Blog: Criminal Justice
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February 6, 2017
Fernando Ribeiro Delgado, Former Senior Clinical Instructor, Becomes Scholar in Residence at NYU Law
Posted by Cara Solomon
As the spring semester gets underway at HRP, we’re already missing the fellowship and expertise of one of our colleagues: Fernando Ribeiro Delgado, JD ’08, Senior Clinical Instructor and Lecturer on Law, is now a Scholar in Residence at New York University School of Law.
Simply put, this is a big loss for us. Fernando is an expert on criminal justice in Brazil, which has one of the world’s worst records on mass incarceration. His clinical work went wide and deep; his teams used strategies ranging from litigation to fact-finding to negotiating with government officials to launching media campaigns.
Beyond the rigor and innovation that was the hallmark of Fernando’s work, there was another distinguishing factor: it was always collaborative. Throughout his seven years at the Clinic, he worked closely with local partners whom he considered not just colleagues but mentors: Justiça Global, Serviço Ecumênico de Militância nas Prisões, Pastoral Carcerária, and Comissão Justiça e Paz. He also nurtured relationships with prisoners’ families, corrections officials, and members of the media.
Most importantly, as described in the Harvard Law Bulletin last year, Fernando treated people who were incarcerated the way he treated everyone else: with kindness.
At NYU, Fernando will explore the link between state violence and corruption, a link he first documented with Justiça Global in the high-profile, book-length report, “São Paulo under Extortion: Corruption, Organized Crime, and Institutional Violence in May 2006.” That joint report, the culmination of a five-year investigation, explored the role of corruption in a series of coordinated uprisings in detention centers and attacks on police and public buildings that left 43 state officials and hundreds of civilians dead. The report also documented the wave of reprisal attacks by police, including extrajudicial killings of people they suspected of having arrest records—in many cases profiling victims’ youth, skin color, tattoos and presence on the streets of a poor neighborhood at night.
During his time in the Clinic, Fernando tackled a range of criminal justice issues in Brazil. His clinical team contributed comparative and international law research to a workshop that culminated with federal prosecutors filing the first-ever criminal charges for dictatorship-era human rights crimes. A case he argued before the Inter-American Court of Human Rights (the Court) led to an investigation into juvenile justice system abuses, one which ultimately brought down an alleged corruption ring at the highest levels of state government.
He spent the great majority of his time, though, addressing rampant over-incarceration and abuse in prisons. Continue Reading…
December 21, 2016
Posted by Fernando Ribeiro Delgado
Inter-American Court of Human Rights Critiques “Over-Incarceration” and Prison Building in Brazil
Landmark Aníbal Bruno (Curado) Prison Complex Rulings Also Innovate on Rights of LGBT Prisoners; Prisoners with Disabilities; and Anti-Corruption Measures
Sounding the alarm on mass incarceration, the Inter-American Court of Human Rights recently ordered officials in Brazil to adopt an emergency plan to reduce overcrowding at the abusive Aníbal Bruno (Curado) Prison Complex in Recife, Pernambuco. Noting that it “shared the concern expressed by several Brazilian authorities…with respect to the tendency toward ‘over-incarceration’ [‘super encarceramento’] witnessed over the past decade throughout the country, and with particular intensity in Pernambuco,” the Court also demanded other measures that can promote decarceration. These include the hiring of public defenders and the listing of the legal grounds for the detention of each prisoner at the Complex.
Currently, the Complex holds some 7,000 men in space designated for less than 2,000. The Court gave the state 90 days to comply, with Brazil’s federal prosecutor’s office (Ministério Público Federal – MPF) tapped to monitor implementation.
The ruling marks a major advance for the civil society petitioning coalition comprised of the Serviço Ecumênico de Militância nas Prisões – SEMPRI, Pastoral Carcerária, Justiça Global, and the International Human Rights Clinic. For years, the coalition has urged authorities to redress overcrowding through decarceration measures. Brazil today has the world’s fourth largest prison population, with over 600,000 detained. In its resolution, the Court warned that “until the tendency [toward over-incarceration] is reversed,” state policies promoting prison construction “will not be sufficient” to deal with the problem.
There is growing recognition in Brazil that its turn toward mass incarceration is unwise and unsustainable. Earlier this year the head of Brazil’s federal penitentiary department (Departamento Penitenciário Federal – DEPEN) declared, “incarceration does not reduce criminality.” Over the past 25 years, the country has seen a 575 percent increase in the prison population.
The Court’s decision also innovated on other legal issues. Pointing to a wave of sexual violence and other abuses against LGBT persons at the prison Complex, the Court ordered the state to “adopt specific measures to protect the personal integrity and life of groups in situations of vulnerability.” Other novel points of the decision include measures protecting the rights of prisoners with disabilities and a demand for evidence demonstrating the existence of judicial oversight of the prison. Continue Reading…
November 15, 2016
“The Future of the Inter-American System”
12:00- 1:00 p.m.
Please join us for a discussion with James Cavallaro, President of the Inter-American Commission on Human Rights, and Professor of Law at Stanford Law School, where he is the Founding Director of the International Human Rights and Conflict Resolution Clinic and the Stanford Human Rights Center. Cavallaro was formerly the Executive Director of the Human Rights Program and Clinical Professor at Harvard Law School. He is also the founder of the Global Justice Center, a leading Brazilian human rights NGO.
October 27, 2016
Criminal Justice Reform in Pakistan: A Case Study
2:00 – 1:00 p.m.
Please join us for a lunchtime discussion with Professor Osama Siddique, Henry J. Steiner Visiting Professor in Human Rights, on the human rights implications of criminal justice system reform in Pakistan. In most developing countries, criminal justice reform is driven by internationally-funded efforts, which often cut out critical local actors. In Pakistan, members of the justice sector are engaged in complex and meaningful dialogue that has influenced the process and content of criminal justice reform to more sustainable effect. Professor Siddique examines Pakistan’s cutting-edge effort and considers what lessons can be drawn from it for other countries.
September 14, 2016
“U.S. Law and Policy on Transitional Justice”
A book talk by Zachary D. Kaufman
Please join us for a discussion with Zachary D. Kaufman about his new book, United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics (Oxford University Press, 2016), which explores the U.S. government’s support for, or opposition to, certain transitional justice institutions. Dr. Kaufman, a senior fellow at the Kennedy School, presents an overview of possible responses to atrocities (such as war crimes tribunals), then evaluates why and how the U.S. has pursued particular transitional justice options since World War II.
July 1, 2016
Moving On: Deborah Popowski to Be Executive Director of NYU’s Center for Human Rights and Global Justice
Today we have the mixed blessing of announcing that one of our favorite people is moving on: Deborah Popowski, JD ’08, Clinical Instructor and Lecturer on Law, is bringing her considerable talents to New York University (NYU) School of Law as Executive Director of its Center for Human Rights and Global Justice.
It comes as no surprise to us that she was chosen for this leadership role. For the past seven years, Deborah has proven herself to be a visionary inside the International Human Rights Clinic, carving out a critical niche for U.S.-based work. In her time here, she led clinical projects on issues ranging from protest and assembly rights to the right to heal for U.S. service members and Iraqis. She also created a clinical seminar, “Human Rights Advocacy and the United States,” with the Human Rights Program’s former executive director, Clinical Professor Jim Cavallaro.
In particular, Deborah distinguished herself in recent years as a national leader in the grassroots movement to hold U.S. health professionals accountable for torture in the national security sphere. Her approach was both innovative and in-depth: through professional misconduct complaints, legislative advocacy, media outreach and academic conferences, she worked with clients to highlight the actions of psychologists at Guantánamo. Continue Reading…
April 20, 2016
TODAY, April 20: “Human Rights, UN Millennium Development Goals, and Federal Prosecutions in Brazil”
April 20, 2016
“Human Rights, UN Millennium Development Goals,
and Federal Prosecutions in Brazil”
A talk by Raquel Ferreira Dodge, Subprosecutor-General of the Republic, Federal Prosecutor’s Office, Brazil
12:00- 1:00 p.m.
What if prosecutorial priorities were expressly oriented toward the promotion of human rights and development? Might that alter the typical targets of law enforcement? Please join us for a discussion with Raquel Ferreira Dodge, Subprosecutor-General of the Republic, Federal Prosecutor’s Office, Brazil, on the efforts of the Coordination and Review Chamber on Crime and Police Oversight of the Brazilian Federal Prosecutor’s Office (Ministério Público Federal) to link prosecutions more clearly to human rights promotion and the attainment of the United Nations Millennium Development Goals.
Organized by the Brazilian Studies Association at Harvard Law School, La Alianza, the Women’s Law Association, Students for Inclusion, and the Human Rights Program.
April 7, 2016
Posted by Keaton Allen-Gessesse, JD '16
Yesterday, it was my great honor to present Fernando Ribeiro Delgado, my former clinical instructor, with the Shatter the Ceiling Award for Excellence in Integrating Critical Race Theory into the Curriculum. The annual award, given by Students for Inclusion and the Shattered Ceiling Committee of the Harvard Women’s Law Association, is based on feedback from a student survey. Below are the comments I prepared for the ceremony, followed by the complete list of faculty honorees:
“The first time I thought ‘there may actually be a place for students like me here’ was during my 2L year in the International Human Rights Clinic. Deborah and Tyler’s human rights seminar was intellectually engaging in ways I had never experienced at HLS and I was sure none of my other classes could compare. But my developing clinical education with Fernando was not just comparable; it was the ultimate practical supplement.
Team meetings were my oasis amid an exorbitant education generally void of critical analysis. Our clinical project – using human rights law to advocate for a moratorium on private prison expansion in Brazil – facilitated an evolution of my social and legal imagination. As expected, we learned international case law and how to compose persuasive legal arguments. More importantly, Fernando encouraged us to embrace our curiosity and creativity as we investigated the laws’ capacity to maintain or dismantle oppressive regimes.
Fernando takes a similar approach to his teaching in the classroom, as illustrated by the following quote from a current student:
‘The central premise of critical race theory in the legal context is how the law is used as a tool in maintaining white supremacy and how we can transform the relationship between the law and racial power. In our institution, we see a curriculum that fails to view the law through this lens with almost no emphasis on critical race theory. But its central premise is taken up by Fernando in his Human Rights and Criminal Justice class. Fernando examines how the prison industrial complex, from Brazil to Baltimore, is used as a tool to oppress communities of color and encourages his students to think critically about how the law is used to disenfranchise minority communities. His students appreciate his carefully curated readings, which aside from breaking with Harvard Law tradition in being short, collect voices which are typically not heard within our school, including works by Angela Davis on prisons, Michelle Alexander on mass incarceration as the new Jim Crow, and Makau Matua on how our system of international human rights preserves an international legal order of white colonialism.
Fernando is a living example and inspiration of how we can use our power as human rights advocates to elevate the voices of marginalized causes and groups and to never forget that this is not about us but about liberation. For so many of us disillusioned by humanity, Fernando’s class is a sanctuary in which we as imperfect advocates can fight for racial justice in a system where we don’t even know what that means or looks like.’
I thought Fernando was one of the best-kept secrets at HLS, but this award demonstrates that it was foolish to think that I alone recognized his magic. If anything, I am now discovering the significant community of students he has inspired and transformed throughout the years.
Fernando, I am so very honored to present you with this award. Without that formative semester in the Clinic and in your seminar, I would never have been able to envision a better legal system, nor a better Harvard Law School. So I thank you deeply – more than I can adequately articulate – for modeling the type of human rights advocate that I, and so many others in this room, aspire to be. ”
February 17, 2016
Posted by Susan Farbstein
Last week in South Africa, there was an important—and surprising—development related to the 1983 torture and murder of Nokuthula Simelane. I previously wrote about the case as an egregious example of the lack of accountability for apartheid-era crimes, as well as the apparent political obstruction that effectively blocked the investigation and prosecution of nearly 300 post-Truth and Reconciliation Commission (TRC) cases.
But perhaps the tide is turning. On February 8th, the National Prosecuting Authority (NPA) announced that it will charge four former apartheid security policemen with Simelane’s kidnapping and murder. This represents the first prosecution of apartheid-era perpetrators since a 2007 plea agreement with five senior police officers, among them Adriaan Vlock, who served as Minister of Law and Order.
Former TRC Chairman Archbishop Desmond Tutu described the breakthrough as a “most significant and historic decision,” but also questioned why the NPA delayed for decades and proceeded only after Simelane’s family launched a High Court case to compel the NPA into action. The NPA has said that it is moving ahead now because of the strength of the evidence and merits of the case, which create reasonable prospects of a successful prosecution.
The four former members of the Soweto Special Branch—Willem Helm Johannes Coetzee, Anton Pretorius, Frederick Barnard Mong, and Msebenzi Radebe—are due to appear in court on February 26th. Although three of the accused applied to and received amnesty from the TRC for Simelane’s abduction, none applied for her murder. Because of this failure to make a full disclosure, the case was referred to the NPA and now appears set to proceed.
November 13, 2015
Posted by Susan Farbstein
Salauddin Quader Chowdhury, a leader of the opposition Bangladesh Nationalist Party, faces the imminent threat of execution next week despite being convicted and sentenced through a deeply flawed process. Our partners at Akin Gump are working with Chowdhury’s family to call attention to his case, in the hopes that increased international scrutiny might lead to a different outcome.
Chowdhury was tried and convicted by the International Crimes Tribunal (ICT) of Bangladesh, a body established by the ruling Awami League to prosecute those accused of committing international crimes during Bangladesh’s war of independence from Pakistan in 1971. A variety of international human rights organizations and experts have roundly criticized the ICT, which began operating in 2010, for failing to uphold basic fair trial and due process standards.
For example, Human Rights Watch has characterized the trials as “deeply problematic, riddled with questions about the independence and impartiality of the judges and fairness of the process.” The International Commission of Jurists has identified “serious procedure flaws at all stages: pre-trial release has been routinely and arbitrarily denied; witnesses have been abducted and intimidated; there have been credible allegations of collusion between the Government, prosecutors and judges.” In an exhaustive study commissioned by the International Forum for Democracy and Human Rights, Geoffrey Robinson also documented a range of procedural concerns related to treatment of alibi evidence, burden of proof, use of judicial notice, time and facilities to prepare the defense, hearsay evidence, and capacity of the judges. And the United Nations Special Rapporteurs on extrajudicial, summary, or arbitrary executions and on the independence of judges and lawyers have spoken out against multiple irregularities, including complaints from defense witness and lawyers about “an atmosphere of hostility, intimidation and harassment.”
Chowdhury’s case brings these general concerns into stark focus, as his trial suffered from numerous flaws that violated fundamental due process standards. For example, the tribunal denied Chowdhury’s defense team the opportunity to submit exonerating evidence to show that he was not present in Bangladesh at the time of his alleged crimes. The ICT did not allow multiple defense eyewitnesses to testify and failed to consider affidavits from other key witnesses, including a former U.S. Ambassador and a former Pakistani Prime Minister. The Bangladesh Supreme Court recently rendered a decision refusing to admit this substantial evidence; Chowdhury’s final review hearing is scheduled for November 17th.
Both Amnesty International and the United Nations High Commissioner for Human Rights have rightly warned that, “given serious concerns about the fairness of trials conducted before the Tribunal, the Government of Bangladesh should not implement death penalty sentences.” Perpetrators of international crimes should be held accountable for their heinous acts. But prosecutions—like Chowdhury’s—that fail to meet international fair trial standards cannot deliver the justice that survivors and victims deserve, and only serve to undermine the rule of law.
For more information, please click here.
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