The second Defender Training Session held for Sri Lankan lawyers took place in the historical city of Kandy, home of The Temple of the Tooth Relic, and very much a focal point of Sri Lankan culture and history.

International Bridges to Justice Lanka partnered with the Kandy Bar Association to host the event for 106 defense lawyers, who brought with them to the training a varied range of experience. The training was officially opened with the lighting of a traditional ceremonial oil lamp, followed by speeches from IBJ’s International Program Director, Sanjeewa Liyanage, President of the Bar Association of Sri Lanka (BASL), Mr. Kalinga Indatissa, and the President of the Kandy Bar Association, Mrs. E.M.P. Kumari Abeyratne.

Speaking of the ethical principles and values that is expected of every member of the BASL, Mr Indatissa addressed the younger generation of lawyers in the room, telling them;

‘You have a huge responsibility, because as todays juniors, you are the seniors of tomorrow’. He reminded them of the values of being a defense lawyer, including the necessity to uphold their duties towards their clients, to respect the courts, and to show professionalism towards their colleagues.

Mr Indatissa then continued to present the first module of the training to the participants on the role of a defense lawyer, highlighting their rights, duties, and responsibilities. Joining Mr Indatissa on the training team were international trainers, Michael Karnavas, Jacques du Preez, Sanjeewa Liyanage, and Suresh Damodara, along with local trainer Saliya Pieris. The trainers between them brought together a vast amount of experience, from Saliya Pieris PC who has spent more than 25 years practicing in Sri Lankan courts, to Suresh Damodara, Michael Karnavas, and Jacques du Preez, all with experience representing clients in International Criminal Tribunals.

Training topics covered a broad spectrum, from effective client interview skills to cross examination, and included an international element brought in by Singaporean lawyer Suresh Damodara who provided a comparison to the challenges faced by defense lawyers in Singapore. In addition, IBJ’s International Program Director presented a number of modules on past, current, and future trends in the Sri Lankan justice system and encouraged lawyers to envision their ideal justice system and the steps needed to make this a reality.            

Participants were given copies of IBJ Lanka’s newly published Criminal Defense Practice Manual which was referred to throughout the training. The Manual has been endorsed by five Bar Associations throughout Sri Lanka; Trincomalee, Jaffna, Mannar, Kandy, and Vavuniya, and will be distributed throughout the country as a resource for lawyers.

Throughout the past few years, IBJ India has expanded the scope of its operations by working with local partners to improve conditions and resources within prisons. Since 2017, IBJ India has coordinated Project Rupaantar, a rehabilitation initiative for young adults and women detained in Tihar Jail No.5 and No. 6. In collaboration with the Deputy Chief Minister of Delhi, Gem and Jewelry Skill Council of India (GJSCI), and the Delhi Prisons, the project aims to transform the lives of detainees. It empowers them with vocational skills, including imitation jewelry design and glass gem design. Developing such applicable skills will allow inmates to find work following their time in prison and live healthier, more productive lives. After earning a certification, inmates can immediately begin to work and earn money while in jail. By saving these earnings, they can more easily secure housing, food, transportation, and other necessities following their release.

IBJ India chose to implement this program in Jail No. 5 and No.6 because young adults and women are the most economically dependent segments of the adult population. Since so many Indian inmates are illiterate and lack employable skills, they struggle to reintegrate themselves into society and often end up destitute or back behind bars. Indian prisons are required to offer educational services. However, after several jail visits and studying reports by the Department of Prisons, IBJ India observed that the education offered to prisoners is neither enriching nor practical. Though prisons know that their educational services are subpar, they prioritize other crucial issues such as maintenance and security. To begin a new, honest life, inmates need education that directly translates into employment and stability. Project Rupaantar empowers prisoners with a sustainable, practical foundation to begin a new life upon their release.

Recent Developments

On Tuesday, July 30th, 2019, IBJ India conducted an inspection at Tihar Jail No. 5 to assess the progress of the GJSCI artificial jewelry trainings. We are pleased to report that IBJ India has successfully trained approximately 596 inmates thus far. Additionally, there are approximately 50 inmates being currently trained in Tihar Jail No. 5. Aside from those currently receiving training, an additional 416 certificates will be awarded to course graduates from Jail No. 5 and No. 6 before the end of the year. IBJ India is currently planning a ceremony for the inmates in jail, while mailing out certificates for those who have been released. To ensure that compulsory prison duties don’t interfere with their access to education, IBJ India has ensured that morning and night classes are available in both jails.

The inmates being trained are extremely pleased with this unique opportunity to join India’s ancient, yet booming, jewelry industry. With the hard work of the GJSCI and its trainers, the students are thrilled for what their future may hold. IBJ India took the names of the inmates present at the training and is looking forward to connecting the inmates to employment opportunities after their time in jail. Looking forward, GJSCI has guaranteed advanced training and employment opportunities to approximately 800 inmates.

International Bridges to Justice’s India Country Program (IBJ India) strives to create a just society empowered to protect human rights. To this end, legal rights awareness campaigns are a central part of our work. Only those who understand their rights can protect their humanity. In India, much of the population remains unaware of their legal rights and how to access counsel. To educate those in need, IBJ India conducts monthly prison legal awareness events to promote a basic understanding of the rights of inmates, prison standards, and legal aid.

From June 2^nd to June 11^th, 2018, IBJ India visited eight prisons in the Tihar and Rohini Jail Complexes to work with inmates and facilitate a Legal Rights Awareness and Legal Aid Camp. The camp worked with over 1,500 jail inmates. These sessions aimed to educate inmates about their rights and duties within the prison. In particular, IBJ India volunteer lawyers and staff taught inmates how to access free legal counsel, how to file for bail, and the role of legal aid in a just society. Prisoners, administrators, and the IBJ India team worked together to develop an interactive and practical program. A diverse set of activities, trainings, and other educational services created a worthwhile experience for the inmates. Presented in a substantive, yet concise, manner, these lessons were crafted such that people of any educational background could understand them.

IBJ India returned to conduct awareness campaigns in 2019. Using the previous year’s efforts as a foundation, IBJ India tested creative new ways of providing legal awareness to those without literacy. Seeking to bridge the gap between informative workshops and engaging storytelling, IBJ staff put on a skit depicting potential pitfalls in the criminal justice system. This engaging, relatable content resonated with inmates and may allow them to better apply the knowledge they gain from awareness campaigns.

Ongoing Challenges

Awareness campaigns are crucial to reduce the stigma surrounding legal aid in India. While Indian lawyers are not supposed to accept compensation in legal aid cases, some nonetheless demand payment. This unfair practice engenders distrust toward providers of legal aid among those most in need of counsel. Inmates ought to have confidence in those representing them. Awareness campaigns and training sessions seek to dispel myths surrounding sarkari lawyers, who are assigned by the government to work on legal aid cases. Empowering inmates to report corrupt lawyers builds trust in legal aid and prevents instances of malpractice. IBJ India’s direct interaction with prisoners rebuilds lost trust and instills confidence that justice can be achieved. By fighting corruption in the legal profession, IBJ India is doing its part to advance both its own work and the work of advocates across the country.

IBJ India continues to innovate new ways to deliver on its mission to protect human rights, including through its Legal Rights Awareness and Legal Aid Camp. This sustainable model for awareness campaigns can be used at other jails across the country. Teaching prisoners to leverage their rights will allow them to improve their circumstances and receive humane treatment. IBJ India’s commitment to human rights through legal education and service truly makes a difference in the lives of those most in need.

“I am a public defender

I am a guardian of the presumption of innocence, due process and fair trial.

To me is entrusted the preservation of those sacred principles…”

-James Doherty, 1967

This oath was taken by 80 defense lawyers, prosecutors and police officers who attended a three-day legal skills training workshop from 7-9 November 2018 in Kigali, Rwanda. This session was a part of the “Protecting Human Rights within Rwanda’s Criminal Justice System” project funded by the European Union and implemented jointly by IBJ, Rwanda Bridges to Justice (RBJ), the Rwandan Bar Association and Dignity in Detention Foundation (DiDé). The training was specifically tailored to address the needs of two different, yet interrelated Rwanda justice key groups: Rwandan criminal defense lawyers and the prosecutors and police officers attached to the Rwanda Investigation Bureau (RIB).

Practical Trial Advocacy Skills Training

Under the guidance of IBJ and other international and local trainers, Rwandan criminal defense lawyers covered practical trial advocacy skills including case development strategy, pre-trial procedures, interview techniques, torture and dealing with coerced confessions coached by our trainers: John Bosco Bugingo (RBJ Country Director), Sanjeewa Liyanage (IBJ’s International Program Director), Bob Burke (Defense Trainer and Consultant), Jacques du Preez (IBJ Legal Training Director) and Musore Gakunzi Valery. This workshop trained 40 practicing lawyers from Kigali and the Eastern Province.

Training that Advances Gender Parity and Local Ownership

Furthermore, IBJ commits itself in advancing gender parity and local ownership in all of its work, specifically in la Francophonie, the training session thus embraced two special modules focusing on the challenges encountered by women lawyers in Rwanda and on representation and assistance of female detainees. These modules were presented by experienced female trainers from RBJ and DiDe – Joëlle Kabagambe (senior lawyer at RBJ Defender Resource Center) Sophie Musabeyezu (Psychologist, DiDe).

Finally, with a view of strengthening Rwandan pro bono culture, every lawyer was encouraged to take on pro bono cases as part of their solemn legal duty to ensure that even the poor and vulnerable have access to a competent defense.

Technical Investigation Skills Training

The second training guided police officers and prosecutors attached to the Rwanda Investigation Bureau (RIB) through technical investigation techniques including how to conduct an effective investigative interview with the accused and/or victims as well as gathering of numerous aspects of forensic evidence (including crime scenes, DNA gathering and safeguarding). A further aim of this workshop was to underline how physical and psychological abuse during interrogation jeopardize investigation and case file credibility. 40 investigators, prosecutors and lawyers from Kigali and the Eastern Province joined for this workshop and IBJ is particularly proud to have retained, for this training workshop, the services and skills of senior (now retired) FBI agent Emmanuel Johnson Jr. from the United States.

On a final note, this session was extremely successful as evident from the feedback received:

“Thank you very much for the notes. I really enjoyed the training, I am exploring the skills I gained and I am ready for any further training and workshops.” – Me MUHIRE Jean Marie Eugène, Advocate at Rwanda Bar Association

Next steps

IBJ will continue to expand its work in Rwanda exponentially. As always, it will continue to build on its positive relationship with the Institution of Justice in Rwanda. As for now, IBJ and RBJ are already planning on organizing training for Judges in 2019.

Held at the Grand Legacy Hotel in Kigali, and attended by 45 Rwandan lawyers, the training was led by five expert trainers with complementary skills, Karen Tse, IBJ Founder and CEO, John Busco Bungingo, Senior Advocate and Rwanda Bridges to Justice Manager,  John Ryder, Common Law Expert and UK Judge, Johnson Kabera, Senior Advocate and former Prosecutor, and Sanjeewa Liyanage, IBJ International Programme Director.

The trainers and participants ready to begin the two-day session

A wide variety of modules were covered over the two-day sessions and focused on improving the lawyer’s practical skills, as well as strengthening links and cooperation between defenders, to ultimately foster the development of a pro-bono legal culture.  On the second day of the training, participants were given an opportunity to apply what they had learnt in a moot trail.

Rwanda Bridges to Justice Manager, John Bosco Bugingo shares his expertise with the

John Ryder, UK Judge and rule of law expert addresses participants

Alongside the practical skills covered, the participants were encouraged to reflect upon their values, ethics, and motivations as defense lawyers, with the aim of building a sense of support and solidarity between the lawyers. Following one of these motivational sessions, Richard, an attending lawyer at the training session stated;

“We are the ones who will bring the change we want to see in our criminal justice system. We have to own it.”

All 45 lawyers were provided with a criminal defence manual to complement the training. The manuals included a check list of appropriate steps to follow after receiving a client, and provided detailed advice on defence strategies.

The post-training survey revealed the participants thoughts on the training. Attending lawyer Bashir stated,  “We need more training of this kind.”

Responding to John Ryder’s presentations, participant Célestin said, “I was so impressed by the lectures of Justice John Ryder for the practical knowledge and experience that he shared, specifically on opening and closing statements.”

All training presentations and materials can be accessed on IBJ’s eLearning website: https://elearning.ibj.org/course/view.php?id=98

Bujumbura, Burundi – 18 August 2017 – International Bridges to Justice together with its local entity Burundi Bridges to Justice (BBJ) and the Burundi Bar Association is bringing together 30 lawyers for a high level training conference on August 24 and 25. The training aims to refine and strengthen the practical criminal defense skills of lawyers so they are better able to safeguard the due process rights of accused persons. The event, organized within the framework of the project Preventing Torture and Promoting Access to Justice in La Francophonie, is supported by Global Affairs Canada.

‘IBJ’s trainings are critically important because they help provide lawyers with the knowledge and skills to protect people, often the poorest and most oppressed people, from violations of their most fundamental rights,’ stated Jean Claude Barakamfitiye, Burundi Bridges to Justice country manager and a member of the team of trainers at the event.

Held at the Royal Palace Hotel in Bujumbura, the training will be an important way of connecting public defenders and creating a community of lawyers who share a common goal of strengthening the justice system in Burundi, and enable them to catalyse change towards a fairer justice system for all.

Topics covered include defense strategies, rights of the accused, and several trial skills sessions.

IBJ welcomes all press to observe the training sessions, which will be held on the August 24 and 25 August 2017 at the Royal Palace Hotel, Bujumbura, between 9 AM and 4.45 PM.

About IBJ and BBJ

In recognition of the fundamental principles of the Universal Declaration of Human Rights, International Bridges to Justice (IBJ) is dedicated to protecting the basic legal rights of ordinary individuals in developing countries. Specifically, IBJ works to guarantee all individuals the right to competent legal representation, the right to be protected from cruel and unusual punishment, and the right to a fair trial.

International Bridges to Justice began working in Burundi in 2008, at a time when there were no more than 70 lawyers in the country. IBJ’s local entity, Burundi Bridges to Justice (BBJ), has worked relentlessly from their Defender Resource Centre in Bujumbura to build a support network for criminal defense lawyers, and provide legal aid to the most vulnerable of Burundian defendants.  Since the opening of the Defender Resource Centre, BBJ has provided legal assistance to more than 2,000 people, trained over 91 defense lawyers and conducted a number of awareness campaigns which have informed over 96,000 individuals of their fundamental rights regarding access to justice.

Press Contact: Jean Claude Barakamfitiye

Email: jcbarakamfitiye@ibj.org

Telephone: +257 22 27 37 47

www.ibj.org

Kigali, Rwanda – 18 August 2017 – International Bridges to Justice together with its local entity Rwanda Bridges to Justice (RBJ) and the Rwanda Bar Association is bringing together 40 lawyers for a high-level training conference on August 21 and 22. The training aims to refine and strengthen the practical criminal defense skills of lawyers so they are better able to safeguard the due process rights of accused persons. The event is supported by Global Affairs Canada, Rule of Law Expertise UK (ROLE UK) and UKAid.

“For access to justice to be truly universal, everyone, especially the poorest of the poor must have legal protection. Training sessions such as these, by training the next generation of defense lawyers and bringing them together as a community, are a crucial part of making that happen,” said Karen Tse, CEO and Founder of International Bridges to Justice.

Held at the Grand Legacy Hotel in Kigali, the training will be an important way of connecting public defenders and creating a community of lawyers who share a common goal of strengthening the justice system in Rwanda, and enable them to catalyse change towards a fairer justice system for all.

Topics covered include defense strategies, rights of the accused, and several trial skills sessions. The training will culminate in a mock trial allowing participating lawyers to put their skills into practice.

IBJ is proud to inaugurate the training with the signing of a Memorandum of Understanding between Rwanda Bridges to Justice and the Rwanda Bar Association. Embodying the deepening cooperation between vital stakeholders in the justice sector in Rwanda, all participating lawyers will receive Continuous Legal Education points (CLEs) from the Rwanda Bar Association for their participating

IBJ welcomes all press to observe the training sessions, which will be held on the 21^st and 22^nd August 2017 at the Grand Legacy Hotel, Kigali, between 9 AM and 5.30 PM.

About IBJ and RBJ

In recognition of the fundamental principles of the Universal Declaration of Human Rights, International Bridges to Justice (IBJ) is dedicated to protecting the basic legal rights of ordinary individuals in developing countries. Specifically, IBJ works to guarantee all individuals the right to competent legal representation, the right to be protected from cruel and unusual punishment, and the right to a fair trial.

International Bridges to Justice began working in Rwanda in 2010. In partnership with the Ministry of Justice and the Rwanda Bar Association IBJ worked to fill the gaps in criminal legal aid. In 2014, IBJ Fellow Maitre John Bosco Bugingo initiated the creation of IBJ’s autonomous local chapter, Rwanda Bridges to Justice (RBJ), with the same mission as its mother organisation International Bridges to Justice. Through the Defender Resource Center (DRC) in Kigali, RBJ provides the support necessary to motivate criminal defense lawyers, drives the movement to guarantee competent legal representation to the most vulnerable Rwandan defendants, including women, children, and the indigent, and builds a supportive community of legal professionals in the country.

Press Contact:  Estelle Brot

Email: ebrot@ibj.org

www.ibj.org

Program undertaken with the financial and/or technical support of the Government of Canada provided through Global Affairs Canada (GAC), Rule of Law Expertise UK (ROLE UK) and UKAid

Kelly McCarthy

IBJ China Seeks to Improve Defense Strategies for Accused Women & Girls

IBJ China Training Brochure

Domestic violence is, unfortunately, not a new or uncommon problem in China, but the issue has gained unprecedented social attention over the past few years. In June 2014, China’s Supreme Court issued a landmark decision, overturning the death sentence of a woman convicted of killing her husband after suffering years of physical, sexual, and verbal abuse. That same month, IBJ China hosted a training symposium in Fujian Provence, focusing on improving defense strategies for accused girls and women who are also victims of abuse. Additionally, the training promoted a better understanding of the opportunities for women in the criminal justice system. Those who participated in the training at the IBJ’s Xiamen FAIR  responded to the lecture series and discussion topics with keen interest. Nearly all the 70 attending justice professionals reported that the training was closely related to their work, and all surveyed respondents said they would implement the information and skills learned during the training into their practice.

In a follow-up of this recent training, the majority of participants reported a lasting change in the way they think about and approach cases involving domestic violence. Several reported having developed a much stronger interest in understanding the underlying reasons for the defendant’s behavior, and in building an analysis and defense from these reasons. Changes like this in the approach to domestic violence cases are a welcome and positive indicator of future change in the Chinese criminal justice system.

It is of utmost importance that Chinese criminal defense professionals continue to gain exposure to gendered advocacy strategies in order to improve the treatment of female accused. Increasing awareness about women’s rights and confronting gender discrimination against females within all parts of the justice sector are of paramount concern in Chinese society today.

This training symposium is a part of the FAIR (Female Accused Improved Representation) project initiative.

IBJ India organized a two-day paralegal training for the convicts at the Central Jail, Ajmer on the 4th and 5th of October 2014. The workshop aimed at building capacity and awareness of speedy trial to the convicts of the jail. It was attended by ten convicts who were selected according to their educational qualification and happened to be life/long term convicts. IBJ was represented by Advocates Mr. Ajay Verma and Pankhuri A. Mehndiratta.

Inmates at the inaugural session at Central Prison, Ajmer, Rajasthan

The workshop concentrated in particular on the difficulties faced by those held in pre-trial detention to stress how long term convicts can assist with this. The long term convicts are in some way in-house legal resources. Their knowledge of processes on arrest, rights in jail, processes in court, can be of great value in ensuring that legal rights are accessed and prisoners do not unnecessary remain incarcerated. As the IBJ mandate is to provide access to justice, we started with the most common question- “What is law and what is an ideal jail?” Many hands were raised to answer. Next obvious question was, “Do you know about your rights in prison are?” Very few were able to answer this question. Ajay Verma explained the various rights of the prisoners, which includes right to a fair and speedy trial. He emphasized that fair trial is the essence of India’s criminal justice system. Arbitrarily depriving an individual of their liberty is violation of the human rights and right to freedom given by our Constitution to every person. Hence, nobody has the right to put anyone in the prison, to keep there, without any good reason. It is the right of the detainee to raise his/her voice against any wrongful treatment and torture. Those who have been the victim of unlawful arrest have an enforceable right to compensation.

Mr. Ajay Verma, Advocate introducing the purpose of the workshop and explaining their rights and duties

The IBJ Team explained the procedures of first appearance and remand to the prisoners. It is the right of a person who is arrested or detained in custody to be produced before the nearest Magistrate within a period of twenty-four hours of such arrest. No one shall be detained in custody beyond that period without the permission of the Magistrate. The prisoner should be able to get help with keeping their home or job and keeping in touch with their family. They should be able to get help carrying on their business from prison. Remand prisoners are supposed to be treated as if they are innocent until proven guilty. This session discussed the procedures which must be utilized to deliver a fair trial and justice. Right to speedy trial is an essential part of fundamental right. According to article 21, no person shall be deprived of his life or personal liberty except according to procedure laid by law. Any delay in trial should be seen as miscarriage of law. The cases pending for years create mental and economic pressure on litigants. Right to speedy trial is the right of the accused and it encompasses all the stages, namely investigation, inquiries etc. A right to fair trial is an essential right respecting the rule of law. It is the right of the defendant to be tried before an impartial jury who on considering the evidences against defendant, decide whether to find him or her guilty of the crime charged. The magistrate should hear the case within the reasonable time. If there is no counsel for the defendant, the magistrate should appoint a counsel. The convicts were also trained on the procedures of parole, bail, legal aid etc. Legal aid is no longer a matter of charity but is one of the constitutional rights. Each person is entitled to free legal aid from the point of arrest. If a prisoner is sentenced to imprisonment is unable to exercise his constitutional right for want of legal assistance, the court has the power to assign, under article 142 read with article 21 and 39-A of the constitution, counsel for such imprisoned individual.

Liberty of every citizen must be zealously safeguarded by courts. Basic rule should be “bail and not jail.” Yet where there are circumstances suggestive of the accused fleeing the course of justice, or possibility of his repeating offences, then he can be denied bail. Once the accused is prepared to furnish bail, the police officer or the court before which he offers to give bail is bound to release him on such terms. Also the terms of the bail are to be reasonable. If a person during the period of investigation or trial undergoes detention for a period extending up to one half of the maximum period of imprisonment specified for that by law, he shall be released by the court on his personal bond with or without sureties. This provision does not extend to offences for which the punishment is life imprisonment or death.

The last part of the session worked to ensure that the inmates were treated more humanely and are provided with at least the minimum standard of living. The prisoners have certain rights when they are sent to judicial custody including: right against solitary confinement, handcuffing and bar fetters, and protection from torture etc.  The convicted prisoners have the right to employment within the jail and wages should be paid accordingly. Every prisoner has the right to an adequate standard of living. They have the right to food, clothing, and proper accommodation at an adequate level. The children in the prison have the right to education and proper upbringing. It is the human right of a person to live their life with respect and dignity. It is the right of the prisoner to be informed of the rules and regulations of the prison. No prisoner shall be stopped from practicing their own religion and every prisoner shall be allowed to satisfy the needs of his religious life. Visits to prisoners by family and friends are a solace in insulation and only a dehumanized system can derive vicarious delight in depriving prison inmates of this humane amenity. Every basic necessity of life shall be provided to the prisoners so that they could have minimum standard of living.

The long standing goal of this two day workshop was to train the convicts to be resources for the prison administration and expedite the judicial process for the inmates in need. This was in tandem with IBJ’s efforts to empower and strengthen the core of the criminal justice system in order to secure respect for legal rights.

We are grateful for the enthusiastic cooperation of the prison authorities. We are looking forward to conducting future events.

Ms. Bijoya Chnada, advocate for IBJ Justicemakers, introducing the workshop to participants

On the 1st of June 2014, IBJ India organised a one day workshop dealing with the contentious issue of ‘Custodial Violence – its Prevention and Remedies‘ in the state of West Bengal. The workshop took place at the Indian Institute of Training and Development (IITD) in Joka, Kolkata and focused primarily on raising awareness and sensitising the various stakeholders of the criminal justice system in West Bengal. The various sessions held throughout the day sought out experts, social workers, direct functionaries and other key stakeholders in the correctional home system. It endeavoured to cull out a comprehensive reflection of the state of affairs prevailing within the confines of the correctional homes that abet torture. The sessions aimed to improve the competence of the prison administration and correctional home settings in West Bengal in the hope to see through the prevention of custodial torture.

The training sessions saw the appearance of stalwarts in the prison administration system such as Mr. Adhir Sharma, IPS (Additonal Director General of Prisons and Inspector General of West Bengal Correctional Services). Moreover, Prof. Sujao Bhadra made presentations to address the issues, prospects and challenges that are being confronted by the correctional services system in West Bengal.

Prof. Sujato Bhadra answering participants’ queries

The prisons of the eastern Indian state of West Bengal are currently governed by a very progressive legislation called the West Bengal Correctional Services Act, 1992. Enacted w.e.f 2000, the act seeks to impart human dignity, rights to a fair trial and the due process of law, entitlements to the access to justice and after care services to the prisoners. The act seeks to turn the aim of incarceration from being retributive to reformative. In doing so, it suggests education, sports and cultural activities as avenues to achieve such reformation.

However, the implementation of this progressive legislation is hindered by a few problems such as overcrowded prisons, which consists a large number of undertrial prisoners. Other issues include: the lack of legal awareness on part of the undertrials, indigence and lack of familial support. More specific to the correctional homes in West Bengal are the concerns around the high number of Bangladeshi nationals serving prison terms who are unable to be repatriated due to lack of documentation.

Another major problem is the lack of an effective after-release system consequently leading to a situation where prisoners who are convicted for life term offences are affected far more heavily by such incarceration in comparison to other prison inmates. This typically is the case as most life term prisoners leave the prison with scant savings, poor mental and physical health and almost no means to reintegrate themselves into the mainstream society due to a prolonged deprivation. They have no form of health or unemployment benefits and have a significantly lower chance of finding a permanent job due to the label of being a convict.

The workshop also delved deeper into other issues such as custodial torture and early access to counsel as an effective preventive strategy to impart dignity and integrity to those still in incarceration.

The workshop was able to bring to the forefront a diverse range of issues and further enlighten the prison authorities by building awareness, doing training and having discussions around the ways to deal with the challenges they face in a more effective and uniform manner.

Mr. Adhir Sharma, IPS -Additonal Director General of Prisons and Inspector General of West Bengal Correctional Services, interacting with the participants