Russian, ICB

Uncovering the Evidence

bharris — Fri, 25 May 2007 20:08:19 -0500

Uncovering the Evidence

by Luis Fondebrider

Download full notebook in English and a brief summary in Armenian and Russian below.*note]

Forensic science has been a powerful tool in the scientific documentation of human rights violations around the world, and especially in Latin America. The Argentine Forensic Anthropology Team has been in the forefront of efforts to train human rights NGOs to use forensic tools to advance their investigations, to provide more support for victims and to strengthen the credibility of their work against impunity. EAAF uses independent investigations to mobilize and persuade both local and international audiences. The information obtained can also provide useful evidence for future prosecutions. This notebook addresses how human rights organizations can make optimal use of forensic science to advance their work for justice and against impunity.

Over the last fifteen years, the scientific investigation and documentation of human rights violations has become a valuable tool in the search for truth and justice in societies emerging from periods of political, ethnic and religious violence. Forensic expertise has served human rights investigations led by official justice systems of states, historical truth-seeking processes, international tribunals and commissions and human rights NGOs. A forensic scientist can answer some questions with a certain degree of precision:

Was the person tortured?
What was the cause of death?
Was the death accidental or intentional?
Can the unearthed bodies be positively identified?

Such answers offer victims’ families and the judicial process convincing proof of what happened. In an objective, concrete way, scientific analysis complements the testimony of a witness, a photograph or a document related to an incident. This kind of scientific evidence may prove to be fundamental for a ruling on whether an accused person is innocent or guilty. In cases of rape, for example, it can be crucial to discover traces of semen that can be compared with the genetic pattern of the accused person. In recent years, the application of the forensic sciences has had a significant impact in countries where abuses were committed by the government or agencies connected to it, be it for political or other reasons. Official versions of events, often false, can be contrasted with physical evidence and their analysis. This allows a tribunal to establish, for example, that a group of people was executed, and in fact did not die in an armed encounter. In this tactical notebook we show how families of victims, their communities and the organizations that they form–human rights NGOs–can use the forensic sciences in their struggle for truth and justice and prevent the impunity that those responsible for human rights abuses often enjoy.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Making the State Pay

bharris — Fri, 25 May 2007 20:08:08 -0500

Making the State Pay

By Camelia Doru

Download the full notebook below. [*note]

In this notebook, we read about the efforts of the ICAR Foundation to mobilize public resources for a socially marginalized group – victims of torture. The Foundation recognized that many citizens had suffered torture during the communist regime, and created an organization to provide treatment and care to the thousands of torture survivors. While there was international support, the Foundation knew that provision of this care was actually the responsibility of the state itself. The notebook outlines ICAR’s effort to pressure the Romanian government to pay for rehabilitation of torture survivors even though it was not willing to officially assume responsibility for past abuses. In effect, ICAR forced the state to begin to fulfill its moral and legal responsibilities as laid out in international and national laws. ICAR’s story provides ideas about how to pressure a state to carry out its obligations to a socially marginalized group and compel it to take a step toward justice.

In October 1991 the International Rehabilitation Council for Torture Victims (IRCT) invited me to Budapest to take part in the first inter-national symposium in Eastern Europe on "Doctors, Ethics and Torture." During this symposium I met people from all over the world, people engaged in providing medical rehabilitation to victims of torture under many different circumstances and often in politically adverse conditions. This experience, along with the support I received from IRCT colleagues, encouraged me to create a non-governmental organization in Romania to address the terrible problem of torture. I knew there would be po-litical resistance, but I also saw that I could count on professional international training, management and financial support. The ICAR Foundation was registered in April 1992. Its name commemorates the Greek mythological figure Icarus, who needed help after successfully escaping from long imprisonment and finding that his wings did not survive the heat of the sun. Our logo contains the wings as a symbolic representation of the Icarus.

We began to search for resources that would allow us to provide services for the thousands of torture survivors in Romania.Throughout the subsequent decade of work, we have found our international colleagues and donors to be crucial. The treatment and care of torture survivors, however, should not depend on the interna-tional community. We believe that this work is the moral and political responsibility of the state itself. What I will describe in this notebook is our long-term strategy to pressure and persuade Romanian local and central governments to start accepting this responsibility.

We opened our first center in 1993 with only three doctors, two supporting staff, and a budget of US$20,000. We saw 85 clients, and our private and international supporters covered all expenses. In 1994 and 1995 our attempts to mobilize public resources began to succeed as we convinced local government officials to provide premises for our operations; we now estimate the value of this local government contribution at over US$100,000 per year. More recently we also obtained government support in prescribing free medicines for our clients – a public contribution worth over US$150,000 per year. By 2002, the ICAR Foundation had grown to three centers with a staff of more than 50. We provide services for 2,000 clients and receive annual international contributions of US$300,000.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Making the Global Local

bharris — Fri, 25 May 2007 20:08:07 -0500

Making the Global Local: Applying Global Agreements to Local Enforcement of Human Rights Laws

By Columbus Igboanusi

Download full notebook below. [*note]
See Phillipe Duhamel's creative take on this resource at interTactica!

In the human rights field, there is often a wide gap between the locus of abuse and the policies, laws and treaties that were created to prevent or stop it. Furthermore, often the discussion of these abuses and the law and policies to prevent them are only talked about in high level policy and diplomatic forums. The tactic presented in this notebook helps bridge these gaps. The League of Human Rights Advocates in Slovakia recruits people from the disenfranchised population – in this case the Roma – to serve as human rights monitors. The monitors learn, often for the first time, about their own rights under national and international law. The LHRA and the monitors then work to enforce those rights –that were signed into existence in far-off capitals–in their own town halls, police stations, schools and communities. The information from local monitors is used to present the true, on the ground, impact of national and international laws in the country. The work done in Slovak may provide each of us with tactical ideas to address similar gaps in each of our communities and countries.

This notebook describes the creation and functioning of a systematic volunteer network of human rights monitors in Slovakia, maintained by the League of Human Rights Advocates (LHRA). The LHRA believes that its grassroots monitoring of local compliance with international human rights commitments assists and encourages the state and its apparatus to live up to its international obligations. The LHRA’s investigatory work, public education efforts and high-level contacts with international human rights NGOs also enable it to put considerable pressure on the Slovak government to live up to its international commitments. The LHRA’s volunteer monitors thus help achieve justice for local Roma people and others suffering human rights abuses. In addition, since LHRA monitors are themselves Roma activists living in Roma communities. The LHRA training process empowers them and their communities to understand and stand up for their rights.

See Phillipe Duhamel's creative take on this resource at interTactica!

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

International Monitoring Bodies

bharris — Fri, 25 May 2007 20:08:05 -0500

International Monitoring Bodies

by Paul Mageean

Download full notebook below.[*note]

In this notebook, we discover how the Committee on the Administration of Justice succeeded in raising the issue of human rights abuses in Northern Ireland at the international level and, by doing so, brought about significant improvements in human rights conditions. This was accomplished through CAJ’s utilisation of the Committee Against Torture–one of the mechanisms available through the United Nations for monitoring governments that have signed international conventions. In order to use these international mechanisms effectively, a number of supporting tactics were necessary, including writing submissions to the Committee, lobbying in Geneva and monitoring the implementation and impact that the reports and recommendations of Committee Against Torture have had on Northern Ireland in terms of actually improving the human rights situation on the ground. International mechanisms can be a powerful and effective tool for human rights organisations to leverage for change, especially when they have encountered significant obstacles and opposition at the local and national level.

There has been a violent political conflict in Northern Ireland since 1969. The conflict involves three sets of protagonists: the Irish Republican Army and other republican groups that want Northern Ireland to unite with the rest of Ireland; loyalist groups that want Northern Ireland to remain within the UK; and the state. From the beginning of the conflict the forces of the state have been involved in human rights abuses. A key aspect of the human rights abuse has involved allegations of ill-treatment of those in custody. This notebook will outline how the Committee on the Administration of Justice (CAJ) was able to successfully utilise the United Nations Committee Against Torture to pressure the UK not only to address the allegations of ill-treatment of those in custody but also to establish mechanisms and standards ensuring protection for the accused and accountability of state actors.

The Committee on the Administration of Justice, the foremost human rights organisation operating in Northern Ireland, had long been concerned with the rights of those in detention. Concerns about the use and abuse of emergency law gave rise to our establishment in 1981. We had devised a set of recommendations to guarantee the rights of those arrested by the police and particularly those held in the detention centres. These proposals included suggestions that interviews be recorded electronically, that lawyers be permitted to be present during the interviews, that there be an independent system of monitoring the detention process, that those detained be brought before a judge or released after a shorter period than seven days and that there be independent investigation of complaints of ill-treatment. These proposals were strongly resisted by the government and the police, who maintained that the exceptional powers granted by the emergency legislation were necessary to deal effectively with those suspected of paramilitary activity. Both the government and police denied that any abuse was taking place even though those who alleged ill-treatment and were released without charge by the police often successfully sued for damages. In addition, it was difficult to get media coverage of the issue because at the height of the conflict much of the media was reluctant to give extensive coverage to allegations of this nature.

We needed to devise a response to this problem that would be effective in terms of improving the situation of those arrested under the emergency laws but would also trigger such a significant news story that the media could not avoid covering it. It became increasingly clear that this response could not be generated internally in Northern Ireland. Although we were still a relatively young NGO (having hired our first staff members in 1985), we had begun to think in terms of the boomerang theory. We were therefore increasingly alive to the possibility of exposing what was going on in the detention centres before an international audience to shed light on the situation from outside the country, which would demand accountability and a response from the government. It was clear to us that, on our own, we were not going to achieve our goal of ending the ill-treatment. We were not able to cultivate media interest in the issue–certainly not in Britain, where the key policy-makers were based. It was also the case that many simply disbelieved what we were saying. It is, of course, often the case that in a society in conflict human rights activists are disbelieved and dismissed as being partisan.

This was a phenomenon not exclusive to Northern Ireland, but it did create problems for the credibility of what we were alleging and weakened our chances of creating the necessary momentum to improve the situation. We therefore needed to find a tactic that would address these weaknesses by raising the profile of the issue both internationally and domestically, also lending credibility to what we, as a small NGO in Northern Ireland, were saying. We were fortunate to have a number of academic lawyers familiar with United Nations mechanisms on our executive committee. One of them suggested the use of the Committee Against Torture or CAT (referred to as "the Committee" for the remainder of this notebook). At this stage, we had not accessed any of the international mechanisms at the UN level designed to protect human rights.

The UK signed the Convention Against Torture in 1985 and ratified it in 1988, becoming thereafter subject to the reporting procedures of the Committee Against Torture. Essentially, this meant that the UK had to report periodically to the Committee about the extent to which the Convention was being respected in the UK. The UK must submit each report in written form to the Committee, which then holds a hearing on matters addressed in the report and questions UK representatives. The hearings take place in Geneva. Generally the Committee runs on a three-year cycle, but fortuitously for us, the UK was to be examined by the Committee for the first time in 1991. We consulted with our colleagues in international NGOs to assist us in using this UN mechanism when the UK had to appear before the Committee. We have subsequently been able to utilise such UN mechanisms with increasing success and the Committee Against Torture has been particularly instrumental in pressuring the state to implement actions long-recommended by CAJ.

These examinations by the Committee would have occurred with or without interventions from us. However, the Committee, like other UN human rights mechanisms, tends to rely on NGOs and others to provide it with credible information on which to base its questioning of the country involved. The previous recommendations from the Committee tend to set the parameters for each subsequent examination, so it was important for us to persuade the Committee to pay attention to the issues we wanted highlighted. This was particularly the case in 1991, as it was the first time that the UK had been examined. Increasingly, and certainly in 1998, the Committee would start the session by asking for information on what the state had done to meet the concerns highlighted by the Committee on the previous occasion. The UK has not been examined since 1998, although we anticipate an examination will be forthcoming again in the near future.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Expanding Access to Justice

bharris — Fri, 25 May 2007 20:08:02 -0500

by Marcos Fuchs

Download full notebook below. [*note]

Until a few years ago, there were no legal firms in Brazil that offered free services to people in need. The Pro-Bono Institute has created a new legal tradition in São Paolo, convincing major law firms to donate their legal services and connecting them with NGOs in need of legal services. The Institute has recruited about 140 lawyers and is offering a variety of free services to all kinds of NGOs, including support for important human rights cases. It has achieved a rapid change in attitude in the legal community and pro bono work has become steadily more popular. This workshop demonstrated how to develop pro bono services in the professional legal community to give NGOs and victims of human rights abuse access to more frequent and better legal services.

The expression pro bono publico is Latin for "for the public interest." The expression is now most commonly used to refer to lawyers or other professionals who offer free services to assist people in need or to promote the public interest. By institutionalizing mechanisms to facilitate such public service, the basic human urge to volunteer time to help those in need can become an integral part of the ethic of an entire profession. The pro bono relationship provides a great benefit to both parties: The clients receive services they might not otherwise afford, while the lawyer receives the satisfaction of using his or her skills for a good cause. As a result of this mutual interest, in some countries special institutions have been created to promote free legal assistance for poor people and charitable nonprofit organizations.

Institutionalized pro bono activities are very strong in places like the United States, Australia and Europe, where most of the top law firms have their own pro bono projects providing assistance to the poor, to immigrants and to NGOs. The institutionalization of pro bono services has a direct benefit for human rights. For one thing, human rights NGOs themselves can benefit from such free services. Secondly, the pro bono movement is responding directly to an often-denied human right: the right to a lawyer. Volunteer lawyers are often interested in providing assistance to victims of abuses. In Brazil some of the most respectable NGOs started their activities during the dictatorship (1964-1989) by assisting victims of the repressive government. Many lawyers were providing free legal support to people detained for political reasons.

Unfortunately, there is huge potential being lost. There is a general openness in the legal profession to offering free services to those who need it most. Yet a great many countries with significant and strong legal establishments have no institutionalized process by which people in need can be linked to volunteer lawyers. Despite the Brazilian experience of legal support to victims of repression, until we created the Instituto Pro Bono in 2001 there was no institution with a mandate and capacity to bring together lawyers offering their services with organizations who might need them. More importantly, there was no built-in ethic or professional expectation that lawyers should offer such services. Unlike in the United States, where it is a basic assumption of the legal profession that a firm will offer a certain percentage of its time pro bono, in Brazil and many other countries this is unheard of.

Voluntary service is a purely personal matter, not related to the firm or to the profession as a whole. The Instituto Pro Bono was created to change this reality: to institutionalize the ethic of pro bono service within the Brazilian legal profession and to create an efficient system for bringing together pro bono lawyers with clients in need. In the long run, we believe that this step will increase access to justice for all Brazilians and assist many worthy NGOs. We want to share this experience with you, as we believe the institutionalization of pro bono services is a step that could have a similarly positive effect in many other countries where it is not yet common practice.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.