The purpose of this post is to briefly summarize organized innocence activity around the world during 2012 (If I have left items out, please let me know so I can supplement this post). The calendar year 2012 undoubtedly saw the largest expansion of organized innocence work in history. Well-attended innocence conferences were held in 5 different continents. Organizations designed to free the innocent operated in every inhabited continent, and new projects launched in various Latin American countries, France, the Netherlands, the Philippines, Israel, and Taiwan, among others. Here is a brief summary:
Audience at conference
On Monday, October 12, 2012 (The International Human Rights Day), a conference took place at the Hebrew University School of Law, which launched the new (and first of its kind in Israel) wrongful convictions clinic, that was recently opened at the Hebrew University School of Law, in collaboration with the Israeli Public Defender’s Office.
The conference, organized by Dr. Anat Horovitz, Deputy Head of the National Public Defender’s Office, and Dr. Einat Albin, Head of the Center for Clinical Education at the Hebrew University School of Law, began with greetings by Dr. Guy Rotkopf, Director-General of the Israeli Ministry of Justice, Prof. Yuval Shany, Dean of the Hebrew University School of Law, and Dr. Yoav Sapir, Head of the National Public Defender’s Office. The greetings were followed by an exceptional keynote speech delivered by Prof. Larry Marshall of Stanford Law School. During the second session of the conference, the well-known documentary filmmaker, Ms. Ofra Bikel, talked about her work and part of her film the “Confessions” was viewed by the audience.
Keynote speaker: Larry Marshall
At the final session of the conference, a panel which included former Supreme Court Justice E. Goldberg, Prof. M. Kremnitzer (Vice President of the Israel Democracy Institute), Ms. E. Fink (Head of the Re-Trial Department at the National Public Defender’s Office) and Mr. S. Lemberger (Deputy Israel State Attorney), engaged in a lively discussion regarding procedures for addressing wrongful convictions in Israel, moderated by Dr. Anat Horovitz. The conference was open to the public and attended by many criminal law professionals (including judges, prosecutors and defense attorneys) as well as a large number of law students.
Posted in Middle East, Project Spotlights
That the world is shrinking by the day, is much more than a metaphor. It’s a reality. Nationals of nations are scattered all around the globe, seeking different realities, challenges and opportunities. In the process, they are confronted with different norms, cultures and laws which they are compelled to abide by, or face sanctions for breaches of the laws of their host countries. In effect, nationals outside their own territories, must not only comply with the laws of their host countries, but there is a continuing responsibility of their own governments to ensure that they are treated fairly, justly and in line with internationally acceptable legal standards.
What happens when a government fails to take up that challenge on behalf of their own citizens abroad? It’s sometimes a catch twenty-two situation, given the intersection between politics and law. One thing is certain though, most international Instruments lay down certain minimum standards for the dispensation of justice and, indeed, of the trial process. Recent cases of US and Nigerian citizens with criminal processes/procedures abroad, have demonstrated that, whilst one nation takes seriously it’s continuing international obligations to its nationals; the other have simply shirked her responsibilities to it’s nationals abroad, leaving them at the mercy and vagaries of the ‘laws’ of the host countries, without regard to the fairness, justice or indeed, whether the laws of the host countries guarantees the minimum rights under international law.
With respect to the US, the recent case of Jason Puracal (An American citizen) in Nicaragua was handled ‘fairly’ well, if for nothing, the drawing of the attention of the US Congress (43 House of Representatives members) to his plight, and the calling of the attention of the United Nations, declaring the Nicaraguan judicial system as flawed and a violation of international law. Read archived post on this case here.
That Nigerian nationals face legal hurdles and challenges abroad is well documented. What is not well appreciated is the response of the Nigerian government, and it’s attitude to her nationals undergoing criminal processes abroad. In Indonesia for instance, there are a sizeable number of Nigerians who have alleged that, their right to justice, and sometimes, outright miscarriages of justice have occurred; which has left them wrongfully imprisoned, some on death row, and others, actually have been executed without due process. Read here and here
There is the on-going trial of a Nigerian pastor in Austria – Pastor Joshua Esosa -for ‘drug related offenses’, which he vigorously denies. He was made to undergo criminal processes in Austria which resulted in his ‘conviction and sentence’, whereupon he appealed the decision. An appellate court in Austria, it seems, have ordered the remittal of his case for re-trial de novo. That re-trial commenced, or rather, took place on the 6th of June, 2012. The point here is that, Pastor Joshua Esosa practically shouted himself hoarse, before he was given the right of re-trial, despite the unfairness of the initial trial process; and the Nigerian Embassy appearing to have utterly failed him. Read his story here
In conclusion, the anecdotal facts above, clearly demonstrate that governments owe it’s own nationals obligations to ensure that they are given a fair trial abroad. That obligation is a continuing one. It must be exercised responsibly in line with internationally acceptable legal standards. Where those domestic standards falls short of universally acceptable norms, by virtue of its continuing obligations, it behooves governments to engage on her nationals’ behalf to ensure justice is done. The Nigerian government must now begin to learn to shift grounds, and explore not only legal measures, but political means to protect her nationals abroad.
I have previously covered at length the Lockerbie Bomber case here, here and here, which many believe resulted in a wrongful conviction.
Abdelbeset Ali Mohmed al Megrahi, the so-called Lockerbie Bomber, died today at age 60.
Posted in Middle East, Political cases, United Kingdom
From web source:
The state prosecution told the High Court of Justice yesterday it will submit articles of clothing worn by a man murdered 17 years ago for advanced DNA testing, to help determine whether the case should be retried.
At issue are nine blood and saliva stains on the shoes and shirt that attorney Shmuel Levinson was wearing when he was killed in August 1994, after he surprised a burglar in his Jerusalem home. Levinson had been named chairman of the Association for Civil Rights in Israel shortly before his murder.
Based on the technology available at the time, which did not include DNA testing, the coroner’s office said the blood stains found at the scene were consistent with Shalom’s blood. But a hair found in a sock at the scene was found not to be Continue reading
Posted in DNA, Middle East
Northwestern’s Center on Wrongful Convictions Annual Benefit June 7thThis epigram is famously associated with Ghandi and his teachings on non violence. Can justice ever cohere or be coterminous with this saying? What does it really convey jurisprudentially in the context of western style or Islamic/Sharia criminal law? Can a literal interpretation of the term truly serve the ends of justice? In countries like Nigeria with a dualist criminal law and procedure i.e. Sharia law operating side by side with western style criminal code, striking the right balance continue to pose problems at the level of interpretation and execution. It’s a different ball game with ‘theocratic’ Middle Eastern states, for instance - Iran, Saudi Arabia. The famous case of Ameneh Bahrami – who was blinded when a spurned suitor threw acid at her and she asked for the same to be inflicted on him - highlights the dilemma. Read her story http://www.guardian.co.uk/world/2011/may/13/iran-blind-criminal-acid 
It compels us to ask, what is the purpose of crime and punishment in society? Reformation. Restitution. Or, to reach out for the eye of the convict. Each society must make that decision for itself to suit the mores, values, religion and culture of it’s people. I guess it is safe to say that, an eye for an eye should be at the lower end of that decision scale.
Posted in Africa, Editorials/Opinion, Middle East
Dallas DA Craig Watkins urges national conversation about race and justiceI have previously blogged here, here, here and here about the alleged wrongful conviction of Megrahi, known as the Lockerbie Bomber. A member of his defense team now says he is on the verge of death. Megrahi is confident he will be fully exonerated after his “imminent” death…Details here…
Posted in Middle East, Political cases, United Kingdom
I’ve blogged here and here about questions as to whether Abdelbaset Ali Mohmed al-Megrahi, known as “The Lockerbie Bomber,” might have been wrongfully convicted, as many believe. An 800-page report by the Scottish CCRC the has identified 6 areas of concern in the case that point to innocence, including the fact that the FBI allegedly paid witnesses for their testimony. But an FBI agent, Oliver “Buck” Revell, who was in charge of investigating the case has now come out firing, claiming that the FBI never paid witnesses, and that the report is not complete or credible because the FBI was never interviewed or consulted regarding the facts. Details here. More here.
Boaz Sangero and Mordechai Halpert of Ramat Gan Law School in Israel have posted a very interesting article on SSRN, entitled A Safety Doctrine for the Criminal Justice System (available here). The abstract states:
Criminal law, unlike other risk-creating fields, currently lacks any modern safety doctrine. In light of the proven phenomenon of wrongful convictions and the severe harm it causes to both those wrongly convicted and society, this Essay focuses on the necessary preliminary stages in developing a safety doctrine for the criminal justice system. Under our conception criminal law is a “safety-critical system”: it deals with matters of life and death. We view false conviction to be a type of accident, similarly to a crash of a fighter airplane. This comparison is not only metaphorical, but quite literal when the damage is assessed from an economic standpoint. Care and Continue reading
Human Rights Watch issued a report this week revealing that officials in Bahrain have been using the ordinary criminal courts to trump up charges against innocents in politically motivated trials to crush dissent. Report here. Details here.
Posted in Middle East, Political cases
Abdelbaset al-Megrahi, who was convicted in the Lockerbie bombing, released a book Monday that sets forth his claims of innocence. The abstract of the book, entitled Meghari: You Are My Jury, states:
You know me as the Lockerbie bomber. I know that I’m innocent. Here, for the first time, is my true story: how I came to be blamed for Britain’s worst mass murder, my nightmare decade in prison and the truth about my controversial release. Please read it and decide for yourself.
You are now my jury. – Abdelbaset al-Megrahi
Two documentary films being released also call his conviction “Britain’s biggest miscarriage of justice,” and allegedly demolish the key witness against him. The films also shed light on exculpatory material that was not previously disclosed (what we call Brady violations in the U.S.). More here, here, and here. For a rebuttal, read this…
A Separation won best foreign language film at the Academy Awards Sunday night. Not only is this a really interesting, well-acted movie, but the plot revolves around a possible wrongful conviction in progress. As the story unfolds, and the viewer learns more and more about the case, one gets a sense of how the Iranian criminal justice system operates. The judge in the case hears “evidence” and rules on the merits in a small office with each witness and the defendant just sort of hashing it out and arguing with each other until the judge gets a feel for what he thinks happened. In the process, questions are raised about the reliability of different forms of evidence, and how wrongful convictions can happen to anyone–even the respected and privileged in society. The bottom line is that the film is wonderful, and I’d recommend to anyone regardless of his or her interest in wrongful convictions or comparative criminal justice systems. I’m not the only one who liked it, as it got a rare 99% approval rate from the critics on rottentomatoes.com. Save it to your Netflix queue here.
Posted in Film/Cinema, Middle East
