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good governance practices for the protection of human rights

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<strong>of</strong> law conducted by representatives <strong>of</strong> <strong>the</strong> criminal justice system and <strong>the</strong> NGOs<br />

sponsoring <strong>the</strong> programme. The paralegals must have completed secondary education<br />

and be aged 20 to 40. Nearly half <strong>of</strong> <strong>the</strong>m are women. The four NGOs<br />

sponsoring <strong>the</strong> programme coordinate <strong>the</strong>ir work. There is also an advisory<br />

council, which receives regular progress reports and advises <strong>the</strong> paralegals.<br />

Implementation<br />

In its ef<strong>for</strong>ts to streng<strong>the</strong>n <strong>the</strong> capacity <strong>of</strong> <strong>the</strong> justice system and empower<br />

<strong>rights</strong>-holders, PAS engages in a number <strong>of</strong> activities. First, paralegals assist in<br />

<strong>the</strong> processing <strong>of</strong> suspects in police stations. For young <strong>of</strong>fenders <strong>the</strong>y suggest<br />

alternatives to prosecutors in cases <strong>of</strong> first or minor <strong>of</strong>fences or if <strong>the</strong> person<br />

admits fault. In addition to speeding up <strong>the</strong> processing <strong>of</strong> cases, <strong>the</strong> presence <strong>of</strong><br />

PAS paralegals in <strong>the</strong> police stations while juvenile suspects are interviewed is<br />

intended to deter torture and cruel, in<strong>human</strong> and degrading treatment <strong>of</strong> suspects<br />

in police cells.<br />

PAS paralegals also screen prisoners to ensure that those held unlawfully or inappropriately<br />

are brought to <strong>the</strong> attention <strong>of</strong> <strong>the</strong> authorities. The paralegals compile<br />

case lists and refer <strong>the</strong> individual cases to <strong>the</strong> courts or <strong>the</strong> police. They follow<br />

up each individual case until <strong>the</strong> person is released, convicted or sentenced.<br />

Through this work, PAS improves <strong>the</strong> links among <strong>the</strong> various components <strong>of</strong> <strong>the</strong><br />

criminal justice system, and facilitates communication and coordination among<br />

<strong>the</strong> prisons, <strong>the</strong> courts and <strong>the</strong> police.<br />

Second, PAS works to improve <strong>the</strong> legal literacy <strong>of</strong> prisoners through its daily<br />

paralegal aid clinics <strong>for</strong> remand prisoners. The clinics emphasize self-help so that<br />

prisoners learn how to apply <strong>for</strong> bail, make a plea in mitigation, conduct <strong>the</strong>ir<br />

own defence and cross-examine witnesses.<br />

Third, PAS <strong>of</strong>fers legal advice and assistance to remand prisoners who have<br />

overstayed or are being held unlawfully or inappropriately. Priority is given to<br />

vulnerable groups, such as women, mo<strong>the</strong>rs with babies, juveniles, <strong>for</strong>eign nationals,<br />

<strong>the</strong> mentally and terminally ill, and <strong>the</strong> elderly. Paralegals assist prisoners<br />

to fill in standardized bail <strong>for</strong>ms agreed with <strong>the</strong> judiciary, which paralegals <strong>the</strong>n<br />

lodge with <strong>the</strong> appropriate court. Convicted prisoners are assisted in <strong>the</strong>ir appeals<br />

against sentences and in ensuring that sentences passed by <strong>the</strong> lower court<br />

are confirmed by <strong>the</strong> High Court.<br />

Paralegals have also assisted <strong>the</strong> work <strong>of</strong> <strong>the</strong> criminal justice system in o<strong>the</strong>r<br />

ways. They have observed 91 homicide cases and published a report to in<strong>for</strong>m<br />

debate on <strong>the</strong> quality <strong>of</strong> justice delivered. They also called attention to <strong>the</strong> plight<br />

<strong>of</strong> homicide suspects, some <strong>of</strong> whom have been waiting <strong>for</strong> trial <strong>for</strong> 10 years.<br />

By 2005, <strong>the</strong> number <strong>of</strong> paralegals had increased from <strong>the</strong> initial 12 to 37. PAS<br />

had developed a programme in 13 prisons, holding 84 per cent <strong>of</strong> <strong>the</strong> total prison<br />

population, which numbers 8,500 persons.<br />

47

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