Gatavu Audace is a human rights defense attorney in Bujumbura, Burundi, who has witnessed the plight of people living with HIV/AIDS in Burundi’s criminal justice system. These experiences moved Audace to use his legal skills and connections within the legal community to create a network of pro bono defense attorneys to provide legal counsel to the most vulnerable within the criminal justice system who are without any legal defense.  Audace’s courage to devote his professional life to defending those most marginalized was awarded by International Bridges to Justice with the JusticeMakers Fellowship in 2012. Now two years later, he continues to raise the voices of the hopeless with renewed persistence.

Gatavu Audace

2012 HIV/AIDS JusticeMakers Fellow, Burundi 

September 5, 2014

What made you apply for IBJ’s JusticeMakers Competition?

When I applied for IBJ’s JusticeMaker Competition, I was working with people living with HIV/AIDS and I was shocked by the way they were threatened in prisons. They were {not} considered as normal prisoners because of their incurable disease. I applied therefore to save some from prison as soon as possible.

What were some of the initial challenges you faced in implementing your work?

I faced the challenge of talking to judges that do not {give} consideration to the particular situation of prisoners with HIV/AIDS. There was a serious problem of undue delay of procedures and these people were hopeless! Some of them refused to take their medication and died in prison just because they considered their life already lost!

 What were you able to achieve with your grant of $5,000?

I stood beside hopeless people and raised my voice for their cases. I encouraged some of them not to give up despite the hardships they were experiencing. With the $5000, the prison officials and prisoners and the community knew that these people have value and are worthy. In representing them before the court, I gave them the consideration they longed for since they knew they was HIV positive.

What have you gained from joining the international community of JusticeMakers Fellows?

I am always learning from other Fellows. I now belong to a community of service providers to which I am conscientious of the quality of their work.

 As a recipient of IBJ’s JusticeMakers Competition, what advice would you give to those looking to apply?

 IBJ’s JusticeMakers Competition is an opportunity that is given to YOU to serve YOUR community. Don’t miss it! Try! You’ll never know if you do not try!

Since 2009 Ram has continued his work with families affected by enforced disappearance in Nepal. Ram’s father Tej Bahadur Bhandari was kidnapped by state police forces on December 31^st 2001. Along with 1,300 others that were taken by both State and Maoist forces between 1996 and 2006, this record of disappearance has become one of the greatest unaddressed legacies of Nepal’s Civil War.

Families of those disappeared continue to languish in pain while the government by and large continues to overlook the issue. For much of the past 5 years the government has been involved in a number of post conflict transitional justice initiatives including the framing of a new constitution, integrating the state and rebel army and developing a plan for state restructuring. In addition, the comprehensive peace agreement signed in 2006 laid the groundwork for two commissions – one on disappearances and one for truth and reconciliation – meant to deal with the injustices and human rights violations perpetrated during the conflict. Neither of these commissions has been formed and no cases of disappearance, extrajudicial killing or human rights violations have been tried in court. The human rights community has rallied around numerous emblematic cases, bringing much needed attention to some of the violations that took place, but for the most part families continue to wait in silence. While the government has provided some monetary reparation, families seek the truth and remains of their loved ones in order to perform the last nights required in the Hindu tradition.

These are but a few of the barriers to justice and reconciliation for the families of the disappeared in Nepal. The end of the conflict in 2006 brought a surge of hope and belief that the country could and indeed would move forward, forging a ‘New Nepal’ that would respect the rights of its citizens. It is these families and rights that Ram Kumar has been working to defend for the past 5 years. His work began in 2007 and was in large part enabled by the IBJ JusticeMakers Fellowship. Today Ram is the founder and chairman of the National Network of Families of the Disappeared and Missing (NEFAD) that represents more than 1300 families across Nepal that have suffered the disappearance of their loved ones. NEFAD works tirelessly to bring the voices and concerns of these families to the capital, Kathmandu, to be included in the national transitional justice debate.

IBJ’s work focuses on investigative torture, pre-trial detention and the usurping of freedoms within poorly functioning judicial systems. Those who were disappeared during Nepal’s Civil War were done so without legal precedent and without trial. In many cases, including that of Tej Bhandari, people were accused by the state of being rebel supporters and were detained without proof. Unfortunately those violations cannot be undone, but activists like Ram fight everyday to achieve truth and reconciliation for the families. New Nepal has yet to arrive, but gradual progress is being made everyday on these issues and hopefully one day the families of the disappeared in Nepal will be able to rest in peace, having learned the truth about their family members.

If you would like to read more about Ram’s work, please visit the NEFAD  website.

In addition all of IBJ’s Country Program Fellows were in attendance and honored as special guests – representing Cambodia, China, Zimbabwe, Rwanda and Burundi. A significant portion of IBJ Geneva Staff was also in attendance.

Above: Bijaya Chanda – 2010 JusticeMakers Fellow India; Joyce Zhao Hao – IBJ China Country Program; Nana Chapidze – 2010 JusticeMakers Fellow Georgia; H.M. Harshi Chitrangi Perera – 2010 JusticeMakers Fellow Sri Lanka; Rosselyn Jae Garcia de la Cruz – 2010 JusticeMakers Fellow Philippines.

The Program started with a welcome address by IBJ Founder & CEO Karen I. Tse. Speakers for the night also included Kishore Mahbubani – notable academic, Professor in the field of Public Police and Dean of the Lee Kuwan Yew School of Public Policy at the National University of Singapore, and author of “Can Asians Think?” Daniel Fung, President of IBJ’s Board of Directors, also spoke at the event and welcomed all of the guests to Singapore in support of IBJ. IBJ Country Fellows Ajay Verma from India, Joyce Zhao Hao from China, and Innocent Maja from Zimbabwe also gave inspirational and memorable speeches during the evening.

Above: Sanjeewa Liyanage -International Program Director, Geneva; Karen Tse – IBJ Founder & CEO, Geneva; Peter Kenyon – Operations Director, Geneva; Kellie Krake – Training Director, Geneva; Paul Demakis – IBJ Deputy Director, Geneva.

Above: Subhas Anandan – Senior Counsel and Senior Partner of Khattar Wong law firm and prominent Singapore criminal defense lawyer; Sanjeewa Liyanage – IBJ International Program Director, Geneva.

Above: Vivian Dinh – IBJ Volunteer Lawyer, Singapore; Jamila Willis – IBJ Volunteer Lawyer, Geneva; and Kara Nottingham – IBJ Volunteer Lawyer, Geneva.

Throughout the evening there was a silent auction taking place, where interested parties bid on a variety of goods, ranging from jewelry, art, a spa treatment at the Grant Hyatt Singapore, Golf Lessons with a Professional Golfer, Brunch for six at the exclusive Flutes Restaurant, to an Apartment Rental in a Picturesque Portuguese Costal Town and a Three-Day Porsche Rental. All of the items were auctioned off successfully.

At the end of the evening, a live auction was also held, which was hosted by well-known television personality star in Singapore. During the live auction, participants bid on items including a Week Long Vacation Home in St. Moritz, an original Diane Von Furstenberg Dress, a packaged Golf Resort Retreat, a two-night hotel stay at the St. Regis Hotel, and a designer watch.

All of the proceeds raised during both the silent and live auction will go towards running IBJ’s Global Programs and ensuring their continued sustainability and success. All goods for both the silent and live auction were donated to IBJ from various sources.

First row from left: Ajay Verma – IBJ India Country Fellow; John Boscoe Bugingo – IBJ Rwanda Country Fellow; Ouk Vandeth – IBJ Cambodia Country Fellow; Astere Muyango – IBJ Burundi Country Fellow – Kellie Krake – IBJ Training Director, Geneva; ADD; Innocent Maja – IBJ Zimbabwe Country Fellow; Paul Rickard – IBJ Cambodia Program Officer; Tay Kok Chin – IBJ Singapore Director; Second row from left: Joyce Zhao Hao – IBJ China Country Program; Vivian Dinh – IBJ Volunteer Lawyer, Singapore; Kara Nottingham – IBJ Volunteer Lawyer, Geneva; Jamila Willis – IBJ Volunteer Lawyer, Geneva; Junaid Khalid – 2010 JusticeMakers Fellow Pakistan; Paul Demakis – IBJ Deputy Director, Geneva; Bottom row from left: Chen Dong – China Country Program; Peter Kenyon – IBJ Operations Director, Geneva; Liam Hanlon – IBJ Intern, Geneva; Fanny Cachat – IBJ Africa Program Officer, Geneva; Marcus Starke, former IBJ volunteer.

Altogether, the Gala was a great success – bringing together members of the global community who are aligned in an effort to promote IBJ’s mission of eradicating torture and ensuring that every man, woman and child has access to counsel at the earliest possible stages of criminal proceedings. The Gala also served as an opportunity to unite IBJ staff and supporters, spread across different continents, and to bring everyone together to share a special evening in celebration of IBJ’s work, and the important achievements that have been made and that will continue to come. IBJ would like to thank all of the volunteers, participants, sponsors, and supporters who contributed to making this event a huge success.

Above: Hlengiwe Msibi pauses as she recounts the ordeal that led to her trial, which JusticeMakers has taken an interest in, outside her home near Manzini, Swaziland. (Photo by Nick Loomis.)

“The court president stated that if a person stabs you, you should stab him back, Hlengiwe said. “So the accused was acquitted.”

That is when Buhle Dube and the JusticeMakers stepped in to investigate her case. Already observing the court they approached Hlengiwe after the verdict.

“There’s a lot of irregularities,” second-year law student and JusticeMakers intern Phakama Shili said. “We are going to take up the matter for review.”

Pointing to other events that occurred before the trial Hlengiwe sees evidence of corruption.

“Police officers told them (the accused and boyfriend) that they must carry 240 Emalangeni for the fine and the accused was told to bring the knife she used to stab me,” Hlengiwe said, adding this could have influenced the verdict.

Above: Hlengiwe Msibi says stands near her home outside Manzini, Swaziland. (Photo by Nick Loomis.) 

“That decision had been taken a long time ago because the police officers were given money by my boyfriend and the accused.”

Complicating matters is the traditional courts’ structure, which does not allow lawyers and employs a convoluted system of appeals. The JusticeMakers have discovered these difficulties firsthand while working on her appeal.

“The law was not clear on what to do in that regard so we wrote to the highest authority within the customary courts hierarchy asking them to order a review of that case so that the complaint we’re bringing to them can be addressed,” Dube explained.

“Unfortunately the letter bounced back.”

Above: Hlengiwe Msibi pauses as she recounts the ordeal that led to her trial, which JusticeMakers has taken an interest in, outside her home near Manzini, Swaziland. (Photo by Nick Loomis.)

Referring to the lack of justice and bureaucratic red tape Hlengiwe says her trust in the Swazi courts has eroded.

“I feel like I’m being suppressed,” Hlengiwe said. “I was hard done by the decision and I felt like we were not in the real justice system.”

Inside the GK Prison Saloon – Photos by Ian MacLellan 

Ian and I bought our first souvenirs today – woven baskets made by women at Kodiaga women’s prison – an appropriate first souvenir for our trip which has consisted of over a dozen prison visits. I always imagined prisons as steel bars and white cement blocks, uniforms and handcuffs. But here, I am surprised every time we cross the prison gates. At a women’s prison, children and babies greet us shouting ‘Muzungu, Muzungu,’ – white man, white man. Their mothers, dressed in the white one-pieces worn by convicts send them over to shake our hands. Children of tender age, 4 and under, are permitted to stay with their mothers when they have nowhere else to go.

Some women sit in the corridors talking and playing with their children. Others do the washing and lay clothes out to dry. We joined CLEAR Eldoret, affiliated with CLEAR Kisumu, who visit the prison regularly for legal education. The women’s prison is very different from what I have come to expect. At Kodiaga and Kibos, the inmates are far more inquisitive and assertive. They seem determined to understand the law, to file their appeals, and get out. In contrast, the women sit so far from Winnie, CLEAR’s student intern, I wonder if they can even hear her speak. They seem rather complacent, chatting, coming and going during the presentation. Or rather cultural norms have made them this way. Many are content waiting on their husbands and families to come to their aid.

Finally, one woman pipes up and asks a question. Winnie walks over to answer, and sits down down with her. We move from our seats and walk over as well, leaning in to hear her question, audible above a whisper. I realize that their quiet and reserved demeanor should not be confused with complacency. They want out. The food is terrible, their children don’t get enough to eat, and the bed bugs keep them from sleeping. But many women simply lack the capacity to take independent action. Educating women about their legal rights comes with its very own set of challenges; they need encouragement and a personal approach.

Dark clouds, and the whole affair comes to an end. The wash was left out on the field to dry and must be collected before the rain falls. Maybe it’s the relaxed atmosphere, the presence of children, or the G.K. Prison Saloon – a Government of Kenya beauty salon located just outside the main gates, but I find the whole experience to be rather bewildering. I don’t know if these women are any more informed by our visit, but I leave with greater respect for CLEAR staff. Change comes with time, and this work requires patience.

 Photo Ian MacLellan

On Wednesday afternoons, Peter Onyango, a Justice Makers advocate and Rodney Oluoch , a CLEAR pro bono lawyer set out to provide legal training to inmates at Kibos Prison. For two hours, the prison’s small welfare office is transformed into a makeshift law school. Fourteen students in black and white stripped uniform crowd into the small room carrying notebooks and pens provided by CLEAR. The course runs March through August, providing prisoners with practical legal training so that they can advise fellow inmates and represent themselves in court.

In true teaching style, Peter removes his jacket and asks a prisoner to remind the class where they left off last week. “It is just satisfying doing such work. What we teach them will really help them, and it is satisfying to give people a little of what you know,” said Peter. “By going to prison we are able to bring justice closer to the people who do not have access to lawyers, to those who have been denied their freedom, and who the system will never consider differently.”

Having taught the prisoners how to prepare the documents required to mount an appeal, today’s lesson addressed the procedure of an appeal hearing. The inmates questions challenge even the advocates at times. Some cite clauses by number, requiring Peter and Rodney to flip through books on Kenyan law before responding.  One prisoner has developed a new line of argument to challenge the robbery with violence charge, and the room breaks into discussion as prisoners and advocates alike test the idea.

The inmates are serious students. With limited access to law books, they have begun to transcribe the criminal procedures code by hand and hold group discussions to prepare for hearings. Many prisoners are capital offenders, convicted of either murder or robbery with violence which carries a mandatory death sentence, and will likely live and die in prison. Their only hope is to mount a successful appeal.

Peter and Rodney advise prisoners on how to prepare their documents, developing lines of argument, and representing themselves well in court. The Court of Appeal – Kenya’s highest court is very careful when confirming or dismissing a sentence. The rules are highly technical and the courts unsympathetic, so knowing the law – and how to argue it, can make all the difference.

The Kibos program is supported directly by the International Bridges to Justice – JusticeMakers grant which funds transport and material costs.   

Besides taking pictures, I have been doing a lot of planning on visiting important parts of the culture of human rights in Kenya. Humera and I will be touring the Kakuma refugee camp near the Sudan border for a week, going on a safari to experience what tourism means to Kenya, since it is such a vital part of the economy and of the international perspective of Kenya, visiting large farms and apiaries, hanging out with more children at orphanages, visiting all the other CLEAR offices in Kenya to get a wider view of the work being done and the work that needs to be done, visit churches and other religious services to help with our understanding of faith and morality in Kenya, and visit as many government, UN, and NGO offices as possible to interview and discuss political and human rights issues in Kenya.

CLEAR-Kisumu JusticeMaker Peter Onyango discussing with a client’s parents at Oyugis Court House.

Peter catching some rest after a long morning traveling to pro-bono court cases.

Outside of the Oyugis Court House

Matatu ride back from early morning court visit with Peter from the CLEAR-Kisumu JusticeMaker project.

Students at a local Kisumu secondary school participate in law clubs organized by the CLEAR-Kisumu JusticeMaker’s Project.

Local cow, while travelling to Usenge with Joan Neto, an advocate who does work for the CLEAR-Kisumu JusticeMaker’s Project. Neto is helping a local man named Henry Kissinger provide legal advice to the community and she helps him organize his legal documents. Kissinger runs a community center in Usenge, which brings internet and computers to the locals and teaches sustainable farming practices in the wake of the dying fishing industry. Usenge is historically completely economically entwined with the fisheries. Through Kissinger’s Vision 2015 plan he hopes to change that, making Usenge a tourist destination.

Henry Kissinger’s 104 year old grandmother insisted that I take her picture in this pose.

Here is where I make the departure from black and white to color. I still made the black and white editions, but just decided against it. A thunderstorm brewing outside the CLEAR-Kisumu JusticeMaker’s Project office.

Heavy rains down mainstreet Kisumu.

Thunderstorm outside the CLEAR-Kisumu JusticeMaker’s Project office.

Dennis Okore, a communications intern for the CLEAR-Kisumu JusticeMaker’s Project, sits outside the office as a storm approaches.

Children at the Kisumu Children’s Remand Home celebrate the day of the African Child. CLEAR-Kisumu JusticeMaker’s Project represents some of the children in court and was a sponsor of the event, which celebrates the rights and freedoms of African children.

Children at the Kisumu Children’s Remand Home line up for lunch.

Accounting for all the children at the Kisumu Children’s Remand Home.

Children participate in games at the Day of the African Child celebrations at Kisumu Children’s Remand Home.

The inner courtyard of Kisumu Children’s Remand Home, where the CLEAR-Kisumu JusticeMaker’s Project represents some clients and assists with legal advice.

The inner courtyard of Kisumu Children’s Remand Home, where the CLEAR-Kisumu JusticeMaker’s Project represents some clients and assists with legal advice.

Kenyan President Mwai Kibaki hangs in almost every business and government office.

Church outside Kisumu City. Religion and faith play very important roles in Kenya and you need to always keep them in the back of your mind.

Child at the New Life Hope Orphanage for 0-4 year olds. Members of the CLEAR-Kisumu JusticeMaker’s Project volunteer and visit here to help take care of the babies.

A victim of post-election violence in Kisumu. For weeks after the elections, Kisumu was constantly be burning and many major businesses were destroyed. All matters in the town came to a standstill, the streets were unsafe because of rioters and police and supplies of water and food were hard to come by.

A protestor at a demonstration against the police violence during the post-election violence. This protestor had his business destroyed as well in the conflict.

A tree at Hippo Point, Kisumu.

JusticeMaker Joy Mdivo receives her award in person from Sanjeewah.

Sanjeewah announcing that Evans is the newest JusticeMaker.

Evans at his small farm after winning the JusticeMaker competition.

A young boy carrrying water on his bike in Ukwala, a small town where the CLEAR-Kisumu JusticeMaker’s Project is working with local chiefs to organize a future legal education program in the community.

A young girl in Ukwala.

This man met me after I woke up at 5 in Ukwala to get on a motorbike for 25 minutes to go to the Nzoia river for sunrise.

The Nzoia River before dawn outside Ukwala.

Fishermen on Lake Victoria work through the night outside Usenge. The fishing industry is extremely important to coastal communities like Kisumu and Usenge, although Kisumu’s fisheries are almost completely depleted due to overfishing and the Hyacinth invasive plant. These men work through the night because they need the money, not because that is the best time to fish. Many of the men have large families and are unable to pay school fees.

Fishermen on Lake Victoria around 4 am.

The fish cover the bottom of the boats.

Fishermen working through the night on Lake Victoria.

Usenge Beach during the morning fish market.

Birds wait patiently for their chance at the fish.

Lake Victoria fishermen at Usenge Beach.

Lake Victoria fishermen at Usenge Beach.

Lake Victoria fishermen at Usenge Beach.

Beauty “Saloon” inside a women’s prison in Eldoret. Another branch of CLEAR works in the Eldoret prisons also giving legal advice and pro-bono representation.

Besishahar, Lamjung district headquarters where Ram’s work is based

Ram outside the home that his father built in Lamjung

Several days later, we traveled to Besishahar, the district headquarters of Lamjung, Ram’s home district in Nepal. In Besishahar it is nearly impossible to walk down the street with Ram without being stopped by numerous people who want to say hello or to sit and chat for awhile about his work and the political situation in Nepal. Ram has stated that, in his opinion, the best type of activism is simply talking with people and paying attention to the needs of the local community; especially the villages where people live often live several hours walking distance from the closest major town. This grass roots approach has allowed Ram to develop many close friendships and working relationships with people all across the activist community, from victims to fellow human rights workers. It is obvious from watching people speak with Ram that they know he cares deeply and they respect him for that.