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.

On June 24, 2017, the Burundi Bridges to Justice (BBJ) team conducted a rights awareness event in Mubimbi District of Bujumbura Province which was attended by 114 people, culminating in the presentation of a play depicting an arrest. The attendees represented 76 grassroots communities, each of which counts at least 10 members. The event aimed to improve the population’s understanding of the legal safeguards that protect arrested persons in Burundi, with a particular focus on the right to not be subject to torture. The educational action also encompassed other rights such as the right to initiate legal action against the torturer, the right to be assisted by a lawyer, the right to be brought before the judge within a fair and reasonable timeframe, and the right to be informed of the reasons for arrest.

Community members from Mbimbi gather to learn about Burundian and international torture prevention laws

The BBJ Team gives a presentation on fundamental rights

Over the years, the BBJ team has developed a wide array of methodologies to facilitate ordinary citizen’s understanding of the legal rights and safeguards of arrested persons. The tools and strategies used are designed to be inclusive of illiterate communities, as in 2015 nearly 15% of adults in Burundi were estimated to be illiterate. Therefore, each event relies as much as possible on interactive and participatory audio/visual activities. The Mubimbi event included a film projection, a PowerPoint presentation, a Q&A session, role plays and a final evaluation.

Participants prepare a short play on the rights of the accused

After presenting the Burundian and international laws that safeguard due process rights, the BBJ team led discussions with the attendees that gave them an opportunity to share their experience of undergoing or witnessing human rights violations, bringing to light many strong testimonies. The exercise revealed that, prior to the event, many thought torture was allowed in some situations, or did not know that to be assisted by a lawyer is a sacred right of every arrested person regardless the offence they may be accused of. It also clearly appeared that the population was eager to acquire more knowledge around human rights topics.

Finally, a highlight of the event was the participation of the attendees in a play where a person was arrested and subject to human rights violations, including arbitrary detention and torture. Each of the participants played the part of a stakeholder (police, prosecutor, lawyer, arrestee) implicated either in the respect or violation of the legal procedure. Thus, they demonstrated their knowledge of the awareness campaign material.

At the end of the event, a questionnaire was distributed to evaluate the level of understanding acquired by participants regarding human rights and due process rights.  The results were very positive and participants committed to sharing this newly acquired knowledge with their community members. Participants also recommended that the BBJ team conducts more of such participatory human rights educational events.

Community rights awareness reaches journalism students at Siantou University

In February and March 2017, IBJ conducted an ambitious campaign in Cameroon designed to raise awareness about human rights, criminal procedure and the functioning of the justice system. The program was carried out in the context of IBJ’s Torture Prevention Program in Francophone Africa supported by the Government of Canada. The Cameroonian NGO Advocacy Group, which is led by IBJ JusticeMakers Fellow Yvon Mabofe, implemented the project on IBJ’s behalf.

In a span of 4 weeks, over 2 million people were reached through the campaign. The campaign used a two-pronged approach to raise awareness as widely as possible. The two main activities were:

1. A radio show called “La Minute du Droit” (The Minute of Rights) which ran twice a week for four weeks on the station Radio Campus. Each week had a particular theme: arrest (Week 1), interrogation (Week 2), the right to a lawyer (Week 3), and the functioning of the criminal justice system (Week 4).
2. 3 community rights awareness events explaining the same four themes – the procedure of arrest, interrogation, the right to a lawyer, and the functioning of the criminal justice system – at several Cameroonian schools, universities, small businesses and government administrations.
   

   Members of a small business learn about legal rights in Yaounde

Awareness session for stewardship personnel of the presidency of the Republic of Cameroon

Experts from the Cameroon Bar Association, the University of Yaoundé II, journalists, opinion leaders, and human right experts made valuable contributions both to the radio show and to the community rights awareness events. With a diverse range of organizers and participants, the campaign engaged over 2 million people, especially youth. Over 85,000 students listened to the radio show, and information sessions were held for students from the Lycée bilingue d’Ekounou, Siantou University and the University of Yaoundé. Both the radio show and the community awareness events generated significant interest, particularly among women and educational institutes.

Team of experts during the second emission of “The Minute of Rights”

Want to listen to the radio show firsthand? You can now listen to the 8 emissions of The Minute of Rights directly on the IBJ website!

The Minute of Rights, Emission 1: Arrest

The Minute of Rights, Emission 2: Arrest, continued

The Minute of Rights, Emission 3: Interrogation

The Minute of Rights, Emission 4: Interrogation, continued

The Minute of Rights, Emission 5: The Right to a Lawyer

The Minute of Rights, Emission 6: The Right to a Lawyer, continued

The Minute of Rights, Emission 7: The Functioning of the Justice System in Cameroon

The Minute of Rights, Emission 8: The Functioning of the Justice System in Cameroon, continued

Banners, posters and flyers distributed at the awareness campaigns

IBJ would like to extend its sincere thanks to the following organizations and experts for making the campaign possible:

• Advocacy Group
• L’Ecole instrument pour la paix – Cameroun
• Radio Campus UY2
• Siantou University
• Lycée Bilingue d’Ekounou
• The business Nkot et fils
• Mr Yvon Mabofe, head of Advocacy Group and IBJ JusticeMakers Fellow
• Mr Beyas, Cameroon Bar Association lawyer
• Mr Baye, Cameroon Bar Association lawyer
• Ms Estelle Manga, Cameroon Bar Association lawyer
• Mr Philippe Nouka, Cameroon Bar Association lawyer
• Cabral Libii, human rights expert, journalist and professor at the University of Yaoundé II
• Joseph Raoul Makondo, human rights expert, professo rat the University of Yaoundé II
• Chamberlin, journalist at Radio Campus.

Task Force Lawyers at a roundtable meeting at the IBJ Rwanda Defender Resource Center

On November 4, IBJ completed the successful registration of its local Rwanda chapter, Rwanda Bridges to Justice (RBJ) following the receipt of an official letter of recommendation to implement its activities in Rwanda from the mayor of Nyarugenge district.

Following this milestone, RBJ invited its dedicated task force of lawyers for a meeting to its Defender Resource Center in Kicukiro, in Kigali Province, on the 18^th of November.

The purpose of the meeting was to examine the next steps towards achieving RBJ’s mission to ensure systematic early access to legal representation for all accused persons, thus protecting the basic legal rights of all Rwandan citizens. Together with the 24 human rights defenders in attendance, IBJ Fellow John Bosco Bugingo discussed what could be done to support national legal aid in criminal matters and help achieve the country’s national objective to achieve Access to Justice under UN Sustainable Development Goal 16.

At the meeting, the Task Force lawyers renewed their commitment to promote a pro-bono legal culture – which is key to providing systematic early access to counsel. Challenges to taking on pro-bono cases were discussed, and several recommendations emerged on how to improve RBJ’s efficiency in providing assistance at the earliest stage of a criminal procedure.

The roundtable participants gather after renewing their commitment to advance access to justice in Rwanda

Furthermore, IBJ Fellow John Bosco Bugingo detailed the ways in which RBJ provides support to volunteer lawyers, including mentoring and training opportunities at the Defender Resource Center, online training resources such as IBJ’s eLearning and Defense Wiki, and other capacity-building initiatives aimed at improving the efficiency of legal aid.
Finally, the Task Force acknowledged RBJ’s essential role in ensuring access to justice and encouraging pro-bono culture in Rwanda, and in developing key partnerships with the Rwanda Bar Association (RBA), Association des Jeunes Avocats du Rwanda (Aja-Rwanda) and the Legal Aid Forum. Lawyers committed to maintaining partnerships with existing partners, and to foster collaborative dialogue with justice officials and policymakers through roundtable discussions.

Participants warmly welcomed RBJ’s initiative to set up this Task Force meeting. They enthusiastically stressed that RBJ’s essential work must continue and expand, and they reassured their commitment to assist RBJ in its mission to ensure systematic early access to counsel and to protect the fundamental rights of all accused in Rwanda.

In order to get their tractor and logs back, they had to pay a compensation of around two million riels (500 USD) depending on how much wood was on their tractor to get their wood back and two million riels more for the tractor. These prices were incredibly hard for people who were living without any real source of income.

When the clients went to the court they did not have a lawyer, however IBJ has an office in front of the court in Prey Veng and through this connection IBJ came to represent the clients. The forestry administration did not want IBJ to be involved, but fortunately the court allowed it. Phak Phin, the IBJ lawyer in Prey Veng, has a good relationship with the court from working together on previous occasions. As a result, Phin was able to talk to the prosecutor and get the clients’ tractors returned to them for no compensation. His presence in the case also ensured they were not detained, which was a punishment very much available as they could not pay the compensation ordered by the forest administration.

The wife and mother of one of the victims, as well as some of the other villagers who came to listen to the interview

Today however, they still unfortunately owe compensation to the court for the logs, which would accomplish very little as if they have to pay for the logs it becomes impossible for them to make a profit from selling them. In order for them to pay back their original loans, they will likely end up simply borrowing money from neighbors and family members.

The men’s families explained how thankful they were for IBJ’s service, and how glad they were to have their help. Without them, they would not have their tractor back, they could possibly have ended up in jail, and would owe twice the amount of money that they owe currently. With no jobs or obvious future source of income, they explained that they will likely end up trying to transport the logs again, as to them it seems like their only option. When it comes to helping the severely impoverished, the fact that they do not have to pay the fines for the tractor is hugely helpful, as in their case any improvement on their debt that a lawyer can help with is hugely beneficial.

As a part of a joint initiative between IBJ India and Delhi Prisons to spread awareness among jail inmates about their rights and duties as prescribed under the law, a team consisting of Mr. Ajay Verma, IBJ Senior Fellow and Advocate, and Ms. Pankhuri Mehandiratte, Advocate, visited Central Jail No.3 on 31 March 2015. Tihar Jail has been identified as Asia’s largest prison complex, housing more than 12,000 under trial and convicted belonging to all age groups.

The event saw an active participation of over 200 inmates who had been charged for petty offences and were waiting for their trial to be completed. The main purpose of the event was to make the inmates aware about the provisions of bail and surety bonds and the juvenile justice act while informing them of their legal rights and duties. Mr. Sanjay, the prison welfare officer appointed by the Government as per Delhi Prisons Act, 2000, also contributed to the interactive discussions with the inmates.

Mr. Ajay Verma and Ms. Pankhuri Mehndiratta were given a warm reception by the prison administration. Mr. Ajay Verma discussed the provisions of bail in bailable and non-bailable cases, addressing the common problem of conditions of bail and surety bonds. A brief discussion followed about the provisions of the existing Juvenile Justice Act. Many inmates were under the false impression that the lawyers appointed by the Legal Services Authorities are state lawyers and that they will not get proper representation as they are being prosecuted by the state. Mr. Ajay Verma clarified this misconception after sharing his 13 years of experience working as a Legal Aid Lawyer. The inmates were also informed about their right to free legal aid. This event also introduced the ‘Information Booklet’, developed by IBJ India and Delhi Prisons to further inform the inmates of their legal rights.

Many inmates were hesitant to disclose their details at first, but IBJ India was able to identify 10 people who were in need of legal aid. IBJ will be returning to meet with them one-on-one in order to ensure that they receive proper representation.

The legal rights awareness event proved to be a huge success. IBJ India is delighted to have the support of the prison authorities and will work to strengthen the bond established between the prison administration and IBJ lawyers. The event proved to be another important step towards strengthening the legal justice system in India.

By Ritvik Mawkin, Intern, IBJ India

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

Legal Rights Awareness Campaign for Prison Officers and Defendants

Meeting in Kampongthom Provincial Prison

IBJ Lawyers and Defenders answer questions

Prison Officers and Defendants coming together

Photos generously provided by Kan Seng Houth 

Según un estudio del Gobierno de Bolivia sobre la situación de las cárceles bolivianas, los  privados de libertad llegan a estos lugares por  robo/hurto, asalto, violación, lesiones a otras personas, por  ser consumidores de sustancias prohibidas, etc. Y de hecho, algunos de ellos están mejor dentro de la cárcel, donde encuentran descanso a las persecuciones y  agresiones vividas en el exterior. Sin embargo, también están aquellos que en el transcurso de una larga sentencia, perdieron a su familia y todo vínculo con el exterior. La liberación representa una gran angustia, pues en muchas ocasiones permanecen simplemente sentados  esperando que pase el tiempo de sus condenas. Esto implica un doble castigo, pues no sólo se someten a la pérdida de su libertad, sino también a las pésimas condiciones que existen al interior de la cárcel. Las políticas estatales  no hacen mucho para los privados de libertad, que están desamparados sin visión ni perspectiva en su vida.

Mabel y Verónica Marisol –también JusticeMaker 2011, han tenido la ocasión de encontrarse en Bolivia un par de veces (aunque viven en diferentes partes del país) y de visitar las cárceles juntas. Las prisiones están extremadamente abarrotadas y es frecuente que los detenidos pasen meses en prisión sin acceso a un abogado. Generalmente ingresan en prisión con sus familias, lo que significa que sus hijos viven ahí también en malísimas condiciones mientras sus padres cumplen con sus sentencias [véase la foto de la izquierda].

El 22% de reos en Bolivia está en Cochabamba, que cuenta con seis cárceles. Más de 1.200 muchachos viven en las prisiones bolivianas y concretamente, la situación en la cárcel de San Sebastián (Cochabamba), donde Mabel ha realizado talleres de formación, es tan infrahumana que el techo se está cayendo, tienen un baño para 650 internos, y además el preso tiene que comprarse su propia celda (entre 500 y 1.500 dólares) porque el Estado no la provee por falta de fondos.

Con su proyecto, Mabel “ha aprendido a compartir”. Dice que “parece una palabra sencilla pero encierra muchas cosas: revisar procesos, compartir experiencias, ayudarles en sus causas y encaminarse a otras, conocer a sus familias, etc.”. El objetivo de Mabel es entrenar a los profesionales que representan a los acusados para asegurar que los detenidos tienen acceso a la justicia eficazmente y proveer de formación a los acusados. De esta manera, sabrán por qué han sido detenidos, los derechos que les protegen y las obligaciones una vez que obtengan su libertad.

Dice que “el proyecto ha sido un éxito entre los internos del centro penitenciario de San Sebastián”, creó una revista con dibujos del procedimiento penal para que aprendieran más fácilmente de qué se trata, han asistido a los talleres dispuestos a aprender y realizan simulacros de juicios para que sepan actuar en los juicios orales. Según Mabel, “Lo más importante del proyecto es que son los mismos detenidos los que colaboran con los demás, puesto que la información que se les ha transmitido la replican entre sus compañeros, lo que ha efectivizado el proyecto sobre el conocimiento de sus derechos.”.

Tras su experiencia trabajando en el centro de San Sebastián, Mabel afirma que es difícil avanzar en el proceso con los profesionales, pues cada 3 meses cambian a los funcionarios de Régimen penitenciario y todo el trabajo que se realiza con ellos debe ser nuevamente repetido para los nuevos. Cree que su proyecto tendría un mayor impacto si pudiera organizar jornadas con la prensa y otras instituciones comprometidas al régimen penitenciario.

For English version, click here.