On July 2nd and 3rd, more than sixty Rwandese defense attorneys gathered in Kigali to attend an IBJ training event- the second of its kind- hosted by the IBJ Rwanda Program. The curriculum emphasized criminal defense practices, with particular emphasis on early access to justice. The event was organized with the generous assistance of the Kigali Bar Association.
IBJ International Program Director Sanjeewa Liyanage and IBJ Rwanda Fellow John Bosco Bugingo invited participants to discuss constructively the current state of the Rwandan judicial and penal systems. The two facilitated discussion about how best to engage judicial actors and institutions in Rwanda to work collaboratively on these and other challenges. Participants in the training grappled with fundamental legal issues such as the presumption of innocence and the credibility of witness testimony. These exercises are intended to develop skills to address the problems of pre-trial treatment of the criminally accused in Rwanda. The training event is intended to bolster the capacity of the legal professional community to cope with these and other pressing issues. It is hoped that these practices will ultimately prevent further unnecessary prison congestion.
Attorneys Stephanie Slattery of the U.S. and Anita Mugeni of Rwanda volunteered their time to conduct training exercises. Stephanie traveled all the way from San Diego, California to demonstrate legal techniques in case analysis and cross-examination. The nature of the Rwandan legal system – based on civil law – tends to leave lawyers at the mercy of judges and the accused at the mercy of law enforcement. The current deliberate transition toward common law in Rwanda necessitates the kind of skills among lawyers that this training provides. The pair engaged participants in critical thinking exercises in hopes to strengthen the ability of lawyers to represent tough cases. Such cases currently leave defendants in Rwandan prison without adequate representation.
One anonymous public defender laments “many of the judges – even in the high courts – do not understand the concept of innocence. As far as [presumption of innocence is] concerned, it is very clear in our laws. However, the problem is implementation.” He suggests that it is the responsibility of dedicated lawyers to challenge the institutions in Rwanda to uphold the law.
Sanjeewa Liyanage and John Bosco Bugingo conducted several exercises which challenged attendees to engage in abstract thinking. Participants were invited to explore their personal stories, and their fundamental motivations for pursuing a legal career. Also, they were requested to form models of what the Rwandan legal system could become within the next twenty years if given adequate resources. These “visioning exercises” are intended to allow the lawyers to imagine what is possible in the Rwandan legal system beyond its current state. The lawyers present engaged in serious discussion about the future of the country’s judicial institutions and they were, for the most part, optimistic.
The event was covered by the local media, and received recognition in Rwanda’s most circulated newspaper. Sanjeewa and John Bosco gave an interview in which they detailed the mission of IBJ and its current operation in Rwanda. With growing attention to the work of IBJ in Rwanda, the challenges of Rwanda’s legal and penal system will hopefully become a matter of serious public discussion.
Upon completion of the two-day training, the president of the Kigali Bar Association, Me. Vincent Karangwa, attended to offer his thanks to IBJ and to wish the participants success. He addressed the youthful crowd; many of whom are newly-minted lawyers. Karangwa, on the other hand, is in his final year of service to the Bar, and will retire before the next training session. As he prepares to leave the legal profession, he is hopeful that the next generation of lawyers will be able to successfully address the challenges which lay ahead for Rwanda. As long as they are up to the task, IBJ will be there to assist.