Through my studies in the political science field, I’ve studied both Guantanamo Bay and the Gacaca process of post-conflict restorative justice in Rwanda in quite a bit of detail. Well, you might ask, what in the world do these two issues have in common? In essence, both alleged terrorists in Guantanamo and those on trial (mostly, or all, Hutus accused of participating in the genocide) in the Gacaca courts aren’t guaranteed a fair trial. In Guantanamo, it’s common knowledge that the accused are only tried by military commissions, generally have not had access to legal counsel or habeas corpus, and were often tortured in prison (although this is all changing).
Similarly, alleged perpetrators and genocidaires who appear before the grassroots and community-based Gacaca courts do not have access to legal representation, are tried by community members - often leading to unfair sentences imposed based on the balance of power in that particular community or region, and are sentenced by judges who mostly have no legal background.
But while issues like Guantanamo and Gacaca have garnered significant worldwide attention - primarily because of their relation to “popular” or “sexy” issues like national security and genocide - the truth is that millions of people around the world are suffering the same fate, but are mostly ignored by the world.
Most people who are imprisoned in much of the developing world - and frankly many in the United States as well - are not guaranteed legal counsel at the expense of the state; thus, they end up in jail for years without even seeing the inside of a court or hearing what they are being charged with. Arbitrary arrests are common. Prison conditions are horrible and unsanitary, with lack of basic hygiene, systematic overcrowding, and the spread of infectious diseases. In some countries like Zimbabwe, prisoners starve to death due to lack of sufficient food. And the tortures of prisoners in Guantanamo that so horrified the American public? The same brutal torture tactics are a commonality in most countries today, and are widespread as interrogation tactics.
In addition, while fair trials has become a big issue/controversy for alleged terrorists and genocidaires, most people around the world who are denied access to legal counsel and who are tortured in prison are suffering for far less severe crimes - such as robbery. Despite this, their plight receives little or no attention from the international community.
When are people going to realize this is a problem? That torture and lack of fair trials & legal representation are not limited to GITMO or Gacaca, but are problems for millions of people around the world?
The Universal Declaration of Human Rights states: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” The right to a fair trial is also found in article 14(1) of the International Covenant on Civil and Political Rights. When are we, the international community, going to begin making sure these laws are actually enforced in practice?
Not just alleged terrorists or genocidaires require fair trials. Countless poor individuals who have been caught up in the system and are effectively “invisible people” also deserve fair trials, and it’s time we started doing something about this.
