Recent Activities

New Report from Turkey Finds Accused Lack Legal Representation
Only ten percent of criminal defendants in Istanbul are represented by a lawyer, according to a report released by the Justice Initiative and Istanbul Bilgi University in April. The report, Alone in the Courtroom: Accessibility and Impact of Criminal Legal Aid before Istanbul Courts, presents astonishing results of an empirical study of legal aid in Istanbul, including:
• Although legal aid is free, less than two percent of defendants made use of it during their trials.
• Approximately 75% of defendants who were sentenced to prison were never represented by a lawyer.
• In only 7.3% of cases were lawyers present during police interrogations of suspects.
The study, which examined more than 600 case files opened in 2000-2001 and closed before 2005 and observed 173 court hearings in Istanbul courts, is available here.

Justice Initiative Commends Ruling on Prisoners’ Rights in Kazakhstan; Calls for Investigation of Torture
The Justice Initiative in March welcomed a ruling by Kazakhstan's Constitutional Council overturning a legal provision limiting the rights of prisoners who protested against widespread torture in prison. However, the group called on Kazakhstan's authorities to ensure a thorough investigation of complaints of widespread torture. The law criminalized self-mutilation as disruptive of prison operations. Two dozen inmates had been charged with violating it after nearly 100 cut themselves to protest torture and officials' failure to address their complaints. The Justice Initiative called on Kazakhstan's government to investigate fully the prisoners' claims of torture and demonstrate that it is improving its systems for preventing, investigating, and punishing torture. Click here to learn more about the case and read the Justice Initiative’s brief.

Justice Initiative Finds Racial Discrimination in Dutch Database
In March, the Justice Initiative urged the Dutch government to end its discriminatory gathering and processing of sensitive racial and ethnic data. The government-compiled database, known as the "Reference Index of Antilleans," violates both European and international legal norms, according to the Justice Initiative. The Justice Initiative's brief argues that the use of ethnic or racial data linked to a risk profile is a form of unlawful ethnic profiling amounting to racial discrimination. Click here to learn more about the case and read the brief.

Justice Initiative Highlights Progress, Promise in Mauritania
The progress and potential of Mauritania’s year-old, democratically-elected government was examined at a March 2008 colloquium organized by the Justice Initiative. The event, which featured Mauritania’s ambassador to the United States, a Mauritanian refugee, and anti-slavery activists, explored a new law criminalizing slavery, as well as efforts to repatriate thousands of black Mauritanians who were expelled in 1989. Audio highlights from the event, as well as excerpts from “Faces of Change,” a documentary about slavery in Mauritania, are available here.

Lawsuit Seeks Greater Freedom of Expression in Sierra Leone
In March, journalists in Sierra Leone challenged laws that criminalize free speech and authorize prison terms of up to seven years for those who criticize the government. Sierra Leone's criminal libel and false news laws allow prison sentences for expression that "excite(s) disaffection" against the government or "injure(s) the reputation" of the government or individual officials. The Justice Initiative, in partnership with West African groups, provided assistance with the suit. A brief filed in the case describes the repressive effect of the laws, which can provide severe criminal penalties even for true statements and entirely peaceful expression. Click here to read more or download the brief.

New Khmer Rouge Tribunal Report Gives Updates on Five Cases, Budget Needs, More
A new report on the Extraordinary Chambers in Courts of Cambodia (ECCC) covers several major events from January and February of 2008, including:
• The beginning of civil parties' participation in the ECCC;
• The announcement of a revised budget for the court, seeking an additional $113.7 million, amid reports that the Cambodian side of the court could exhaust its budget in a matter of months; and
• The participation of investigating judges in community outreach meetings held in Pailin, the former Khmer Rouge stronghold.
The 18-page report examines recent developments in the cases of all five defendants now in the court's custody and also looks at action outside the courtroom, including expansion of the Victims Unit, which will help victims become involved in the trials. Click here to read or download the report.

Rights Groups Applaud Torture Ruling
In February 2008, the European Court of Human Rights reaffirmed the ban on deporting people to countries where they are at risk of being tortured. In Saadi v. Italy, the court ruled unanimously that no circumstances, including the threat of terrorism, can justify exposing an individual to the genuine risk of torture or ill-treatment. The Justice Initiative joined with 10 other human rights and anti-torture groups including Human Rights Watch and Amnesty International in hailing the ruling. Click here for the groups' press release or the full text of the court's judgment.

Justice Initiative Hails German Court Judgment on Religious Discrimination
In February, the Justice Initiative welcomed a judgment from Germany's Hamburg Labor Court that a Christian organization engaged in discrimination when it refused to hire a non-Christian. The case concerned a Christian charity, Diakonisches Werk Hamburg (DWK), which refused to hire a non-Christian. While DWK acknowledged that the applicant met all substantive requirements for the position, which had no religious component, DWK required the applicant to convert to Christianity before it would consider her eligible for the position. The Justice Initiative supported the plaintiff's German lawyer and will submit a brief on the plaintiff's behalf if, as expected, DWK appeals the Hamburg Labor Court judgment. Click here for more.

Rights Groups Denounce Greek Prosecutor’s Racist Statement
Human rights groups in February 2008 denounced as racist a statement by Greece's top prosecutor suggesting that certain ethnic groups are involved in crime. The Open Society Justice Initiative and Greek Helsinki Monitor reacted to a statement made by Supreme Court Prosecutor George Sanidas in December 2007. Sanidas, in describing crime in a section of Athens, singled out as perpetrators "foreign women of African and non-African origin" and "athinganoi." The latter term is a pejorative reference to Roma. Sanidas has not amended or retracted his statement in the weeks since he made it. Click here to read more.

Website Tracks Resumption of Taylor Trial
After a six month delay, the trial of former Liberian President Charles Taylor resumed in January 2008—as did coverage by the trial monitoring website, www.CharlesTaylorTrial.org. The website provides daily updates from the courtroom, as well as expert analysis and background information regarding Taylor’s trial on war crimes and crimes against humanity. With the trial taking place in The Hague, the website—established by the Justice Initiative, the International Senior Lawyers Project, and the law firm Clifford Chance—is intended to be especially valuable for audiences in West Africa. Click here to go to www.CharlesTaylorTrial.org.

In Georgia, Pilot Project Leads to National Implementation
Six months after a new law on legal aid was passed in Georgia, the government has opened seven new public defender offices (PDOs) providing free legal advice over most of the country. The project began in 2005, when the Justice Initiative and Open Society Georgia Foundation opened two pilot public defender offices to improve access to justice. The success of these offices led to passage of the new law in June 2007 and subsequent opening of the seven PDOs. The Justice Initiative continues to provide support in building the capacity of the new offices. Click here to read more about the new law and the Justice Initiative’s work on access to justice in Georgia.

Pretrial Detention Reform Advances in Mexico
A November 2007 conference organized by the Justice Initiative and its Mexican partner organization, Renace, drew over 200 participants to explore pretrial detention reform in Mexico. Participants, including the governor of Nuevo León, the president of the Supreme Court of Justice of Nuevo León, international experts, and representatives of Mexico’s federal government and several state governments, discussed fair and rational pretrial detention policies as an integral component of the larger criminal justice reforms underway in several Mexican states. Those reforms took a further step in December, when Mexico’s congress passed a bill overhauling the nation’s justice system. Among other changes, the bill calls for the creation of alternatives to pretrial detention. Click here to read more about the Justice Initiative’s work on pretrial detention reform in Mexico.

Advocates Influence Draft of World’s First Treaty on Access to Information
Since 2005, the Council of Europe (CoE) has been drafting the Convention in Access to Official Documents, which will become the world’s first treaty recognizing the public’s general right of access to government-held information. The Justice Initiative was one of three NGOs to join a drafting group that helped shape the treaty by strengthening the monitoring mechanism, expanding the definition of “official documents,” and the number of institutions covered by the treaty, and narrowing several exemptions. In June 2007, it became clear that additional points raised by the NGOs were likely to be rejected. But in November 2007 the NGOs won an interim victory when a vote on the treaty was put off in order to consider the textual problems raised by the NGOs. Click here to read more.

New Report Examines First Public Hearing at Khmer Rouge Tribunal
A 13-page report released in December by the Open Society Justice Initiative describes and assesses several recent developments at the Extraordinary Chambers in Courts of Cambodia (ECCC), the court established to try surviving leaders of the Khmer Rouge.
The developments described in the report include several major steps for the fledgling court, including:
- The ECCC's first public hearing, on the pretrial detention of Kaing Guek Eav (also known as Duch), who commanded the infamous Khmer Rouge torture center, Toul Sleng;
- The arrest of Khieu Samphan, who served as head of state during the Khmer Rouge era, following his release from hospital; and more.
Click here to download the new report.

Justice Initiative Seeks Redress for Chechens Tortured by Police
In November 2007, the Justice Initiative submitted an application with the European Court of Human Rights seeking justice on behalf of three brothers who were unlawfully detained and tortured because of their Chechen ethnicity. The Makhashev brothers were detained in the city of Nalchik in November 2004 and tortured by police who beat them into unconsciousness while shouting racist insults. Despite ample evidence and corroborating witnesses, the Nalchik prosecutor refused to take action and local courts agreed that there were no grounds for prosecution. The Justice Initiative’s application seeks a declaration that Russian authorities breached the brothers’ rights: they suffered unlawful detention, ill treatment and torture, and were denied an effective remedy by Russian courts. The application maintains that Russian authorities violated the brothers’ rights as a result of unlawful racist discrimination.
Click here to read the full application.

Peruvian High Court Urged to Disclose Officials’ Assets Declarations
The Open Society Justice Initiative intervened in November in a case before Peru's Constitutional Tribunal, urging full disclosure of the assets declarations of public officials. The case, brought by the Lima-based Press and Society Institute (IPYS), arose from the Ministry of Transportation's refusal to provide full access to the assets declarations of the minister and his deputy. This is the latest in a series of assets declaration cases, which have led to conflicting decisions by various levels of the Peruvian judiciary. The friend of the court brief filed by the Justice Initiative with Peru's highest court argues that assets declarations are an important tool of anti-corruption policies adopted by many democratic countries, enhancing accountability and the public's trust in government. Publication of the detailed declarations is essential to ensuring they are credible and effective.
The full Justice Initiative brief is available, in English or Spanish, here.

Arrests Highlight Need for Reform at Khmer Rouge Court
The arrest of two high level Khmer Rouge leaders, Ieng Sary and Ieng Thirith, marks a significant step forward for Cambodia's war crimes tribunal, the Open Society Justice Initiative said in November. But in a new report, the Justice Initiative urges the Extraordinary Chambers in the Courts of Cambodia (ECCC) to take immediate action to improve the court's functioning and calls upon donor states and the United Nations to take more assertive action to ensure that needed reform takes place. The latest arrests come in advance of the ECCC's appeal to donor states for an estimated $45 million in additional funding to ensure the trials can continue through 2010. They underscore the significant strides the court is making and why it should be supported by the international community. But in its new report, Critical Issues Surrounding the Fundraising Drive of the Extraordinary Chambers in the Courts of Cambodia, the Justice Initiative urges states to condition future funding on demonstrated results addressing administrative, transparency, and leadership problems at the court. Click here to read the full report.

Major Conclusions from the D.H. and Others v. Czech Republic Judgment
In a momentous decision for Roma across Europe, the Grand Chamber of the European Court of Human Rights, by a vote of 13 to four, ruled in November that segregating Roma students into special schools is a form of unlawful discrimination in breach of Article 14 of the European Convention (prohibiting discrimination), taken together with Article 2 of Protocol No. 1 (securing the right to education). The ruling came in D.H. and Others v. the Czech Republic, a case launched eight years ago by 18 Roma children who sought legal redress for the practice—widespread in Central and Eastern Europe—of shunting Roma students, regardless of their intellectual abilities, into "special" schools for children with learning disabilities. Click here to read the Justice Initiative’s analysis of this pathbreaking decision.

Europe’s Highest Court Finds Racial Discrimination in Czech Schools
In a landmark for minorities across Europe, the Grand Chamber of the European Court of Human Rights ruled in November that segregating Roma students into special schools is a form of unlawful discrimination that violates fundamental human rights. The ruling came in D.H. and Others v. the Czech Republic, a case in which 18 Roma children challenged the practice of shunting Roma students into "special" schools for children with learning disabilities. "The court has made clear that racial discrimination has no place in 21st century Europe," said James A. Goldston, counsel for the plaintiffs and executive director of the Open Society Justice Initiative. "Roma children must have the same access to quality education as everyone else." The decision is the culmination of an eight-year legal battle during which the plaintiffs sought legal redress for the practice of forcing Roma students—regardless of their intellectual abilities—into schools for children with learning disabilities. Click here to read more about this historic decision.

Georgia Prosecutors Study Community Prosecution in U.S.
In late October, six senior members of Georgia’s prosecution service visited the United States to observe and study innovative community prosecution programs. The visit—part of a joint Justice Initiative-Open Society Georgia Foundation effort to promote community prosecution in Georgia—took the prosecutors to Multnomah County, Oregon (the oldest community prosecution program in the country) and the Red Hook Community Justice Center in New York City, among other sites. The community prosecution approach, which emphasizes prosecutors’ partnership with and responsiveness to the communities they serve, is currently being piloted in three cities in Georgia.

Chilean Congressional Report Calls for Advertising Law Reform
In October, the Chilean Congress approved the findings of a congressional investigation on government advertising practices and called on the government to reform the sector.
A bipartisan investigative committee, established in June 2006, found serious shortcomings in the way government advertising is allocated among Chilean media and other beneficiaries. The committee's unanimous report criticized the lack of transparency in government advertising spending and expressed concern that the bulk of such spending is concentrated among a handful of national print and broadcast media. Small and regional media, in particular, find themselves largely excluded, in practice, from government ad contracts. The committee called on the government of President Michelle Bachelet to develop and present a proposal for a comprehensive reform of advertising laws and policies. The Chilean group Pro Acceso, in partnership with the Open Society Justice Initiative, provided ongoing assistance and expertise to the congressional investigation. Click here to read more.

Justice Initiative Seeks Relief for Slovenia’s "Erased" Citizens
The Open Society Justice Initiative submitted comments to the European Court of Human Rights in October, highlighting the plight of thousands of residents of Slovenia who were unjustly "erased" from the government's register of citizens in 1996. The comments were submitted in the case of Makuc and Others v. Slovenia. In the case, 11 long-term residents of Slovenia are challenging the Slovene government's stripping them of legal status. The government's action, which followed Slovenia's succession from Yugoslavia, left them no meaningful opportunity to obtain Slovene citizenship. "This is a pivotal opportunity for the European Court to rectify the Slovene government's arbitrary denial of nationality," said Robert O. Varenik, acting executive director of the Open Society Justice Initiative. "Slovenia's actions effectively rendered most of these applicants stateless, in violation of international law." Click here to read the Justice Initiative’s brief.

Justice Initiative Calls on Khmer Rouge Court to Fix Human Resource Problems
In October, the Justice Initiative welcomed the public release of a United Nations audit highlighting serious flaws in hiring and other personnel practices at the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC must immediately and credibly address these flaws if it expects donors to continue supporting the court, the Justice Initiative said. The audit, commissioned by the United Nations Development Programme (UNDP)—the UN body charged with overseeing international donor funds earmarked for the Cambodian side of the ECCC's budget—found that ECCC human resource management was inadequate by nearly every measure. Most importantly, the audit found that a significant portion of the staff hired by the Cambodian side of the ECCC did not meet the minimum job requirements defined by the court. Regrettably, the audit did not address allegations that Cambodian ECCC staff were required to kick back a percentage of their salaries in exchange for their jobs. Click here to read more.

Justice Initiative Urges Release of Khmer Rouge Court Audit
The Open Society Justice Initiative in September called for the United Nations Development Programme (UNDP) to make public the full audit report on personnel management at the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC must take this opportunity to actively demonstrate its commitment to maintaining a corruption-free court, according to the Justice Initiative. The UNDP, which oversees donor funds earmarked for the Cambodian side of the ECCC, today released a summary of the audit, which was conducted earlier this year. That summary identifies significant challenges facing the court, including serious irregularities in the hiring and evaluation of Cambodian ECCC staff. However, the summary fails to shed light on important questions about the audit, including whether (or how) auditors investigated allegations that Cambodian ECCC staff had to kick back portions of their salaries in exchange for their jobs. Only a public release of the full audit report will allow the public—and donor states—to identify which issues still need to be addressed in order to secure the integrity of the court. Click here for the full statement.

International Right to Know Day: Justice Initiative Celebrates the Global Movement’s Achievements of the Past Year
On September 28, the Justice Initiative celebrated International Right to Know Day by highlighting the past year's progress towards realizing this right around the world.
"Although the global movement experienced setbacks in 2007, the bottom line is that there have been net gains, especially in China, Latin America, and West Africa," said Sandra Coliver, the Justice Initiative's senior legal officer for freedom of information (FOI) and expression. "Even in the United States, where freedom of information has suffered under the Bush Administration, passage of the Open Government Act provides some hope." It is important to celebrate these achievements, many due in no small part to civil society members of the FOI Advocates Network and other Justice Initiative partners. Click here for an overview of FOI achievements in the past year.

New Report Provides Latest News from Khmer Rouge Tribunal
A report released in September by the Justice Initiative provides the most recent news—including the arrest of "Brother Number Two" Nuon Chea—and other updates from the Extraordinary Chambers in Courts of Cambodia (ECCC). Recent Developments at the Extraordinary Chambers in the Courts of Cambodia is the latest in a series of monthly reports offering up-to-the-minute news and analysis directly from Phnom Penh.
The 11-page report contains the latest information on the court's activities, including:
• The arrest and charging of Nuon Chea;
• Concerns over judicial independence following the appointment of Cambodian Co-Investigating Judge You Bun Leng as president of the Cambodian Court of Appeal;
• Anticipated budget shortfalls at the ECCC;
• The pressing need for the Victims Unit to begin operations;
• Concerns over the court's plans for translation and transcription services.
The September report is available here.

Justice Initiative Hails Arrest of Former Khmer Rouge Leader
The Open Society Justice Initiative in September praised the arrest of former Khmer Rouge leader Nuon Chea by the Extraordinary Chambers in the Courts of Cambodia (ECCC). Nuon Chea, known as Brother Number Two during the Khmer Rouge period, was arrested on charges of crimes against humanity and war crimes. He is the highest ranking surviving leader of the Khmer Rouge and the second former Khmer Rouge cadre to be charged by the ECCC. He is now being held in provisional detention at the ECCC compound in Phnom Penh. "The arrest of Nuon Chea is an important step forward for the ECCC," said Robert O. Varenik, acting executive director of the Open Society Justice Initiative. "The people of Cambodia have been waiting to see tangible results from the court. This arrest is a sign that progress is being made." Click here to read the full announcement.

Argentina’s Highest Court Finds Government Guilty of Indirect Censorship
In a major victory for freedom of expression advocates, Argentina's Supreme Court ruled in September that a provincial government violated the free speech rights of a newspaper by withdrawing advertising in retaliation for critical coverage. The court, in protecting the free speech rights of the newspaper Rio Negro, ruled that abusive advertising practices by the Neuquén provincial government amounted to indirect censorship. The court ordered the Neuquén government to desist from allocating future advertising funds in a discriminatory fashion and to submit, within 30 days, an ad distribution plan that complies with the principles set forth in the judgment. Indirect censorship in Argentina was the focus of the Justice Initiative’s 2005 report, Buying the News. Click here to read more about the court decision. Click here for Buying the News

Oaxaca Moves toward Use of Pretrial Release
Judges, prosecutors and defense attorneys gathered in Oaxaca in August to discuss the implementation of new reforms that allow the use of pretrial release for large numbers of prisoners. Recent changes in several Mexican states' criminal justice systems are encouraging a reduction in the use of pretrial detention, in which defendants are held in jail rather than released under bail or some other form of cautionary measure. The Justice Initiative and its Mexican partner organization, Renace, A.B.P., are assisting the government of Oaxaca in addressing the overuse of pretrial detention and exploring alternatives. Participants at the training learned about the cost of pretrial detention, international and national standards regarding its use, techniques available to make release decisions, and alternatives to pretrial detention. Click here to read more.

Justice Initiative Welcomes Mauritania’s New Anti-Slavery Law
In August, the Justice Initiative applauded the Mauritanian National Assembly's passage of a new anti-slavery bill, but noted that it contains weaknesses that could undermine enforcement efforts. The bill explicitly outlaws slavery and related practices, such as the sexual exploitation of female slaves, and provides up to 10 years in prison as the punishment for slave owners. It is estimated that there are currently 500,000 slaves in Mauritania. While lauding the bill, the Justice Initiative noted critical shortcomings and called for supplemental legislation to: recognize the problem of discrimination related to slavery; provide an individual, civil cause of action for victims of slavery and discrimination; and establish a national monitoring and enforcement body focused on slavery and discrimination. The Justice Initiative provided advice and expertise in antidiscrimination law to a coalition of Mauritanian NGOs which consulted on the bill. Click here to read more.

Chile’s Highest Court Finds a Constitutional Right of Access to Information
Chile’s highest court issued a seminal ruling in August, declaring for the first time that the right of access to government information is protected by the constitution’s guarantee of freedom of expression. The Justice Initiative intervened in the case in April 2007 by filing a friend of the court brief. The Justice Initiative’s brief argued that third party (private) information held by the state should be disclosed, unless such disclosure would clearly harm legitimate commercial interests. The Constitutional Tribunal agreed, striking down a statutory provision that granted officials excessive discretion to withhold information in the name of private interests. Click here to read more.

Transparency & Silence Available in Spanish
Transparency & Silence, the Open Society Justice Initiative’s groundbreaking comparative survey of access to information laws and practices in 14 countries, is now available in Spanish. Transparencia & Silencio documents how various countries did—or did not—honor the right of access to information. In analyzing over 1,900 requests for information filed in 14 countries, Transparencia & Silencio finds that countries with access to information laws performed better than those with no law, or with administrative provisions instead of a law. With Argentina, Chile, Mexico, Peru, and Spain among the countries studied in the book, demand for a Spanish-language translation has been high. Indeed, the Inter-American Court of Human Rights referenced the book in its landmark Claude Reyes v. Chile decision, which ruled, for the first time by any international or regional court, that access to government-held information is a fundamental human right. Click here to download the full report or order a hard copy.

New Report Gives Latest Updates on Khmer Rouge Tribunal
A new report released in August by the Justice Initiative looks closely at pressing needs and recent events—including the arrest of Kaing Guek Eav (alias Duch)—at the Extraordinary Chambers in the Courts of Cambodia (ECCC). Recent Developments at the Extraordinary Chambers in the Courts of Cambodia is the first in a series of monthly reports that will provide news and updates directly from Phnom Penh. The 10-page report contains the latest information on the court's activities, including:
• The co-prosecutors' Introductory Submission, identifying five suspects;
• Anticipated budget shortfalls at the ECCC;
• The court's lack of transcription and recording equipment;
• The need for increased witness protection measures and outreach efforts.
Click here to read or download the full report.

Symposium Highlights Plight of Thailand’s Highland People
The Justice Initiative hosted a special symposium in July titled “The Highland People of Thailand: Statelessness as a Source of Exclusion, Rights Violations, and Vulnerability to Human Trafficking.” The event, co-sponsored by UNESCO and Vital Voices Global Partnership, examined the situation of Thailand’s highland people, ethnic minorities who are denied citizenship in the country of their birth. Without legal status, highland people are considered illegal aliens in their own country, subject to arrest, deportation, and abuse, and are denied basic rights such as education, health services, land ownership, political participation, and the right to travel freely. Click here to learn more about UNESCO’s Highland Citizenship and Birth Registration Project.

Central Asian Lawyers Trained to Fight Torture
Twenty lawyers from Kazakhstan, Kyrgyzstan, and Tajikistan joined international human rights law experts in July for practical training in using litigation to combat torture.
The training offered hands-on instruction in overcoming the challenges of litigating torture cases. This is the third year the seminar, organized by the Justice Initiative, was held. Torture is widely used in Central Asia to obtain confessions and other statements admitted as evidence in criminal proceedings. The seminar focused on legal challenges in domestic courts and international bodies concerning states' failure to comply with their international obligations to prevent, investigate, and punish torture. The practical exercises at the heart of the training were developed from actual cases in Central Asia and decisions by the UN Human Rights Committee on the prohibition of torture and ill-treatment. The seminar is part of an ongoing Justice Initiative project on seeking legal remedies for torture in Central Asia. Click here to read more.

New Essay Examines Rule of Law Movement in the Age of Terror
Writing in the Spring 2007 issue of the Harvard Human Rights Journal, Open Society Justice Initiative Executive Director James A. Goldston looks at the impact of the “war on terror” on the effort to establish and consolidate the rule of law worldwide. In his brief essay “Reflections on Twenty Years in Human Rights: The Rule of Law Movement in the Age of Terror,” Goldston charts the movement's progress in the 20th century and the challenges it faces post-9/11. According to Goldston, these challenges include:
• Compensating for the loss of U.S. prestige as a leading, if imperfect, force for human rights worldwide;
• Responding to globalization's compression of time and space in ways that promote the rule of law; and
• Avoiding becoming so preoccupied with terrorism and counter-terrorism as to overlook other problems that may affect more people more often.
In spite of the difficulties currently confronting the rule of law movement, Goldston finds cause for measured optimism in the history of prior engagement with terrorist violence; the talent, depth, and policy reach of rule of law advocates and institutions; and the rule of law's ethical underpinnings in a commitment to human dignity.
Click here to read or download the full text of “Reflections on Twenty Years in Human Rights: The Rule of Law Movement in the Age of Terror.”

Call for U.S. Leadership in Combatting Statelessness
In a letter published in the International Herald Tribune in July, Justice Initiative Executive Director James A. Goldston highlights the problem of statelessness as a potential “prelude to gross human rights violations” and argues for greater efforts to combat it. Specifically, Goldston calls for U.S. ratification of two UN conventions against statelessness, increased funding for UN agencies working on the problem, and a global campaign to end statelessness. Click here to read the entire letter.

Claude Case Continues to Affect Freedom of Information Jurisprudence
In 2006, freedom of information advocates won a major victory when the Inter-American Court of Human Rights ruled in Claude Reyes and Others v. Chile that the American Convention on Human Rights gives citizens the right of access to government-held information. That decision continues to reverberate in Latin America, where civil society groups are fighting “soft censorship”—governments’ use of advertising funds to reward friendly media outlets and punish critical ones. In Argentina, Asociacion por los Derechos Civiles (ADC)—with the support of the Justice Initiative-—won an important case in July when an appeals court ruled that the government of Neuquen Province must release information about its allocation of advertising funds. The Argentine court cited the Claude ruling in finding that ADC has a right to information on the government’s advertising practices. For more about the Claude case, click here.
For more about soft censorship in Argentina, click here.

Legal Aid Law Adopted in Moldova
The Moldovan Parliament voted unanimously in July to approve a new legal aid law, taking an important step in the country's process of improving access to justice. The law significantly increases access to legal aid by guaranteeing qualified legal aid for all poor defendants, prompt access to counsel for all detained defendants, and up to one hour of primary legal aid for any person in need of legal advice. The new legal aid system will be implemented gradually over the next five years. The reform is part of a broader effort to improve the legal aid system in Moldova, begun in 2004 by the Ministry of Justice in partnership with the Soros Foundation-Moldova. The law was developed by a legal aid working group which benefited from extensive consultations with the Justice Initiative, national and international experts, and other partner organizations.
Click here to learn more.

Community Prosecution Expands in Georgia
A community prosecution project in Georgia is preparing to expand from its pilot site in Mtskheta to two new cities, Batumi and Telavi. A training held in June brought together prosecutors from those two cities, as well as senior officials from Georgia’s Office of the Prosecutor-General and prosecutors from Mtskheta to discuss principles and practices of community prosecution. The orientation training, organized by the Justice Initiative, the Open Society Georgia Foundation, and the Office of the Prosecutor-General, will help the Batumi and Telavi prosecutors implement the community prosecution approach, which emphasizes prosecutors’ partnership with and accountability to the communities they serve. The Batumi and Telavi sites are expected to begin community prosecution practices in October.

Survey Finds Widespread Torture of Pretrial Detainees
In March, the U.S. State Department released its 2006 Country Reports on Human Rights Practices. In June, the Justice Initiative’s National Criminal Justice Reform Program completed an exhaustive review of the report and found evidence that 67 percent of the countries studied engaged in torture or other mistreatment to extract confessions from pretrial detainees. (The Justice Initiative only studied the 156 counties with a population of over 1 million.) The Justice Initiative’s analysis also found that 71 percent of countries have prison systems where pretrial prisoners suffer in inhumane conditions marked by inadequate food, clean water, hygiene, and medical care. For the full State Department report, click here.

New Web Page Centralizes Information on Legal Aid
A new database of information and resources on legal aid was published on the Justice Initiative’s website in June. The new page, Database of Legal Aid Materials, collects in a single place information on: international standards of legal aid, organization and management of a legal aid system, legal aid legislation, and various models of legal aid delivery. The database also contains links to studies and research on legal aid, as well as links to other organizations working in this field.

New Report Finds Critical Needs at Khmer Rouge Tribunal
The Extraordinary Chambers in the Courts of Cambodia (ECCC) must take urgent action to address serious challenges confronting the court, according to a report released in June by the Open Society Justice Initiative. As the ECCC moves into its investigations phase, immediate steps must be taken on an array of issues, including: getting the courtrooms ready for pre-trial hearings, which are expected to start in a few months; providing protection and support to potential witnesses; making the court's operations more accessible to the Cambodian public through enhanced outreach; and instituting more transparent reporting on the court's financial and administrative operations. Without prompt attention to these and other needs, further delays will likely plague the court and erode public confidence, the report warns. The 24-page report provides recommendations to the ECCC, the United Nations, donor States, and Cambodian NGOs on steps they can take to improve the court's performance. Click here for the report.

New Legal Aid Law Adopted in Georgia
A new legal aid law was adopted in Georgia in June after an overwhelming majority in parliament voted in favor of it. The new law introduces a full-fledged model of public defenders as legal aid providers, and a quasi-independent executive agency (outside of the Ministry of Justice) to administer the system. A network of free legal advice centers is to be established throughout the country. The law calls for a gradual implementation of the system over the next two years. The Georgian government drastically increased the 2007 legal aid budget to more than 800,000 USD (from about 30,000 USD in 2005) to fund the ambitious reform plan. The new law radically changes the former system of publicly-funded legal services, which was deeply rooted in the Soviet legacy. The previous system suffered from a number of shortcomings, including: ill-defined criteria for entitlement to free legal advice and assistance; lack of clear procedures and standards for lawyers' admission into the system; and absence of an effective mechanism to monitor the quality of the services provided. As a result, free legal aid in Georgia was neither accessible, nor of high quality. The new legal aid law is part of a broader reform of the criminal justice system initiated by President Mikheil Saakashvili in 2005. The Justice Initiative and Open Society Georgia Foundation were members of Georgia's Legal Aid Reform Working Group, which developed the draft legal aid law in consultation with relevant stakeholders, experts, and civil society. Click here to read the full announcement.

Justice Initiative Hails Adoption of Rules for Khmer Rouge Trials
The quest for justice in Cambodia advanced significantly when judges for the Extraordinary Chambers in the Courts of Cambodia (ECCC) announced their agreement on internal rules to govern the court's operations, the Open Society Justice Initiative said in June. The ECCC, which has a three-year mandate to try "those most responsible" for the mass crimes of the Khmer Rouge, was stalled over the rules that will guide the court. Internal Rules of Procedure are necessary for formal judicial proceedings to go forward and to ensure the court meets minimum fair trial standards. "This agreement on the rules is a significant step forward for the ECCC," said James A. Goldston, executive director of the Open Society Justice Initiative. "Major tasks remain for the court, but today's announcement puts the Cambodian people closer to seeing justice done. The critical next step is for the rules to be released publicly."
Click here to read the full announcement.

Op-Ed: "Grant Full Citizenship to All Born in the Country"
An op-ed published by the Miami Herald and El Nuevo Herald on June 9 criticizes the Dominican Republic's plan to issue color-coded identity documents on the basis of race. Calling the proposed documents "a modern-day scarlet letter of statelessness," authors Indira Goris, program officer for the Open Society Justice Initiative, and Caroline Bettinger-Lopez, fellow at Columbia Law School's Human Rights Institute and Human Rights Clinic, focus on the tenuous position of Dominican citizens who are ethnically Haitian. The op-ed argues that the Dominican Republic's plan for a "Pink Book of Foreigners" will "exacerbate the widespread discrimination already faced by Dominicans of Haitian descent."
Click here to read the full op-ed.

Experts Examine Efforts to Reform Pretrial Detention
Criminal justice and law reform experts, including representatives of the Justice Initiative, met in Cape Town in June to examine the excessive use of pretrial detention—the practice of holding in jail suspects who are awaiting trial, rather than releasing them on bail or other surety. While acknowledging that there are proper uses of pretrial detention—such as when a suspect is a risk to flee—the experts focused on the high costs of pretrial detention. According to Martin Schönteich, senior legal officer for the Justice Initiative, these costs include lost economic productivity of those locked away, economic and psychological strains on the families of the detained, and public health costs borne by society when detainees are released, often after being exposed to infectious diseases while in jail. The Cape Town meeting looked at several efforts to reform excessive use of pretrial detention, including different approaches taken in South Africa, Malawi and Nigeria; those reform efforts will be the subject of a forthcoming issue of Justice Initiatives. The meeting was reported on by Voice of America; please visit http://www.voanews.com/english/2007-06-14-voa44.cfm to read the article or listen to the broadcast.

Executive Director Discusses Taylor Trial with Kojo NNamdi
Justice Initiative Executive Director James A. Goldston appeared on public radio’s Kojo Nnamdi Show in June to discuss Charles Taylor’s trial by the Special Court for Sierra Leone. Goldston discussed the importance of the trial and the dramatic events of its first day, when Taylor fired his lawyer and refused to appear in court. He also talked about the challenges of getting information about the trial (which takes place in The Hague) back to West Africa, and a new website—www.CharlesTaylorTrial.org—established by the Justice Initiative and other rights groups to provide daily updates and analysis from the courtroom. The Kojo Nnamdi Show is broadcast on WAMU in Washington DC; click here to listen to the interview.

Rights Groups Launch WWW.CHARLESTAYLORTRIAL.ORG
A new website, www.CharlesTaylorTrial.org, was launched in June to provide news and expert analysis—updated daily—on the war crimes trial of former Liberian president Charles Ghankay Taylor. CharlesTaylorTrial.org will feature daily updates from the courtroom, as well as analysis, background information, the trial calendar and other resources. The site is a joint project of the Open Society Institute, the Open Society Justice Initiative, and the International Senior Lawyers Project. Taylor, who is charged with 11 counts of war crimes, crimes against humanity, and serious violations of international law related to the civil conflicts in Sierra Leone, will be tried by the Special Court for Sierra Leone. His trial, which will begin on June 4 and is expected to last 18 months, will be held in The Hague at the request of the Special Court, due to concerns about political destabilization were it held in West Africa. Click here to read the full announcement.

Draft Legal Aid Law Unveiled in Kyrgyzstan
In May, the Administration of the President of Kyrgyzstan officially presented a new draft law on legal aid which, if passed, would create a national system of legal aid management and delivery in Kyrgyzstan. The new legislation would fulfill Kyrgyzstan's obligation, under international law and the national constitution, to provide effective access to justice and to guarantee free legal aid for indigent criminal defendants. The draft law limits the scope of legal aid to criminal matters at this stage, but also opens opportunities for future extension of the system to administrative and civil matters. The Open Society Justice Initiative and Soros Foundation-Kyrgyzstan provided input on the draft. The announcement is the latest step in the reform process, which the Ministry of Justice began in 2004 in partnership with Soros Foundation-Kyrgyzstan and the Open Society Justice Initiative. It is expected that the parliament of Kyrgyzstan will consider the draft law by the end of 2007. Click here to read more.

Football Brings Georgian Prosecutors Closer to the Community
A football match played in Mtskheta, Georgia and broadcast to a national television audience illustrates that prosecutors can change the way they work. The match, played in May, was the final game of a remarkable tournament that pitted prosecutors against high school students, police officers against juvenile probationers, and municipal officials against staff and juveniles of a local orphanage—all part of a community prosecution project undertaken jointly by the Open Society Justice Initiative, the Open Society Georgia Foundation, and the Office of the Prosecutor-General of Georgia. Community prosecution emphasizes community involvement in identifying crime and related problems. Key components of community prosecution are the addition of crime prevention to prosecutors' mission, and prosecutors' partnership with—and accountability to—citizens in local communities. In Georgia, where there has been a historical divide between citizens and state officials, public trust in the criminal justice system is low. This inhibits members of the public from reporting crime and testifying in court. Through the project, prosecutors in this regional center are forging closer ties with local residents, considering public needs and concerns when setting priorities, adopting a proactive approach to certain crime problems, and addressing some of the underlying causes of public insecurity. Click here to read more.

Pursuing Freedom of Expression in Cameroon
In April, the Justice Initiative asked the African Commission on Human and Peoples’ Rights to re-open the Radio Freedom FM case, following the failure of the Cameroon authorities to comply with the terms of the friendly settlement agreement. Under the settlement, registered with the Commission in April 2006, the Government agreed to grant Radio Freedom FM a provisional authorization to start broadcasting, pending the review of its license application. To date, however, no such authorization has been granted and the station remains off the air. In the same communication, the Justice Initiative, acting as counsel for the radio station, requested the adoption of provisional measures (interim relief) requiring Cameroon to allow the radio on the air while the case is pending before the Commission. Click here to read more about the Radio Freedom FM case.

Study Tour Looks at Impact of Ethnic Profiling
The Justice Initiative's STEPSS ("Strategies for Effective Police Stop and Search") project organized a study tour on ethnic profiling in April, to examine the impact of police stops and searches on ethnic minorities. The study tour brought together police officers, minority community representatives, and advocates from Bulgaria, Hungary, Spain, and the United Kingdom for a week-long review of existing practices and policies on recording and monitoring stops and searches and determining their disproportionate impact on ethnic minority communities. STEPSS is an innovative project supported by the European Commission's AGIS Programme that addresses ethnic profiling through the improvement of police training, operational and legal guidance, and the supervision of ID checks, stops and searches; the creation of a monitoring system that enhances police management and accountability of stops; an increased capacity of minority communities to participate in dialogue with the police and set local policing priorities; and the generation of replicable models of good practice that can be disseminated regionally. Click here to read more about the tour.

Executive Director Addresses European Conference on Terrorism
In April, Justice Initiative Executive Director James A. Goldston addressed the Council of Europe’s conference, “Why Terrorism? Addressing the Conditions Conducive to the Spread of Terrorism.” Critiquing the “reductionist thinking” that links terrorism to specific religions or nationalities, Goldston focused on racial, ethnic and religious profiling by police and other authorities. Noting that profiling is a form of discrimination, he stated that “profiling is ineffective in combating terrorism and may, by fostering more alienation, worsen the situation.” He went on to recommend ways in which profiling could be eliminated while enhancing police effectiveness. Click here to read the full text of his remarks.

New Chilean Constitutional Court to Decide First Case on Access to Information
The Justice Initiative filed a "friend of the court" brief in April with the Constitutional Tribunal of Chile in that court's first freedom of information case. At issue is whether the government may withhold from the public information provided by a private company, without even considering the public's interest in the publication of that information. The Valparaiso Court of Appeals asked the Constitutional Tribunal to decide whether a provision that grants Chilean public authorities broad discretion to deny requests for access to state-held information if disclosure might "significantly affect the rights or interests of third parties" violates the constitutional right of access to information. The Justice Initiative's brief argues that it does, and that third party (private) information held by the state should be disclosed, absent a clear showing of harm to legitimate commercial interests. Such harm should be weighed against the public interest in transparency. Click here to read more and download the brief in English or Spanish.

FOI Advocates Push for Bill’s Passage in Nigeria
As recently as February, the Justice Initiative and other freedom of information advocates celebrated the Nigerian Parliament’s final approval of a harmonized freedom of information bill, which was then sent to President Olusegun Obasanjo to be signed into law. However, Obasanjo has since allowed the bill to languish and it now appears that he will not sign it. The bill can still become law without his signature if two-thirds of Parliament votes in favor of it. Freedom of information advocates are now seeking to mobilize enough support in Parliament to override Obasanjo’s de facto veto. The bill, if it becomes law, will guarantee Nigerian citizens the right to access government-held information, and would make Nigeria just the fourth African state to enshrine this right in national law.

Justice Initiative Report Calls for Return of Expellees after Elections in Mauritania
After presidential elections in March that were heralded as free and fair, Mauritania has its first democratically-elected government in decades. The Justice Initiative in April produced a short report that proposes action on one of the longest-standing human rights problems of Mauritania: the situation of black Mauritanians who were expelled from the country—and their national identity cards destroyed—in 1989. The report has been circulated to the African Commission’s Special Rapporteur on Asylum Seekers, Refugees and Internally-Displaced People, who has been working with the Justice Initiative on the problem, and to other parties concerned with Mauritania’s transition to a human rights-respecting country. Since 2000, Mauritania has defied a decision of the African Commission on Human and Peoples’ Rights that called for the return of refugees, prosecution for those who perpetrated human rights violations, and compensation for victims, including action to address the continuing problem of slavery. An article and photo essay on the plight of Mauritanian expellees appeared in the February 2005 issue of Justice Initiatives; click here for that issue.

Justice Initiative Briefs World Bank Officials on Pretrial Detention Costs
Several Justice Initiative staff joined a roundtable discussion with personnel from the World Bank’s Legal Vice Presidency, Poverty Reduction, and Economic Management and Social Development sectors in March to discuss the Justice Initiative’s efforts at measuring the global scale and economic costs of pretrial detention, and making inroads through targeted, cost-effective interventions. The meeting, which sought Bank input on measurement methodology and strategies for rule of law reform, also explored whether there are opportunities for future cooperation in two core criminal justice areas: pretrial detention and legal representation for indigent defendants. Click here to see the slides used in the presentation.

Joint Statement: Urgent Action Needed on Rules for Khmer Rouge Tribunal
In a joint statement released in March, a group of human rights NGOs including the Justice Initiative urged the Extraordinary Chambers in the Courts of Cambodia (ECCC) to adopt internal rules of procedure that satisfy international standards for the holding of fair and legitimate trials. The groups called the ECCC, which will try the senior leaders and those most responsible for crimes committed during Democratic Kampuchea, “a last chance to provide justice to the Cambodian people.” Disputes over the rules have delayed the court’s progress. The groups argued for “comprehensive internal rules that satisfy international standards and thereby ensure the independence of the judiciary and the protection of the rights of victims (acting as witnesses or civil parties) and of the accused.” Click here to read the full statement.

Court Filing Highlights Suffering of Roma in Dorozhnoe
In March, the Justice Initiative filed a supplemental memorandum with the European Court of Human Rights in Bogdonavichus et al. v. Russia, a case challenging the violent and unlawful eviction of six Roma families from their homes in Dorozhnoe Village in Kaliningrad, Russia in June 2006. Based on interviews with clients in Kaliningrad in January 2007, this memorandum informs the Court of the aggravated suffering that the victims endure as a result of the trauma and homelessness caused by their evictions. Most tragically, two victims who brought their claims before the Court died as a result of deteriorated health conditions resulting from the stress of the evictions and the subsequent inhumane conditions they experienced. Forced to find temporary shelter through the winter months, members of all six of the client families have been separated from one another. Furthermore, the memorandum documents that the local government has opened the land of Dorozhnoe Village for development after having razed the Roma settlement that existed there for five decades. Only two houses in the village remained standing as of January 2007 and both of those were owned by non-Roma, reinforcing the evidence that local authorities were discriminating against the Roma inhabitants of the village in selecting their houses for destruction. The Justice Initiative also filed video evidence, jointly produced with the NGO Witness, documenting house demolitions in Dorozhnoe Village in April and May 2006. Click here to read more about the case.

Promoting Pro Bono Practices in Turkey
Istanbul Bilgi University, in cooperation with the Justice Initiative, organized a meeting in March to discuss international developments and national practices in pro bono legal work. Pro bono legal service is a nascent field in Turkey: a pilot program was introduced last summer when Istanbul Bilgi University agreed with two law firms to take clinical referrals of domestic violence and human trafficking cases. The March meeting was attended by the representatives of several leading Turkish law firms and focused on the role of the legal profession in a democratic society, legal ethics and the professional responsibility to promote social justice, filling the gaps of unmet legal needs, public interest litigation, and practical guidelines for establishing and implementing pro bono practice at a law firm.

Conference Examines Migration Law and Policy in Dominican Republic and Haiti
In March, the Justice Initiative and other NGOs convened an international conference in the Dominican Republic to look at citizenship policies and laws in Haiti, the Dominican Republic and the United States. Academics, policymakers, and practitioners from those three countries and the international community discussed challenges in addressing migration, including issues of legalization, enforcement and deportation, labor, and citizenship. During the event, participants called on the government of the Dominican Republic to reform its citizenship and nationality laws and practices in order to end pervasive discrimination against Dominicans of Haitian descent. The conference concluded with the establishment of working groups to focus on migration patterns and citizenship laws and policies in the three countries.

Legal Clinics Introduced to Lebanon’s Legal Community
In March, the Justice Initiative’s legal capacity program, in cooperation with Lebanese public interest center PINACLE, organized a three-day training in Kaslik, Lebanon, on the benefits and operation of university legal aid clinics. The presentation, attended by university teachers and practicing attorneys, focused on efforts to establish legal clinics at Holy Spirit University of Kaslik and Lebanese University. These clinics would help to reform legal education in Lebanon by providing students with opportunities to gain practical skills and experience. Following the training, a team of clinical professors and attorneys is developing clinical curriculum and draft operational guidelines for clinical students. The first pilot clinic is planned to be launched in fall 2007 at the Holy Spirit University of Kaslik.

First Clinical Legal Education Program Opens in Malaysia
Malaysia’s first clinical legal education program opened in March at the University Teknologi Mara in Kuala Lumpur. Law students at the university will be able to gain valuable first-hand experience through public service internships with NGOs and legal aid societies. The Justice Initiative provided capacity-building support to the university to help get the clinic started. Click here to read more about the Justice Initiative’s Clinical Legal Education project.

“Groundbreakers” Event Celebrates Women Leaders in International Justice
The Justice Initiative and Open Society Network Women’s Program honored women leaders in the international justice field at “Women Groundbreakers in the First international Courts,” a reception and dinner held March 8 (International Women’s Day) in The Hague. The honorees included: Louise Arbour, UN High Commissioner for Human Rights; Carla Del Ponte, Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY); Dorothee de Sampayo Garrido Nijgh, first female Registrar of ICTY; Rosalyn Higgins, first female President of the International Court of Justice; Gabrielle Kirk McDonald, first female President of the ICTY and current Iran-US Claims Tribunal Judge; Elizabeth Odio Benito, first female Vice-President of the ICTY and current International Criminal Court Judge; and Navanethem Pillay, first female President of the International Criminal Tribunal for Rwanda and current ICC Judge.

Book on Moscow Police Profiling Wins Award
A Justice Initiative book documenting ethnic profiling by police in Moscow has won an award from the Council on Foundations. Ethnic Profiling in the Moscow Metro won a 2006 Wilmer Shields Rich Award for Excellence in Communications. Click here to download or order the book.

Letter to the Editor on Corruption Changes at Khmer Rouge Court
In a letter published in the Cambodia Daily on March 7, 2007, Open Society Justice Initiative Executive Director Jim Goldston explains why the Justice Initiative was compelled to expose allegations of corruption at the Extraordinary Chambers in the Courts of Cambodia (ECCC), and why a UN investigation is in the ECCC's best interest. Click here to read the letter.

Freedom of Information Bill Advances in Nigeria
The Justice Initiative on February 22 hailed the Nigerian Parliament's final approval of a harmonized freedom of information bill and called on President Olusegun Obasanjo to sign it into law quickly. The bill, if it becomes law, will guarantee Nigerian citizens the right to access government-held information. "This is a significant moment in Nigeria's history," said Maxwell Kadiri, a staff attorney with the Justice Initiative's Abuja office. "With President Obasanjo's signature, this new law should set Nigeria on the path to more open and more accountable government." The bill has been pending in Parliament since 1999. The Nigerian House of Representatives approved one version of the bill in 2004, and the Senate unanimously approved a slightly different version in late 2006. The two versions were reconciled and adopted by the full Parliament yesterday. Now the bill requires the assent of President Obasanjo in order to become law. The Justice Initiative and other advocates expressed hope that this step would take place without delay. Click here to read the full statement.

Second Public Defender Office Launched in Ukraine
Ukraine's second pilot public defender office (PDO) was launched on February 15 in Bila Tsirkva, outside Kyiv. Lawyers from the office will help protect the rights of criminal defendants by providing free legal aid and operating a 24-hour hotline to ensure timely access to counsel for the accused. A cooperation agreement committing local police to refer cases to the PDO was signed by the Kyiv Regional Department of Police and the director of the Bila Tsirkva PDO at a launch ceremony attended by a number of senior Ukrainian officials, including the vice president of the Kyiv Bar, the president of the Bila Tsirkva Court, and representatives of the Ministry of Justice and the Kyiv Regional Police. The first Ukrainian PDO was launched in Kharkiv in July 2006. A third office is scheduled to open by the end of 2007. Click here to read more about the new PDO.

Corruption Allegations at Khmer Rouge Court Must Be Investigated Thoroughly
Corruption allegations leveled at Cambodian judges and court officials at the Extraordinary Chambers in the Courts of Cambodia (ECCC) must be investigated thoroughly, fairly, and quickly, the Open Society Justice Initiative said in a statement released February 14. Serious allegations that Cambodian court personnel, including judges, must kick back a significant percentage of their wages to Cambodian government officials in exchange for their positions on the court are undermining the credibility of the ECCC. The alleged entanglement of money, political favors, government officials, and judicial officers heightens fears that the Cambodian judges are subject to government interference and cannot act independently. These allegations, if proven, would severely undercut the legitimacy of the ECCC, the court established to try senior leaders and those most responsible for the crimes of the Khmer Rouge. "Donors, the international community, and the Cambodian people have the right to know that money entrusted to the ECCC is being spent transparently and honestly," said James A. Goldston, executive director of the Open Society Justice Initiative. "If these allegations of corruption are confirmed, it would strip the ECCC of its integrity and undermine its ability to provide accountability for mass crimes." Click here to read the full announcement.

UN Experts Urge States to Ban Ethnic Profiling
A UN human rights group called for a ban on racial profiling by police and other law enforcement, condemning the practice as both ineffective and a human rights violation. The United Nations Working Group of Experts on People of African Descent concluded a weeklong meeting on February 2 with the recommendation that governments “adopt explicit legislative provisions banning racial profiling.” The group heard expert testimony from the Justice Initiative that racial profiling violates human rights norms, seriously damages police relations with minority communities and alienates people whose cooperation is needed to fight crime and terrorism. The Justice Initiative stressed that racial profiling is an ineffective law enforcement technique that does not reduce crime or increase security. Click here to read a Reuters article about the group’s recommendations.

Clinical Legal Education Training Materials Available Online
Curriculum materials on how to teach clinical legal education (CLE) and street law, and how to operate a university-based clinic, were added to the Justice Initiative’s website in January. The materials were developed for the First Southeast Asian Clinical Teacher Training workshop, in which faculty from law schools in seven Southeast Asian nations met from January 30 to February 3 in Manila for specialized training in teaching CLE. The training materials cover a range of topics, from the general (e.g. an overview of the CLE field) to the specific (e.g. how to teach negotiation and mediation skills). Case studies are used throughout to illustrate the lessons. “Although these materials were developed for a Southeast Asian audience, they can be used in other contexts as well,” said Mariana Berbec-Rostas, the Justice Initiative’s junior legal officer for Legal Capacity Development. “Anyone who wants to learn about clinical legal education methodology or how to teach students in a CLE program can benefit.” Click here to access the training materials.

Urgent Action Needed on Rules for Khmer Rouge Tribunal
Urgent action is needed to ensure the timely adoption of rules to govern the Extraordinary Chambers in the Courts of Cambodia (ECCC), the Justice Initiative said on January 29. Last week's reported progress is welcome, but concerns about delays and political interference at the court must be addressed quickly, the group said. A Review Committee of nine judges from the ECCC—the court charged with prosecuting the senior leaders and those most responsible for the crimes of the Khmer Rouge—met last week to clarify the internal rules that will govern the court. While this Review Committee settled many outstanding questions, significant issues remain which could affect the court's ability to meet international standards, including the full and independent participation of international defense counsel. Concerns about political interference in the process continue to stoke fears that Cambodian judges may not be free to exercise independent judgment. Click here to read the full Justice Initiative announcement.

Public Defenders from Seven Nations Gather for Training
Over 30 public defenders from seven countries gathered in Cheltenham, England for a workshop on improving public defense services. The First Regional Workshop on Public Defense brought together public defenders from Bulgaria, Georgia, Kazakhstan, Lithuania, Moldova, Mongolia and Ukraine. The January 24-27 training was organized by the Justice Initiative, in cooperation with the Public Defender Service of the Legal Services Commission of England and Wales. The workshop addressed both substantive issues of criminal defense, as well as the organizational aspects of operating a public defender office. The Cheltenham workshop was the first to bring together public defenders from all the countries where the Justice Initiative’s legal aid program operates. Click here for more information on the training.

Europe’s Highest Court Hears Oral Arguments in Landmark Segregation Case
The Grand Chamber of the European Court of Human Rights heard oral arguments on January 17 in D.H. and Others v. the Czech Republic. The case is the first challenge at the European level to the practice of educational discrimination—widespread throughout Central and South East Europe—in which Roma children are routinely placed in schools for the mentally disabled, regardless of their actual intellectual abilities. The applicants, 18 Roma children forced to attend racially segregated schools in the Czech Republic, are being represented by the Justice Initiative and the European Roma Rights Centre. Click here to learn more about the case and read case documents.

Justice Initiative Files Amicus Brief in Genocide Case
In January 2007, the Justice Initiative submitted an amicus brief to the Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR), in the case of Ferdinand Nahimana, Jean-Bosco Barayagwize and Hassan Ngeze v. The Prosecutor. The ICTR’s Trial Chamber found in 2003 that Nahimana, Barayagwize and Ngeze were guilty of crimes related to the Rwandan genocide, including using the media for the direct and public incitement to commit genocide. The brief, which was co-signed by 11 other NGOs, made clear that amici shared the view of the Trial Chamber that there was sufficient evidence to convict the defendants of serious crimes, including in particular the crime of direct and public incitement to commit genocide as it relates to relevant broadcasts of Radio Télévision des Mille Collines. But it noted that some portions of the Trial Chamber's legal reasoning present a potential threat to expression which is protected under international law while others transform—or could be interpreted to transform—into an international crime speech that international law allows, but does not require, States to proscribe under carefully defined circumstances in domestic law. These portions of the decision could potentially provide cover for the suppression of legitimate dissent through overly broad restrictions on hate speech and incitement, and, amici urged, should be modified or clarified on appeal to ensure that the aims of international justice are fulfilled without undermining protection of free expression. The Appeals Chamber accepted the brief and is expected to issue its ruling later this year. Click here to read the brief.

Joint Letter to Ban Ki-moon
On December 21, the Open Society Justice Initiative joined several other leading NGOs in signing a letter to UN Secretary-General Ban Ki-moon. The letter urged the new Secretary-General to renew and strengthen the mandate of the Special Advisor to the Secretary-General for the Prevention of Genocide. The letter noted the international community’s continued failure to prevent genocide and called for a new effort against genocide and crimes against humanity. Click here to read the letter.

Justice Initiative Featured on PBS “NewsHour”
The December 18 broadcast of PBS’s national news program, “NewsHour with Jim Lehrer,” featured a story on the Extraordinary Chambers in the Courts of Cambodia that includes commentary from the Justice Initiative’s Heather Ryan. The segment provides an overview of the court’s responsibilities, with an emphasis on the many challenges it faces. To listen to the story, cut and paste this address into your web browser: http://www-tc.pbs.org/newshour/rss/media/2006/12/18/20061218_justice28.mp3.

Police Reform Advocates Focus on West Africa
Advocates from senior levels of police services, police oversight bodies, governments, academia, and civil society met in Abuja, Nigeria from December 11-13 at a regional conference on police reform in West Africa. Over 80 participants from 18 African nations attended the conference, which was organized by the Justice Initiative in collaboration with the CLEEN Foundation, the Africa Police Civilian Oversight Forum, and the Centre for Development Studies of the University of Jos, Nigeria, with funding support from the Open Society Initiative for West Africa and Ford Foundation. Conference participants examined different aspects of police recruitment and personnel practices, infrastructure and communications needs, legal frameworks, internal disciplinary and oversight mechanisms, and reforms in the different contexts of West Africa. In particular, participants considered policing needs in West African countries involved in or emerging from conflicts, including Côte d’Ivoire, Liberia, and Sierra Leone. Participants at the conference resolved to establish a West African Police Reform Network to collect and disseminate information on police reform initiatives in West Africa. CLEEN Foundation will act as interim host for the network.

Experts Examine Government Advertising in Chile
In December, the Justice Initiative and Chilean partner NGO Proacceso organized an experts’ visit to Chile to look at the government’s advertising policy and possible use of advertising funds to influence media coverage. The team of experts, which included Eduardo Bertoni, a former OAS special rapporteur for freedom of expression, and representatives of the Justice Initiative and partner organizations, made formal presentations to a hearing of the congressional commission that is investigating government advertising practices, and participated in a public seminar on the topic. Discussions with individual members of Congress and others brought to light new allegations that certain state companies appear to be using their advertising leverage to silence media criticism. The Justice Initiative is currently investigating and documenting forms of “soft censorship” in Latin America, including Chile. Click here for the Justice Initiative’s book on soft censorship in Argentina.

Juvenile Justice Reform Advances in Kazakhstan
Following the completion of a Justice Initiative-led pilot project to reform juvenile justice in Kazakhstan, the chair of the country’s Supreme Court declared that the project’s reforms should be implemented throughout the country. The announcement came at a December meeting on the reform effort, which included representatives of the Bar Association of Kazakhstan and government agencies involved in administering justice for juveniles. Meeting participants heard presentations on the project’s results from judges in the pilot districts and international experts. Noting that the project improved justice for juveniles, the chair of the Supreme Court called for creation of a nationwide juvenile justice system that includes specially trained police, prosecutors, judges, attorneys and social workers. Meeting attendees agreed to create a network of Rights Implementation Monitoring Boards to track implementation of the new system.

Experts Discuss Pretrial Detention Reform
On 7 December, the Open Society Justice Initiative convened a group of experts to discuss the state of knowledge in the field of pretrial detention and the repertoire of international advice and assistance that is available to governments and non-governmental organizations interested in pretrial detention reform. The invited experts also helped refine the findings and recommendations emanating from a series of seven case studies of pretrial detention reform commissioned by the Justice Initiative (and to be published in early 2007), and discussed ways of increasing global awareness, expertise, and resources brought to bear on pretrial detention reform.

Ukraine Public Defender Office Promotes Rights of the Accused
A newly opened public defender office in Kharkiv, Ukraine recorded a major success in December when it received assurances from local police that they will follow a regional agreement establishing new protections for people accused of committing crimes. The office, which commenced operation in July, provides free, high quality legal representation to people charged with crimes but unable to afford a lawyer. The agreement, memorialized in a televised signing ceremony on September 19 with Regional Director of Police I.V. Repeshko and the public defender office, guaranteed several new protections for accused persons, including:
- Access to a lawyer from the public defender office before the accused is interviewed by police;
- A private room where the accused and his/her lawyer can meet privately; and
- Permission for the lawyer to visit the accused in jail as often as needed for the duration of the proceedings.
With local police pledging support, the prospects of police cooperation with the pilot office are greatly enhanced. The public defender office, currently staffed by five lawyers, is a joint project of the International Renaissance Foundation, the Ukraine Ministry of Justice, and the Justice Initiative.

Human Rights and Terrorism
A set of Principles on Human Rights and Terrorism which the Justice Initiative helped to draft were finalized in November and will be published in a book by the University of Ottawa. The Justice Initiative contributed in particular to principles on access to information, privacy protections on the release and sharing of information by and among governments, incitement to terrorist acts, and racial profiling. Other contributors included NGOs, experts from the UN, law schools, universities and governments. The principles can be found online at www.rightsandterrorism.ca.

"Holes in the Rights Framework" Examines Citizenship and Human Rights
In an article published in the Fall 2006 issue of the Carnegie Council’s Ethics & International Affairs, Justice Initiative Executive Director James A. Goldston looks at the "importance of citizenship in making effective the promise of fundamental human rights protection." Noting that approximately 175 million people worldwide are not citizens of the countries in which they live, Goldston examines arbitrary denial of citizenship and discrimination against noncitizens, and the role that international human rights law can play in improving their situation. To read the complete article, click here.

Khmer Rouge Court Session Highlights Need for More Active International Engagement
In a statement released November 28, the Justice Initiative, noted that judges in the Extraordinary Chambers in the Courts of Cambodia recently failed to reach agreement on the procedural rules that will govern the trials of senior leaders and those most responsible for the crimes of the Khmer Rouge. Calling the failure "disappointing but not surprising," the Justice Initiative called for greater international engagement with and support for the court, especially in facilitating judicial leadership. Click here to read the complete statement.

North African Lawyers Discuss Litigating before the African Commission on Human and Peoples’ Rights
Human rights lawyers from Algeria, Egypt, Libya, Mauritania, Sudan, and Tunisia convened on November 6-8 in Cairo for a workshop to promote litigation before the African Commission on Human and Peoples’ Rights. The workshop opened with a public seminar commemorating the 25th Anniversary of the African Human Rights Protection System and continued with two days of intensive sessions covering substantive and procedural guidance on bringing cases before the African Commission. The Justice Initiative co-organized the event with the Egyptian Initiative for Personal Rights, the American University in Cairo, and INTERIGHTS.

Justice Initiative Lauds Adoption of Freedom of Information Bill by Nigerian Senate
On November 16, the Justice Initiative hailed the Nigerian Senate’s approval of a freedom of information bill and urged the Senate and House to quickly harmonize their legislation so it could be presented to President Olusegun Obasanjo for his signature. If the bill becomes law, Nigeria will become just the fourth African country with a freedom of information law, following South Africa, Uganda and Angola. “This is an important step for Nigeria,” said Maxwell Kadiri, junior legal officer in the Justice Initiative’s Abuja office. “If and when the bill becomes law, it will further government transparency and increase public participation in the democratic process.” The bill’s adoption is a significant victory for Nigeria’s freedom of information advocates who have championed its passage for over six years. The Justice Initiative worked with Nigerian partners to critique the various draft laws, build civil society support, and educate legislators on the benefits of a robust law.

Council of Europe Urged to Recognize Broad Right of Access to Information
Three leading freedom of information organizations called on the Council of Europe to ensure that its treaty on access to official documents provides a robust safeguard of the right to government-held information. On November 15, Access Info Europe, ARTICLE 19 and the Justice Initiative presented a joint briefing to the Group of Specialists which is preparing the treaty, noting that the working draft in several respects sets a lower standard than the practice of most countries in the region. The briefing, based on a survey of access to information laws of 26 Council of Europe Member States, can be downloaded at http://www.access-info.org/ or http://www.article19.org/publications/law/legal-analyses.html.

Promoting Legal Clinics in the Middle East
On November 8-9, 2006, the Justice Initiative held a regional training in Istanbul on the challenges, methods, and lessons of clinical legal education for law professors, advocates and faculty from Lebanon, Afghanistan and Tajikistan. The meeting, organized in cooperation with the Bilgi University Legal Clinic and with the financial support from OSI’s Middle East/North Africa program, focused on the mission, objectives, and components of clinical legal education methodology, as well as the operational challenges and strategies for establishing and running university legal aid or community empowerment clinics. The International Legal Foundation (ILF) in cooperation with Justice Initiative launched the first criminal defense clinic at Herat University in Afghanistan that began with student internships at ILF’s legal aid center in December.

European Court Case Seeks Justice for Violently Evicted Roma in Russia
In a major legal challenge to human rights violations against Roma in Russia, the Justice Initiative submitted an application to the European Court of Human Rights on November 3, on behalf of Roma victims of the violent, unlawful and racially-motivated destruction of the village of Dorozhnoe, Kaliningrad. During the week of May 29 through June 2, 2006, special police forces and Russian government officials bulldozed the victims’ houses and set fire to their possessions. In carrying out the forced evictions, the authorities menaced the victims with machine guns and shouted racist remarks, such as “You the Gypsies – get out of our land.” Click here to read more, including the full text of the application.

First Community Prosecution Training Held in Georgia
Prosecutors in Georgia participated in the country's first training on community prosecution, meant to help them become more effective by being responsive to the communities they represent. The training, held November 1-2, was organized by the Justice Initiative and the Open Society Georgia Foundation (OSGF), in collaboration with the Office of the Prosecutor-General of Georgia. The training is an important element of a two year Justice Initiative-OSGF project to develop community prosecution in Georgia, increasing both the public accountability of prosecutors and their ability to combat certain forms of crime and public insecurity. The project is training prosecutors to forge closer ties with local communities and be more responsive to local needs, with the goal of increasing the public's trust in the prosecution service and the criminal justice system as a whole. Originating in the United States, community prosecution is a growing movement in countries as diverse as Chile, South Africa and the Netherlands. The training is part of a community prosecution pilot project in the Mtskheta district of Georgia, located 30 km. north of the capital, Tbilisi. If successful, the Mtskheta pilot project will be replicated in other parts of Georgia.

Mexico Plans Its First Pretrial Services Agency
Mexican officials gathered in early November to plan the country's first pretrial services agency, a major step in reforming Mexico's use of pretrial detention. Recent changes in Mexico's criminal justice system are leading states to reform their use of pretrial detention, in which defendants are held in jail rather than released under bail or some other form of cautionary measure. At the invitation of the attorney general of Chihuahua, the Justice Initiative and its Mexican partner organization, Renace, A.B.P., are helping the state government of Chihuahua establish a pilot pretrial services agency in the state capitol. The agency is expected to: evaluate individual defendants based on transparent and accurate criteria; provide impartial information to judicial officers to help them determine whether a defendant should be released or detained; and provide an array of supervision services for defendants who would otherwise not be released while awaiting trial. The November meeting was part of a larger Justice Initiative project on pretrial detention in Mexico, which seeks to promote the presumption of innocence and reduce the use of unnecessary pretrial detention.

Best Practices Workshop for ECCC Staff
At the request of Prosecutor Robert Petit, the Justice Initiative held a workshop on best practices and international law for members of the Extraordinary Chambers in the Courts of Cambodia (ECCC), the court that will try those responsible for Cambodia’s “killing fields.” Held on Oct. 23-27 in Phnom Penh, the workshop featured American University professor of international law and Justice Initiative board member Diane Orentlicher, Justice Initiative Senior Legal Officer Kelly Askin, several scholars of international law and veteran staff from other international tribunals.

Op-ed: “The Secret Policeman’s Fall”
In an op-ed published by the Guardian on Oct. 26, Romania’s Minister of Justice Monica Macovei cited the Justice Initiative’s new report, Transparency & Silence, in arguing that access to government held information is a cornerstone of democracy. Macovei links Romania’s strong commitment to freedom of information—documented in Transparency & Silence—with its progress toward European Union membership. To read the full op-ed, click here

World Bank Awards Grant to Pioneering African Paralegal NGO
The groundbreaking non-governmental organization Timap for Justice received a three year, $879,000 grant on October 24 from the World Bank to provide justice services in Sierra Leone, one of the world's poorest countries. Timap for Justice, co-founded by the Open Society Justice Initiative and the Sierra Leonean National Forum for Human Rights, is a pioneering organization training and deploying paralegals in the country's rural areas. In a nation with five million people and only 100 lawyers, the need for their services is acute. A new publication from the Justice Initiative, Between Law and Society: Paralegals and the Provision of Primary Justice Services in Sierra Leone, focuses on Timap, highlighting cases which include a man cheated by a corrupt local chief and a woman accused of being a witch. Click here to download the publication.

Op-Ed: “Grant Citizenship to All Native Born”
In an op-ed published by the Miami Herald on Oct. 24, James A. Goldston and Indira Goris of the Justice Initiative decry the Dominican Republic’s treatment of its citizens of Haitian descent. Citing a landmark judgment by the Inter-American Court of Human Rights that the Dominican government illegally denies citizenship to children of Haitian descent, the authors argue that the US and Organization of American States must be more involved in promoting and enforcing the right to citizenship. To read the full op-ed, click here.

Justice Initiative Intervenes in Armenian FOI Suit
On October 16, the Justice Initiative filed written comments with the European Court of Human Rights in a freedom of information case against Armenia. The case, Geraguyn Khorhurd Patgamavorakan Akumb v. Armenia, involves the alleged failure of an Armenian election authority to provide information on its decision making processes, as well as data pertaining to the campaign contributions and expenses of certain political parties. The Justice Initiative was granted leave by the Court to intervene as a third party in the case and submit comments on the general principles involved. The brief argues that the existence of a right to information is well established in European and international law, and urges the Court to find that Article 10 of the European Convention on Human Rights establishes a right of access to information held by public authorities. The brief also elaborates on the close links between access to information, free expression and political participation. Click here to read the brief.

Spreading Good Practices from South Africa to Indonesia
Six law professors from Indonesia visited South Africa from Oct. 14 to 21 to study promising practices there for possible replication in Indonesia. The study tour, organized by the Justice Initiative, focused on the development and management of street law clinics and community based paralegal programs.

International Tribunal Makes Landmark Ruling on Access to Information
In a decision released Oct. 11, the Inter-American Court of Human Rights broke new ground in declaring that all people have a general right of access to government-held information. The Court’s pioneering ruling in the case Marcel Claude Reyes and Others v. Chile marks the first time an international tribunal has confirmed the existence of a full right of access to information held by government and other public bodies. In Reyes, the Court was interpreting Article 13 of the American Convention on Human Rights, as it applied to government denial of requests for information. In its decision, the Court referred specifically to a new Justice Initiative publication, Transparency & Silence, which compares freedom of information laws and practices in 14 countries, including Chile. Click here to read more.

Justice Initiative Briefs European Parliament on Ethnic Profiling
On Oct. 11, the Justice Initiative briefed members of the European Parliament on ethnic profiling by police in Bulgaria, Hungary and Spain. Based on the Justice Initiative’s qualitative and quantitative research, the briefing showed that in all three countries, there are clear disparities between ethnic minorities and majority populations in their experiences with police. Specifically, the Justice Initiative’s research demonstrates that in Bulgaria and Hungary, Roma pedestrians are not only more likely to be stopped and searched by police, they are also more likely to be verbally and physically abused by them. In Spain, ethnic minorities, including Roma and immigrants, feel they are targeted by police more than non-minorities. The event was co-sponsored by Baroness Sarah Ludford, MEP, and the European Network Against Racism (ENAR), whose director, Pascale Charhon, presented their 2005 shadow report. Ivan Ivanov of the European Roma Information Office (ERIO) and Chief Inspector Anthony Enoch, head of the London Metropolitan Police stop and search team commented on the research.
A full report, “I Can Stop and Search Whoever I Want”: Police Stops of Ethnic Minorities in Bulgaria, Hungary and Spain, will be released by the Justice Initiative later this year. Click here to order the book.

Justice Initiative Highlights Priorities for Khmer Rouge Tribunal
On October 4, the Open Society Justice Initiative released a summary of urgent needs at the Extraordinary Chambers in the Courts of Cambodia (ECCC), the court that will try those most responsible for Cambodia’s “killing fields.” In a public memo, the Justice Initiative urged the Group of Interested States (GIS)—a coalition of nations assisting the ECCC—to act swiftly in addressing emerging problems. Among other issues, the memo highlights the needs for the GIS to address budget shortfalls, ensure judges are convened immediately to adopt clear internal regulations, and develop independent investigative resources at the court. Click here for the complete memo.

Justice Initiative Briefs Human Rights Commisioner on Racism in Russia
On October 3 in Strasbourg, the Open Society Justice Initiative and the European Roma Rights Centre joined Council of Europe Commissioner for Human Rights Thomas Hammarberg for a panel discussion for members of the Parliamentary Assembly of the Council of Europe (PACE) and other interested actors on "Racism in Russia: A Growing Problem, a Lack of Official Response." The meeting focused on the alarming increase in racially motivated violence and systemic racial discrimination—particularly against Roma—in Russia today, and the failure of Russian authorities to respond adequately. The groups also offered recommendations for the Council of Europe and NGOs to stem this dangerous trend. Click here for the Justice Initiative's report on ethnic profiling by police in Moscow.

Reforming Libel Laws in Costa Rica
In October, Justice Initiative staff and Eduardo Bertoni, the former Organization of American States special rapporteur for freedom of _expression, met with senior legislators and government officials in Costa Rica to discuss the country’s defamation law reform process. The visit, coordinated by the Institute for Freedom of _Expression and the Press, included seminars with legislative staff, journalists and judicial school trainees. The Justice Initiative has promoted reform of the country’s criminal libel laws since the landmark Inter-American Court decision against Costa Rica in the Herrera Ulloa libel case (2004), in which the Justice Initiative filed an amicus” brief. Click here to read more about the Herrera Ulloa case.

New Study on Access to Information Finds Young Democracies Outperform Established Ones
A comparative study of access to information in 14 countries finds that transitional democracies outperformed established ones in providing information about government activities. Bulgaria, Romania, Armenia, Mexico and Peru did better in answering citizens’ requests for information than France or Spain. The book, Transparency & Silence, published September 28 by the Justice Initiative, documents how various countries did—and did not—honor the right of access to information. Click here to order the book or download the PDF

Justice Initiative Moderates Statelessness Panel at UNHCR
On September 28, at the invitation of the Office of the High Commissioner for Refugees, the Justice Initiative moderated a panel on statelessness at a preparatory session of UNHCR’s executive committee. The panel, held in Geneva, was attended by senior representatives from UNHCR and the Office of the High Commissioner for Human Rights, as well as numerous NGOs.

Public Defender Office Launched in Ukraine
The Justice Initiative’s project to reform the legal aid system in Ukraine took a major step forward in September with the official opening of a pilot public defender office in Kharkov—the first pilot office opened by the project. A joint initiative of the International Renaissance Foundation, the Ukraine Ministry of Justice and the Justice Initiative, the project is establishing a sustainable legal aid system throughout Ukraine that ensures access to justice for all indigent defendants. A second pilot public defender office is expected to open in Kiev by the end of the year.

Workshop on Freedom of Information in Africa
The Justice Initiative and Media Rights Agenda organized a workshop for African freedom of information advocates on September 22-23. Participants from 13 nations met in Lagos to discuss key elements of good FOI laws, strategies for implementation, and the use of strategic litigation. The advocates also committed to establishing the FOI Center for Africa.

UN Committee Chair Calls for Adoption of Justice Initiative Practices in Kazakhstan
Jacob Doek, chairman of the UN Committee on the Rights of the Child, called on the Kazakhstan government to adopt new juvenile justice practices introduced by the Justice Initiative. During a visit to Almaty in September, the chairman cited the Justice Initiative’s work in a pilot project to reform juvenile justice and said the changes should be put into practice nationwide. At the same time, the Almaty City Bar Association approved a proposal to open a juvenile defense service as a division of the bar association. The bar is expected to sign an agreement with the city police under which the new juvenile defense service will arrange for counsel in all criminal cases involving juveniles.

Groundbreaking Lawsuit Challenges Racial Profiling by Police
In the first-ever legal challenge to racial profiling filed with an international human rights tribunal, the Justice Initiative and two other groups submitted an application to the United Nations Human Rights Committee, seeking to halt racial profiling by police. Racial profiling is a growing problem in many European countries and the application asks the Committee to rule that race may not be used as a criterion in police stops. More

Member of European Parliament Cites Justice Initiative’s Anti-Profiling Research
Member of the European Parliament Claude Moraes (UK) cites research conducted by the Open Society Justice Initiative to argue against racial profiling. In a column published August 17 in the Guardian, Moraes points out that ethnic profiling by police is ineffective at best and counterproductive at worst, in addition to being patently unjust.
To read Moraes’s column, click here
For the Justice Initiative’s research on profiling, click here
And for an examination of profiling and its ineffectiveness in a specific context, click here

Click here for the Open Society Justice Initiative Activities Roundup May - July 2006

Click here for the Open Society Justice Initiative Activities Roundup, January - April 2006

Click here for the Open Society Justice Initiative Activities Roundup, August - December 2005

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