Karen Tse, in Kandal Prison, Cambodia, in April 2012.

When Karen Tse, a San Francisco public defender, arrived in post-Khmer Rouge Cambodia to train defense lawyers in 1994, one of the first things she wanted to know was how criminal cases were investigated. When she asked her trainees, “there was silence,” Ms. Tse recalls. Suspects always came with confessions, the lawyers explained, making investigations unnecessary.

All too often, those confessions—true or otherwise—resulted from abuse in custody, even in cases involving children. Ms. Tse met a 12-year-old Cambodian boy in jail after he’d been severely beaten into confessing to the theft of a bicycle; he had no prospects for a trial. In places where the rule of law is weak, Ms. Tse says, “torture is the cheapest form of investigation.”

She spent three years in Cambodia, where the public defenders she trained made history when a theft case against a vegetable seller was thrown out by a judge who agreed, after seeing cigarette burns on the vendor’s body, that her confession had been extracted under duress. Ms. Tse then returned to the U.S., earned a degree from Harvard Divinity School and, in 2000, founded International Bridges to Justice, or IBJ, a nonprofit organization that promotes judicial reform and advocates for systematic, early access to counsel for prisoners.

The Geneva-based group—supported over the years by foundations, private donations, the U.N., the State Department and others—works in Rwanda, Burundi, Zimbabwe, India, China and Cambodia. It has trained 22,000 defense lawyers, most of them in China, and launched rights awareness campaigns that it says reach 25 million people. The group also trains police and works with activists and legal defenders in 37 countries through its “JusticeMakers” program, which supports innovative approaches to criminal justice reform.

Most countries where torture occurs already have laws on the books mandating the right to counsel and the right not to be tortured. Improving public awareness of these laws and ensuring early access to competent defense lawyers significantly reduces abuse in detention, Ms. Tse says. Between 2001 and 2012, the torture rate for prisoners represented by IBJ-affiliated lawyers, who work in 22 of Cambodia’s 25 provinces, dropped from nearly 100% to just 1.3%, the group says.

Karen Tse, in Kandal Prison, Cambodia, in April 2012.

Most of the world’s 3.2 million people now imprisoned and awaiting trial “are not political prisoners,” Ms. Tse notes. Unlike dissidents, whose high-profile cases often may catch the eye of human rights defenders, “these are everyday, average, poor people,” accused of petty or violent crimes. They are also among the least likely to have access to a lawyer or to know their rights. “The majority of people who are tortured in the world are the poorest of the poor,” Ms. Tse says.

Ms. Tse, 50, is a Cleveland native, a mother of two and the daughter of immigrants from Hong Kong. She is also an ordained Unitarian Universalist minister. “Traditionally, the way people deal with human rights is after torture and violations have occurred,” she says. “We’re about prevention. We want to make sure darkness doesn’t have the final word.”

The JusticeMakers team at International Bridges to Justice in Geneva wishes to congratulate each and every 2012 JusticeMakers Fellow. Reading the applications and meeting the applicants has inspired us all to be more active and courageous citizens of the world.

2012 JusticeMakers Fellows are exceptionally bold and innovative legal activists who have seen their fellow community members mistreated and denied justice in callous and devastating ways. Rather than turn a blind eye to the suffering of their fellow human beings, they have taken action and used all of their creativity and skills to change these untenable situations.

They are solving the problems of access to justice for people living with and vulnerable to HIV/AIDS all over the world: from Mexico to Russia.

We want to congratulate 12 outstanding agents of change, each making a real difference within their local community. We wish you all possible luck in the implementation of your project!

This year’s event, Building Bridges and Inspiring Hope: Innovations from Davos, focused on the theme that realizing IBJ’s mission was “doable” and challenged participants to utilize their expertise and background to help create real and immediate change. Following an introduction from Hilde Schwab, Co-founder and Chairperson of Schwab Social Entrepreneurship, IBJ Founder and CEO Karen Tse kicked off the interactive panel discussion, moderated by David Kirkpatrick of The Daily Beast, with some words of hope and a bit of background on IBJ’s past accomplishments. The all-star panel included Matthew Bishop, American Editor of The Economist, Sandy Climan, Managing Director of Entertainment Media Venture, Olivier Schwab, Director and Head of Technology Pioneers for the World Economic Forum, and J. Gregory Dees, Professor of the Practice of Social Entrepreneurship and Nonprofit Management at Duke University’s Fuqua School of Business.

Karen Tse and the IBJ Davos 2011 Event Panel

Drawing on their unique viewpoints, the panelists each delivered insightful remarks to a packed room on topics ranging from technology’s role in social justice to the changing face of social entrepreneurship. The panelists had nothing but praise for IBJ’s mission and accomplishments; Matthew Bishop even tweeted that IBJ was “one of his favourite NGOs” and that IBJ’s “strategy of supporting public defense lawyers around the world is high return on investment giving.” Jack Vincent of the marketing firm focus360 facilitated break-out discussions, turning the focus to the audience to work with their fellow Davos community members in answering the question, “What headline would you ideally want to see written about IBJ five years from now?” The thought exercise put attendees in the driver’s seat and gave everyone a chance to help shape IBJ’s goals for the future. Summed up by amazing headlines like Facebook ‘Friends’ IBJ With $100M Donation From Zuckerberg Foundation; Former Chinese President Hu Jintao Joins Board As Chairman, the entire room opened their minds and hearts to what the future might hold for IBJ.

Capping off the exciting event was a special video message from singer/songwriter Peter Gabriel, including both his personal wishes for IBJ and a rendition of Wallflower, his touching song about the terrible treatment of political prisoners in Latina America. All in all, IBJ is extremely happy with the event and would like to thank all of the panelists, participants, and supporters who helped make it possible.

Christian Angermayer, founder and partner of the Angermayer, Brumm & Lange group of financial companies, sponsored the event.

Organizations also have the opportunity to partner with the 2010 JM Competition, helping to generate and facilitate participation. With customized promotional materials and ongoing support from JusticeMakers staff, you will find partnering to be a straightforward and painless process. Some organizations such as Echoing Green, Global Giving, Give2Asia, Asian Philanthropy Forum and 1-Focus have already gotten involved in the competition and extended their support. Click here for more information on how your organization can be a part of the ’10 Asia JusticeMakers Competition.

For a glance at the other ideas of the 2008 JusticeMaker Fellows, click here. Rommell Alim Abitria is one of those fellows, implementing a paralegal project in the Philippines. Rommell has witnessed barriers to the delivery of justice first-hand, particularly where individuals could not afford access to counsel or were unaware of their rights. With the help of IBJ and JusticeMakers, he is tackling these issues by training inmates to become paralegals who can represent themselves in court and advise their peers. Click here to learn more Rommell’s project.

2010 JusticeMakers Fellows will be flown to the Singapore Criminal Justice Training Center (SJTC) to receive initial training from the JM panel of judges prior to the beginning of their project. In addition, during the implementation of their project, IBJ will provide Fellows with documentary photojournalists to record and raise the profile of their efforts.

The 2010 JusticeMakers Competition is tentatively scheduled to begin in January 2010 and conclude in May 2010.

For more information, contact liam@justicemakers.net

Above: The entrance to Gitega Prison, whose occupancy rate is 377% as of May 2009. (Photo by Nathalie Mohadjer).

There is no doubt that the continuous lobby of IBJ Fellow and Country Manager, Astère Muyango, the series of meetings conducted with top officials in June 2009 and the momentum created by the widely-publicized training and roundtable events contributed to this unanimously acclaimed decision. The government representatives who took part in the series of training and roundtable workshops got invited via the Office for the Coordination of the Stakeholders of the Justice Sector (“Bureau de coordination des intervenants dans le secteur de la justice”), the initiator of the circular within the Ministry of Justice, with which Astère has been in constant touch, lobbying in favor of the rights of the accused persons.

Efforts to comply with the provisions of the newly enacted penal code, which brings up the age of criminal responsibility from 13 to 15 years-old, are greatly needed. However, when operating in a system which strives to rebuild from ashes, the key to reform is sometimes in the provision of the most basic tools. The Prison Director of Bubanza, Salvator Ngendahayo, recently admitted that he was very enthusiastic about implementing this circular and improving the living conditions in his prison, but that handcuffs crucially lack for wardens to escort detainees to the courtroom. The sad reality is therefore that people, whose guilt has not yet been objectively established, end up languishing in prison because unable to assist to their hearing. The Bubanza Prison occupancy rate – 430% – is amongst the highest in the country. The country’s penitentiary administration is significantly under-resourced: there is only one truck to transport prisoners from and to courts; and, quite frankly, after seeing the state of the vehicle at Mpimba Prison in late June 2009, we cannot seriously imagine that it can meet the demands of the country’s 6837 pre-trial detainees (May 2009 data from the Burundian Penitentiary Administration). Lack of transportation therefore means that, guilty or not, some detainees can stay up to 9 years waiting to appear before the judges. This is a “pretty” long period of time considering that life expectancy for men is equal to 51 years (according to 2009 data from the CIA World Fact book). This situation is unacceptable in the light of the principle of presumption of innocence which is enshrined in Burundi’s Constitution (art. 40).

Above: Bubanza Prison wardens lack handcuffs to escort detainees to the courtroom; here with defendants that IBJ volunteer lawyers eventually helped get released, July 2009. (Photo by Astère Muyango).

The urgency of the situation urged Déogratias Suzuguye, the Director of the Penitentiary Administration, whom IBJ delegation has already met twice, to invite IBJ to take part in a newly set up Task Force (“Plan d’action sur la maîtrise de la population carcérale 2009-2010”) whose main objective is to reduce prison overcrowding in 2009-2010. Specifically, the Task Force seeks to reduce pre-trial detention through improved coordination among the major stakeholders, institutional capacity-building and enhanced respect for the criminal procedures, in particular when it comes to delays. The hope is to expedite trials, have magistrates resort to pre-trial detention in the least cases possible, and make sure the accused are aware of their rights and legally assisted throughout the proceeding. This is a formidable window of opportunity for IBJ which, three years after its initial trip to Burundi, clearly has had an impact on building a climate for reform in Burundi.

Above: From left to right: Karen Tse, IBJ Founder and CEO, Déogratias Suzuguye, the Director of the Penitentiary Administration and Astère Muyango, IBJ Burundi Fellow and Country Manager meeting on June 26th, 2009. (Photo by Fanny Cachat)

Using innovative and interactive exercises, the training focused on increasing the capability of local lawyers to provide competent defenses to accused persons, of which has been a problematic issue for many Zimbabweans. They explored a plethora of legal concepts such as cross-examination and procedures to prevent torture against prisoners, helping the participating lawyers in garnering invaluable skills and experience. Summarizing the training for many, one of the participants concluded, “this has made us believe that it is not extraordinary men and women who change the course of history, but ordinary men and women with extraordinary skills and beliefs.”

The seminar was the first of its kind in Zimbabwe. The major objectives of the seminar were to strengthen the practical skills of criminal defence lawyers and to assist them in becoming better versed in Zimbabwe’s criminal procedures to provide competent defences to accused persons. Participants were drawn from various private law firms, the Legal Aid Directorate – a governmental entity entrusted to provide counsel and representation to indigents – and other civic organisations. The lead trainer was Anthony Natale, a practicing trial lawyer for the past 30 years from the Miami Federal Office, in the United States of America. Anthony trained in tandem with Karen Tse (IBJ Founder and CEO), Innocent Maja (IBJ Zimbabwe Senior Fellow and Country Manager), Professor Geoff Feltoe (University of Zimbabwe Law Professor) and Alec Muchadehama (a leading human rights lawyer in Zimbabwe).

Above: From left to right: IBJ Founder Karen Tse congratulates a trainee with Tony Natale, Miami Public Defender and Trainer (Photo by Florence Chatira).

The training was based on practical methodologies. The trainers and participants used modern, innovative, dynamic and participatory training tools and exchanged ideas and experiences. At the end of the seminar, participants were given complimentary copies of the current Criminal Defender Handbook and the Community Service Guidelines, both written by Professor Feltoe and commissioned by IBJ in conjunction with Legal Resources Foundation (LRF) and International Bar Association (IBA).

Above: A Zimbabwean lawyer exposing the vision she has for her country’s criminal justice system. (Photo by Florence Chatira). 

The training was a resounding success with participants showing great enthusiasm and eagerness to learn and implement the skills imparted to them. At the end of the training, participants acknowledged that they had learnt a lot and acquired relevant practical skills related to their work. Many lawyers found the training informative, interesting and inspiring and encouraged International Bridges to Justice to host additional such training events in the future. The seminar undoubtedly sparked momentum among lawyers and inspired them to dedicate more resources, time and energy towards criminal legal aid. A core group of dedicated advocates committed themselves to contribute to the transformation of Zimbabwe’s criminal justice system and to provide free legal assistance to indigent citizens accused of a crime with the support of IBJ.

Above: Zimbabwe lawyers signing hope for the furture of their country’s justice system, with IBJ Founder  Karen Tse (far right). (Photo by Florence Chatira)

To view a video summary of the training, please click here.

Above: From left to right: Professor Geoffrey Feltoe and IBJ Zimbabwe Fellow, Innocent Maja, moderating the first roundtable on prison overcrowing in early July 2009. (Photo by Florence Chatira).

More than 70 criminal defense and legal aid lawyers are expected to join forces in Harare to discuss and share practical tips about Development of Theory of Case, Investigation, Interviewing, Opening and Closing Arguments, Direct Examination, and Cross Examination. Procedural issues surrounding the use of torture as an investigative tool and other issues will also be pondered during evening roundtable sessions.

The training aims at equipping lawyers with a set of practical skills they can leverage to provide quality counsel to their clients and to have them reflect upon the values which led them to become advocates. Beyond, the hope is to build the leadership of a criminal legal aid movement that can push for systematic access to legal counsel throughout the country.

To view the full training program, please click here.