Activities Roundup: March-July 2010

ANTICORRUPTION

UNESCO Prize Row Spotlights Corruption in Equatorial Guinea
Following months of sustained effort from the Open Society Justice Initiative, the Office of the International Advocacy Director, and coalition partners, UNESCO decided in June to delay awarding a prize named after and funded by the dictator of Equatorial Guinea, given his regime’s reputation for corruption and poor governance. Some 270 organizations around the world have been involved in the campaign against the UNESCO-Obiang Nguema Mbasogo International Prize for Research in the Life Sciences, and leaders such as Nobel laureate Archbishop Desmond Tutu have spoken out against it. The Justice Initiative worked closely with the Open Society Public Health Program to encourage public health professionals and scientific leaders to raise their concerns in a letter to UNESCO leadership. Naming an award recognizing scientists whose work has improved the “quality of human life” after the leader of one of the worst-governed nations on earth is a cynical affront to the regime’s victims and the world community, and UNESCO should get out of the reputation-laundering business. The Justice Initiative will continue its advocacy leading up to the next UNESCO governing board meeting in October 2010. We are calling for the prize, which clearly compromises UNESCO’s values, to be cancelled completely and are demanding a full investigation into the source of its funding.

CRIMINAL JUSTICE

Study Finds Need for More Effective Criminal Defense in Europe
Many people suspected or accused of crimes across Europe are unaware of their rights and routinely prevented from mounting an effective defense, shows a study released in June and conducted jointly by Maastricht University, JUSTICE, the University of the West of England, and the Open Society Justice Initiative. Effective Criminal Defence in Europe explores and compares access to effective defense in criminal proceedings across nine European jurisdictions. The study recommends that suspects throughout Europe should be provided, immediately upon arrest, with access to legal assistance, as well as a “letter of rights” that highlights the right to obtain legal representation before being interrogated by police. Establishing standards will also facilitate greater police and judicial cooperation across the continent. The Justice Initiative is working closely with the Open Society Foundations office in Brussels to press the EU to ensure that states fix flawed criminal justice systems. Following the report’s launch and an open letter to European Commissioner for Justice Viviane Reding, the European Commission is now moving forward with a directive to ensure that suspects receive written information on their rights and the charges they face as early in the process as possible.

Torture, Rape, and Killings Pervade Nigeria Police Force
Police in Nigeria commit extrajudicial killings, torture, rape, and extortion with relative impunity, according to a report released in June by the Open Society Justice Initiative and the Network on Police Reform in Nigeria (NOPRIN). According to its findings, many members of the Nigeria Police Force are more likely to commit crimes than to prevent them. The report, entitled Criminal Force: Torture, Abuse, and Extrajudicial Killings by the Nigeria Police Force, is based on independent field monitoring and investigation at over 400 police stations and posts in fourteen states and territories in Nigeria from February 2007 to January 2009. It recommends increased police autonomy and oversight, better recruitment and working conditions for personnel, and improved investigation, arrest, and detention policies. Given the levels of police violence and abuse, the Justice Initiative has called on Nigeria’s new president to lead wide-ranging reforms. The report received significant international press coverage (BBC, Guardian) and has also been featured on the Open Society Blog.

Global Campaign for Pretrial Justice Gains Momentum at UN Crime Conference
Forty Open Society Foundations partners and grantees participated in the 12th UN Congress on Crime Prevention and Criminal Justice in Salvador, Brazil, in April. Throughout the conference, the Justice Initiative drew attention to the frequently neglected plight of pretrial detainees, who in many countries form the majority of the prison population. Pretrial detainees often face far worse conditions than convicted prisoners, yet have never appeared before a judge. Some pretrial detainees have even been in custody for longer than the maximum sentence they could receive if convicted. Holding millions of people in pretrial detention affects not only the detainees, but also their families, neighboring communities, and the victims of crime. Together with partners in the Global Campaign for Pretrial Justice, the Open Society Justice Initiative highlighted the nexus between pretrial detention and corruption, torture, public health, and socio-economic development in several panels. Partners spoke about innovative projects ranging from paralegal services in Malawi, Kenya, and Bangladesh to pretrial services in Mexico that could help solve these challenges.

Kazakhstan Torture Case Reaches UN
Kazakhstan has failed to prevent, investigate, or punish torture by police, according to a complaint filed in April by the Open Society Justice Initiative before the United Nations Committee Against Torture (CAT). In the case of Gerasimov v. Kazakhstan, a group of at least five police officers tortured Alexander Gerasimov in 2007, resulting in serious injury and 13 days of hospitalization. Using a technique called "dry submarino," the police tied Gerasimov's hands and held him down on the floor as one officer repeatedly jammed a knee into Gerasimov's back while suffocating him with a plastic bag. A video of Gerasimov discussing his experience is available online.  

EQUALITY & CITIZENSHIP

Reducing Stop-and-Search Monitoring Undermines Fairness
In May, the Open Society Justice Initiative responded to the new UK Home Secretary’s proposal to reduce "time-wasting bureaucracy" by eliminating monitoring forms for police stops that do not result in a search. As program officer Rebekah Delsol points out in the Guardian, while billed as revolutionary bureaucracy-busting, this proposal will actually unravel protections against the unfair and unlawful use of police powers to stop and search, undermining accountability to the law and local communities. The proposal came shortly before the European Court of Human Rights struck down the infamous “section 44” powers of British law in June, so that British police will no longer be able to stop and search individuals without reasonable suspicion of terrorism. In “Stop and Search in the UK: It’s Not Over Yet,” program officer Indira Goris notes that in many cases, however, police can still rely on other powers that are just as arbitrary and that disproportionately impact ethnic minorities.

Challenging Ethnic Profiling in Europe
The Open Society Justice Initiative hosted a public event on ethnic profiling in March. Rosalind Williams discussed her 17-year experience challenging racial profiling in Spain and the implications of her landmark UN Human Rights Committee case. Open Society Justice Initiative experts on ethnic profiling also spoke about police reform efforts that are ongoing across Europe. An op-ed by program officer Indira Goris highlighting the parallels between new U.S. profiling laws in Arizona and the existing system in Arizona also ran in the print edition of El Mundo, a Spanish newspaper, in May.

Dominican Republic Statelessness Case at Inter-American Commission
In June, together with the Center for Justice and International Law, the Open Society Justice Initiative filed a case challenging the Dominican Republic's treatment of its citizens of Haitian ancestry before the Inter-American Commission on Human Rights. The complainant, Emildo Bueno, was born in the Dominican Republic in 1975, issued a Dominican birth certificate, and subsequently recognized by multiple state agencies as a citizen, in accordance with the law. However, in 2007, government authorities stripped Bueno of his Dominican citizenship, retroactively applying a 2004 migration law which conditions nationality access on parental immigration status at the time of birth. This sort of treatment is all too common for Dominicans of Haitian descent, and thousands like Bueno have found themselves essentially stateless. The Justice Initiative is drawing media attention (BBC, Christian Science Monitor) to this problem in the Dominican Republic, as well as statelessness globally, and continues to work with local partners to develop additional cases.

Groundbreaking European Court Decision on Citizenship and Statelessness
The European Court of Human Rights issued an important decision on citizenship and statelessness in the case of Kuric and Others v. Slovenia in July. The court ruled that it was unlawful for Slovenia to deny permanent residency status to long-term legal residents in the aftermath of state succession, as this policy left many of them stateless and made it impossible to maintain meaningful family and community ties. The judgment represents an important milestone in strengthening international norms against statelessness, and is discussed in greater detail by executive director James A. Goldston’s piece, “The Struggle Against Statelessness Advances in Strasbourg.” The Justice Initiative filed a third party brief in the case.

Europe's Highest Court Rules Roma School Segregation by Language Illegal
In a decision issued in March in the case of Oršuš and Others v. Croatia, the Grand Chamber of the European Court of Human Rights held that the segregation of Romani children into separate classes based on language is unlawful discrimination, violating the European Convention on Human Rights. Justice Initiative executive director James A. Goldston helped argue the case, which was brought by the European Roma Rights Centre. The Grand Chamber decision builds on the court's groundbreaking judgments in D.H. and Others v. the Czech Republic, which first established that racial segregation in education is unlawful, and Sampanis and Others v. Greece. Oršuš marks great progress in the struggle for Roma rights in general, as well as the right to equal opportunity and quality education for all. 

FREEDOM OF INFORMATION & EXPRESSION

Pressing for Right to Truth in Brazil
In June, the Open Society Justice Initiative filed an amicus curiae brief with the Inter-American Court in the case of Gomes Lund v. Brazil, which challenges Brazil's 1979 amnesty laws prohibiting any legal action to redress torture and killings by the former military dictatorship. The brief contends that there is a legally enforceable right to the truth for both the victims of human rights violations and society as a whole.

Legality of Berlusconi’s Television Monopoly Challenged
Prime Minister Silvio Berlusconi's control over television broadcasting in Italy breaches European democratic standards, the Justice Initiative argued in a brief filed in March with the European Court of Human Rights. The Italian broadcaster bringing suit, Centro Europa 7 s.r.l., has been denied access to the airwaves for almost a decade, despite rulings by Italian courts that the government must diversify ownership of the broadcast spectrum. The Justice Initiative intervened in the case as an independent third party acting in the public interest, calling on Europe’s top Court to address Italy’s media pluralism gap. The brief argues that concentrated control and conflict of interest in broadcasting has had a chilling effect on Italian media.

INTERNATIONAL JUSTICE

Kampala Review Conference: Outreach, Complementarity, and Aggression
The ICC Review Conference from May 31 to June 11 in Kampala presented a historic opportunity for supporters of the International Criminal Court (ICC) to celebrate the institution's achievements and develop effective strategies to address new and ongoing challenges. The Open Society Justice Initiative focused its participation on four key issues: complementarity; outreach to victims and affected communities; the role of nongovernmental organizations in the ICC’s development; and the crime of aggression.

Monitoring Charles Taylor and Thomas Lubanga Trials
The Open Society Justice Initiative continues to monitor the Special Court for Sierra Leone through charlestaylortrial.org, providing a source of regular legal analysis for media and a discussion platform for members of the diaspora. Supermodel Naomi Campbell’s possible connection with Charles Taylor’s alleged involvement in trading blood diamonds has spawned a wave of media interest in the US; in May, Justice Initiative expert Tracey Gurd provided her perspective on the case for ABC News. The Justice Initiative also provides daily monitoring of the ICC’s first trial at www.lubangatrial.org, and will launch a site for the upcoming Bemba trial set to begin later this year. 

Examining the Impact of the ICTY in Bosnia
That Someone Guilty Be Punished,a new book commissioned by the Open Society Justice Initiative and the International Center for Transitional Justice, and written by Diane F. Orentlicher, looks at the impact of the International Criminal Tribunal for the former Yugoslavia in Bosnia, highlighting lessons that can improve future efforts to provide justice for survivors of atrocious crimes. Orentlicher examines the work and effectiveness of the tribunal through the words and experiences of victims and survivors, based on hundreds of hours of interviews. The book was launched in New York in July, on the 15th anniversary of the Srebrenica genocide. It is currently being translated into Bosnian and will also be released in Sarajevo later in 2010.

Khmer Rouge Tribunal Releases Duch Verdict
The Khmer Rouge Tribunal successfully completed its first trial on July 26, marking a major milestone in bringing justice to Cambodia. Although the trial itself was conducted fairly, the sentence length has been particularly controversial among victims, as trial monitor Heather Ryan discusses in “What Makes for Justice in Cambodia?” Major challenges remain going forward, particularly according to a Justice Initiative report entitled Political Interference at the Extraordinary Chambers in the Courts of Cambodia released in July, which highlights how a lack of judicial independence appears to be threatening the court's work and ability to meet international fair trial standards. Thanks in part to Justice Initiative advocacy, a UN Special Expert on the Extraordinary Chambers in the Courts of Cambodia was appointed in July, and will hopefully revitalize the tribunal and help curb political interference.

LEGAL CAPACITY DEVELOPMENT

New CEU Fellows Selected
In April, the Open Society Justice Initiative awarded fellowships to ten young lawyers and human rights activists from around the world to participate in a unique program of study and practical experience. The Central European University Fellows will pursue legal studies at CEU starting this fall, complete a three-month internship with a leading European NGO, and then work for at least one year with a sponsor NGO in their home country to provide legal services, human rights advocacy, or legal training and education. The program has been operating for over ten years, with fellowships awarded annually; application details are available online. This year’s scholars come from Albania, Brazil, China, Croatia, Ethiopia, Honduras, Hungary, Kenya, Nigeria, and Tanzania. 

Promoting Clinical Legal Education in the Middle East and North Africa
In April, the Open Society Justice Initiative and the OSI Middle East & North Africa Initiative held a clinic design workshop in Istanbul to promote clinical legal education. Attendees included deans and faculty members from universities in Egypt, Jordan, Palestine, and Lebanon. The Justice Initiative also continues to provide technical assistance to the Herat University clinic established in Afghanistan in 2008. Professors have now obtained licenses to practice as criminal defenders in preparation for development of a criminal defense clinic that will build on the current legal advice program. In addition, the Ministry of Education has signed a memorandum of understanding with Herat University to implement a comprehensive street law program.

Expanding and Evaluating Paralegal Programs in Sierra Leone
In March, the Justice Initiative released an updated edition of Between Law and Society: Paralegals and the Provision of Primary Justice Services in Sierra Leone, which focuses on the pioneering organization Timap for Justice and now includes a forward by George Soros. Promoting legal empowerment of the poor is a priority in Sierra Leone, and the Centre for the Study of African Economies at Oxford University is evaluating a pilot criminal justice paralegal program launched last year by Timap for Justice and the Open Society Justice Initiative, with results expected early next year.

NATIONAL SECURITY & COUNTERTERRORISM

CIA Rendition Case Reaches Top European Court
With the help of the Open Society Justice Initiative, Khaled El-Masri, a German national and innocent victim of a joint U.S.-Macedonian rendition operation, has brought his case before the European Court of Human Rights. Darian Pavli’s blog post, “The Salt Pit,” describes El-Masri’s ordeal in greater detail. Senior Legal Officer Amrit Singh pointed out in the Huffington Post that while the United States Supreme Court continues to close its doors to victims of the CIA's extraordinary rendition program, Europe's top human rights court remains open for justice.