Asia Fair Trial Practices Roundtable
Strategies for Addressing Pre-Trial Detention
25 July 2024
On 25 July 2024, BABSEACLE hosted the Asia Fair Trial Practices Roundtable on the theme of ‘Strategies for Addressing Pre-Trial Detention’. The roundtable took place online via Zoom, a discussion was led by a distinguished panel of practising lawyers and legal academics from the Asia region, including the United States. It brought together over fifty participants to hear the speakers on pre-trial detention issues and the right to legal assistance, presenting both practical experiences and legal perspectives to uphold fair practices and principles. The majority of participants came from a diverse range of practice stages, such as law students, representatives from for-profit and not-for-profit organisations, lawyers from both small and large firms, and those working in-house.
In the discussion on strategies to have clients held in pre-trial detention released, several key aspects were addressed. The speakers emphasised the importance of early legal assistance in reducing unlawful and unnecessary pre-trial detention and combating torture and justice-related violence. It was noted that in some instances, collaboration with community paralegals and civil society organisations is essential, as this helps to locate clients’ family members and gather information to support and put forward bail applications. Furthermore, the conversation underscored the need to advocate for the police to use their responsibilities and powers according to criminal code procedures when evidence related to an offense is lacking, in order to facilitate clients’ release.
In relation to strategies to effectively prepare and represent clients while they are being held in pre-trial detention, the speakers indicated that detained clients should have access to lawyers to discuss the case and that lawyers have the power and independent authority to exercise all investigative functions. The lawyers need to explain the condition of the case and outline the possible outcomes. Additionally, it is important to examine clients’ confessions for any improper police procedures within the system.
Furthermore, the discussion explored ways and means of helping clients being held in pre-trial detention on many of their needs that may not be seen as directly legal needs. These needs include, but are not limited to, communicating with their families, ensuring proper health care, ensuring proper food and nutrition, assisting in having monies available for clients to purchase goods/items while in detention.
The final section of the roundtable continued the discussion on combating pre-trial detention issues through justice education. The speakers stressed the important role of raising awareness of these issues at the educational level, particularly at the university level. By instilling professional and ethical responsibilities in law students and by developing and producing future lawyers, community leaders, country leaders, commissioners, and others, pre-trial detention issues can be tackled more effectively both in the immediacy and in the future.
Contact:
For more information, contact BABSEACLE team at [email protected]