IBJ’s Annual Report 2009

“This past year, I again had the extraordinarily fulfilling experience of spending time with many of you who make IBJ possible – board members, supporters, staff, fellows, volunteers, and friends. I was deeply moved by your resilience in the face of adversity and rejuvenated by your light in times of darkness. Your vision and courage have written a story about IBJ – one of hope and determination – for even as we fall down, we get back up.

I deeply appreciated my time with our India fellows, who face serious challenges and obstacles. Working in a country where custodial deaths are commonplace, they regularly confront cases of illegal detention, coerced confessions, and torture. Yet, glimmers of hope keep shining through.

Fellow Abhijit Datta arranged for me to meet two accused persons. One was a fifteen-year old girl who had been beaten by the family she worked for and accused of stealing gold. Without due process, she was sent to a juvenile detention facility. Months later, an IBJ appointed lawyer secured her release. The other was a man accused of stealing electrical wires. He recounted how police had inserted acid into his rectum to extract a confession. Another IBJ-appointed lawyer secured his release.

Both individuals were fortunate — countless accused persons without lawyers remain in pretrial detention indefinitely. This is why we need to establish systematic early access to counsel. Pilot programs to deliver this important right have been proposed in Delhi and Calcutta. This dream may seem far away. Yet, when meeting with lawyers in Calcutta, I sensed that they had the strength to will this hope into action. They described falling down and getting back up, and coming together with faith in the future.

In Zimbabwe, there are similar stories of hope in the face of despair. Zimbabwe has long been a challenging place for lawyers. But today, lawyers are standing up together to rebuild the legal system. I visited a Zimbabwean prison, where five IBJ clients had died in the past year and 30 percent of the prisoners went unfed every day. When I asked the prisoners how long they had been in pretrial detention, their answers ranged from two to nine years. They told me stories about their detention without due process, and after each story, others stood and clapped. As I left, they sang a traditional song – “Don’t forget us,” they said.

We only have two lawyers working in Zimbabwe. However, their determination to achieve legal reform to help prisoners like the ones I met truly inspires me. Three years ago we hired a former student of mine, Ouk Vandeth, to head our Cambodia program. I asked him to pledge that Cambodia would have a functioning legal aid system during our lifetimes. He replied, “Teacher, I cannot promise you that.” A few months ago, he called me to tell me how much progress IBJ has made in Cambodia. Now he could assure me that before we die, our dream will be fulfilled. He added, “We fall down, but we get back up.””

Karen I. Tse 
CEO and Founder