Citation
www.penalreform.org
Paralegals in Rwanda
A Case Study by Penal Reform International
January 2012
1
About this publication
Paralegals are becoming an increasingly important part of the criminal justice
system in developing countries. By ensuring more people are aware of their
rights within the prison system and can therefore represent themselves and
follow up on their cases, paralegals contribute towards a reduction in numbers
in pre-trial detention. PRI’s Great Lakes office ran paralegal programmes in
both Rwanda and Burundi, although this leaflet focuses specifically on PRI’s
experience of designing and delivering paralegal programmes in Rwanda. It
also presents the lessons learned. While there is a huge range of paralegal
services, the one that PRI used in Rwanda is a model for providing legal aid,
which has been tried and tested in a number of different countries and shown
to be effective1.
What is Penal Reform International?
Penal Reform International (PRI) is an international, non-governmental
organisation founded in 1989, committed to reducing the use of imprisonment
around the world, through promoting alternatives to imprisonment, and to
developing and promoting the implementation of international human rights
standards on criminal justice and prison conditions.
What are paralegals?
Paralegals provide legal aid to people in a number of different ways, from
informing them about the law and court procedures to advice and assistance
with legal problems. They have basic knowledge of the law, legal system and
procedures, as well as basic legal skills, but are not necessarily qualified
lawyers.2 The paralegals employed by PRI had law degrees as a minimum
requirement.
Why not use a lawyer?
In many countries around the world, there are too few lawyers to allow
specialism in any one area, including criminal law; they also tend to be citybased and too expensive for most people to use. Publicly-funded legal aid
systems, if they exist, tend to have limited human and financial resources. At
the same time, many people do not require expert legal opinion or formal
representation. A trained paralegal can assist with most legal conflicts which
arise in people’s lives. More complex matters can then be referred to the legal
profession.
Is ‘paralegalism’ something new?
No. Paralegals have been around for a long time, although they are sometimes
referred to in different ways. In some countries, they have long been respected
and trusted members of the community, offering advice and assistance on a
1
PRI supported the development of the Paralegal Advisory Service (PAS) in Malawi as a model for legal aid in criminal
matters. Between 2000 and 2003, the initiative grew to 28 paralegals working in 13 prisons, facilitating the release of
over 1350 prisoners. For more information, see PRI’s film, Path to Justice, which charts the experience of paralegals in
Malawi: http://www.penalreform.org/multimedia/path-justice, and PRI’s publication Energising the criminal justice
system in Malawi: A paralegal aid service, 2002 (http://www.penalreform.org/publications/energising-criminaljustice-system-malawi-0) on which some of this document is based.
2
Open Society Justice Initiative, Community-based Paralegals: A Practitioner’s Guide (Open Society Institute, New
York, 2010), page 16
2
range of issues, including inheritance, land and family matters. In more recent
times, paralegals have demonstrated that they also have an important role to
play in providing basic services to those who are in conflict or in contact with
the criminal justice system.
Do these paralegals actually represent people?
No. Normally, paralegals do not represent people in court (this would normally
be done by a lawyer) nor charge a fee for their services. Paralegals provide
education, information and assistance free of charge so that those caught up in
the criminal justice system do not feel lost and are better able to navigate the
complex procedures and exercise their legal rights. Rather than compete with
criminal justice agencies or the legal profession, paralegals provide
complementary services.
PRI’s PARALEGAL PROGRAMME IN RWANDA
Penal Reform International’s work from 1998 to 2010 in the Great Lakes region
of Africa aimed to reduce the pre-trial prison population. The organisation
monitored the process of Gacaca - the name given to the system of
community-based courts for prosecuting genocide suspects - and its work
expanded to include providing paralegal services. In July 2009, with support
from the European Commission and the Belgian government, PRI launched a
pilot project to develop paralegal services for detainees held in prisons in
Rwanda, with the objectives of contributing to a reduction in the high rates of
pre-trial detention, improving access to justice and supporting the right of
detainees to a fair trial. The paralegals also worked with the prison and
prosecution services to introduce better case management systems, in order to
improve general procedures. PRI complemented this work, building the
capacity of prison staff by running workshops on human rights and record
management and installing new database software. Emphasis was placed on
reaching vulnerable detainees including minors, women and those affected by
HIV/AIDS.
What was the role of the paralegals?
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Support the prison administrative services in the management of the
prisoners’ files;
Offer immediate legal assistance, including legal information provision
through awareness-raising sessions, to detainees awaiting trial;
Liaise with the prison administration, the police, prosecution service, the
judiciary, lawyers and any other agencies dealing with the court case;
and
Work to improve co-ordination and communication among the various
criminal justice professionals.
The paralegals also linked the detainees and the criminal justice system so that
case files were completed and kept up-to-date, and people held in prison
awaiting trial were given information on how to prepare their cases for trial
and represent themselves.
3
The paralegal programmes in both countries brought clear results (see page
6), as several cases were brought to trial or conclusion more rapidly and
detainees were able to obtain dates for provisional or permanent release.
Ten paralegals provided services in five prisons in Rwanda (Kigali, Gitarama,
Butare, Cyangugu and Nyagatare), organising and conducting education and
awareness-raising sessions for detainees – particularly children, women and
prisoners with HIV/Aids. They also assisted the authorities in managing
prisoners’ files to ensure that cases could proceed more swiftly, with
appropriate evidence prepared for trial, and that prisoners were not detained
longer than the legal limit.
What were the paralegals’ objectives?
Through the continued presence of paralegals, PRI aspired to:
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inform detainees of their rights, so that they were better equipped to
monitor their own case and represent themselves in court;
contribute to capacity-building of prison staff for monitoring records and
of other agents in the criminal justice and prison system; and
contribute to a significant reduction in illegal detention on remand and
thus contribute to a reduction in the prison population.
How were the paralegals trained?
PRI designed and delivered specialised training sessions for the paralegals,
which included modules on:
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International human rights instruments;
National criminal law and procedure (including the Constitution and the
Penal Code);
The judiciary and the court systems;
Prison conditions, systems and infrastructure;
Health and safety awareness;
Information management, including an introduction to PRIson Watch
case management computer software (specially commissioned by PRI for
the programme in Rwanda);
The role of the paralegal within the prison;
Understanding the Code of Conduct (see Annex 1);
Interview skills;
Group facilitation techniques and education skills; and
Rights of vulnerable groups such as women and children.
During their intensive training, the paralegals also went on a visit to a prison, a
police station and public prosecutor’s office.
4
What did the paralegals’ activities achieve?
1) Legal literacy: helping prisoners understand the law
The paralegals organised and conducted awareness sessions for over 3,000
detainees awaiting trial (in particular for vulnerable groups of prisoners,
including women, children and detainees living with HIV/AIDS) during which
they addressed the rights of detainees and other legal topics. The sessions
covered modules such as arrest, pre-trial detention, and trial procedures.
Emphasis was placed on preparing detainees to help and represent themselves
by role-playing applications for release, cross-examination and pleas in
mitigation.
PRI distributed 7,300 booklets on the rights of detainees in all Rwandan
prisons, as well as 500 posters on life in prison and the legal process from
arrest to imprisonment.
Much of the paralegal training in Rwanda was based on content PRI had
already developed in its trainer’s manual3 for paralegals working in prisons in
Malawi, as part of their work there from 2000 to 2007. The manual was used
extensively and is still available from PRI.
2) Legal advice and assistance: enabling prisoners to apply the law
The paralegals worked with prison officers to screen and filter prisoners so that
those who had been lost in the system, or were in prison unlawfully or
inappropriately, were brought to the attention of the authorities. They ensured
that vulnerable groups were given priority.
The paralegals also compiled case lists and referred the individual cases to the
courts. They followed up each individual case4 until the person was released,
convicted or sentenced. They assisted prisoners with completing standardised
procedural forms agreed with the judiciary, which the paralegals then lodged
with the appropriate court.
3) Linking the criminal justice system: improving communication, cooperation and coordination
In Rwanda, paralegals provided one link in the chain that constituted the
criminal justice system. They sought to promote communication, co-operation
and coordination between the various criminal justice actors through:
• Partnership and collaboration
The paralegals were employed by PRI, which, whilst an independent,
international NGO, was experienced in working in cooperation with the prisons,
the police and the courts. While inside the prisons, the paralegals worked
under the authority of the prison service and were subject to their internal
regulations, but also obliged to comply with a code of conduct designed by PRI
3
Paralegal Aid Clinics: A Handbook for Paralegals Working in Prison, Penal Reform International, 2002
(http://www.penalreform.org/files/man-2002-paralegal-handbook-en.pdf)
4
See Annex 2 for a copy of the follow-up form used by the paralegals to keep track of cases.
5
(see Annex 1). They did not seek to accuse anyone of wrongdoing, but rather
to assist criminal justice actors who were often overstretched and underresourced, and struggling to fulfil their legal obligations. For example, the
paralegals sought to support prison staff to increase their capacity to better
manage inmate files.
• Trust
The basis of the working relationship, with both the prisoner and the
authorities, was one of trust. The paralegals sought to find practical solutions
to any problems encountered, through dialogue. They provided prison directors
with copies of their monthly reports and their schedule of visits to the court, as
well as a list of detainees interviewed and the areas of education planned.
RESULTS
Analysis of prisoner numbers in Rwanda
In 1994, approximately one million Rwandan citizens were killed during the
genocide.5 Initially, around 130,000 people were accused of organising or
taking part in the genocide, and were detained in prisons designed for only
18,000 prisoners. Prison overcrowding and poor conditions were therefore a
huge problem for Rwanda and in 2001 there were still 125,000 people in prison
awaiting trial6. By the end of 2010 the official prison population had decreased
somewhat, to 43,400, but this still constituted a high occupancy rate of 150%.
The International Centre for Prison Studies7 shows an overall reduction in
prisoner numbers in Rwanda in the first decade of the 21st century, but it is
difficult to draw from this concrete evidence of what the paralegals achieved.
The statistics below seek to elaborate in more detail.
Paralegal activity: a year in numbers
Between October 2009 and October 2010, the following results were obtained
in Rwanda, in part due to the paralegals’ assistance:
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the permanent release of 625 detainees was facilitated through
discharge, case dismissal or release on compassionate grounds;
provisional release was obtained for 168 detainees;
369 detainees were able to enter a guilty plea;
court summons were issued for 1,055 people;
copies of 1,100 judgments were obtained so that the prisoner could
understand his/her position; and
455 appeals were lodged.
The table (Figure 1) below illustrates the impact of the paralegal programme
on a month-by-month basis. As it and the graph (Figure 2) beneath it show,
there were definite increases in the numbers of people released in October
5
Rwandan government figures, quoted in Penal Reform International, Eight Years On… A Record of Gacaca Monitoring
in Rwanda, 2010, p13 (http://www.penalreform.org/publications/eight-years-ona-record-gacaca-monitoring-rwanda)
6
Penal Reform International, Gacaca Jurisdictions and their Preparations, January 2002
(http://www.penalreform.org/publications/gacaca-research-report-no1-gacaca-juristictions-and-its-preparations-0)
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Statistics from International Centre for Prison Studies (www.prisonstudies.org), accessed 16 August 2011
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2010 compared with October 2009, as well as those who had received a court
summons; any movement in a case that had otherwise been stagnant was
seen to be a positive step, and helped towards the overall aim of reducing the
prison population.
Figure 1 – Results in prisoner cases October 2009 – October 2010
2010
2009
TOTAL
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Oct
Nov
Dec
15
26
26
55
71
27
36
41
71
45
100
67
45
0
8
16
11
20
7
1
13
9
8
28
11
36
7
0
0
0
42
35
66
34
39
29
53
33
31
120
93
87
24
51
63
55
109
191
146
Permanent
release
Provisional
release
Pleaded
guilty
Received
court
summons
Obtained
copy of
judgement
38
29
49
16
33
54
68
76
72
77
76
186
103
168
84
87
8
0
0
0
14
56
76
31
25
27
104
40
74
625
168
369
1055
1100
Lodged
appeal
455
Figure 2 – Patterns of results obtained between October 2009 and October 2010
Paralegal activity: a year in Rwanda in numbers
Released permanently
Number of detainees
250
Released provisionally
200
Pleaded guilty
150
Received court summons
100
Obtained copy of judgement
50
Lodged appeal
0
Oct- Nov Dec Jan- Feb Mar
09
10
Apr May Jun
Jul
Aug Sep Oct
Received judicial assistance
Month
IMPACT
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Prisoners improved their ability to represent themselves in court;
Prisoners understood better their rights during the trial process;
Prisoners gained increased confidence to claim their rights in the justice
system;
Tension levels in prisons decreased;
Pleas were entered to charges on a more informed basis;
Reduced use of unlawful and pre-trial detention;
Better and quicker file management;
Actors within the criminal justice system communicated better.
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The future of the paralegal scheme
Thanks to the work of PRI’s paralegals, there are a large number of exprisoners in Rwanda who are now with their families, either temporarily or
permanently. There are also a good number who know how much longer they
have to serve before release from prison. Others await their known court date
to appear before a judge. Despite the fact that it was a finite pilot paralegal
programme, the project was demonstrated to be successful, and is worthy of
being continued in the future.
_______________________________________________________________
Further information is available from the Penal Reform International website:
www.penalreform.org or by contacting PRI’s Head Office at:
First Floor, 60-62 Commercial Street
London E1 6LT
United Kingdom
Tel: +44 20 7247 6515
Email: info@penalreform.org
Acknowledgements
PRI would like to express its gratitude to the following:
The Belgian Ministry of Foreign Affairs and
The European Commission
for their generous funding for the paralegal programme
Johanne Fortin, former Regional Director of PRI’s Great Lakes office
Nick Sandars for assistance with translation
Lars Waldorf, Senior Lecturer in international human rights law at the Centre
for Applied Human Rights and York Law School
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ANNEX 1
CODE OF CONDUCT FOR PRI PARALEGALS WORKING IN PRISONS8
This Code of Conduct aimed to guide what PRI’s paralegals were expected to
do and how to do it in all their work-related activities.
THE ROLE OF THE PARALEGAL
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The paralegal's overall objective is to contribute to improving the
circumstances of detainees, particularly vulnerable groups such as
women, minors and disabled people and those suffering from HIV/AIDS.
The paralegal will contribute to securing better access to justice for
detainees, through training and awareness sessions, and interviews.
The paralegal will provide support to staff with case management and
follow-up.
The paralegal is a source of legal assistance in custodial environments
and plays an important role in the way justice is administered and
individuals are kept in custody, including promoting dignity, respect and
observance of human rights-related international instruments in force.
PROFESSIONALISM
Integrity, impartiality, respect
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The paralegal will maintain integrity by rigorously observing the
principles of justice.
The paralegal will carry out all responsibilities honestly and avoid conflict
of interest in relation to detainees; prison, police and prosecuting
authorities; courts; and members of civil society.
The paralegal must work cooperatively with prison authorities and
respect the prison’s safety and security regime, rejecting any request to
act in a way that could breach security or cause danger, and avoiding
disputes between staff and/or detainees.
The paralegal must refuse any request made by a detainee which is not
connected with the paralegal’s work.
The paralegal must encourage promotion and use of best practice in
custodial environments.
The paralegal will demonstrate courtesy at all times while engaged in
work-related activities.
The paralegal must take steps to share knowledge and experience with
colleagues, as well as others involved in the judicial and penal systems.
8
See also a version in PLC Manual: A Manual for Paralegals Conducting Paralegal Aid Clinics (PLCs) in Prison (2nd
edition, 2007) Penal Reform International, Malawi (http://www.penalreform.org/publications/plc-manual-manualparalegals-conducting-paralegal-aid-clinics-prison-0)
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CONFIDENTIALITY
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The paralegal must keep all information from prisoner files and
interviews confidential, except in cases where a detainee authorises
them to reveal that information.
The paralegal must make an advance request to examine detainees’ case
files, and can only do this in the presence of someone nominated by the
court administration and in a specially designated place.
Under no circumstances is the paralegal allowed to write in detainees’
case files, or remove any documents from them.
RESPONSIBILITIES TOWARDS THE EMPLOYER
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The paralegal will carry out all tasks they are asked to do efficiently and
with determination.
The paralegal will be careful in the way s/he uses all materials,
equipment and tools, which are for his/her use alone.
Computer equipment and vehicles used by the paralegal for work-related
activities must be locked away securely or (outside working hours) kept
at the prison to which the paralegal has been assigned.
DISCRIMINATION / HARASSMENT
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The paralegal will avoid all discrimination based on race, background,
place of origin, colour, ethnic origin, citizenship, religious belief, gender,
marital status or family circumstances.
The paralegal must not subject to sexual or any other sort of harassment
any person with whom he/she is in contact.
If a paralegal fails to conform to this Code of Conduct, disciplinary action
will be taken against him/her. A copy of the Code and related disciplinary
regulation should be attached to the contract of employment.
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ANNEX 2
This form was designed by PRI as a follow-up tool for paralegals to ensure
better management of their own records and to generally facilitate their work.
It can be adapted to the user’s particular needs and environment.
PARALEGAL FOLLOW-UP FORM
DATE : _______________________________________20____________
I.
PERSONAL INFORMATION
NAME _______________________________________________________
FIRST NAME / __________________________________________________________
PRISONER’S REGISTRATION NUMBER ______________________
SITUATION IN PRISON -BLOCK N°___________________
II.
LEGAL INFORMATION
DATE OF ISSUE MAP ____________________________________
NAME OF AUTHORITY _____________________
DATE OF ISSUE OMPD _________________________________
NAME OF AUTHORITY ______________________
JURISDICTION ____________________________________________________
FILE NUMBER __________________________________________________
OFFENCE ____________________________________________
III. FOLLOW - UP
Previous date of OMPD
extension
Reason for extension
___/___/_____
___/___/_____
___/___/_____
OTHER __________________________________________________
_____________________________________________________________________
REQUEST/APPLYING FOR PROVISIONAL RELEASE
YES ______
DATE _____________
NO _______
REQUEST/ APPLYING FOR PERMANENT RELEASE
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YES ______
DATE _________________
NO _______
APPLYING FOR WITHDRAWAL OF CHARGES
YES ______
DATE _________________
NO _______
FOLLOW-UP
YES ______
NO _______
NEXT STEPS/ACTIONS TO UNDERTAKE
_____________________________________________________________________
_____________________________________________________________________
DATE OF NEXT APPPOINTMENT ___________________ TIME __________________
IV.
ADDITIONAL COMMENTS
________________________________________________________________________________
__________________________________________________
PARALEGAL’S NAME
______________________________________
DATE
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