The pressing need for rights awareness in the prisons of Burundi

By IBJ Country Manager Jean-Claude Barakamfitiye

On January 15, 2021, Burundi Bridges to Justice (BBJ) conducted rights awareness events in Mpimba and Rumonge prisons in Burundi. A total of 350 pre-trial detainees attended the events, including 49 women. 

Because of COVID-19, only two members of the BBJ team were allowed to enter the prisons. We obeyed strict health security protocols, including wearing masks, washing our hands at prison entrances, and using disinfectants to ensure that we protected ourselves and the detainees. 

Once inside each prison, we were welcomed by hundreds of detainees. One joked, saying: “Let’s leave them inside so they can see for themselves how bad prison conditions really are, and the way we are forced to live.” These words touched me greatly and made me tear up because it was no joke – it was the harsh reality of their circumstances. When we arrived at the small prison chapel in Rumonge prison where we had planned to conduct the rights awareness campaign, we found it packed with more than 150 detainees already seated – this was far more than what we had anticipated. The detainees all seemed as hopeless as sheep without a shepherd. The sheer number who had shown up was proof in of itself of the desperate need for rights awareness for pre-trial detainees. 

The BBJ events focused on the basic rights of every accused person, including the constitutional right to be provided with legal representation. We explained how each detainee can be provided with a lawyer even if he or she is unable to afford legal fees. We discussed due process rights of detainees during the pre-trial detention stage, including the detainee’s right to appear before a judge within 15 days from the day of arrest and a required review of detention status every 30 days if the case has not yet gone to court for trial. We emphasized the principle of the presumption of innocence and its implications for a fair trial. We also informed detainees about their right to be protected from torture and other cruel treatment, including sexual abuse. As the majority of event attendees were pre-trial detainees, it was important that we explain trial procedures and the role of different actors involved in a criminal trial. We differentiated between the role of the prosecutor and that of the judge, and explained the order that legal arguments are presented in court. We advised detainees on how to formulate closing statements and coached them on good behaviors to adopt when before the judge, whether one pleads guilty or not. 

Each event ended with questions and concerns from the detainees, and there were many. One woman shared that while being interviewed by the prosecutor she was asked if she wanted to be assisted by a lawyer. When she replied “yes”, the prosecutor stopped the investigation and provided no further information or a date when she would be provided with legal representation. Accordingly, she felt is would have been easier to respond “no” because at least then her case would have progressed. This example shows how inadequate explanation by the prosecutor can have significant bearing on the normal progression of a case; the prosecutor should have clearly explained to the detained woman how she could be provided with legal representation at no cost. We received many other questions from the detainees concerning particular irregularities that were hampering their cases. For example, five Ethiopians were arrested in December but their case could not progress because of the lack of an interpreter. 

At the end of each rights awareness event, we handed out BBJ flyers to attendees; in total, 270 flyers were distributed. We also conducted a number of one-on-one sessions with detainees who presented critical and time sensitive needs for legal assistance. BBJ committed to following up on cases with irregularities. As for the detained Ethiopians, we plan to connect them to a relevant multilateral organization, such as the African Union, in order to obtain an Amharic interpreter. 

These BBJ events convinced us once again of the pressing need for rights awareness among detainees. We belief that it would be very useful for us to develop a basic detainee rights guide for distribution to every pre-trial detainee. Posters with basic detainee legal rights displayed at each prison would be another valuable and efficient way to increase rights awareness among detainees. 

We may have our work cut out for us at BBJ but we are up to the challenge! 

Since the Myanmar military declared a State of Emergency on February 1, 2021, IBJ Myanmar has continued its work. Despite internet cuts, daily internal discussions continue apace using the Signal app, and IBJ Geneva is providing enhanced support for IBJ Myanmar. All of IBJ Myanmar’s administrative and programmatic staff, as well as its 21 staff lawyers, have been provided written guidelines on:

• The emerging political context and the State of Emergency
• Status update on communications, movements and transportation
• IBJ points of contacts during emergencies
• Personal security
• Security of data and assets at Justice Centers
• External communications and social media
• Continued compliance with COVID-19 precautions

IBJ Myanmar has met with Union Legal Aid Board (ULAB) leadership to discuss enhanced support for ULAB, local LABs and individual lawyers during this critical period.  We are continuing our collaboration with the Independent lawyers Association of Myanmar (ILAM).

Additionally, all IBJ Justice Center lawyers have received written guidance on issues to consider     for casework during this sensitive time, including:

• Basic principles to follow in taking cases
• Safety and security of the staff at all times
• Safeguarding the interest of clients
• Handling politically sensitive cases
• Strategy and communications protocols with clients and safeguarding data and information
• Cooperation and networking with various bodies, including ILAM and ULAB
• Referrals to lawyers outside IBJ’s Justice Centers

Further, IBJ has conducted an online legal training for all its Justice Center lawyers on, Best Practices and Strategies for Defending Accused during Emergency Situations. The trainer is a defense lawyer with over 30 years of practice experience at local and international levels, including assisting Cambodian lawyers on the ground during the 1997 transfer to military rule. 

Finally, IBJ has prepared a comprehensive primer in Burmese for distribution entitled, Practice Tips for Representing Clients During the State of Emergency in Myanmar. This politically neutral primer was written to aid lawyers and other legal professionals to provide appropriate legal aid during the State of Emergency, compliant withthe law andethical codes. Legal interpretations and possible lawful legal defense strategies are provided for those accused of offenses, including:

• Offenses Against the State 
• Holding an Assembly or Procession Without Notification 
• Violation of the Natural Disaster Management Law 
• Offenses Affecting the Public Health, Safety, Convenience, Decency and Morals 
• Violation of the Telecommunications Law
• Criminal Intimidation, Insult, and Annoyance 
• Offenses Against Public Tranquility (unlawful assembly or rioting)

This primer will be distributed to IBJ Myanmar’s staff lawyers, 100+ Community of Practice lawyers, as well as broader legal community.  

For more information on IBJ Myanmar programming, please contact International Program Director Sanjeewa Liyanage at sliyanage@ibj.org

IBJ launches pioneering project to create Women Defenders’ Network across 10 countries in Africa

IBJ has launched a groundbreaking project to develop an African Access to Justice (AA2J) Women’s Network. Funded by the Swedish Postcode Lottery Foundation, this innovative effort will establish a 10 country-wide network for 100 African women legal defenders to provide representation for vulnerable African women accused. 

Women detainees at risk. According to the Office of the UN High Commissioner for Human Rights, 700,000+ women are in prison around the world, and that number is growing much faster than men. Many governments in Africa criminalize reproductive health decisions, as well as alleged acts of sex work, adultery, apostacy, blasphemy, and witchcraft, all of which disproportionately impact women. This criminalization of womanhood in Africa has vastly increased female incarceration. The OHCR reports that, “Many women detainees face inhuman and degrading treatment during arrest, interrogation and in custody, including being stripped; invasive body searches; rape and threats of rape; so-called ‘virginity testing’; and other acts, insults and humiliations of a sexual nature.”

AA2J Activities: For this launch period, AA2J Women’s Network activities will be piloted in 10 African countries before being scaled across Africa. An IBJ AA2J Fellow in each country will spearhead the establishment of each AA2J country chapter with local women legal defenders. The majority of activities and legal representation conducted by AA2J lawyers will take place at police stations, detention centers, prisons and courthouses. Ongoing training and networking will occur on the AA2J Women’s Network Platform — a digital community launched for the project on IBJ’s Justice Hub Platform. 

A wise African proverb says, “If you want to go fast, go alone. If you want to go far, go together.” I know that together, African women are unstoppable. At IBJ, we remain committed to supporting the vital and courageous work of women legal defenders across Africa and across the world. The AA2J Women’s Network will be an important step in ensuring representation for vulnerable women accused on the African continent. We are thankful for the Swedish Postcode Lottery Foundation’s visionary support. 

Karen Tse, IBJ Founder & CEO

For more information on the AA2J Women’s Network, contact Chris Martin at cmartin@ibj.org.

Cambodia Bridges to Justice launches groundbreaking iConnectJustice mobile app

On October 22, 2020, Cambodia Bridges to Justice (CBJ), IBJ’s affiliate organization in Cambodia, introduced key Cambodian justice sector stakeholders to its recently launched iConnectJustice mobile application. iConnectJustice is a smartphone app that allows Cambodians to submit their legal issues via phone and be directly connected with a lawyer who will take on their cases free of charge. To date, over 80 Cambodian lawyers from across the country have signed up to provide free legal advice and representation to vulnerable accused who would otherwise not be able to afford a lawyer.

As a leading global justice provider to the world’s most vulnerable accused, IBJ is proud to launch the iConnectJustice app in Cambodia. Given the challenges of the COVID-19 pandemic, now more than ever before, we must harness the power of technology to serve those most in need of legal defense. We can not and should not look away.  

-Andrew Ozanian, IBJ Associate Director & Technology Lead

Scores of police officers, prison officers, and military police officials attended the CBJ event, that was held in partnership with the Cambodian Ministry of Justice and is part of the United Nations Democracy Fund-supported project, Ensuring the right to legal representation in Cambodia. App developer Phou Pheakdey trained participants on how to use the App to connect accused persons to lawyers from their place of detention. The App received overwhelming praise, with many participants expressing how much iConnectJustice will help them facilitate access to justice and uphold the rights of the accused.

Judicial police officers present at the event raised a number of issues with Cambodia’s current legal framework. Of particular concern is that accused persons do not have the right to access a lawyer until after they have been in detention for 24 hours or more, as stipulated in Article 98 of the Code of Criminal Procedure. Following a discussion around the potential implications of this article, participants recommended that the law be amended to ensure that accused persons have the right to access a lawyer from the moment of their arrest. Participants made a number of additional recommendations and commitments to ensure that the rights of vulnerable accused are upheld. 

The following resolutions were agreed upon:

• Information discussed at the CBJ event be published and distributed to police officers nationally;
• Accused persons should have the right to a lawyer immediately after arrest;
• A defense lawyer should always present when an accused person is brought before a judge;
• A support program should be developed to help vulnerable detainees reintegrate into society so as to minimize the likelihood of re-offense; and
• The general public should be made aware of their legal rights.

For more information on the iConnectJustice mobile app, please contact IBJ Associate Director & Technology Lead Andrew Ozanian at aozanian@ibj.org.