Sanjeewa Liyanage and Professor Wang Xiu Mei

Mr. Liyanage began by giving a comprehensive description of where torture is brought up in international law, and eventually went on to define torture, citing the UN Convention Against Torture. He explained how the Convention prohibits investigative torture, detailing torture clauses in various international treaties and statutes. He described how freedom from torture is non-derogable, meaning there are no exceptional circumstances whatsoever that may be invoked to justify torture, including war, threat of war, internal political instability, public emergency, terrorist acts, violent crime, and any form of armed conflict. From there, bringing the argument back to the students in the room, Mr. Liyanage highlighted that torture is prohibited in several countries in Asia, including China, and in particular under Chinese criminal law and criminal procedure law.

IBJ’s International Program Director Sanjeewa Liyanage and Beijing Normal University

Mr. Liyanage also spoke at lengths about the current global torture situation. He mentioned where, when, and how torture is practiced, and that torture still regularly occurs in countries where it is expressly prohibited by law. He then posed the contradiction that there are several organizations around the world that work on torture issues, but they, for the most part, address the problem after the torture has already occurred. Instead, Mr. Liyanage argues, the most effective way to prevent torture from happening is to provide the accused with early access to competent and committed counsel. That way, with the presence of a lawyer at the time of arrest, a collaborative dialogue with stakeholders in the justice sector, and public awareness of individuals’ rights, we can prevent torture before it begins. He backed this argument by juxtaposing it with concrete examples of how IBJ programs have contributed significantly to reducing torture as an investigative tool in many countries and localities where IBJ lawyers are actively engaged in safeguarding basic legal rights of ordinary people. Finally, Mr. Liyanage concluded with an optimistic pronouncement that the solution is before us, and that torture can, indeed, be ended during the 21st century. He argued that, at one point, slavery and the apartheid were viewed as something that could not be easily brought to an end. But relentless and strategic efforts by social movements have ended these practices. He explained that to end torture we need to have the will to do so and a viable strategy, remarking that the strategy employed by IBJ could be expanded to reach this goal.

Masters and PhD Law Students at Beijing Normal University

The lecture was very warmly received, and the students confidently posed questions. Many of the law students were so impressed, that they wondered how they could get involved with IBJ efforts in China.

IBJ China Staff at the Beijing Office

The program began with an introduction meeting, where the staff was
first asked to give their individual stories (the “me”), how our
collective identities have come together at IBJ (the “us”), and,
finally, the challenges, risks, and hopes that our community faces when
dealing with the criminal justice system in China (the “now”). We found
that although we come from very different places in the world, our
experiences, values, goals, and fears are overwhelmingly similar. The
principals of empathy and volunteerism were expressed as underlying
morals we all share. We discussed how our collective dedication to human
dignity and upholding the rights of the accused are both values that
bring us together. Finally, the group summed up some of the challenges
and risks we face in China, which everyone agreed are both greatly
eclipsed by the hope IBJ has for the future of developing a fully
inclusive criminal justice system in China.

IBJ's China Staff Meets in Beijing

Mr. Liyanage concluded the session by offering his “me, us, and now”
story. His remarks solidified much of what had been discussed thus far
during the meeting.

On the second day of the retreat, staff members were introduced to the
city. We took a team-building trip to Jingshan Park, which rises above
the Forbidden City in central Beijing, and gives a panoramic view of the
entire city.

Climbing Beijing's Jingshan Park

The retreat was an overwhelming success, and, aside from highlighting
some important plans IBJ has for the future, helped to develop a sense
of community among China’s IBJ staff. Bonds were built, friendships were
formed, and our time together reminded us that while it may seem we work
in small offices located in cities around the world, IBJ is an
international support network that works as a team to achieve its goals.

Team Building at Beijing's Jingshan Park