Karen Tse (Premiere): Abolishing Torture

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Watch human rights lawyer Karen Tse explain why it's possible to end torture anywhere in the world in our lifetime.

While my TED talk was categorized under the "Dark Side", what I wanted to share most deeply was the beauty and light that courageous lawyers and defenders bring into the darkest corners of police stations and prisons cells. At International Bridges to Justice, our goal is that a lawyer will meet someone as soon as possible after detention. For most, having a lawyer present at the earliest stage makes the critical difference between being tortured for a confession or having your right to be protected from torture upheld. I struggled in the preparation of this TED talk, in the same way that I struggle now in this blog, to convey the fierce urgency that is upon us. While my hopes when I founded International Bridges to Justice 12 years ago were much more modest, today I believe that it is entirely possible for us to come together as a world community to end torture as an investigative tool in our lifetime.

Why Now?

1. Laws to Prevent Torture Are Now on the Books

Despite the historic spread of democracy in the past two decades, the rule of law remains a dream for the majority of the poor. Legal protections from arbitrary detention and torture have never been realized.

The good news is that laws prohibiting this practice exist in 93 of the 113 countries that continue to practice torture routinely as an investigative tool. This means that the prevalence of investigative torture today is completely preventable if we commit to working with these countries toward implementing their own domestic laws. The fundamental rights these laws are intended to protect are enshrined in the Universal Declaration of Human Rights signed more than 60 years ago. Unfortunately, we have not prioritized the implementation of these rights and torture continues as the cheapest form of investigation. If we make a concrete commitment and ensure the necessary resources to build local legal infrastructure, we can breathe life into the very laws that ensure the protection of individuals.

2. Technology Is a Force Multiplier

Ten years ago, there was no Facebook or Twitter or Crowd funding. Social media was in its infancy. IBJ built its international network of defense lawyers through relatively antiquated methods: emails, phone calls and high-heels in the mud. Obviously justice cannot be delivered virtually; it requires the presence of an advocate in the jail cell, interrogation room and courthouse. Yet the rise of social media has created exciting opportunities and we are seeing dramatic results.

At first, International Bridges to Justice started country by country. China, Cambodia, Zimbabwe, Rwanda, Burundi, India. It changed, however, as defenders discovered us through technology, and we also began to discover and support them through technology. In addition to eLearning and Wikipedia defender sites, we began new innovative "JusticeMaker" pilot programs in more than two dozen new countries throughout the world. These Justicemakers in turn also used technology as a force multiplier.

Take Patrick Dunku, a criminal defense lawyer in Lagos, Nigeria and an IBJ JusticeMaker Fellow in 2008. Patrick created a system to link newly-arrested suspects, lawyers and paralegals by mobile phone. By stationing volunteers at courts every day, they can spot people ensnared in the inefficient judicial system, alert family or friends about their whereabouts and arrange legal aid. It serves as a lifeline for the accused.

3. Power of the People Is Creating Hope

People everywhere are demanding the infrastructure of justice, and are building it too. In Tunisia a single man set off the revolution after people protested against the lack of respect for his legal rights. Prior to the protests the country was seen as a jewel of development in North Africa, with among the highest mobile use, good education and foreign investment. But it was not enough. People wanted legal rights, just as they wanted iPhones. Everywhere in the world, one sees the power of people coming together, demanding their legal rights.

More exciting, is that I see the courageous "Yes" of lawyers and legal communities responding everywhere as they move from fear to hope. Though torture has been the norm in many countries, the lawyers and judiciary have the prophetic imagination to see another world that has not yet existed. Step by step they are willing this new reality into existence. But they cannot do this alone, and are seeking support from the worldwide community to do this.

During the TED talk, I felt myself strangely overcome with a sense of calm. I have known that the only thing holding us back is our own lack of belief in the possibility of a world without torture. During the talk itself, I felt the audience move in one breath from fear to hope. For me, this was catching a glimpse of the dream. For in this moment, I believed in the possibility of everything that we could co-create working together.

Just as the 19th century abolished slavery and the 20th century established human rights, civil rights and improved women's equality in the West, so too the 21st century is the one in which we can end torture as a method of investigation. What is needed to make this happen is our fire of commitment.

So it isn't just about torture. It is about who we are as human beings making our way through history -- and what we choose to create for our world. We have an urgent opportunity today to end torture in our lifetime. I urge us to make the commitment and to seize it together.

Comments

[Bylow Selhai]

07:08 PM on 10/21/2012

Power and torture go hand in hand. We absolutely need to end torture. But first we need a new technologically based system of checks and balances of global power. It's possible.

[Paul Shleffar]

01:58 PM on 12/28/2011

This work is so important, for such a small investment we can make such a huge impact around the world. It is a deceptively simple way to make the world a better place. I look forward to supporting IBJ's work in the future and encourage others to do the same. Rabbi Paul Shleffar

[matthew coghlan]

04:06 AM on 12/28/2011

My name’s Matthew Coghlan. I’m the Managing Director of IBJ’s Singapore Justice Training Centre. Before joining IBJ, I was helping my friends at LBH Masyarakat in Jakarta to strengthen human rights. I was disturbed to learn from them that the use of torture to force confessions is endemic in the Indonesian capital. My friends represent drug users, and I was dismayed to hear of the violence that their clients must endure in pre-trial detention. I decided to do my bit to stop it!

At SJTC, we’re gearing up for a huge year of training lawyers throughout South East Asia to protect, respect and fulfill the right to a fair trial by using their legal skills in defending accused; and, in the process, preventing investigative torture. Only this month, we ran a course for the criminal justice community in Laos PDR. Our participants enthused right from the start on the importance of the training for them, and they urged us at the end to return to keep building their expertise. I plan to ensure that we do and to help the rest of the region in the same way too!

[uran]

01:24 PM on 12/26/2011

Congratulations Karen, I am very proud of you. Wish you all the Best, yours, Uran

[kristin engvig]

05:52 AM on 12/26/2011

Karen does an incredible job. IBJ is a proof of how much can be done by an individual taking initiative and mobilizing people for great team work.

Karen and IBJ - a true inspiration for us all,

Kristin Engvig - Founder and Director W.I.N. (Women's International Networking) & WINConference

[joannasing]

09:23 PM on 12/25/2011

I am Xiaoming Zhou, IBJ fellow in China. In order to promote criminal justice, we are doing many programs like training lawyers and governmental officials on early access, on legal ethics and standards, etc. Great progress has made and criminal system is improving.
International Bridges to Justice (IBJ) for me also refers to "I Believe Justice". I believe that if we everyone holds a belief of justice, the community of us can make a history! As Karen has said, I also believe that if we come together as a world community, it is definitely possible for us to end torture as an investigative tool in our lifetime!

[averma]

08:20 AM on 12/25/2011

I am Ajay Verma, India Fellow of International Bridges to Justice. Having worked as Public Defender (Legal Aid Lawyer) for Almost ten Years, in a situation where Legal Aid Lawyers were not well respected. IBJ India took up challenge to reach to the point where criminal defendants will say, “I want a legal aid lawyer to represent me.” The situation has tremendously changed in Just Three Years of IBJ’s Presence in India especially at New Delhi. Karen’s Vision has given new meaning to Legal Aid in India. This all Started in July 2008, when first of its kind a three day training Event was jointly organized by IBJ and Delhi Legal Services Authority (DLSA) at New Delhi. The Chief Justice of the Supreme Court of India, several Supreme Court and High Court Justices attended Training Conference and shared their valuable Legal Tips with 138 Legal Aid Lawyers from 26 Indian States.
Since 2008 more than 508 Lawyer have been Trained by IBJ in India and they all have shown their commitment to effective Representation of Indigent Accused by improving their capacity to represent their client. By ensuring that defenders are well trained and knowledgeable, we can be confident that India’s justice system will proceed more accurately, efficiently, and fairly for all people, regardless of their background. More than 65% Prison Population is represented by People waiting for their Trial before court. I hope that such initiatives of IBJ can get them effective and speedy Justice.

[Eugene Soh]

09:24 AM on 12/24/2011

Torture is the worst kind of human tragedy where you can witness the collapse of human dignity on victim and perpetrator as well. It's not a thing of individual rather systematically done by the system.
We've been heard enough that torure should be abolished on earth, but often ended up in rehtoric.
It's just about the time to need a person like Karen who showed her strong commitment to the justice not as a Human Rights lawyer but as a decent human being setting up a new era of the rule of law.

[CoffeeRebel]

08:45 AM on 12/24/2011

Is it just me or haven't you notticed the appalling position our own government has taken to eliminate due process and renewing rendition. If you talk to the candidates that support torture, challenge them to disavow our commitment to the Geneva Convention. I would like to at least be as honorable as the Japanese during WW2.
Isn't it interesting that after capturing American spies, Iran was above using waterboarding. If they had used that proceedure, ask yourself if you would believe anything they would have confessed to?

[Astere]

02:40 AM on 12/24/2011

I am Astère Muyango, IBJ fellow in Burundi. I believe strongly that the use of torture as an investigate tool can be ended. In May 2008, an IBJ first training was held and gathered key criminal justice stakeholders. Eleven months later on 22nd of April 2009, a new criminal code was promulgated by the President of the Republic. For the first time, torture was recognized as a crime.
Even though we still have a way to do, progress is noticeable, the use of torture is decreasing, the national awareness is raised through IBJ radio programs and police, lawyers, prosecutors, judges and prison officials meet in IBJ criminal justice roundtables where they discuss on how to address collectively the issue of using torture as method of investigation and how to provide counsel to every accused. And not so far than this Wednesday 21st December, IBJ fellows and volunteer lawyers were in the prison of Mpimba (Bujumbura) where they met 76 indigent accused of crime, detainees who could otherwise afford themselves a lawyer. That work took place in a hot and overcrowded prison, occupied at more than 380% of its capacity. I believe support to these committed defenders could help every accused person have access to counsel at the earliest stage of arrest and this could abolish definitely the use of torture. You can join us to make it happen.

[AuroraEB]

12:06 AM on 12/24/2011

I am currently working with IBJ in China, and while the path to securing the accused with early access to counsel and protection from investigative torture may seem long, I see how Karen's vision helps people on a daily basis. Accused persons under our pilot projects are meeting with attorneys earlier, police officers are becoming more open to fair investigation methods, judges are looking for alternatives to incarceration for juveniles, and, moreover, defense attorneys are growing more confident in their role as advocates and human rights protectors.

Working here reminds me every day that the actions of just one person, Karen in this case, can truly make a difference when others take a leap of faith and are willing to join in their cause.
Aurora Bewicke

[wpiv926]

08:14 PM on 12/23/2011

This lady is so re-freshing. I wish she were in congress or something. We need more smart people like her in government.

[pinkibus]

06:28 PM on 12/23/2011

It wpuld be nice if we could stop torture but one feels it is more difficult than coming to-gether. Dubya and Cheney et al approved of torture and a lot of Americans opposed it. But that didn't have any effect. The real argument against torture is the fact that a person who is tortured will say whatever he thinks will stop the torture. False confessions mean the guilty go free. A good interrogator can get the answers without anything other than words. Too bad Dubua didn't know that and so cheney and Rumsfeld etc had their desire to torture made legal by using a lawyer to mangle the words and msde torture deveoped used by the Spanish inquisitorss okay.

[dschiff]

02:31 PM on 12/23/2011

The 19th century saw the end of slavery, except that there are more slaves today than ever before in human history.

Same with torture. Make it illegal, sure. That in no way means that countries, organizations, intelligence agencies and extremist groups are going to stop torturing.

[sliyanage]

07:39 AM on 12/26/2011

I am very confident that you are going to be proven wrong! It is not just making torture or slavery illegal that would bring such practice to an end, but relentlessly working to end such practices. Changing laws itself do not end cruel practices. If you listen to the speech above and read the article carefully, it is all about ending a practice and that CAN be done, if we have more people BELIEVE it it and WORK for it.

[opentrial]

12:41 PM on 12/23/2011

I have met many inmates who were tortured - seen the broken bones, backs that were black and blue from beatings, scars on calves from bullet wounds, etc. I have seen how violence corrupts legal processes, so that bribery and extortion can also hold sway, rather than justice. If Karen Tse and IBJ can save just one person from torture, then they are are to be commended. In fact, they are saving many, many more.

Legal system dysfunction (of which torture is symptomatic) is a blight on societies, countries and humanity; but it does not often make headline news in the mainstream media. Further, it does not elicit the same emotional empathy as a picture of a starving child, even though such dysfunction may be the root cause of that starvation.

You may not be able to directly prevent torture; but by being part of a global groundswell against torture and other methods that pervert justice, you will be helping to lift millions out of privation and abuse. So, if nothing else, spread the word.