The pressing need for rights awareness in the prisons of Burundi

By IBJ Country Manager Jean-Claude Barakamfitiye

On January 15, 2021, Burundi Bridges to Justice (BBJ) conducted rights awareness events in Mpimba and Rumonge prisons in Burundi. A total of 350 pre-trial detainees attended the events, including 49 women. 

Because of COVID-19, only two members of the BBJ team were allowed to enter the prisons. We obeyed strict health security protocols, including wearing masks, washing our hands at prison entrances, and using disinfectants to ensure that we protected ourselves and the detainees. 

Once inside each prison, we were welcomed by hundreds of detainees. One joked, saying: “Let’s leave them inside so they can see for themselves how bad prison conditions really are, and the way we are forced to live.” These words touched me greatly and made me tear up because it was no joke – it was the harsh reality of their circumstances. When we arrived at the small prison chapel in Rumonge prison where we had planned to conduct the rights awareness campaign, we found it packed with more than 150 detainees already seated – this was far more than what we had anticipated. The detainees all seemed as hopeless as sheep without a shepherd. The sheer number who had shown up was proof in of itself of the desperate need for rights awareness for pre-trial detainees. 

The BBJ events focused on the basic rights of every accused person, including the constitutional right to be provided with legal representation. We explained how each detainee can be provided with a lawyer even if he or she is unable to afford legal fees. We discussed due process rights of detainees during the pre-trial detention stage, including the detainee’s right to appear before a judge within 15 days from the day of arrest and a required review of detention status every 30 days if the case has not yet gone to court for trial. We emphasized the principle of the presumption of innocence and its implications for a fair trial. We also informed detainees about their right to be protected from torture and other cruel treatment, including sexual abuse. As the majority of event attendees were pre-trial detainees, it was important that we explain trial procedures and the role of different actors involved in a criminal trial. We differentiated between the role of the prosecutor and that of the judge, and explained the order that legal arguments are presented in court. We advised detainees on how to formulate closing statements and coached them on good behaviors to adopt when before the judge, whether one pleads guilty or not. 

Each event ended with questions and concerns from the detainees, and there were many. One woman shared that while being interviewed by the prosecutor she was asked if she wanted to be assisted by a lawyer. When she replied “yes”, the prosecutor stopped the investigation and provided no further information or a date when she would be provided with legal representation. Accordingly, she felt is would have been easier to respond “no” because at least then her case would have progressed. This example shows how inadequate explanation by the prosecutor can have significant bearing on the normal progression of a case; the prosecutor should have clearly explained to the detained woman how she could be provided with legal representation at no cost. We received many other questions from the detainees concerning particular irregularities that were hampering their cases. For example, five Ethiopians were arrested in December but their case could not progress because of the lack of an interpreter. 

At the end of each rights awareness event, we handed out BBJ flyers to attendees; in total, 270 flyers were distributed. We also conducted a number of one-on-one sessions with detainees who presented critical and time sensitive needs for legal assistance. BBJ committed to following up on cases with irregularities. As for the detained Ethiopians, we plan to connect them to a relevant multilateral organization, such as the African Union, in order to obtain an Amharic interpreter. 

These BBJ events convinced us once again of the pressing need for rights awareness among detainees. We belief that it would be very useful for us to develop a basic detainee rights guide for distribution to every pre-trial detainee. Posters with basic detainee legal rights displayed at each prison would be another valuable and efficient way to increase rights awareness among detainees. 

We may have our work cut out for us at BBJ but we are up to the challenge! 

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

Campagne de sensibilisation aux droits légaux d‘IBJ

Les prisonniers étudient un manuel

Les avocats d’IBJ ont répondu aux questions et facilité la discussion

Les femmes et les hommes prisonniers de tous âges y ont participé

Les photos ont été généreusement fournies par Kan Seng Houth.

IBJ Legal Rights Awareness Campaign

Prisoners review information packets

IBJ Legal Fellows answered questions and facilitated discussion

Male and female prisoners of all ages participated

Photos generously provided by Kan Seng Houth.

July  2014

Ms. Thyda[1] is 24- year-old woman living in a small house with her family on the side of an abandoned railway in Phnom Penh. Her house is part of a community of pieced-together houses, colloquially referred to as a slum. It is in this very same community where the incident leading to her detention and upcoming trial occurred. Her possible charge is intentional violence with aggression.

IBJ lawyer Ms. Chan Reaseypheak, Thyda and IBJ intern Jake Mooney

It all began when her monthly 64-dollar paycheck went missing from her locker, which she suspects was stolen. In order to pay her bills, she was forced to ask a man from her community for a loan. Unfortunately, Ms. Thyda caught him at the wrong time as he was on his porch visibly intoxicated. He started calling her names, belligerently insulting her and her family. He then proceeded to throw food and metal objects at her. Eventually the situation escalated into a physical altercation. It is at this point that an unknown group of men arrived and proceeded to beat the man up. Though she left quickly, Ms. Thyda did not escape without being severely beaten.

Ms. Thyda was aware of the fact that this man was a government informant living in the slums to provide information about the goings-on in the community. This frightened her because these connections made him a dangerous man to upset and could mean extreme prejudice and injustice against her. As it turns out, he was so upset that he called his friends at the police station and blamed the entire incident on this young woman who had come to him for help.

The police asked Ms. Thyda to come give her statement at the station. Since she felt she did nothing wrong, she went to the station right away. However, instead of taking her statement they decided to keep her in custody until the investigation started. She was not informed of any time limit on her custody and feared that she could be kept there indefinitely. It is hard to say how long she may have stayed had International Bridges to Justice not intervened.

There is no time limit, no oversight; she could have been detained for however long they saw fit. As no charges were made, Ms. Thyda was not read her rights. She was thrown into a damp10x10 foot cell with no light other than a 4×6 inch window. The conditions were deplorable. There was no bed, sheets, or ventilation at all. Though prison conditions are already poor, custody conditions are even less monitored due to the fact that they are meant to be short term holding facilities. Conditions vary from lush cells, usually reserved for the wealthy, to what Ms. Thyda unfortunately experienced. She was in custody for five days during which time she was provided absolutely no food or water. Luckily her family was able to bring her what little sustenance they could afford to keep her going. Looking back at those five long days in the custody, Ms. Thyda said, “I felt absolutely hopeless. I was hungry, tired, scared and I knew that nobody was coming to help me. I felt depressed because at this point, my life seemed to be over.”[2]

Thyda and her family, IBJ intern Jake Mooney and IBJ lawyer Ms. Chan Reaseypheak (middle)

IBJ is known by many other organizations in Cambodia as one of the only viable options to turn in a situation like this. There are groups that particularly try to look after service workers in Phnom Penh. Luckily, the restaurant Ms. Thyda works for is connected to one such group that specifically looks after women who work night jobs. After hearing about her situation, the organization contacted IBJ for help. An IBJ attorney was able to meet with Ms. Thyda the very next day, listen to her story, and get her released from custody that same day. Since there were no existing charges, there was no bail or hearing.

As Ms. Thyda’s case demonstrates, early access to council is essential. Lawyers play an integral role in advocating and protecting prisoner’s rights within the legal system. Ms. Thyda could have easily been in custody for months before any investigation even started. She has not been charged with anything yet, but if she is, IBJ will be by her side defending her rights every step of the way.

^[1] Name Changed (French)

[2]  Translated from English

From left: Mr. Shiv Kumar Dwivedi, Duty Lawyer IBJ India. In the middle: Mr Ashwani Kumar Bali, Duty Lawyer, and  Mr. Ajay Verma, Advocate and Senior Fellow IBJ.

The awareness workshop was held in the New-Comers Ward of Tihar Jail no. 8 and 9, and followed by an interactive session where Mr. Verma and the lawyers answered questions and shared basic legal knowledge with the prisoners. The New-Comers Ward was chosen because most of the time new inmates don’t know anything about legal aid and procedures.

More than 300 new-comers had gathered to attend the awareness workshop.

Communication with the judge was one of the first issues to be discussed. Many inmates told us that when they are produced before a magistrate, they will stand in the back of the room and not be allowed to talk to or address the presiding judge. The inmates are frustrated because they want to share their versions and details of the crime, or maybe they want to put before the judge that they have been falsely implicated.

Mr. Ajay Verma told the inmates that they have to talk to the judge and say whatever they want about their case. If the accused talks, the judge will listen to him. He adviced the inmates to go to the legal aid centre in their jail and write what they want to tell the judge in a paper, which they will give to the judge in court. Besides this it was also suggested that as the courts are considered temples of justice, the inmates needs to be polite and courtious to the sitting judge.

Some time was spent on informing the inmates about the necessity to give any defence evidence they have in their case. The inmates felt it was not fair that the prosecution was giving evidence against them, because they simply did not know their right to do the same. They were also informed about the right to be present during all stages of trial, and that they, at any point, may object or correct information if they feel that it is incorrect, in consultation with their lawyer. The accused can always listen to the answers of the witnesses in their case, and immediately inform their counsel anything about the same. Mr. Verma stressed that they need to have effective commuication with their counsel to effectively defend their case.

Mr. Ajay Verma, Advocate and Senior Fellow IBJ, Mr. Ashwani Kumar Bali, Duty Lawyer IBJ India, and Mr. Shiv Kumar Dwivedi, Duty Lawyer IBJ India.

Another issue raised by the inmates was that of chargesheets not being filed. The IBJ India Team informed them about the right to bail in non-bailable offences, as stated in Section 437 in the Criminal Procedure Code (Cr.P.C). In non-bailable offences it is on the discretion of the Court to grant bail. But if the police don’t produce the chargesheet within a given amount of time, the accused may request to be released on bail as a matter of right under Section 167 of the Cr.P.C., provided that they are willing to furnish surety. If the sentence of the crime is less than ten years, and the chargesheet has not been filed, the accused is entitled to bail after 60 days of his arrest. In offences punishable above ten years, life imprisonment or capital punishment, the same goes after 90 days. The inmate can go to the legal aid cell in his jail, and write an application stating that it has been 60  or 90 days and that the police has not filed the chargesheet. In these cases, the inmate will usually be granted bail.

Interaction with the inmates. 

In addition, the lawyers answered questions regarding plea bargaining, as introduced  by the Criminal Law Amendment Act in 2005. Plea bargaining is an agreement between the prosecutor and the accused where the accused will get some sort of concession in exchange of pleading guilty to all or some of the charges against him. Any offender can plead guilty provided that the maximum sentence for the crime is less than seven years, and that the crime was not committed against women or children.

Usually, the inmates will think that plea bargaining is acquittal of the charges, when it actually is a conviction with confession. In the session, IBJ India shed light on all sides of plea bargaining. If the accused pleads guilty, he will be registered as a convicted person. Among other things, he will not be able to get a government job. Also, if he is arrested a second time the judge will consider him a habitual offender and, because of this give a harsher punishment. Therefore, it is very important to inform the inmates about all the aspects of plea bargaining.

One of the new-comers talking to Mr. Ajay Verma.

As expected, many of the new-comers that we met in the New-Comers Ward were accused of petty offences. One of the inmates had been arrested for electricity theft, and was languishing because of lack of legal representation. IBJ India’s Duty Lawyer Mr. Ashwani Kumar Bali took his case and will be filing an appropriate bail application. The lack of knowledge of the right to bail in bailable offences, as prescribed in Section 436 in Cr.P.C is the reason why inmates remain in jail for at least 15-30 days when they are not able to furnish surety. The inmates were also informed about the legal aid centre in their cell and how they can go there to get legal assistance free of cost. They were requested to report to the Superintendent of the Jail whenever any legal aid advocate asks for money.

In the last part of the session, the inmates came up to the IBJ India Team and asked for advice about their cases, showing their chargesheets, and the like. The team also identified a few people without legal representation, and Mr. Ashwani Kumar Bali, Duty Lawyer IBJ India, visiting Jail No. 8 and 9, agreed to take their cases.

IBJ India will continue with awareness events as long as the need is there. We are grateful for the good cooperation with the prison authorities and their help in providing easy access to justice for the inmates. We are looking forward to the conduction of future events.

Some of the longterm convicts that participated in the workshop.

From the 04^th to the 06^th of October, IBJ India jointly conducted a three-day para-legal training in Jodhpur, Rajasthan. The training was conducted in collaboration with CHRI (Commonwealth Human Rights Initiative), State Legal Service Authority (Rajasthan), and District Legal Service Authority (Jodhpur).The overall goal of this workshop was to train longterm convicts in basic legal issues and procedures, especially relating to pre-trial detention and speedy trial. When trained properly, longterm convicts become in-house legal resources, and they are therefore potential significant resources in jail administration. Their knowledge as para-legals enables them to spread legal awareness and to assist undertrial and freshcomer prisoners in their jail.

Mr. Ajay Verma talks to one of the convict.

The workshop was titled Saksham Legal Capacity Building Workshop, a name capturing the essence of its goal in the word “Saksham”, translated to “capable” in English. We gathered about 20 literate longterm convicts in the hall of the prison complex in Jodhpur Central Jail. The prisoners participated actively in the sessions and many of them showed a big potential to be future para-legals in the jail. “A 72 years old man serving a lifetime sentence, came up to me and said that this training was the definite highlight of his 22 years of imprisonment. This is my definite most memorable moment of the workshop”, Said Mr. Ajay Verma, Advocate & Fellow IBJ India.

Friday the 04^th of October was the first day of the workshop and was kicked off with an interactive session, in which the convicts’ knowledge about issues like prisoners’ rights and the right to an effective and speedy trial was mapped. As our previous experience from these kinds of events shows, the inmates usually do not have basic knowledge on these issues. The Superintendent of the Jail, Shri Rakesh Moham, talked about the role of para-legals and prison officers in prison management and reform. Mr. Ajay Verma then talked about IBJ’s work with prisons. The movie “Bol Bosanto” was screened, and followed up with a discussion on the movie’s topic, namely: What is law?

Excercise on client-lawyer relationship made the convicts have fun.

Day one continued with an interactive session, conducted by Mr. Verma (IBJ India) and Mr. Raja Bagga (CHRI). They explained the rights available during trial, and made the convicts share their own experiences. Certain images of court-,policestation-, and jailscenes were shown, and the inmates were asked to explain what they were seeing and to share their own stories with the group. Further, Mr. Verma led a session on the importance of a good client-lawyer relationship. This was done by roleplay exercises, for example, half of the convicts were acting clients and the other half were acting lawyers. They used their own experiences to argue their cases. This activity was conducted to find out what the convicts have gone through and what problems they have faced with their lawyers, problems it is less likely that they would have shared face to face with them. Many convicts do not even talk with their lawyers, which often just take their papers without interacting any further with their client. The activity also made the convicts laugh and have some fun in a, at times, heated discussion between the clients and the lawyers.

Excercise on client-lawyer relationship made the convicts have fun.

The next session on Avadhik Samiksha Samiti was chaired by Shri Mukish, Chief Metropolitan Magistrate. Mr. Rakesh Mohan, Superintendent, Jodhpur Prison was also present as co panelist as both persons are ex-officio representatives of the Periodic Review Committee (PRC). The Committee was created in 1979 with the mandate to ensure that the undertrials’ right to freedom is properly ensured. The Committee is supposed to frequently review the situation of every prisoner awaiting trial. It is thought that giving the para-legals information about the PRC will help them understand their larger role in the delivery of justice for other prisoners and explain to them how they in their role as para-legals can assist in strengthening the Committee.        

Written excercises were a significant part of the workshop

The second day was kicked off with an open session, where the convicts came forward and requested Mr. Verma from IBJ India to listen to and take up their cases. The morning session  focused on bail, plea-bargaining, appeal and parole. Exercises were done to equip the para-legals in drafting bail applications, plea bargaining applications, parole and appeals. The convicts were given casestories, and asked to draft bail applications, which were reviewed in plural. Other topics covered on the second day were eligibity, referral authorities and the following-up process.

On the third and last day of the paralegal training, the movie “Pehel” was screened followed by a discussion. The aim was to visualize the structures that would be needed for effective functioning of paralegal work in Jodhpur Central Jail. Also, some time was devoted to talking about bailable offences, under sections 107 and 151 in the Indian Criminal Procedure Code (Cr. P.C.). Under Section 436 states that if a person is not able to furnish bail for a period of one week, and he does not have a surety, according to the section he is supposed to be released on furnishing a personal bond. The objective of the workshop was to train longterm convicts in a way so that their potential resources in jail administration are enabled. The workshop focused on the difficulties faced by those held in pre-trial detention and stressed how longterm convicts can assist them, while at the same time it helped the convicts to gain insight into their own legal rights. We have a very good relationship with the prison authorities in Jodhpur Central Jail and they also requested us to come back for similar events soon. Because of all these things, IBJ India considers the training as very satisfying and is happy to have been a part of it.

Mr. Ajay Verma leading a session on different legal issues.

When I arrived at the main gate the first thing the guards asked me for was my identification. They also asked if I was a lawyer. Later, I spoke with one of the lawyers who had come to visit a prisoner, and she told me that all lawyers are allowed to enter freely into the prison except on Fridays.

I often see prisoners doing community work around town in pink and orange uniforms but I was amazed to find out what each colour meant. Prisoners in orange are already serving their sentence. Those in pink are either waiting to be given a trial date or waiting for the judgment. This was insightful to learn.

Some prisoners were playing but some looked devastated and sick, with no medical attention.

There were a lot of activities going on in the prison. Some prisoners were digging and building things. I asked some prisoners how they eat and who cooks for them, and I learned that they have regular meals such as breakfast, lunch and supper. Fellow prisoners take turns cooking in shifts. It was quite impressive to see them working together.

I learned that many of the prisoners are deeply religious. One of the prisoners who I was able to talk to told me that many detainees have become “saved” since they have been in prison. There is a Mosque and a church in the prison; and from time to time Sheik and Pastors come in to preach.

As I walked around the prison, I learned that some prisoners don’t live together. There are blocks for young children under 18 years and another block for adults. When it comes to women who were imprisoned when they were pregnant, they give birth in the prison and live with their new born baby until the child is around 5 years old. Then the child is taken to the mothers’ relatives; and if she does not have a family the kid is taken to an orphanage.

From this quick visit it seems like prisoners get regular meals, some prisoners are employed, but it is true that some facilities are being under looked like medication for prisoners and women who live with their kids until they are 5 years old.