Randall was placed in judicial custody until Advocate Ajay Verma, who is the Senior Fellow of IBJ and the head of IBJ India Trust, filed his bail application. Meanwhile, the Additional Chief Judicial Magistrate (ACJM), the designated court for extradition conducted an enquiry under the Extradition Act, upon the application filed by the Government of India. He was granted bail by the Delhi High Court in February 2018. Verma represented Randall when he participated in the extradition enquiry.

Extradition request alleged that Randall committed offences which caused the death of Allya Siska Nadya by negligence in August 2015 after giving chiropractic treatment in Jakarta.  Later in the evening, the patient experienced severe pain on her back and neck and was admitted to the Emergency Department of a hospital in Jakarta. Next day she was declared dead at the hospital.

Ajay Verma contested that there was no prima facie case for causing death by negligence. He contested that the death occurred due to the medication administered by the Hospital in Jakarta and not by Randall’s chiropractic treatment. He further argued that the proximity of death was closer with the drugs administered, than that of the treatment. Also that the autopsy was not conducted immediately as warranted by the Indonesian Criminal Procedure Code, and was done when the body was in advance stage of decay, four months after the death. It was further submitted that the forensic report does not suggest that the death of the victim occurred due to Chiropractic therapy.

After eight years of the case being tried, the Court of Additional Chief Judicial Magistrate Pranav Joshi discharged Randall on 6^th March 2025 stating, “Prima facie against FC (fugitive criminal) Randall John Cafferty is not made out in respect of the offence under relevant sections of the Penal Code of Indonesian and FC stands discharged.”

When Ajay Verma heard about Randall’s case, he took immediate action. And it is because of Ajay Verma’s diligence as well as deep commitment to his client that Randall is a free man and can fly back to America and be reunited with his family. Being wrongfully accused is terrifying, but being stranded on foreign soil can be a deeply traumatising experience. Timely and quality legal representation by Ajay Verma has resulted in realising justice. And Ajay Verma has been leading IBJ’S work in India since the organisation began its work in 2008.  He has been instrumental in training over 26,825 defense lawyers in India and providing legal representation to over 3000 individuals in the last 24 years.

Roundtable Schedule – Panels, Discussions, and Speeches
The roundtable event opened with welcoming remarks from Me. John Bosco Bugingo, President of Rwanda Bridges to Justice, and Karen Tse, CEO of IBJ. Dr. Žygimantas Juška, Economic Attaché at the European Union (EU) Delegation, followed with a speech highlighting the EU’s steadfast commitment to promoting human rights and justice in Rwanda. An address was given by Mrs. Umurungi Providence, Chairperson of the National Commission for Human Rights (NCHR), who commended the strong collaboration between NCHR and RBJ in advancing human rights initiatives.
The event featured two panel discussions, each tackling critical issues within Rwanda’s justice system. The first panel, moderated by Me. Nkundabarashi Moise, President of the Rwanda Bar Association, focused on the achievements of the Universal Periodic Review (UPR) and the future direction of the Advancing Human Rights in Rwanda project. Panelists voiced concerns over the current lack of legal assistance available, particularly for vulnerable populations and youth, and discussed how coordinating efforts across organizations can address this gap. A senior prosecutor and an Inspector General of National Prosecution Authority, Mr. Ntete Jules Marius from the audience promoted the use of alternative dispute resolution methods to reduce case backlogs.
The second panel spotlighted UPR Advocacy Champions, featuring organizations like Citizen Rights and Development, Empower Rwanda, Stand for People Sustainable Development, and the Rwanda Organisation of Persons with Deaf Blindness. These groups shared their experiences and strategies in promoting human rights under the UPR framework.
The event concluded with closing remarks from RBJ Program Manager and IBJ International Program Director, Mr. Sanjeewa Liyanage, who expressed gratitude to the participants for their open-minded discussions. He highlighted the mutual respect and trust that have become the foundation of collaboration within Rwanda’s legal community and the need to work collaboratively and constructively to sustain system change in advancing access to justice.

Notable Successes of Previous Roundtables
Our four previous roundtable events have yielded significant and tangible results, demonstrating the power of collaborative dialogue in driving policy change. At our inaugural roundtable, three recommendations that emerged from the discussions, among many others, were swiftly adopted by policymakers.
The first recommendation was the incorporation of progressive alternatives to detention into Rwanda’s criminal justice framework. Responding to community demands for options such as probation, rehabilitation, and treatment, the Ministry of Justice introduced Article 3.4.7 into the new criminal code. This amendment enshrines the principle of imprisonment as a last resort, reflecting a more humane approach to criminal justice.
In another vital development, the roundtable recommended the need for better training for correctional officers in addressing trauma and mental health issues among detainees. As a result, the Rwanda Correctional Service (RCS) initiated courses on human rights and mental health for its staff, ensuring that correctional officers are better equipped to manage these issues.
Finally, in response to our recommendation for increased access to early legal services–part of IBJ’s core mission—Rwanda Investigation Bureau (RIB) collaborated with law firms and civil society organizations, resulting in 72% of all handled cases receiving early assistance by a defense lawyer.

Role of Roundtables
The roundtables are a key facet of the Advancing Human Rights in Rwanda project, spearheaded by RBJ. In its opening two years, the initiative has already conducted six training sessions, provided legal assistance and representation to 836 detainees, and offered psychosocial support to 870 inmates. During their presentation, Willis Odhiambo Okul and Vincent Tengeye Makokha noted the remarkable progress the project has made in empowering civil society leaders, human rights defenders, and service providers, enhancing the capacity of justice stakeholders across the board.
Furthermore, roundtables serve as a point of discussion for how to implement the United Nations’ (UN) Universal Periodic Review (UPR) recommendations. The UPR process, a comprehensive review of the human rights record of all UN member states, offers a detailed framework for improving human rights in Rwanda. However, as Mr. William Ndengeyingoma from the Ministry of Justice highlighted during his speech, the recommendations are often highly technical and require careful interpretation and a coordinated effort for effective implementation.
The roundtable format provides a collaborative environment where justice community members can strategize on how to best align Rwanda’s justice practices with these global standards. Additionally, it gave the opportunity to spotlight the trailblazing work of UPR Advocacy Champions, individuals who  have worked tirelessly to set the groundwork for UPR implementation in their communities. For example, the organization Empower Rwanda emphasized their work in combating gender-based violence and promoting gender equality through local awareness campaigns.
These discussions play a crucial role in bridging the gaps between various stakeholders in the justice sector. By facilitating a platform for dialogue, participants gain insights into the challenges and perspectives unique to each segment of the system. This exchange not only enhances mutual understanding but also ensures that innovative ideas for justice reform are heard and realized.

Through JustGiving, you can now make a small donation to ensure that Chanlina, a 13 year-old girl currently detained at a prison in Cambodia, is released and able to go back to school. JustGiving is a global social platform for giving that makes a real difference to causes everywhere.

Despite her young age, Chanlina has currently spent over eight months in a cell along with 87 other prisoners awaiting trial for a crime that she did not commit. In Cambodia, the minimum age for detention is 14 years old, however, since Chanlina is adopted and has no birth certificate to establish her true age, she is being charged as an adult. She passes each day in her cell with no friends, little food, no schooling for her illiteracy, and “feels as if [she] has no purpose”.

After meeting with Chanlina and her adopted mother, IBJ Cambodia’s country manager Ouk Vandeth decided to represent Chanlina on a pro bono basis. Due to the continued postponement of her trial date, Chanlina continues to sleep alone on little more than a plastic bag spread out on the concrete floor of her crowded cell.

Just a small donation can change Chanlina’s life. With your support, we can get Chanlina out of prison, reunite her with her desperate mother, and get her back to school.

Visit JustGiving and donate now.

Some names have been changed to protect privacy.

Pich Sreymom* is an 18 year old girl who was accused of being accomplice to a motorbike theft. Without the means to pay for counsel, she was afraid that her past imprisonment and criminal record would be unfairly held against her. Through the intervention of the IBJ lawyer working in Ratanakiri, she obtained justice in her case.

Sreymom and Mao Sary, IBJ Lawyer in DRC, in front of IBJ office in Rattanakiri

Sreymom does not have a family and lives in a guesthouse that she shares with her friend. On August 28, 2014, at 3:00 am, her boyfriend Vichet came to her guesthouse, and told her that he would go to Oyadav district to give a motorbike to his uncle and would come back the following day. In the morning, the guesthouse owner came to her and asked her where the man who had come to her room went to. After she told him what her boyfriend said, he  then told her that Vichet had stolen the motorbike, and had fled. The next day, police came to the guest house and escorted her back to the police station for questioning. Sreymom repeatedly told the police that she did not steal the motorbike she was then released at the end of the interrogation.

On September 2, 2014, her boyfriend came back to see her at the guesthouse. Soon after, the police arrived and arrested them. Sreymom was sent to court and accused of being the accomplice to the motorbike theft. She was interrogated by the court and then sent to prison. She stayed there for 5 months until her trial could be scheduled.

During her pretrial detention, in a small  cell  she shared  with 23 other prisoners, Sreymom learned about IBJ.  When the IBJ lawyer working in Ratanakiri came to the prison to conduct one of his regular visits, she asked him to represent her case in court.

The trial was held on January 30, 2015. The IBJ lawyer presented a strong case for Sreymom’s release due to lack of evidence as well as the corroborative testimony of Vichet denying her involvment in the theft. The court acquitted her of the charges and she was released on February 4, 2015.

*Name changed to protect her identity.

Submitted by Yohosua Kim, Cambodia

17 September 2014

On September 17, 2014, we went to Prey Veng province to visit Theara, a former IBJ client recently released after being acquitted. Theara’s house is only 40 kilometers away from IBJ’s provincial Defender Resource Center, yet it took us nearly three hours to drive there  considering the rain and mud. IBJ Lawyer Mr. Prak Phin and his assistant Mr. Leang Sina drove us through many green paddy fields until we finally arrived in the early afternoon where we met Theara with his family to tell us his story.

On the road to the village

Back on December 17, 2013, Theara and his wife suddenly woke up at 8: 30pm after hearing a gunshot. His mother in law, living in the house next door, wanted to see what was happening and Theara’s wife asked him to go with her mother. When they arrived at the neighbor’s house where the noise had come from, a lot of villagers were already there. A group of four men had apparently gone into the house with guns to rob the owners. They kicked the husband, bound his hands and threatened his wife, asking for her jewelry and cash. According to the victims, they stole a total of 12 million riels (about 3,000 US$) and an additional 1,545 US$.

By the time the villagers and later the police officers arrived at the scene, the four men were already gone. Nevertheless, the victim’s wife said she recognized Theara as one of the men who had just robbed her. She said that she heard the perpetrators speaking in a particular dialect which was, according to her, only known by Theara in the village.

Theara and his two daughters in front of their house

With no further investigation, the police officers arrested Theara and took him to the police station for further interrogation. While in police custody, the officers told Theara to confess and demanded to know the names of the other perpetrators. When he denied being involved, they started to kick his left leg, which was already weak, again and again for several hours. No one informed him about his right to a lawyer and he had never heard of legal aid services. After two days in police custody, Theara was sent to Prey Veng prison where he endured an overcrowded cell and harsh conditions.

This story shows once again how proper investigation techniques in Cambodia are less often used. Due to a lack of means and will, arresting someone and making him/her confess is still the more convenient and cheapest way of solving a crime for the police.

After a few months in prison, a court clerk finally asked Theara if he had a lawyer. As he did not, the investigating judge appointed him IBJ Lawyer Mr. Prak Pin. The first time they met, Theara felt stressed, but was also relieved not to be alone anymore. From the moment he met Prak Pin, he trusted him and knew he had a chance to get out of prison.

IBJ lawyer Prak Phin & Theara

On August 28, 2014, after more than 8 months of detention, the trial finally took place. Theara was accused of theft with violence, punishable by imprisonment from three to ten years according to article 357 of the Cambodian Criminal Code. The IBJ defense lawyer brought exculpatory pieces of evidence before the court, including 8 eyewitnesses, one of which was the victim’s aunt, and 58 villagers’ testimonies (including the village and commune chiefs) attesting to Theara’s alibi and innocence.

On September 3, 2014, the judge issued his verdict: Theara was acquitted. He was released five days later. He immediately went to take care of his mother in Battambang province (450 km from Prey Veng) who had fallen ill while he was in prison. Theara is now taking care of his mother and working to cure his left leg before returning back to work as a fruit picker in a few months.

While Theara was detained, his 16 and 17 year old daughters had to work at a factory to support the rest of the family, including a three year old baby, while his wife was forced to take out a loan.

Though he is now back in his village, he has yet to see the neighbors who accused him of theft and is afraid of meeting them again.  “I have a family to feed and a loan to reimburse, so I need to work as soon as possible and avoid problems.” Unfortunately, this is also the reason why he will not be suing his neighbors for compensation or prosecute the police for ill-treatment.

Prak Phin, provincial lawyer (right) and Leang Sina, provincial investigator (left)

Theara is very thankful to IBJ and their defense lawyers. He concluded by saying “ {An} IBJ lawyer found justice for me. I {could} never thank you enough. Without a lawyer, I would probably still be in prison. IBJ offered me a rebirth!”

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.

Since the establishment of the IBJ Rwanda Program in 2010, IBJ has been building partnerships with the Ministry of Justice, the Prosecutor General’s Office, and the Kigali Bar Association (KBA). To create a climate for reform within the justice system, IBJ continues to work with the Ministry of Justice on plans for a comprehensive national legal aid policy and operational framework, working to ensure criminal legal aid is not overlooked. As Rwanda rapidly modernizes, IBJ will continue to play critical role in Rwanda’s justice system. But not without your help.

Quick Facts

• Defender Resource Center (DRC) operating in Kigali
• 265 cases already handled
• Over 30,000 individuals made aware of their legal rights
• Over 200 justice officials have attended IBJ trainings and roundtables
• Two radio rights awareness campaigns conducted, reaching over 200,000 individuals

John Bosco Bugingo, IBJ Rwanda’s Country Officer, has traveled around the country talking to the public and law enforcement officials, engaging them in constructive discussions about their role and responsibilities within the justice system.
IBJ is more prepared than ever to reach out to lawyers and the public who need their services and to connect them in empowering relationships. By hosting meetings of the Criminal Defense Task Force and the Legal Defense Skills Training Workshop, IBJ is preparing the next generation of legal talents and future justice sector leaders. Your donations, made here, will go directly to training young criminal defense lawyers and the educating ordinary citizens on their legal rights.

Future challenges

With the development agenda straining to meet a myriad of needs, few resources are directed towards developing the rule of law. Poorly trained and poorly paid police forces resort to torture as the cheapest form of investigation – the surest and swiftest way of securing a suspect’s confession. These practices undermine any confidence in the rule of law and poison the country’s goal of national reconciliation. IBJ hopes to consolidate the Kigali Defender Resource Center and establish a new DRC to address the country’s growing needs while continuing capacity building and training.

Help make this a reality by joining the #SEChallenge!

For more on IBJ Rwanda:

http://www.ibj.org/where-we-work/rwanda/

http://www.ibj.org/meet-ibj/our-team/team-rwanda/

http://www.ibj.org/category/programs/rwanda/

IBJ’s first lawyer training in Bulawayo, Zimbabwe’s 2nd largest city, in May 2011

International Bridges to Justice (IBJ) first established its Zimbabwe Country Office with the Harare-based DRC, which has quickly become a crucial legal hub for the entire nation and has consequently led to increased cooperation with local civil society. The program was established in 2008, the same year a government power-sharing agreement was signed to facilitate the adoption of new legislation, particularly in the field of human rights. This has created an unprecedented opportunity for effective human rights enforcement.

Since the beginning of this project, IBJ Zimbabwe has already come a long way. The police and prison officials have grown more accepting of lawyers’ interventions for the accused. Most notably, IBJ’s influence on Zimbabwe’s practices and legislation as evident by the institution of a free bail system, where low-level offenders are freed from pre-trial detention on condition of appearing for trial.  Your donations made this possible. Please click here to donate again and be part of their transformative work.

Quick Facts:

• 2013 Prison Population: 16,902 (129 per 100,000)
• IBJ-mobilized lawyers took on 108 pretrial detainee cases between December 2009 and October 2010
• In 2010, there was a 42% increase in IBJ-trained lawyers meeting the minimum competency standards for representation of accused persons
• Further, a 81% increase in preventing the use of coerced statements in criminal proceedings was seen
• In 2011 and 2012, IBJ lawyers represented more than 150 indigent accused who otherwise would have had no access to counsel

IBJ’s relentless fight for legal rights has been recognised in a positive light as Innocent Maja, Country Fellow, was featured as a facilitator of a January 2011 panel discussion on the abolition of the death penalty in Zimbabwe. In the same year, IBJ legal fellows appeared and were interviewed on the Zimbabwe Broadcasting Corporation’s SFM “Wheels of Justice” radio program, which is estimated to reach a half-million listeners. However, the IBJ program works not only on the national level, but takes measures to reach out to smaller communities in remote, rural provinces.

At the September 2014 roundtable meeting, the IBJ Zimbabwe fellows were able to address the main causes of the rise of corruption in the system such as poor remuneration for legal practitioners and other key justice stakeholders, general decline in morals and ethics, a culture of greed and self-enrichment, poverty, and abuse of power by state officials.

In order to consolidate and sustain progress through this next phase, IBJ has defined three imperatives for its future work in Zimbabwe:

• Expand the Defender Resource Centers to meet the country’s legal representation needs
• Continue and expand capacity building training of legal professionals
• Expand the reach of legal rights awareness campaigns to empower indigent Zimbabweans to claim their rights

This is why we are calling for your donations to IBJ Zimbabwe this week. Your continued support for International Bridges to Justice and IBJ Zimbabwe is the only way we can guarantee all citizens the right to competent legal representation, the right to be protected from cruel and unusual punishment, and the right to a fair trial throughout the country. We cannot thank you enough for your generosity.

For more on the Zimbabwe Program:

http://www.ibj.org/where-we-work/zimbabwe/

http://www.ibj.org/category/programs/zimbabwe/

http://www.ibj.org/meet-ibj/our-team/team-zimbabwe/

Burundian Lawyers following one of IBJ’s eLearning Modules

International Bridges to Justice (IBJ) has been providing early access to council in Burundi since 2006, with the establishment of a Defender Resource Center (DRC) that now covers 9 of the 17 provinces.

Since the establishment of a DRC in the capital city of Bujumbura, IBJ has developed strong relationships with the Minister of Justice and other key justice stakeholders of the Burundi Bar Association. In April 2009, a revised version of the Burundi Penal Code was ratified, criminalizing the use of torture, when our DefenseWiki became available to justice officials through IBJ’s DRC in Bujumbura. Since then, over 400 justice sector professions have participated in DRC trainings and roundtable discussions.

 Quick Facts: 

• IBJ lawyers have handled 360 cases with a 30% acquittal rate
• 60% increase in access to lawyers for those in policy custody
• 8 imprisoned children have received legal aid within the last few months
• IBJ lawyers and advocates make weekly visits to educate prisoners about their basic legal rights
  • 14 rights awareness campaigns held: 13,000 “Know Your Rights” posters distributed, reaching over 31,000 individuals
  • 85% of individuals educated by rights awareness campaigns agree they are in a better position to ask for the respect of their rights in case of arrest

Lawyers, Judges, and Police Officials come together for Roundtable Discussions

In 2010, President Pierre Nkurunziza ordered the immediate release of hundreds of prisoners from the overcrowded prisons. The incorporation of an IBJ rights awareness slogan into Article 110 of the Criminal Procedure Code signed in 2013,  shows to what extent Burundi’s government is interested in further developing our programming on the national level.

Despite IBJ’s substantial progress, the country is still estimated to have only around 300 lawyers to serve a population of approximately 9 million. The prison population has recently reached 11,000, with the majority of inmates unable to afford legal representation.

IBJ Burundi will continue to train judicial officials on all aspects of the legal process and provide legal aid for minorities, minors, and vulnerable people. It’s time to take the success of IBJ Burundi’s programming in Bujumbura and implement it countrywide!

Thank you in advance for helping to bring universal access to legal aid in Burundi. Join the #SEChallenge and donate today!

29 October 2014

IBJ India Team at the Awareness Camp

On the 13^th of August 2014, a team of IBJ India lawyers visited Tihar Jail #7. The jail is part of Asia’s largest prison complex, housing young offenders who are in conflict with the law and are between the ages of 18 to 21 years.

The jail house as many as 862 adolescent inmates, most of whom are being tried for petty offences and awaiting their release on bail. An overwhelming number of detainees lack the basic awareness of whether or not their offence is bailable. This in turn leads to overcrowding in jails and detention centers all over the country.

Under the Indian Criminal and Procedural Laws, young offenders (between 18 to 21 years) are entitled to the same protection of law and access to fair trial as an adult offender. Section 167 of the Code of Criminal Procedure entitles inmates to a statutory bail in cases where no charge sheet has been filed against them by the police authorities. The statutory right to bail accrues within a period of 60 days upon certain administrative failures. This occurs in the failure of the police agency to file a charge sheet for an offense punishable for up to 10 years in prison, as well as when charge sheets fail to be filed for a case within 90 days, punishable with imprisonment for more than 10 years and up to life.

Young undertrial prisoners participating in the Awareness Camp

Though most of the inmates were between the ages of 18 to 21 years, there were still some who claimed to be under the age of 18 years and had a dearth of documents to prove their true age. The team of IBJ India lawyers consisting of IBJ India Fellow Mr. Ajay Verma, Mr. Ajay Raghav, Pankhuri A. Mehndiratta, along with advocates and interns, were able to identify a few inmates who were languishing in the prison without any legal representation due to reasons such as indigence and lack of legal awareness.

IBJ fellow Mr. Ajay Verma led an interactive legal awareness session on the topic of ‘The Rights of the Undertrial Prisoners’, ‘The Provisions of Bail,’ and ‘The Need to Ascertain the Age of the Detainees at the Time of Arrest.’ These sessions were conducted through the means of an age memo in order to rule out the possibility of juveniles being tried by the adult criminal justice system.

Ajay Verma, IBJ Legal Fellow, speaking with an inmate

The representatives of IBJ India were received warmly by the prison authorities and inmates alike, and saw a forthcoming response from the gathering of about 100-120 inmates who were eager to receive support in any manner possible.

Legal awareness camps and workshops such as this one go a long way in empowering the inmates through information and awareness about their legal rights. Such awareness raising activities also dissminate information regarding the course of the trial and the ideal course of interaction between individuals in the criminal justice system.