Posts Tagged ‘TrialWatch’

TrialWatch finds its feet in 2019

February 15, 2020

TrialWatch logo

Photo courtesy of the Clooney Foundation for Justice.

A year ago this January, I flew out of Sarajevo to join the ABA Center for Human Rights (CHR), ready to start work on CHR’s new program, TrialWatch. ….Since the TrialWatch program was new, I did not know what to expect. In Bosnia, I had dedicated the past several years to advocating for wartime victims seeking justice. Many of these men and women had spent decades pounding on the doors of institutions that had long consigned them to oblivion. As I entered the ABA lobby on my first day, I wondered what it would be like to instead focus on defendants vulnerable to abuse of their rights. What I found was that the experience and ethos of TrialWatch were uncannily similar to those of my work in Bosnia. We aim to ensure that people are not forgotten.

…..

Criminal prosecutions are one weapon in the ever-expanding arsenal of those who seek to derail human rights. Through TrialWatch, CHR sends monitors to proceedings at which they are often the only independent observers. These are remote, dilapidated courtrooms outside the capitals, places where no one would expect a monitor to show up. Our presence can make a significant difference.

In Algeria, for example, CHR sent a monitor to observe the trial of Ahmed Manseri, a human rights defender prosecuted for defamation for claiming that he had been tortured by the authorities. The monitor traveled through multiple checkpoints to reach the city of Tiaret in northern Algeria, some 300 kilometers from the capital of Algiers. The judge, aware of CHR’s interest in the case, treated Manseri differently from all others in court that day, giving Manseri’s lawyers adequate time to conduct questioning, providing Manseri himself with an opportunity to speak, spending several hours on the hearing (as opposed to the five to 15 minutes afforded other defendants), and ultimately acquitting Manseri. When we spoke to Manseri and his lawyer after the trial, they relayed that Manseri may not have gone home that day if the monitor had not been in court. This is CHR’s work: ensuring that people facing the greatest risks are not forgotten, that their voices are heard, and that relevant institutions take their experiences and claims seriously. In some cases, as in Algeria, making an appearance is just as important as the final report.

Prisoners
More than 100 defendants were convicted as part of a mass trial with respect to an alleged coup plot in Equatorial Guinea. Photo provided by the ABA Center for Human Rights.

In other cases, documentation is critical. If we do not record the abuses that occur in the courtroom, they will be lost in a labyrinthine system with no recourse for defendants. In Equatorial Guinea, CHR monitored the trial of over a hundred individuals prosecuted in connection with an alleged coup attempt. In court, our monitors observed egregious fair trial violations, such as the repeated use of confessions induced by torture, the intervention of military officials in the judicial process, and the imposition of time limits on defense questioning. The defendants were ultimately convicted—some to what were functionally life sentences.

As Equatorial Guinea is a relatively closed country—its doors wide open to oil behemoths but shut to most others—CHR was the only outside entity to send observers to the trial. The information we acquired proved helpful for embassies and other organizations tracking the proceedings. Human Rights Watch, for example, employed CHR’s report to produce a video on the trial that was widely disseminated in Equatorial Guinea via WhatsApp. Meanwhile, CHR’s report was raised before the United Nations Human Rights Committee, after which the committee condemned military interference in civilian trials. Correspondingly, defense lawyers have used the report’s conclusions in advocating for their imprisoned clients. Without the valuable data gained from simply sitting in the courtroom, these various opportunities for impact would have been lost and—again—the defendants forgotten.

 


TrialWatch followed a case in Guatemala of a human rights defender named Abelino Chub, shown here with an unidentified woman. Chub was held in pretrial detention for two years. Chub was being prosecuted on allegations he had burned down trees and fields on a plantation operated by Cobra Investments, a banana and palm company. He was ultimately acquitted. Photo provided by the ABA Center for Human Rights

The overarching goal of ensuring that defendants receive the necessary support motivates the TrialWatch team to grapple with these challenges, as do the inspiring monitors with whom we work. One of TrialWatch’s objectives is to democratize trial monitoring—to place the tools to observe trials in the hands of affected communities. Dedication and a willingness to learn are the only requirements. In a recent case, two different entities within the prosecution appeared to be at odds. One entity had withdrawn the charges, and the other seemed to still be pursuing the case. CHR’s enterprising trial monitor brought a copy of the withdrawal document across town to the latter entity’s office. The office claimed to have never seen this document—or at least to have never been directly confronted with it—and stated that it would cease work on the case. At the moment, the office no longer appears to be pursuing the charges.

In another example, a CHR monitor who is not a lawyer but passionate about press freedom issues agreed to travel to a remote province in Cambodia—a nine-hour bus ride—on Christmas day to observe the start of a trial in which two journalists were being prosecuted for incitement. Though the trial did not in fact proceed that day, the monitor was able to document valuable information, such as the judge ordering defense counsel not to contact the U.S. embassy: a troubling and noteworthy development. That my job entails working closely with these monitors—such a perseverant, diverse group of individuals—makes it all the more worthwhile.

Lastly, one of the most ironic features of trial monitoring is that there is frequently no trial to monitor. In many countries, authorities use criminal charges and detention as a punishment in itself: the trial in such cases is not of consequence. By imprisoning defendants pending trial, deferring substantive proceedings in the vein of Godot, states can avoid scrutiny while still harassing defendants and stifling their work. Through TrialWatch, we have been able to document and respond to this phenomenon.

In India, for example, CHR monitored habeas corpus proceedings brought by journalist Kishorechandra Wangkhem, who had been arrested on sedition charges for posting Facebook videos in which he criticized the ruling party. When the judge presiding over the case released Wangkhem on bail, the authorities rearrested and imprisoned him on national security grounds. CHR subsequently issued a preliminary report concluding that Wangkhem’s detention was inconsistent with international law. Soon thereafter, he was released, having spent 132 days behind bars.

Similarly, in Nigeria, CHR monitored proceedings against Omoyele Sowore, a journalist who had been charged with treason. Awaiting trial, Sowore remained imprisoned by the state security services despite the presiding court’s order to release him. Amal Clooney, the co-founder of TrialWatch, made a public statement calling for Sowore’s release, bolstering the international uproar and placing pressure on the state. Approximately a month later, Sowore was released.

Defendants languishing in detention, sometimes for years on end, are the most at risk of being forgotten. Seeing these individuals go free in part because of our work is one of the most rewarding aspects of TrialWatch. I am proud to lead the program at the ABA Center for Human Rights and look forward to my second year.

If you are interested in signing up to be a TrialWatch monitor, please fill out this form.

 

http://www.abajournal.com/news/article/volunteer-trial-monitors-are-helping-secure-human-rights-around-the-globe

Progress with the TrialWatch app of the Clooney Foundation

September 10, 2019

Illegitimate judicial proceedings are increasingly being used as a ‘rule-of-law-shield’ to fend off legitimate criticism,” says David Pressman, the Executive Director of the Clooney Foundation for Justice (CFJ). No overall system exists to monitor the fairness of trials around the world: some cases receive media attention and are well documented, whereas others are only followed by local activists. To bridge this gap, the CFJ, founded in June 2016, set up TrialWatch, an international monitoring program. Launched in April 2019, TrialWatch trains individuals in the basics of trial-monitoring, and equips them with the TrialWatch app, developed with Microsoft, to help them collect information about trials of interest in their areas. That information is then passed on to legal experts, such as international human rights lawyers, who assess it and write fairness reports. In time, this will contribute to a global justice index, ranking countries by the fairness of their legal system.

By early May 2019, TrialWatch was already monitoring 18 trials around the world, from Nigeria to Belarus, a number which the organisation wants to increase. “TrialWatch aims to solve the challenge of scaling trial-monitoring,” says Pressman. Trial-monitoring has been used by legal experts and lawyers for many years, because it increases transparency, creates a simplified record of the trial, and can facilitate reform. To make it easier to become a monitor, the CFJ developed a new set of guidelines accessible to non-experts, which were approved by the Office of the United Nations High Commissioner for Human Rights, the American Bar Association and Columbia Law School.

The TrialWatch smartphone app gives trial-monitors the tools to collect essential information, and store it securely in one place. The training that trial-monitors receive helps ensure that they record the right information, and straightforward yes/no questionnaires help them speed up collection. Within the app, trial-monitors can also take photos, shoot videos, and record audio – which is useful, given that many of the monitored trials happen in languages which aren’t widely spoken. Audio files are transcribed in the original language and then translated into English by Microsoft’s Azure Cognitive Services. All that is securely uploaded to the cloud, to be pored over by the CFJ’s legal experts.

Our hope is that TrialWatch can help expose states when they fall short,” Pressman says . “It can demonstrate the ways that states are instrumentalising the courts in an effort to legitimise human rights abuses.

https://www.wired.co.uk/article/amal-clooney-trialwatch-app

TrialWatch officially launched by Clooneys

April 25, 2019

As announced earlier this year [https://humanrightsdefenders.blog/2019/03/15/star-power-for-good-george-and-amal-clooney-at-least-try-to-tackle-controversial-issues/] on 25 April 2019 the Clooney Foundation for Justice (CFJ), together with partners Microsoft Corporation, Columbia Law School, the American Bar Association, and the Office of the United Nations High Commissioner for Human Rights (OHCHR), launched their TrialWatch® initiative at an inaugural TrialWatch Conference and launch event.

Clooney Foundation For Justice Logo

Courts around the world are increasingly being used to silence dissidents and target the vulnerable. But so far there has been no systematic response to this,” said Amal Clooney, Co-President, Clooney Foundation for Justice. “The Clooney Foundation for Justice’s TrialWatch program is a global initiative to monitor trials, expose abuses, and advocate for victims, so that injustice can be addressed, one case at a time.”

TrialWatch is an initiative focused on monitoring and responding to trials around the world that pose a high risk of human rights violations. TrialWatch aims to be the first comprehensive global program scrutinizing criminal trials around the world. CFJ will recruit and train trial monitors, including non-lawyers, who can observe and report on criminal trials around the world, and use a specialised app to record the proceedings. The Clooney Foundation for Justice will then work to expose injustice and rally support to secure justice for defendants whose rights have been violated. For each trial monitored, CFJ will work with an eminent legal expert to produce a Fairness Report assessing and grading the fairness of the trial against human rights standards, and, where necessary and possible, will be followed up with legal advocacy to assist a defendant in pursuing remedies in regional or international human rights courts. Ultimately, the data that is gathered will populate a global justice index that measures states’ performance in this area.

TrialWatch will focus on trials involving journalists, LGBTQ persons, women and girls, religious minorities, and human rights defenders. In recent months, TrialWatch monitors have observed proceedings in Africa, Asia, Europe, the Middle East, and Latin America. The cases have involved journalists being prosecuted under a wide variety of laws, including cyber laws, administrative laws, and terrorism laws, in six countries. TrialWatch has covered a trial of individuals being prosecuted under anti-LGBTQ laws in sub-Saharan Africa and proceedings involving a journalist detained under India’s National Security Act for criticizing the government on social media. TrialWatch monitors are also monitoring the trial of a lawyer in Eurasia, who is being prosecuted in connection with his work on behalf of human rights defenders and the trial of a journalist in Nigeria, who is being prosecuted for writing about internal government documents and refusing to reveal his source. Fairness reports are being produced to assess each of these trials, and many more trials will be monitored on an ongoing basis around the world.

CFJ has partnered with the Office of the United Nations High Commissioner for Human Rights (OHCHR) to develop an online training course for monitors. This course was developed by CFJ and approved by OHCHR.

——

https://finance.yahoo.com/news/clooney-foundation-justice-convenes-human-rights-leaders-mark-103100664.html?

Star power for good: George and Amal Clooney at least try to tackle controversial issues

March 15, 2019

On 16 March 2019 Belinda Goldsmith reports for the Thomson Reuters Foundation from Edinburgh how celebrity couple George and Amal Clooney say they want to use their star power to push for justice globally for women, children, LGBT+ people, religious minorities and journalists. Too many celebrities simply ignore these (controversial) issues and focus instead on less complicated charity work or – worse – serve the human rights violators by lending their name [see: https://humanrightsdefenders.blog/2019/01/31/amnesty-international-calls-on-golfers-not-to-play-the-saudi-propaganda-game/]

The couple’s Clooney Foundation for Justice, set up in 2016, plans to this year launch, TrialWatch, a project to monitor trials and create an index to track which countries are using courtrooms to oppress minorities and government critics. Amal Clooney, an international human rights lawyer, said it was important to expose injustices and the countries using courts to target vulnerable people, human rights defenders and press freedom. “We now have the highest number of journalists in jail in the world since records began,” she told a charity gala organized by the People’s Postcode Lottery in Edinburgh. [See also: https://humanrightsdefenders.blog/2015/10/16/amal-clooney-speaks-about-the-maldives-at-ai-side-event/]

The Clooneys said they were both committed to using their fame to raise awareness about human rights abuses and corruption. Amal Clooney said her job was less glamorous than it might seem as it mainly involved piling through vast amounts of paperwork but their fame could be used to their advantage. [See also: https://humanrightsdefenders.blog/2015/02/26/george-clooney-speaks-out-on-sexual-violence-in-darfur/]

Her actor husband also played down the glamor of fame, joking about being the father of one-year-old twins, but acknowledged that he had always been determined to use the public spotlight to do good. “I didn’t grow up wealthy,” he said. “If you end up getting lucky, you should share that luck.