Even before the Indian government announced a country-wide lockdown IBJ India Country Manager, Ajay Verma, sensed the panic about to hit detainees in Tihar Jail in Delhi, one of the worlds largest detention facilities, after seeing riots breaking out in prisons around the world. IBJ India took the initiative to draft guidelines for protecting prisoners and preventing outbreaks of COVID-19 in prisons, which were presented to the Supreme Court during a hearing on March 16, 2020.

Since then, IBJ India has advocated relentlessly to protect prisoners’ rights during the pandemic, from submitting a Public Interest Litigation requesting that the courts release pre-trial prisoners on interim bail, to launching a legal consortium application to the Supreme Court on safe transit of prisoners upon their release.

Following the success of these efforts, upon the announcement of the new laws relating to bail applications during the lockdown period, IBJ India convened an online seminar advising lawyers on how to navigate the legislative changes. The seminar was deemed a huge success and was attended by more than 800 lawyers from across the country.

Noting the power of technology in bringing lawyers together during the COVID-19 outbreak, IBJ India launched an initiative to provide continuous legal education during the pandemic in collaboration with the Criminal Justice Group and the Bar Council of Delhi. A number of online webinars have now been held on topics including rules of evidence and understanding an investigation. The webinars’ popularity continues to grow and have attracted up to 500 lawyers per session.

‘This series of webinars has been organised with a view to equip lawyers with better skills to provide an effective defense. IBJ is also bridging the gap between Bar Association leaders and lawyers and are going to conduct a session on how technology can be used in day to day legal practice to benefit lawyers and our clients. This will enable them to file cases electronically and continue to hold trials using technology platforms’ – Ajay Verma, Country Manager, IBJ India.

On May 5^th, IBJ India convened a virtual roundtable with leaders of the Bar Council of Delhi and other Bar Associations to discuss the impact of COVID-19 on the legal profession and possible for solutions for lawyers. The roundtable gathered 61 legal professionals to discuss topics including; the challenges that holding court sessions online has raised; the possibility of reopening the courts; and how to support young lawyers facing economic challenges as a result of the pandemic, such as waiving bar membership fees.

IBJ India’s commendable efforts have been reported on by several media outlets. Read more about our COVID-19 response here:

• https://www.indialegallive.com/top-news-of-the-day/news/provide-safe-transit-along-facilities-released-prisoners-application-supreme-court-94141

• https://www.huffingtonpost.in/entry/coronavirus-india-prisons_in_5e7c4c82c5b6cb9dc19a6b2c?guccounter=1

• https://www.hindustantimes.com/cities/delhi-prison-rules-to-be-amended/story-aMKPC5EdahyvtX1p9GOG1L.html

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.

Pankhuri A. Mehndiratta and Katyayini,  IBJ India

IBJ India in collaboration with Delhi Prisons organized a two-day capacity building workshop for warders and custodial staff at the Prison Headquarters, Tihar, New Delhi on September 26 -27, 2014. The workshop was aimed at building capacity and legal awareness within the prison system in Tihar. It was attended by custodial staff including Warders, Head Warders, and the Assistant Superintendent from each prison in the Tihar Central Jail and Rohini District Jail. Both days at the workshop saw an encouraging level of interaction and participation by the custodial staff.   After the short introduction given by IBJ India fellow, Mr. Ajay Verma, the Deputy Inspector General, Mr. Mukesh Prasad, inaugurated the session. Mr. Sunil Gupta, Law Officer, Tihar jail, then gave a brief overview of the Delhi Prisons Act and the role of warders.

Mr. Alok Verma, Director General of Tihar Jail, held an interactive session with the custodial staff of the Tihar and Rohini prisons. An array of issues was brought to the attention of Mr. Verma ranging from the unsatisfactory living conditions of the warders and custodial staff to the problems that they face due to the lack of internal mechanisms for promotion. IBJ India was able to facilitate constructive dialogue between management and the staff of the prisons in a bid to strengthen mutual understanding of the challenges they both face.

Mr. D V Trivedi, Former Director of the Bureau of Police Research and Development (BPRD), discussed the conduct of warders so as to ensure effective prison management. The custodial staff was then asked to share their ideas about prison and the purpose of incarceration. Though the majority of the warders and custodial staff agreed that reformation and rehabilitation was the end goal of incarceration, some of them were of the opinion that it is important to adopt a punitive approach towards inmates who are repeat offenders and display no respect for prison regulations. However, the attitude of the custodial staff was largely sympathetic towards the prisoners, recognizing that personal circumstances could have an influential role in their imprisonment and that it was the prerogative of the courts to pronounce someone guilty.

The session then moved on to the discussion of other issues, including the present infrastructure that needs to be upgraded to keep up to date with the latest technology. One specific demand is the need for more CCTV cameras to ensure complete and effective surveillance on part of the custodial staff. Also addressed was the problem of understaffing that is accentuated by the high professional dropout rate due to lack of incentives, promotions, and low wages. The custodial staff was successfully able to bring awareness that there are inadequate cashless treatment schemes for them and that the very few hospitals that offer this were meager in terms of the quantity and quality of these services. The refurbishment of staff quarters was promised by the Director General (Prisons), Tihar, during his interactive session and will hopefully be looked into immediately. Another major problem that was addressed was prison overcrowding. This leads to overwork and burn out of the custodial staff. Moreover, over 70% of the inmate population is under trial, which makes the implementation of discipline more challenging for the staff members. The problem is further pronounced when inmates, despite having been granted bail, are unable to secure their release on account of lack of a surety or the financial means to secure bond.

Mr. Ajay Verma, Advocate and IBJ India Fellow, discussed the role of custodial staff in ensuring justice for the inmates as well as correct bail procedures u/s 167,436,437 of the CrPC, appeals, parole, furlough and juvenile inmates. He also discussed that the segregation of prisoners should be more clearly defined and suggested specialized cells for first offenders. In order to ensure the awareness of the custodial staff about the prevalent legal provisions, judgments and techniques of administering discipline, it is imperative that they should receive regular training sessions. The prison staff then received instruction on the rights of the prisoners and their duties towards them. During the last part of the session, different reformative measures were discussed by the IBJ team members Ajay Verma (IBJ India Fellow) and Pankhuri A Mehndiratta (Advocate).

Dr. Shahzad Ibrahimi, a renowned motivational speaker, was also present as part of the eminent people that shared their energy for the cause of strengthening the criminal justice system and its pillars in order to ensure respect for human rights. Ms. Deepika Gupta, Consultant Psychologist at Human Dynamic, Gurgaon, shared her views on behavioral disorders and suicidal tendencies of prisoners and the role of prison staff in monitoring prisoners. In her highly engaging session, she gave valuable indicators to identify inmates with behavioral disorders to aid the custodial staff in assessing potentiality of suicide within the cells.

Strengthening the core of the criminal justice system of India through capacity building and awareness training helps IBJ India to live up to its mandate of ensuring the respect for human rights and preventing torture during detention. The entire team of IBJ India is extremely grateful for the support and collaboration of the Delhi prison authorities and looks forward to hosting similar events in the future.

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.

On 12 February 2011, Mr V was called to the police station for questioning over a stolen ring. After giving his statement explaining that he was receiving medical treatment for his injured leg the police held him overnight in a tiny cell. The next day, the police continued to question him. Mr V maintained his innocence. Irritated, the police threw Mr V to the ground and began to kick him in the ribs, head and back. Enduring these barbaric acts, Mr V was forced to confess to a crime he did not commit.

During an interview with IBJ, Mr V described how he wanted to commit suicide, banging his head on the table, because he simply did not commit the crime.

Mr V was then formally arrested for a felony offense and taken to Kampot Provincial Prison[1] where he was forced to share a room, 15x15m2, with 60 other prisoners – a mix of pre-trial detainees and the convicted. Nine months later he is still awaiting trial. A month after Mr V’s arrest, the case was referred to IBJ at which point he was for the first time informed of his legal rights.

Mr V’s story highlights the problems imbedded with Cambodia’s criminal justice system in two ways:

Intern, Kaitlin Bella interviewing the client at Kampot Provincial Prison

Under Cambodian law, all felony and juvenile cases are to be represented by lawyers. Although the Bar Association of Cambodia has established a legal aid referral system for these types of cases, funding is so limited that lawyers cannot always be provided. What happens in these circumstances is that a judge cannot proceed with the trial and the accused would remain in prison until a lawyer could be appointed, or more simply, indefinitely.

Moreover, without access to a lawyer, Mr V would never be able to prove that his confession was forced. A judge simply would not believe him and he would have remained in prison, unable to collect evidence to prove that he was tortured. By the time he came to trial his bruises would have faded and scars would have healed – all but the scar in his memory.

Because of IBJ’s intervention in this case, Mr V’s confession will be challenged. Moreover, on 3 November 2011, a judge ruled that IBJ could provide two witnesses to testify to Mr V’s innocence. This will happen on 17 November 2011. While Mr V remains in prison, now he has some hope. None of this would have occurred without the thorough investigation of IBJ’s Investigator Mr Vanny nor the representation provided by IBJ’s lawyer, Mr Vibol.

IBJ’s Investigator Mr Chan Vanny, interviewing the Commune Chief as a witness for the client.

By  Kate Flower, Project Officer and Kaitlin Bella, Intern

* Kate Flower is a volunteer with the Australian Youth Ambassadors for Development (AYAD) Program. The AYAD Program is part of Australian Volunteers for International Development, an Australian Government, AusAID initiative.

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[1] On IBJ’s visit dated 3 November 2011, there were 424 prisoners.  The prison is estimated to have maximum capacity of 160.  Kampot’s provincial prison is therefore grossly overcrowded at 265% capacity.

In Bubanza prison, on 29 March 2010, IBJ Intern Celesta Duivenvoorde explaining women their rights with the help of an APRODH officer for translation. Photo: Caroline Arnaud

Thus far, six campaigns have been conducted in the prisons of Bubanza, Ngozi (both the female and the male prison) and Bururi. The campaigns are primarily targeting the most vulnerable detainees, namely minors and women, with the objective of informing detainees on their legal rights, such as their right to be defended by a lawyer and for the time-limits of their pre-trial detention to be respected. The pre-trial detention rate of more than 60% of detainees in Burundian prisons is still very worrisome. The main interests of the detainees are to be provided with a lawyer and to know how the trial proceeds. To respond to the latter concern, IBJ staff has created an image explaining the process of the trial and the role of each actor in the courtroom.

Regarding their concern for legal support, both IBJ legal fellows, Herman Ndayishimiye and Janvier Ncamatwi, have committed themselves to supporting the detainees that are educated during these campaigns. Legal assistance is one of the main activities of the IBJ defender program. Consequently, Herman has already assisted for all the Bubanza minors, whose trials are currently in deliberation, and as far as Janvier is concerned, he is determined to assist all the minors that are detained in Bururi prison by the end of June 2010.

Detainees are shown a panel with this image, explaining the role of each actor during the trial.

During each campaign, the detainees gave the IBJ staff members a very warm welcome and showed a real interest in the subjects and asked many relevant questions. IBJ is deeply thankful for their contribution, because in the end, they are the ones who can bring about a real change by demanding their rights to be respected. Their eagerness to learn more about their rights is a great promise for the future improvement of the Burundian legal system.

In Bururi prison, on 5 May 2010. IBJ interns Celesta Duivenvoorde and Caroline Arnaud are educating minors about their rights, while IBJ legal Fellow Janvier Ncamatwi is gaining more information on the cases of his future clients. Photo: Astère Muyango

Specifically, the case against the state argues that the death penalty offends human dignity, constitutes inhumane and degrading punishment, and amounts to an arbitrary deprivation of life, all in breach of express or implicit provisions of the Zimbabwe Constitution. In addition to the aforementioned constitutional violations, the fact that a sentence of death is mandatory also denies citizens of their right to fair trial, violates the principle of separation of powers by depriving the judiciary of one of their essential functions, and, in practice, discriminates against indigent accused persons.

The petitioner describes hanging, the method used in Zimbabwe, as “horrendous, barbaric, inhumane, brutal, and uncivilized.” It focuses on the significant delays characteristic of Zimbabwe’s death row, stating that delays in execution lead to anxiety and severe emotional and physical trauma, particularly given current prison conditions. The case centers on the idea that prisoners retain some rights, even after conviction. Most fundamentally, under Zimbabwe’s Constitution, it maintains that all citizens have a right to be free from arbitrary deprivation of life and a right not to be subjected to cruel, inhumane and degrading punishments.

Though the last execution happened in 2003, currently, there are at least 49 prisoners on death row at Harare Central Prison. In the past, executions have been suspended for years due to a lack of a public hangman. While they wait, prisoners on death row have to deal with horrendous prison conditions. In Zimbabwe, twenty-five men are held in a single nine meters by four meters cell. Food portions are meager and consist of barely edible or spoilt food. Unsanitary conditions in both the over-crowded cells and the kitchen threaten the wellbeing of all prisoners.

Innocent became involved in this case after a junior lawyer at his law firm, assigned to the matter on a pro bono basis, represented Mazango during the trial in which he was convicted of murder and sentenced to death. Immediately, they decided to challenge the death penalty based on his sentence. For the purposes of monitoring the progress of the case closely and media interface, it was filed through Maja and Associates, Innocent’s law firm. Thus far, an application to the court has been filed, and both Innocent and Mazango await the state’s response, while the legal team prepares heads of argument to file with the court.

A number of state-sponsored Zimbabwe newspapers have featured Sheperd Mazango’s case, giving it a fair amount of in-state media attention. Recently, international newspapers have also expressed interest in the case. This attention comes as a result of interest and awareness in Zimbabwe on the rights of the accused. Conversely, the case and the media attention it receives are likely to attract a wider audience to the debate on the death penalty and rights retained by the accused in Zimbabwe.

According to Innocent, “Most indigent persons in Zimbabwe, who cannot afford legal counsel, are given inexperienced lawyers to represent them. Oftentimes, this leads to conviction and death sentences. It is a denial of justice. The death penalty is atrocious, in that it takes away human life. Once a human life is taken away, the rights of that person are taken away as well. The mode of killing (i.e. hanging) is horrendous, inhumane, and degrading. It is torturous.”

After the prison we headed to the Provincial Court and met with the Chief Prosecutor, the President of the Court, and an investigating judge. We had very useful discussions with the Chief Prosecutor and the President of the Court, who appreciated our work in the province. I also learned that the court in Pursat has started to assign cases directly to our IBJ lawyer when the Defendant needs a lawyer and does not have one. In such circumstances, the presiding Judge instructs the court clerk to contact IBJ’s lawyer to provide representation to the accused. As a result of this system, Sithann had 127 cases as of the first week of February and informed me that this number is steadily increasing. He looked overwhelmed but determined. Sithann is assisted by his investigator but mentioned that it has become a very difficult job for him to investigate and properly prepare for a case when he also has to represent clients in court at the same time.

At the end of the trip to the three provinces, I was very pleased to see that IBJ’s provincial offices in Cambodia are beginning to function as a proper criminal defense legal aid office in a developed system with courts directly assigning cases to IBJ lawyers. The only difference is that there is only one lawyer per office and the number of cases are steadily increasing. The new Cambodian Criminal Procedure Code stipulates that it is mandatory for an accused persons charged with a felony to be represented by an attorney. This poses a greater challenge to the justice system, as well as to legal aid service providing organizations. In Cambodia, IBJ is the only NGO dedicated to provide criminal legal aid to all accused persons. Other legal aid organizations’ services include civil legal aid or target specialized groups such as women and/or children. Increasing demand for legal aid in criminal cases is not met by the present services. Altogether my trip to Cambodia was memorable, inspiring, and gave me hope for IBJ’s efforts to make a real difference throughout the criminal justice system in the future.

When we left Prey Veng one afternoon we began a long journey to go to Pursat through Phnom Penh. It was about a two-hour trip from Prey Veng to Phnom Penh. The road was rough and in the middle of the trip we needed to cross a river through a ferry, as there was no bridge at that point. As we began to cross our vehicle lined up with many other vehicles, including lorries, containers, and buses – all preparing to drive onto the ferry. While we were waiting to drive onto the ferry people were busy trying to convince waiting travelers to purchase their goods displayed on trays and metal basins.

I was not brave enough to devour some delicacies offered, like deep fried grasshoppers. Instead I purchased a peeled, cut, and ready to eat green mango and enjoyed it thoroughly. Eating a sour green mango reminded me of my childhood growing up in a village/town called Hendala on the outskirts of Sri Lanka. My friends and I used to throw wooden sticks at mango trees to get some mangoes to the ground so that we could enjoy them. This occasionally resulted in mangoes, or sticks, landing on rooftops of houses who actually owned these mango trees. When this happened we had to quickly run for cover before someone came out of the house to see what was going on. We first traveled to Phnom Penh from Prey Veng, which took us over two hours. We arrived just in time for a meeting with a potential donor and partner at the office in Phnom Penh. Afterwards we set off for Pursat. Paul Rickard joined us in Phnom Penh for the second leg of the journey.

The trip to Pursat rekindled my childhood memories of Northern Sri Lanka. When one travels from Kampong Chhnang to Pursat, you see flat and dry land, lined with palm trees reminiscent of Palmyras. This was my memory in and around Jaffna when my father took me along a number of trips to the northern region of the country when I was between four and five years old. It took us about four hours to reach Pursat without a break. We arrived at the same hotel Vandeth and I stayed in last year. A spacious room with two large beds, air-conditioning, and hot water for $13 per night. Quite a deal! My whole body was aching after nearly eight hours of travel through three provinces – Prey Veng, Phnom Penh and Kampong Chhnang. I was desperately in need of a good night sleep and I got exactly that. The next morning I was joined by IBJ’s DRC2 lawyer, Chhoun Sithann, during breakfast at the hotel restaurant. Again, you could see Vandeth’s humor as he attempted to talk to the local waitress at the restaurant in English instead of Khmer. He told her that speaking with foreigners was a good chance to practice and improve her English. By the end of the conversation, the young waitress could take all of our orders in English.

After breakfast we then set off to the Provincial Prison in Pursat. We first visited the administrative building of the prison, which is a house primitively built with metal sheets on the roof. The prison Director was a subordinate of Vandeth when he was working in the military. This was my second meeting with the Director. When I finally met him, I immediately realized that he was not well. He looked like he had aged many years during last 12 months. He then told me that he was very sick and is under medication, which caused him to lose a significant amount of weight. He was very cooperative with us. The Director was speaking with Chhoun Sithann about the issues surrounding pre-trial detainees. He even opened a printed copy of the Cambodian Criminal Procedure Code and began discussing its provisions protecting rights of accused persons. After this conversation we then decided to visit the prison medical centre. I remembered this place well. The former young health worker named Davy Chau, whom I met there last year, was no longer present as he was pursuing his studies in Phnom Penh. It was Devy who convinced me that urgent assistance is needed to equip the prison health centre. Last year he told me that even medicine for a common headache or fever was not available in the health clinic, and that there was no stethoscope or medicine to dress wounds. Since I returned to Geneva, Davy had written me emails every other week reminding me of these needs. He showed me that it was a health centre without medicine, any basic equipment for a health worker, and without running water. He pointed to a hole in the wooden wall of the health centre and told me that was the place where there should be a tap and a basin to wash hands. When I visited this time, Davy was not there. I saw a sink on the ground, ready to be mounted on the wall. This time, I went there prepared with basic medical equipment and medicine. The older health worker at the prison health centre was beaming with happiness when she saw the medicines and equipment. It was a pity that Davy was no longer there to see that he had finally achieved what he wanted in taking efforts to make the health centre functional.

Thereafter, we visited the prison and the Director told us that the Red Cross had recently installed clean drinking water in each building where a number of cells are housed. We then stumbled upon an English class that was in progress, which was run by a fellow young prisoner.

He had written some notes on a white board in beautiful handwriting and then proceeded to demonstrate his teaching skills. This young man looked very enthusiastic and confident to teach his fellow inmates English. We were very encouraged. In this English class, Sithann met with three of his clients, who agreed to pose with him to take a few photos.

A dedicated lawyer for over 9 years, Isidore has defended hundreds of accused persons – often taking on his own resources to assist defenceless persons – and sometimes risking his own freedom for the sake of justice. His work as a passionate lawyer is only the most current embodiment of his lifelong commitment to the rule of law. His brief career as a public prosecutor taught him how an unbalanced justice system where prosecution is one-sided disservices the ideal of fair and transparent justice system. He later embraced a diplomatic career as first counsellor at the Embassy of Burundi in Algeria and later Tanzania, whereby he gained international exposure and a sound knowledge of the workings of international relations.

Today, as President of the Bar Association, Isidore concentrates all his efforts at ensuring systematic access to legal counsel for every Burundian accused of a crime. His leadership has led him to work closely with the United Nations Integrated Office in Burundi to draft a bill outlining the legal framework for legal aid (Loi portant cadre légal d’assistance judiciaire et d’aide juridictionnelle), which has been submitted to the Ministry of Justice for review.

Isidore knows that pointing out at torture and expressing opposition to the government can be risky. Accused of “attempting to public order” at three different occasions, Isidore spent consecutively 2 months, 4 years and 6 months in prison, with no access to his family, little access to food and no medical treatment. He felt very ill as the prison conditions were – and are still – adverse and inhumane.

He last got arrested on August 3rd, 2006 when he openly complained, as a lawyer, that four high-ranked officials had been badly tortured by the Burundi Intelligence Agency. He remembers that the victims could barely walk. Determined to bring as much attention as possible to what he considers is totally unacceptable, Isidore wrote an official letter to the chief of the secret services, copied to the President of the Republic, the Minister of Interior, the Minister of Justice, and a flurry of media and NGOs which voiced concern over the allegations that his clients had been tortured. He then started receiving anonymous calls and threats. A couple of days later, a group of policemen surrounded his law firm, arrested him, and threw him back to jail. Each single time he got arrested, Isidore refused to receive the help of any lawyer: he ensured his own representation. He has been released on parole.

This eventful life has shaped his personality, reinforced his natural leadership qualities, unwavering dedication to human rights and audacity and inspired him to start writing a book about his experience.

Isidore joins forces with Pasteur Nzinahora and Pierre Claver Mbonimpa – the other two notable members of the Burundi Country Advisory Council – to help Astère spearhead a movement in favor of the rights of the prisoners and lay the foundations for a functioning legal aid system in Burundi.

Above: Negotiating the MoU between the Burundi Bar Association and IBJ, July 2009 (Photo by Fanny Cachat)

Above: Opening the 2009 summer legal defense training in Bujumbura with IBJ Founder and CEO (Photo by Fanny Cachat)

Above: Sharing a drink at the Bâtonnier’s house after the successful conclusion of the MoU, July 2009 (Photo by Sanjeewa Liyanage)