be able to provide.

Overall, the family comments that they have seen CLEAR’s assistance in a great way, even inviting Peter to visit them in their village. The next hearing is scheduled for the 7th of July, at which time the mother will present evidence.

Dedicated CLEAR staff Dennis Okore and advocate Peter Onyango braved the afternoon heat last Friday as they waited for permission to enter Kodiaga prison, Kisumu where CLEAR is providing free legal aid to prisoners. CLEAR has been visiting Kodiaga prison each Friday for the past two years, however securing permission to enter the prison is a weekly ordeal.

Kodiaga is one of four maximum security prisons in Kenya, and guards at the prison are rotated many times throughout the day. Although CLEAR has secured clearance from senior prison officials, poor coordination means that these orders rarely reach the prison gates. As a result, CLEAR staff encounter a new guard each week and are interrogated each time they enter.

“It is so discouraging, the challenges we face. The change of guards, the system, the structure, it’s just cumbersome,” said Peter. “There are times when you might go and come back without ever seeing them. But we don’t give up, this is the work and if we don’t do it no one will.”

While the delays are frustrating, senior prison officials are welcoming of CLEAR’s activities and a room has been set aside for legal education. Peter had asked to meet with only 10 prisoners, but over 20 filed into the small room. CLEAR’s weekly visits are a rare opportunity for prisoners to speak with an advocate to receive legal counsel as well as assistance contacting friends and relatives.

“Being a laymen, I thank them. We have a lot of ignorance and we don’t know our rights. Through their advice we are able to bring our cases to trial,” commented a prisoner. ”The most important thing is the duration which our cases stay in court. In our constitution we are told that we have a right to an expedient trial. Some of us are here for 4 good years and that duration is too much.”

Remand prisoners may wait months before receiving their time in court, and with repeatedly adjourned hearings, years may pass before they are found innocent or guilty.

One prisoner describes how he was arrested with 27 other men in a police raid 3 months ago. He has committed no crime, but has been ‘bonded to keep peace,’ an open ended charge leveled against anyone authorities find troublesome. He can secure his release by paying a bond of 100,000 shillings, or by finding someone to stand surety on his behalf. With no immediate relations and owning nothing more than his clothes, he cannot afford to post bail and will likely remain in prison indefinitely. Peter has written a letter to the court magistrate asking for the bond price to be reduced and made affordable.

While CLEAR staff try to assist inmates to the best of their abilities - taking on three new cases after this visit alone - the number of cases are too great and resources too few. However, Peter and Dennis will continue visiting the prison in order to bring justice closer to those who have the least access to it.

This March, CLEAR-Kisumu was invited to attend Kisumu Law Courts’ second annual open-day. The team took this as a welcome sign that they are steadily gaining local recognition for their efforts. This year’s theme was “Promoting the Expeditious Administration of Justice”, therefore it seemed like the perfect opportunity for CLEAR to showcase their efforts. Although the Kisumu team had just arrived back from an education and awareness trip to Gwassi, they quickly regrouped and channeled all their efforts into organizing materials for the event, which they believed would be key in expanding their network of clients and getting some much needed exposure in the local community.

On the morning of the open-day, the team was led by CLEAR-Kisumu’s resident advocate, Mr. Peter Onyango, and CLEAR-Kenya’s Legal Education Coordinator, Mr. Joram Mutsotso, in a procession around the city featuring the local prison’s marching band. This was followed by a keynote speech from the Resident Judge of Kisumu, who talked about the significance of the day for the judiciary and for the many men, women and children who would benefit from improved access to justice. Afterwards, members of the public were invited inside to walk around the tents that showcased the work of the wide array of organizations in attendance.

CLEAR set their tent up next to the Judiciary’s customer care tent. In addition to providing information about the organization’s services, CLEAR had asked their legal aid lawyers to attend so that they could advise walk-in clients. CLEAR staff said the most interesting and rewarding part of the day was when a group of four deaf-mute woman approached the tent. The CLEAR staff managed to find someone who could translate some legal advice to sign language for the women – the team was happy to be able to make such important information accessible to them.

The day ended with an open forum at the town hall, where people were invited to ask questions and share experiences with the Judiciary, police and legal organizations in attendance. In his closing remarks, the Resident Judge acknowledged the large turnout and thanked the lawyers and legal aid organizations for their tremendous work. Indeed, CLEAR staff were happy to oblige.

Buhle’s team has reported a successful start to their project, having carried out two workshops educating community police on human rights. The first session was in the Mbhuleni township, where in the past local police have shown a tendency towards violence. The team discovered that although the police were aware of the concept of human rights, they had not been informed on what those rights entail.

A later session with the community police at Nu Village revealed that they not only think that the use of abuse and torture is acceptable, but that they, “really believe in the beatings”. They trained these officers on human rights legislation relevant to their jobs, for example the laws surrounding conducting a search and carrying out an arrest. At the request of the officers at Nu Village, the team have decided to compile a module on human rights legislation that they can distribute to these police officers and that can be used in future sessions.

In addition to beginning the workshops, Buhle’s team are well on their way to securing legal aid for prisoners who have been the subject of abuse and torture. They have succeeded in securing the help of two law firms that have agreed to provide pro-bono legal aid for two of these cases so that they can be transferred from the Customary courts to the Magistrates courts. Congratulations Buhle!

Last Thursday, Joy and the CLEAR team made one of their weekly visits to Lang’ata Women’s Prison in Nairobi. Many of these women prisoners are too poor to afford legal representation and not informed on their legal rights. They often lack a basic understanding of the charge against them and the relevant legal procedures they should follow. The situation with prisoners in Kenya is described in greater detail in Joy’s JusticeMakers project proposal.

These visits provide prisoners that are awaiting trial the opportunity to talk one-on-one with a CLEAR representative about their cases. The representative will then review the court files and assess the feasibility of offering free legal representation to the defendant. If they decide to proceed with the case, CLEAR will then advise them on the best course of action, how to effectively argue their case, and inform them on important court procedures.

Despite the initial reluctance of the prison authorities to allow the large CLEAR team to enter the prison, they were eventually granted access and proceeded to interview the prisoners that were awaiting trail. They spent three hours discussing cases; the majority of the alleged crimes were petty crimes, ranging from theft to failing to comply with Council orders to perform renovations on their properties. CLEAR were successful in providing advice to all of the prisoners they interacted with that day. In the best interest of these women, CLEAR determined that many of their cases would be able to be resolved outside of the courts.

The CLEAR team was relatively happy with the conditions at the prison, and overall, they found the prison authorities very agreeable to work with- they even assisted in dispensing legal advice to the women prisoners. CLEAR Nairobi is currently working towards providing legal education seminars at Lang’ata as a means of extending the reach of their programs to more prisoners. These seminars will occur in tandem with the one-on-one sessions with CLEAR staff, thereby ensuring that the prisoners are adequately informed on the rights in addition to them receiving direct legal advice.