IBAHRI - Annual report - 2012

International Bar Association’s
Human Rights Institute (IBAHRI)
2012 Annual Report

2 International Bar Association’s Human Rights Institute (IBAHRI) 2012 Annual Report
Contents
Foreword from the IBAHRI Co-Chairs 4
CHAPTER ONE: Our work 6
IBAHRI objectives 6
IBAHRI activities overview 7
2012 highlights around the world10
CHAPTER TWO: Core activities 12
Capacity building12
Afghanistan 12
Democratic Republic of Congo 12
Fact finding/rapid response13
Malawi 13
Hungary 13
Georgia14
Myanmar/Burma 14
Trial observations15
Thailand15
Turkey15
Venezuela15
Training 16
Tunisia 16
Angola16
Combating torture in Brazil and Mexico 17
Parliamentary strengthening in Ukraine and Uganda17

International Bar Association’s Human Rights Institute (IBAHRI) 2012 Annual Report3
CHAPTER THREE: IBAHRI task forces, thematic projects and advocacy programmes 18
Task Force on Illicit Financial Flows, Poverty and Human Rights 18
Promoting justice reform in Brazil 19
Regional Congress about the death penalty, Morocco 20
Intervention letters21
News releases22
Southern Africa Litigation Centre23
International Criminal Tribunal for the Former Yugoslavia Fellowship Programme23
CHAPTER FOUR: IBA ICC Programme 24
A year’s overview24
Online resources25
Programme publications 26
Programme events27
CHAPTER FIVE: Conferences and events 28
CHAPTER SIX: Publications and multimedia 34
CHAPTER SEVEN: Looking to the future 38
CHAPTER EIGHT: Governance 40
CHAPTER NINE: Revenue and expenditure 42
MEET THE TEAM 44
INTERNS 2012 48
GLOSSARY OF TERMS 49
Contents

Foreword
T
he IBAHRI has had a remarkable year, as we have
continued to build capacities with under-resourced
bar associations and law societies around the world,
conducted fact-finding missions to four countries, undertaken
trial observations in three jurisdictions, facilitated human rights
training for judges and lawyers in six states, and expanded the
geographical reach and thematic scope of our work.
In early 2012, the IBAHRI launched its latest expert task force,
looking at illicit financial flows, poverty and human rights (see
Chapter Three). As the global financial crisis continues, the
task force was timely. A team of international experts, chaired
by Professor Thomas Pogge of Yale University, US, set out to
examine the impact of illicit financial flows – specifically the
proceeds of corporate tax evasion – on poverty, asking whether
this could constitute a violation of human rights. The task force
held widespread consultations, engaging lawyers, business
leaders, politicians, NGOs and other stakeholders in discussions
on abusive tax schemes, poverty and what this means for human
rights. The findings and conclusions of the task force will be
published in a report in the second half of 2013.
Another important thematic programme is our work on the
abolition of the death penalty, following the adoption of an
IBAHRI Council resolution in 2008, resolving that the Institute
would take active steps to promote worldwide abolition.
In 2012, the IBAHRI participated in the first Regional Congress
about the death penalty, held in Rabat, Morocco. Morocco has
observed an unofficial moratorium on executions for over a
decade and has a strong abolitionist movement; a suitable host
for the first congress in the region. As part of the congress,
we held three seminars for members of the Moroccan legal
profession, focused on the legal arguments for abolition in
Morocco, the drafting of a legal provision to abolish the death
penalty under Moroccan law, and the role of the local and
national bar associations in this process (see Chapter Three).
Following years of alleged human rights abuses, in 2012 the
international community watched as the recently elected civilian
Myanmar (Burma) government progressed with democratic
reforms. The IBAHRI was one of the first international
organisations to enter the country on a fact-finding mission in
August 2012. The IBAHRI delegation was mandated to examine
the reform progress made so far by the Myanmar government,
and the extent to which it adhered to international rule of law
standards, visiting four cities and meeting with more than 100
people, including lawyers, judicial officials, parliamentarians of
the majority party and the opposition, the newly established
National Human Rights Commission, and a wide range of
Foreword from the IBAHRI Co-Chairs
‘Occupy London’ – a peaceful activist group demonstrating against economic inequality in London

Baroness Helena Kennedy QC
Helena is one of Britain’s most
distinguished lawyers. She has spent her
professional life giving a voice to those
who have least power within the system,
championing civil liberties and promoting
human rights. She has used many public
platforms – including the House of Lords,
to which she was elevated in 1997 – to
argue with passion, wit and humanity for social justice. She
has also written and broadcast on a wide range of issues,
including medical negligence, terrorism and the rights of
women and children.
Sternford Moyo
Sternford is the Senior Partner and
Chairman of Zimbabwean law firm
Scanlen and Holderness. He is former
President of the Law Society of Zimbabwe
and of the Southern African Development
Community Lawyers Association (SADC
LA) and he currently sits on the IBAHRI
Task Force on Illicit Financial Flows, Poverty
and Human Rights. Sternford’s area of practice is principally
mining, commercial and corporate law, however, he
regularly assists in cases involving constitutional issues.
civil society stakeholders. The mission report has been widely
disseminated and it is hoped that the IBAHRI’s contribution
will provide a roadmap for continued reform that includes all
sections of Myanmar’s society. The report found that Myanmar’s
future is marked with both great opportunities and challenges,
but that international assistance must be coordinated and
targeted carefully (see Chapter Two).
In 2012, the IBAHRI also undertook two fact-finding missions
to European states – Hungary and Georgia – reminding us
that threats to the rule of law and independence of the
judiciary are also a concern for democratic states (see Chapter
Two). In Hungary, the IBAHRI set out to examine the impact
of a series of controversial legislative reforms, including a
new constitution, which threatened the independence of
the judiciary. The Georgia mission sought to investigate
the challenges and opportunities for the legal profession
in strengthening the rule of law, identifying opportunities
for improvement and making practical recommendations
for operational, institutional and legislative reform aimed at
supporting the independence of the legal profession and
strengthening the rule of law in Georgia.
Another major accomplishment of 2012 was the release of
Another System is Possible: Reforming Brazilian Justice, a
new IBAHRI book telling the story of the silent revolution that
is challenging some of Brazil’s most archaic justice practices
and finding new and innovative justice-reform mechanisms.
Another System brings together the voices of different actors
within the Brazilian justice sector. Published in both English
and Portuguese, the book was launched at the House of Lords
in London and at the Supreme Federal Tribunal in Brasília.
The book is part of a wider IBAHRI project working to combat
torture and to promote good practices in Brazil (see Chapters
Three and Five).
Finally, as always, we would like to express our gratitude to
the immediate past-President of the IBA (2011–2012) Akira
Kawamura, the IBA Executive Director Mark Ellis, the IBA
Council, our fellow IBAHRI Council Members, members of the
IBAHRI who have supported and participated in the IBAHRI’s
work, the IBAHRI staff, providers of funds, partners and all
those who have provided expertise and undertaken pro bono
work on behalf of the IBAHRI. They have all played a significant
role in promoting and facilitating the enormous work done by
the IBAHRI in 2012.
Foreword

CHAPTERONE
T
he IBAHRI works to promote, protect and enforce human rights
under a just rule of law. The IBAHRI believes that the independence
of the judiciary is one of the cornerstones of the rule of law and
works to protect the rights and ability of judges and lawyers to be able to
practise freely and without undue interference.
IBAHRI objectives
• The promotion, protection and enforcement of human
rights under a just rule of law.
• The promotion and protection of the independence
of the judiciary and of the legal profession worldwide.
• The worldwide adoption and
implementation of standards and
instruments regarding human rights
accepted and enacted by the
community of nations.
• The acquisition and dissemination
of information concerning
issues related to human rights,
judicial independence and the
rule of law.
• The practical implementation
of human rights and the rule of
law worldwide, such as through capacity-
building initiatives.
CHAPTER ONE: Our work

Fact finding/rapid response
The IBAHRI undertakes fact-finding missions to countries
where there are signs of deterioration of the rule of law or
threats to human rights or the independence of the judiciary.
Mission reports detailing findings and recommendations of
these visits are widely disseminated to UN bodies, international
governmental and non-governmental bodies, legal
organisations and other stakeholders, and receive coverage
in both national and international media. Mission findings
help to direct the long-term work of the IBAHRI, through the
development of new projects and initiatives (see pages 13–14
for IBAHRI 2012 fact finding).
Training
The IBAHRI believes that sharing expertise and skills across
international boundaries is fundamental to strengthening the
rule of law and supporting lawyers worldwide. The IBAHRI and
the UN produced a core training manual on Human Rights
in the Administration of Justice, which is used in training
workshops around the world. The IBAHRI also undertakes
training in international criminal law, human rights training for
parliamentarians, and on combating torture (see pages 16–17
for IBAHRI 2012 training).
IBAHRI activities overview
Core activities – see Chapter Two
Capacity building
The IBAHRI provides support to under-resourced bar
associations and law societies worldwide, believing that one
of the most valuable tools in ensuring that lawyers maintain
independence and integrity when representing clients is
the creation of self-governing professional associations.
A vital element of this capacity building is the placement
of legal specialists in a particular country to work with the
bar associations or law societies to build on their capacities
through strengthening internal operations, management and
finances; and providing training for staff and building links
with international and regional organisations (see page 12 for
IBAHRI 2012 capacity building).
Trial observations
The IBAHRI sends experts to observe trials around the world to
encourage compliance with fair-trial standards. The practice of
sending trial observers is well-established and accepted within
the international community and helps to ensure the
fair administration of justice, the proper functioning of the
court process and that the right to a fair trial is guaranteed
(see page 15 for IBAHRI 2012 trial observations). CHAPTERONE
Human rights training for parliamentary staff, UkraineVoting for by-laws at the Afghan Independent Bar Association, Kabul

CHAPTERONE
Interventions
The IBAHRI makes representations to governments where there
are concerns that lawyers’ associations or persons involved in
the operation of legal systems have been threatened, detained
or abused – calling for compliance with domestic, regional and
international standards wherever such concerns are raised.
The IBAHRI continues to monitor the progress of the situation
in which it has intervened and, where possible or appropriate,
takes further action (see page 21 for examples of 2012 IBAHRI
interventions).
Task forces, thematic projects and advocacy
Programmes – see Chapter Three
The abolition of the death penalty
The IBAHRI is committed to promoting the abolition of the
death penalty, as laid out in its ‘Resolution on the Abolition on
the Death Penalty’, adopted by the Council of the IBAHRI in
2008 (see page 20 for IBAHRI’s work on the abolition of the
death penalty in 2012).
Sexual orientation and human rights
In 2010 the IBAHRI Council adopted a resolution opposing
discrimination and other breaches of human rights directed at
people on the grounds of their sexual orientation or gender
identity, committing the IBAHRI to promote and protect these
values through its work. Since adopting the resolution, the
IBAHRI has spoken out on a number of lesbian, gay, bisexual
and transgender (LGBT) issues and has worked with the IBA
LGBT Issues Subcommittee to hold legal seminars on related
issues at the IBA Annual Conferences.
Paris Gay Pride paradeImage taken from the cover of the IBAHRI combating torture manual
©OlgaBesnard/Shutterstock.com

CHAPTERONE
Freedom of expression
Since the founding of the IBAHRI in 1995, the IBAHRI has been
committed to promoting freedom of expression worldwide.
In 2008 the IBAHRI launched its Media Law and Freedom of
Expression website (MLFOE) working in collaboration with the
IBA Media Law Committee (see page 37).
IBA International Criminal Court
Programme
The IBA International Criminal Court (ICC) Programme, based
at the Peace Palace in The Hague, monitors fair trial issues at
the ICC and encourages the legal community to engage with
the work of the Court. During 2012, the IBA ICC Programme
remained actively engaged in monitoring developments at the
ICC. Programme representatives attended important meetings
concerning policy and judicial developments at the Court
and participated in key activities on fair trials in international
criminal proceedings (see pages 24–27).
International terrorism
The IBAHRI has been involved in a number of projects looking
at the legal challenges posed by international terrorism and
counterterrorism. The IBAHRI’s most recent work includes the
publication of Terrorism and International Law: Accountability,
Remedies and Reform edited by an expert task force,
comprising world-famous jurists, convened by the IBAHRI to
analyse the considerable developments in international law and
practice. More information on this project and the Task Force
report is available on the IBAHRI website: http://tinyurl.com/
IBAHRI-InternationalTerrorism.
Poverty
Following the passing of the ‘IBAHRI Council Resolution on
Poverty and Human Rights’ in 2010, the IBAHRI has convened
a high-level task force to analyse the links between illicit
financial flows (specifically the proceeds of tax abuse), poverty
and human rights (see page 18).
Image taken from the cover of the IBAHRI report on international terrorism

CHAPTERONE
2012 highlights around the world
Work carried out in 2012
Work carried out prior to 2012
Malawi
The launch of the IBAHRI’s
fact-finding report
concludes that Malawi is
‘on the road to recovery’
– September 2012 page 13.
Combating torture
The distribution of 5,000 copies of the
IBAHRI’s combating torture manual to
public defenders in Brazil – March 2012
page 17.

CHAPTERONE
Morocco
Engaging the Moroccan legal profession in
the first Regional Congress about the death
penalty, held in Rabat – October 2012 page 20.
Myanmar/Burma
The IBAHRI was among
the first international
organisations to visit
Myanmar/Burma on
a fact-finding mission
– August 2012 page 14.
Georgia
The IBAHRI provides concrete
recommendations for
reform to strengthen the
rule of law in Georgia,
in fact-finding report
– December 2012 page 14.

CHAPTERTWO
Democratic Republic of Congo
Throughout 2012, the IBAHRI continued to support the
Lubumbashi Bar Association’s Continuing Legal Education
and Legal Aid Programme, with the placement of a legal
specialist. Lubumbashi is the Democratic Republic of Congo’s
(DRC) main economic centre and is also the country’s second-
largest city; the Lubumbashi Bar represents 800 members of
the legal profession in the DRC’s Katanga province. As part
of the IBAHRI programme, in April 2012, the Lubumbashi
Bar recruited a full-time Coordinator of Continuing Legal
Education and Legal Aid. The IBAHRI legal specialist worked
with the coordinator for a period of four months, during
which they held three successful workshops for members
of the Lubumbashi Bar. The IBAHRI legal specialist and the
programme coordinator also provided expertise and capacity
to build a sustainable programme, which can be maintained
after the legal specialist had completed his term.
The IBAHRI has supported the Lubumbashi Bar since 2010.
For more information on the work of the IBAHRI legal
specialist during the entire mandate, visit the IBA website:
http://tinyurl.com/IBAHRI-DRC.
Funded by the Open Society Initiative for Southern Africa and
the IBAHRI Trust
Capacity building
Afghanistan
In 2012, the IBAHRI assisted
the Afghan Independent
Bar Association (AIBA) in
securing a grant of US$1.2m
from USAID to establish five
regional offices over the
next two years. This grant
will be administered by the
AIBA itself, indicating that
the facilitation work done
by IBAHRI over the last three
years is starting to bear fruit. The IBAHRI is now assisting the
AIBA in securing core funding.
A training programme for women lawyers and newly qualified
lawyers has been implemented, and the AIBA now produces
a fortnightly newsletter for its members. The AIBA Monitoring
Board (which oversees the Code of Conduct and discipline
of lawyers) is being assisted by the IBAHRI in devising fair
investigation procedures. In addition, the IBAHRI and the Max
Planck Institute are conducting a survey of continuing legal
education (CLE) across Afghanistan, with a view to developing
country-wide sustainable CLE for all Afghan lawyers.
The IBAHRI has worked in Afghanistan since 2003, and
was instrumental in drafting the enabling legislation for an
independent bar association and the establishment of the
AIBA in 2008. More information on the IBAHRI’s work in
Afghanistan is available on the IBA website: http://tinyurl.
com/IBAHRI-Afghanistan.
Funded by the British Foreign Commonwealth Office, the
Open Society Foundations, the International Legal Assistance
Consortium, and the IBAHRI Trust.
Afghan Independent Bar Association
General Assembly, Kabul
The Lubumbashi Bar Association
CHAPTER TWO: Core activities

CHAPTERTWO
Hungary
The IBAHRI visited Hungary in March 2012 to examine the
impact of a series of controversial legislative reforms on the
independence of the judiciary, which had come into force at
the beginning of the year. In particular, the mission report
called on the Government of Hungary to respect the decision
of the Hungarian Constitutional Court to repeal new legislative
provisions that lowered the mandatory age of retirement
for judges to 62 years, forcing the immediate retirement of
more than 270 judges. Further, the IBAHRI recommended
that the government promptly set out the procedure for
providing compensation to judges for forced retirement or
swift reinstatement to either their previously held post or a
comparable position.
A full list of conclusions and recommendations in the IBAHRI
report Courting Controversy: the Impact of the Recent Reforms
on the Independence of the Judiciary and the Rule of Law in
Hungary is available on the IBA website: http://tinyurl.com/
IBAHRI-Hungary.
In December 2012, the report was discussed at a panel event,
run by the German Bar Association in Berlin (see page 33).
Funded by the Open Society Foundations
Fact finding/rapid response
Malawi
The IBAHRI undertook a fact-finding mission to Malawi in
January 2012, to research serious concerns regarding violations
of the rule of law, particularly the separation of powers, the
executive’s disregard for the constitution, and lack of observance
of basic human rights. Following the IBAHRI mission, the
President of Malawi died unexpectedly of cardiac arrest.
Following constitutional procedure, Vice-President Joyce Banda
became the new President of Malawi. In light of the delegation’s
original findings, but taking into account developments that
took place following the new President’s accession to power,
the mission report concluded that the state of the rule of law in
Malawi was ‘on the road to recovery’ but that some important
issues still needed to be remedied in order for Malawi to fully
restore the rule of law. The report highlighted the significant
progress made in respect for the rule of law since the change in
presidency in April 2012, and made specific recommendations
for the continued progress of the country.
report Rule of Law in Malawi: The Road to Recovery is available
on the IBA website: http://tinyurl.com/IBAHRI-Malawi.
In September 2012, the IBAHRI held a panel discussion in Lilongwe,
Malawi to discuss the findings and conclusions (see page 32).
Funded by the Open Society Initiative for Southern Africa
Malawi

CHAPTERTWO
Myanmar/Burma
In August 2012, the IBAHRI sent a high-level fact-finding
delegation to Myanmar, to examine the reform progress
made so far by the Myanmar government, and the extent
to which it adhered to internationally recognised rule of law
standards. The fact-finding report, released in December 2012,
urged international organisations and foreign governments
to lend crucial support to the reform process in Myanmar, but
warned that assistance must be targeted carefully, so that
it is inclusive of all sections of the country’s population. The
report disclosed that Myanmar’s future is marked with both
opportunities and challenges; the country’s laws and the 2008
Constitution formally guarantee a number of important rights,
but national institutions frequently lack capacity to give them
effect. The success of future reforms will require the creation
of transparent bodies and processes that effectively safeguard
fundamental rights for all the people of Myanmar – regardless
of gender, ethnicity and other factors – by providing effective
remedies for violations.
report The Rule of Law in Myanmar: Challenges and Prospects
is available on the IBA website: http://tinyurl.com/IBAHRI-
Myanmar.
Funded by the IBAHRI Trust and the Open Society Foundations
Georgia
The IBAHRI fact-finding report on the rule of law in Georgia
found that dramatic changes and significant reforms to
strengthen the rule of law had been achieved since the
country gained independence in 1991; however, serious
concerns relating to the administration of justice remain.
The report highlighted concern over the lack of equality
of arms between the prosecution and defence in criminal
justice proceedings; the judiciary’s insufficient efforts to
ensure that defendants in criminal proceedings are afforded
a fair trial; institutional challenges faced by the Georgian Bar
Association; and cases of serious obstruction to lawyers’ work
in places of detention, particularly, restriction of access and
abuse of clients in detention.
The report also identified opportunities for improvement and
made a number of recommendations for operational, institutional
and legislative reform aimed at supporting the independence
of the legal profession and strengthening the rule of law in
Georgia. A full list of conclusions and recommendations in
the IBAHRI report, Strengthening the Rule of Law: Challenges
and Opportunities for the Georgian Bar, is available on the IBA
website: http://tinyurl.com/IBAHRI-Georgia.
The findings and recommendations were discussed at a panel
event on 3 December 2012 in Tbilisi (see page 33).
Funded by the IBAHRI Trust
IBAHRI mission delegation in Tbilisi, Georgia
IBAHRI mission delegation in Myanmar (L-R): Sadakat Kadri, Nick Cowdery,
Philippe Kirsch and Vitit Muntarbhorn

CHAPTERTWO
Venezuela: The Afiuni trial
The IBAHRI is observing the criminal trial of Venezuelan Judge
María Lourdes Afiuni. Judge Afiuni has been incarcerated
and held under house arrest since 2009 for granting bail to
a political prisoner, applying provisions of the Venezuelan
penal code and taking into account a decision of the UN
Working Group on Arbitrary Detention. Judge Afiuni’s case
has become emblematic of the persecution of judges in
Venezuela. The IBAHRI trial observer attended three hearings
in 2012, all of which were postponed at the last minute.
It has been speculated in Venezuelan media reports that
this was, in part, an attempt to discourage the presence
of international observers. The IBAHRI continues to attend
scheduled hearings.
Funded by the John D and Catherine T MacArthur Foundation
and the IBA PPID Activity Fund
Venezuela: The Graterol trial
In June 2012, José Amalio Graterol – Judge Afiuni’s lawyer –
was detained when he refused to continue with the trial in
the absence of his client, as trials in absentia are not permitted
under Venezuelan criminal law. Mr Graterol was arrested and
charged with obstruction of justice. It is widely speculated that
the charges have been brought against Mr Graterol to frustrate
the defence of Judge Afiuni and as retribution for criticisms he
made regarding threats to the independence of the judiciary
on Venezuelan television. The IBAHRI has sent observers to a
number of hearings in the Graterol trial, all of which have been
postponed. Mr Graterol’s trial is expected to continue in 2013.
Trial observations
Thailand: The Premchaiporn trial
The IBAHRI continued to observe the trial of Chiranuch
Premchaiporn, founder and director of the Prachatai
electronic newspaper. The charges against Ms Premchaiporn,
under Article 15 of the Thai Computer Crime Act, related to
her failure to remove anti-monarchist comments posted on
the site’s message board. The IBAHRI trial observer attended
trial hearings and held a broad range of meetings with the
defence counsel and other stakeholders. The IBAHRI trial
observation report is scheduled to be published in 2013.
Judge Afiuni under house arrest
Turkey: The trial of 46 lawyers
The IBAHRI is undertaking an observation of the trial of 46
Turkish and Kurdish lawyers charged with the offence of
membership of the unlawful organisation Kurdish Communities
Union (KCK), said to be the political wing of the proscribed
terrorist organisation, the Kurdistan Workers Party (PKK).
The arrested lawyers are all affiliated with a law firm that
represents imprisoned PKK leader Abdullah Öcalan. The IBAHRI
trial observers attended the first hearings in Istanbul in July
2012 and November 2012. Hearings are expected to continue
into 2013.

CHAPTERTWO
Angola
In March 2012, the IBAHRI held two four-day training sessions
on international human rights law for 70 members of the
Angolan judiciary, prosecutors and lawyers, at the Angolan
National Institute for Judicial Studies in Luanda.
The IBAHRI worked in cooperation with the Angolan Ministry
of Justice and Angolan Secretary of State for Human Rights to
implement the trainings, which used the Portuguese version
of the UN–IBAHRI training manual Human Rights in the
Administration of Justice. The expert trainers included: Judge
Ireneu Barreto (Portugal), Dr Angela Melo (Mozambique), João
Manuel da Silva Miguel (Portugal), Carlos Weis (Brazil) and
Tomás Simão da Silva (Angola).
Funded by the IBAHRI Trust
Training
Tunisia
The IBAHRI and the CEELI Institute are taking part in a major
training programme under the auspices of the International
Legal Assistance Consortium (ILAC). A series of 30 workshops
will be held, aiming to train the majority of Tunisian judges
in human rights and the function of judges in a democratic
society. The Ministry of Justice of Tunisia is collaborating with
the programme.
The IBAHRI conducted seven rounds of trainings in 2012,
based on the UN–IBAHRI training manual Human Rights in the
Administration of Justice. Each training session was delivered
by a team of international legal experts, including judges,
barristers and academics, to an audience of approximately 30
judges at each session. The training programme will continue
throughout 2013.
If you are interested in becoming a facilitator, please contact
hri@int-bar.org.
Funded by the International Legal Assistance Consortium and
the Swedish International Development Cooperation Agency
IBAHRI judges training, Tunis, April 2012

CHAPTERTWO
Parliamentary strengthening in Ukraine
and Uganda
In January 2012 the IBAHRI and The Westminster Consortium
for Parliaments and Democracy (TWC) held a two-day
workshop as part of a long-term parliamentary strengthening
programme. The workshop on monitoring human rights-
related legislation by the Ukraine Parliament followed the
launch of the Ukrainian translation of the IBAHRI–TWC
publication Human Rights and Parliaments: A Handbook for
Members and Staff, in December 2011.
In May 2012, the IBAHRI participated
in the East Africa Regional Conference
for Parliamentarians, held in Kampala,
Uganda. The conference addressed
the role of parliament and the East
African Legislative Assembly (EALA) in
upholding human rights and the rule
of law in East Africa, and considered
the achievements, challenges and
opportunities, with respect to human
rights, in six East African countries.
Funded by The Westminster Consortium for Parliaments
and Democracy
Combating torture in Brazil and Mexico
The IBAHRI has produced
a training manual entitled
Protecting Brazilians from
Torture, which was used in a
series of pilot trainings in four
Brazilian states. Five thousand
copies of the manual were
launched at an international
conference at the São Paulo Public Defender’s Office and
distributed to public defenders across Brazil. The manual has
also been used in the development of legal education curricula
for use by Brazilian justice institutions.
In 2012, the IBAHRI expanded its work on combating torture
with the implementation of training for judges in Mexico, in
collaboration with the UN Office of the High Commissioner for
Human Rights in Mexico, members of the UN Subcommittee
on Prevention of Torture and Mexican justice institutions. The
IBAHRI trained over 80 federal, state and military judges in
Mexico City and Oaxaca in domestic and international human
rights standards.
Funded by the São Paulo Public Defender’s Office, the British
Foreign Commonwealth Office and the IBAHRI Trust
IBAHRI training with members of the Angolan judiciary, Luanda, March 2012

CHAPTERTHREE
In June and August 2012, the IBAHRI held multi-stakeholder
consultation meetings in Brazil and Swaziland, to obtain
regional perspectives on issues relating to the Task Force’s
mandate. Participants – including tax, mining and criminal law
experts, as well as regional non-governmental organisations
– shared their views about issues relating to the impact of tax
abuse and transnational crime on poverty, and the realisation
of economic and social rights in Latin America and the
Southern Africa region.
In November 2012, the Task Force met in plenary for a second
time during the IBA Annual Conference in Dublin. The Task
Force’s innovative report will be launched at the 2013 IBA
Annual Conference in Boston. For more information on the
work of the Task Force, and for news on the release of the
report, please visit the IBAHRI website: http://tinyurl.com/
IBAHRI-PovertyTaskForce.
Funded by the IBAHRI Trust and the Open Society Initiative for
Southern Africa (OSISA)
Task Force on Illicit Financial Flows,
Poverty and Human Rights
While substantive links have been drawn between human
rights and poverty, and between poverty and illicit financial
flows, comparatively little attention has been paid to
considering tax abuse as a human rights concern. The IBAHRI
convened a task force comprising leading academics, tax
experts and lawyers to analyse how illicit financial flows –
specifically the proceeds of tax abuse – contribute to poverty
and subsequently affect the implementation of economic,
social, and cultural rights across the globe.
The Task Force met in plenary in March 2012, at the IBA
London office, to begin the project. As part of its mandate,
the Task Force has sought to obtain as extensive a range of
perspectives as possible, holding consultations and meetings
with a wide range of stakeholders from across the globe.
CHAPTER THREE: IBAHRI task forces, thematic
projects and advocacy programmes

CHAPTERTHREE
(see page 32) and the Portuguese version was launched during
the Innovare award ceremony for the Justice and Sustainability
prize on 11 November 2012.
In October 2012, the IBAHRI produced a film about a young
offenders’ penitentiary in São Paulo that had been the site of
violent rebellions – in reaction to the institutionalised torture
and ill-treatment at the prison. The film explains how the legal
profession and civil society came together to address these
issues and has been used in IBAHRI trainings across Brazil
(see page 35).
Promoting justice reform in Brazil
As part of its work in Latin America, the IBAHRI has worked in
conjunction with the prestigious Brazilian organisation Instituto
Innovare (Innovare), which works to identify, reward and
disseminate innovative justice reform practices in Brazil.
In 2012, the IBAHRI and Innovare collaborated to award a
special category prize for ‘Justice and Sustainability’. This was
won by Daniel César Azeredo Avelino for his ambitious ‘Green
Municipalities’ project that aims to stop deforestation in the
northern Brazilian state of Pará, through a series of incentive
agreements between the Federal Public Prosecutor’s Office,
state municipalities, banks and rural producers. Since its
inception in 2009, more than 50,000 landholdings and 90 state
municipalities have registered with the scheme, resulting in a
dramatic 40 per cent reduction of deforestation in the region.
The IBAHRI also published Another System
is Possible: Reforming Brazilian Justice,
which describes the ‘silent revolution’ that
is transforming the Brazilian justice system
through innovations. With a preface by
the Brazilian Minister of Justice, the book
contains contributions from actors within
the Brazilian penal system, who reflect
on their own experiences and the wider
applicability of innovative practices throughout the country
and internationally. The English version of the book was
launched at the House of Lords, London on 5 November 2012
(L-R): Minister Dias Toffoli, Member of the Brazilian Supreme Federal Court
and Prosecutor Daniel César Azeredo Avelino

CHAPTERTHREE
In July 2012, ahead of the Congress, the IBAHRI held a closed
consultation meeting with senior members of the Moroccan
legal profession, including lawyers and bar leaders, members
of civil society and ECPM, at the British Embassy in Rabat.
The meeting discussed the practical ways of engaging the
Moroccan legal profession in becoming more proactive in its
efforts to abolish the death penalty, and shaped the IBAHRI’s
work during the Congress.
The IBAHRI continues to support the Moroccan Bar Association
in achieving abolition in the country.
A short docu-film of sessions and interviews at the Congress
is available on the IBAHRI website: http://tinyurl.com/
Morocco-Film-DP.
Funded by the British Embassy in Rabat, the Ministry of Foreign
Affairs of Spain and the IBAHRI Trust
First Regional Congress about the death
penalty, Morocco
The first Regional Congress about the death penalty in the
Middle East and North Africa (MENA) region took place in
October 2012, in Rabat, Morocco. Organised by the French
organisation Ensemble Contre la Peine de Mort (ECPM) in
partnership with the IBAHRI, the Organisation Marocaine
des Droits de l’Homme and the Coalition Marocaine Contre
la Peine de Mort (CMCPM), the Congress brought together
490 participants from across the region, for three days of
seminars, workshops and roundtable discussions, with the
aim of establishing a clearly defined approach to develop
political, legal, sociological and religious arguments in favour of
abolition. The IBAHRI held three seminars for members of the
Moroccan legal profession, discussing the legal arguments for
the abolition of the death penalty in Morocco; the drafting of
a legal provision to abolish the death penalty in Moroccan law;
and the role of bar associations in abolishing the death penalty.
Regional Congress about the abolition of the death penalty, Rabat, opening ceremony

CHAPTERTHREE
Case study – United Arab Emirates
In 2011, at the IBA Annual Conference in Dubai, the IBAHRI
hosted a panel discussion on the independence of the judiciary
and the ‘UAE 5’ – the trial of a group of pro-democracy
activists being tried under state security procedures before
the UAE’s Federal Supreme Court. Following the conference,
the IBAHRI wrote to the UAE authorities in 2012, expressing
concern over the reported arbitrary arrest and detention of
human rights defender Saleh al-Dhufairi. Following further
reports of mounting intimidation, harassment and deportation
of human rights lawyers in the UAE, the IBAHRI issued a news
release calling on the authorities to make a public statement
on the whereabouts of detained human rights lawyers, their
treatment in detention and the reasons for their arrest. The
IBAHRI is deeply concerned by the worsening situation for
human rights lawyers in the UAE and calls for those illegally
detained to be released immediately.
Intervention letters
In 2012, the IBAHRI wrote 22 intervention letters to 12
governments, following reports that lawyers’ associations or
persons involved in the operation of legal systems had been
threatened, detained or abused.
Case study – Iran
In June 2012, the IBAHRI wrote to the Iranian authorities
regarding the arrest and imprisonment of Mr Abdolfattah
Soltani, a human rights lawyer in Tehran. According to reports
received by the IBAHRI, Mr Soltani’s arrest was a result of his
legitimate professional duties as a lawyer, providing pro bono
legal counsel to journalists, teachers, protesters, other fellow
human rights lawyers, political activists, students, and several
Bahá’í (Iranian minority group) leaders in Iran. In 2012, Mr
Soltani was awarded the IBA Human Rights Award for his
courage and commitment to human rights and the rule of law
in Iran (see page 31). The IBAHRI continues to be in contact
with Mr Soltani’s family and hopes that he will be released in
the near future.
Abdolfattah Soltani IBAHRI panel session on the ‘UAE 5’, Dubai

CHAPTERTHREE
News releases
A selection of 2012 news releases:
IBAHRI calls for the
immediate release
of Malawian lawyer
Ralph Kasambara
20 February 2012
Arrest of Darfur Bar Association
members of concern to IBAHRI
3 July 2012
Detention
of Judge
Afiuni’s lawyer,
José Amalio
Graterol,
condemned
by IBAHRI
8 June 2012
IBAHRI
calls for
inclusion of
justice and
the rule of
law in post-
2015 UN
development
agenda
10 December 2012
IBAHRI welcomes
acquittal of
Anwar Ibrahim
and calls on
Malaysia to
decriminalise
homosexual acts
12 January 2012
IBAHRI calls
on Sri Lankan
Government to
promote rule of
law and prevent
harassment and
intimidation
of judges and
magistrates
26 October 2012
IBAHRI calls for an end to intimidation,
deportation and detention of human rights
lawyers in the United Arab Emirates
6 December 2012
IBAHRI condemns
recent setback to
the independence
of lawyers in
China
23 March 2012

CHAPTERTHREE
Southern Africa Litigation Centre
In 2012, the IBAHRI has continued work with the Southern
Africa Litigation Centre (SALC). SALC is a joint initiative of
the IBAHRI and the OSISA and was the first organisation in
the region to provide assistance to lawyers running cases
based on human rights and the rule of law.
SALC’s programme
areas include: HIV/AIDS,
international criminal justice,
media defence, prisoners’
rights and the right to
information. SALC provides
regular training for lawyers
on constitutional, human
rights and rule of law issues;
promotes awareness of
human rights litigation as an advocacy tool; provides capacity-
building opportunities; and supports advocacy for human
rights and constitutionalism. It also facilitates the development
of regional networks of lawyer and legal and human rights
organisations aimed at strengthening the rule of law,
constitutionalism, and human rights.
For more information on all SALC’s work and projects, visit the
website at: www.southernafricalitigationcentre.org.
ICTY fellowship programme
For the past seven years, the IBAHRI has sponsored four fellows
to work full-time for one year at the International Criminal
Tribunal for the former Yugoslavia (ICTY), in The Hague,
the Netherlands. The fellows assist the judges and staff of
the Appeals Chambers with research and drafting for cases
pending on the Appeals Chambers docket. They work under
the supervision of the President of the ICTY and senior legal
officers of the Appeals Chambers.
Funded by the Karl Popper Foundation
UN Tribunal for war crimes in the former YugoslaviaWomen walking to Salima’s market, Malawi
©africa924/Shutterstock.com

CHAPTERFOUR
T
he IBA International Criminal Court (ICC) Programme, based at the
Peace Palace in The Hague, monitors fair trial issues at the ICC and
encourages the legal community to engage with the work of the
Court. The Programme is supported by the IBAHRI Trust.
CHAPTER FOUR: IBA ICC Programme
A year’s overview
2012 was a dynamic year for the IBA ICC Programme. A number
of the programme activities coincided with the ICC’s celebration
of its tenth anniversary. Among other things, the Programme
organised two events featuring high-profile Court officials and
counsel; participated in court-organised workshops on key
issues; produced a monitoring report on counsel matters at the
ICC; and commented on topical issues at the Court.
The Programme Manager participated as an expert panellist in
key conferences during the year, including a high-level panel
discussion organised by the Women’s Initiatives for Gender
Justice, which featured the Chief Prosecutors of the ICC, the
ICTY and the President of the Assembly of States Parties; a two-
day expert symposium organised by the Open Society Justice
Initiative and Leiden University, entitled ‘The Law and Practice
of the International Criminal Court: Achievements, Impact and
Challenges’; and a seminar on the role of the International
Prosecutor organised by the Asser Institute in The Hague.
As part of the wider global legal community focusing on ICC
issues, the programme collaborated with other organisations
and academic institutions in relation to specific projects. From
April to May 2012, the programme hosted two students as
part of a special project jointly organised by Brandeis University
in the US and Leiden University in the Netherlands.
The programme maintains an interesting webpage dedicated to
ICC issues, which include the Case Watch webpages; Fair Trial
Digest – an eSummary of fair trial developments at the Court and
a compilation of programme activities, press releases and events.
The Peace Palace, The Hague

The Ngudjolo case
At the end of 2012, the ICC concluded its second trial,
acquitting Mathieu Ngudjolo Chui, a Congolese national. The
Court unanimously found that the prosecution failed to prove
beyond a reasonable doubt that Mr Ngudjolo was criminally
responsible for war crimes and crimes against humanity. The
judges’ decision not to convict was based on the insufficiency
of the evidence presented by the prosecution, raising
concerns about the quality of prosecution investigations. The
IBA ICC Programme issued a news release noting that the
judgment was consistent with well-established principles of
due process and the rule of law.
Fair Trial Digest
Throughout 2012, the IBA ICC Programme issued bi-monthly
eReleases on fair trial issues. Fair Trial Digest includes periodical
case summary updates on ICC decisions and pleadings related to
fair-trial matters. Fair Trial Digest is available to download on the
IBA website at: http://tinyurl.com/IBAICC-FTD.
CHAPTERFOUR
Online resources
Case watch
The IBA ICC Programme Case Watch webpages host
up-to-date information on cases before the ICC, including
background to the cases, key decisions, and analysis of
fair trial issues: http://tinyurl.com/IBA-ICC-CaseWatch.
FEATURED CASES
The Lubanga case
2012 was a milestone year for the ICC, marking the tenth
anniversary of its establishment, and the conclusion of the
Court’s first trial. The ICC’s first defendant, Thomas Lubanga
Dyilo, was found guilty of conscripting, enlisting and using
child soldiers younger than 15 years of age in hostilities in the
Democratic Republic of Congo during 2002 and 2003. The
IBA ICC Programme issued a news release in March 2012,
recognising the judgment as a symbolic achievement for the
ICC. Although hampered by several procedural challenges, the
case attested to the integrity of ICC proceedings, making a
significant contribution to international justice.
Thomas Lubanga Dyilo
Mathieu Ngudjolo Chui
Photos©ICC-CPIMichaelKooren

in conducting investigations in situation countries, particularly
those that are not States Parties to the Rome Statute.
The report also highlighted a pressing need to ensure that
the views, experiences and concerns of counsel are taken
into account in relation to major legal and policy decisions
undertaken by the ICC.
Importantly, the report encourages the legal profession to
do more to bolster support for the ICC at the national level
in keeping with the principle of complementarity, including
through promoting ratification of the Rome Statute and the
Agreement on Privileges and Immunities of the International
Criminal Court (APIC).
A full list of findings and recommendations in the IBAHRI
report can be accessed on the IBA website: http://tinyurl.
com/IBAICC-Reports.
CHAPTERFOUR
Programme publications
Counsel Matters at the International Criminal
Court: A Review of Key Developments
Impacting Lawyers Practising before the ICC
In a report released in November 2012
– in commemoration of the tenth
anniversary of the establishment of the
ICC – the IBA praised the significant
contribution made by the legal profession
to the ICC’s success over the past decade
and urged lawyers to continue assisting
the Court to fulfil its mandate.
While commending the work of the Registry in supporting
counsel, the report identified a number of unique challenges
encountered by lawyers in their efforts to effectively represent
victims and defendants before the Court, such as the difficulty
Counsel Matters at the
International Criminal Court:
A Review of Key Developments Impacting
Lawyers Practising before the ICC
November 2012
An International Bar Association’s Human Rights Institute (IBAHRI)
Report Supported by the IBAHRI Trust
IBA/ICC Programme
The ICC in session

CHAPTERFOUR
Raising the bar: Assessing the relationship
between lawyers and the ICC after ten years
and charting the way forward
In November 2012, the IBA ICC Programme held a panel
discussion to launch its report Counsel Matters at the ICC: The
role of lawyers in establishing international criminal courts and
safeguarding their legacy, during the 11th Assembly of States
Parties (ASP) meeting, in The Hague.
The audience included delegates of States Parties and
Observer States attending the ASP, ICC officials, lawyers,
and members of civil society organisations. During the event,
Judge Sanji Mmasenono Monageng, First Vice-President of
the International Criminal Court, made a keynote address
praising the contribution of lawyers to the work of the ICC and
challenged the legal profession to remain steadfast in its role as
guardian of the rule of law.
Other speakers included: Silvana Arbia, ICC Registrar; Xavier-
Jean Keita, Principal Counsel at the Office of Public Counsel
for the Defence; Catherine Mabille, lead defence counsel
for Thomas Lubanga Dyilo; and Raymond M Brown, legal
representative of victims for the situation in Darfur, Sudan.
Programme events
Representing justice: The role of lawyers in
establishing international criminal courts and
safeguarding their legacy
In May 2012, as part of the IBA’s 7th Annual Bar Leaders’
Conference, the IBA ICC Programme hosted a high-level panel
discussion on the role of lawyers in establishing international
criminal courts and safeguarding their legacy.
The session was chaired by Akbar Khan, Director of the Legal
and Constitutional Affairs Division, Commonwealth Secretariat,
and expert speakers included: Courtenay Griffiths QC, lead
counsel for Charles Taylor; Karim Khan QC, lead counsel for
Francis Muthaura (Kenya), Abdallah Banda and Saleh Jerbo
(Sudan); Mark Ellis, Executive Director of the IBA; and Lorraine
Smith Van-Lin, Programme Manager at the IBA ICC Programme.
Panellists shared the challenges and successes in representing
victims and defendants, interpreting novel legal principles and
contributing to the building of the jurisprudential architecture
of these courts.
The Assembly of States Parties 11th Meeting, The World Forum Theatre, The Hague, November 2012
©CIICRobertaCeli

cleared of the IRA Guildford and Birmingham bombings cases;
and Ian White, International Programme Director of the Glencree
Centre for Peace and Reconciliation. The session provided a
unique opportunity to discuss the various judicial and non-
judicial measures implemented by different countries in order
to redress the legacy of human rights violations in times of
transition from conflict.
This session was filmed and is available to watch online at:
www.ibanet.org/Conferences/peace_after_terror.aspx.
CHAPTERFIVE
IBA Annual Conference, Dublin
This year’s IBA Annual Conference took place in Dublin,
Ireland, 30 September – 5 October 2012. The IBAHRI
presented sessions on keynote human rights issues related to
the legal profession.
IBAHRI showcase session – Peace after terror:
rules or reconciliation
On Monday 1 October, the IBAHRI presented its showcase
session Peace after terror: rules or reconciliation? Chaired by
Juan E Méndez, UN Special Rapporteur on Torture, the panel
comprised experts in the field, including Martin McGuinness,
Deputy First Minister of Northern Ireland and key figure in the
negotiation of the Good Friday Agreement; Justice Richard
Goldstone, former judge of the Constitutional Court of South
Africa, and Head of the UN Fact-Finding Mission on the Gaza
Conflict; Michael Mansfield QC, counsel for the defendants
DUBLIN 30 SEPTEMBER – 5 OCTOBER 2012
INTERNATIONAL BAR ASSOCIATION
ANNUAL CONFERENCE
CHAPTER FIVE: Conferences and events
Deputy First Minister of Northern Ireland Martin McGuinness

CHAPTERFIVE
IBAHRI and IBA Judges Forum session –
When worlds collide: judicial independence
and the democratic process
The IBAHRI co-presented a session with the IBA Judges Forum
entitled When worlds collide: judicial independence and the
democratic process. In particular, the session discussed the
case of the ‘Iowa judges’, in which three judges failed to be re-
elected following an unpopular decision on same-sex marriage.
The high-level panel – including Marsha Ternus, former Chief
Justice of the Iowa Supreme Court, US; Chief Justice Susan
Denham, Supreme Court of Ireland; Judge Gerard Hogan,
High Court of Ireland; The Hon Michael Kirby, former Judge
of the High Court of Australia; and Judge Ann Power-Forde,
European Court of Human Rights, France – discussed what
the response of the judiciary and the organised bar should be
when politicians and lobby groups threaten to use democratic
processes such as elections, recalls and impeachments to
intimidate judges and limit judicial independence.
IBAHRI and LGBT Issues Subcommittee
session – The tie that binds: same-sex
marriage, civil unions, or just friends?
Why the difference matters
The IBAHRI co-presented a session on same-sex marriage,
with the IBA LGBT Issues Subcommittee. Marriage between
same-sex partners is recognised in an increasing number of
jurisdictions, while others have introduced civil unions and
many do not recognise same-sex unions at all. There are
numerous legal issues created by this international patchwork
of jurisdictions, especially when partners move from one
jurisdiction, which recognises their union, to another, which
does not. An expert panel, including The Hon Michael Kirby,
Australia; Senator David Norris, National Parliament, Ireland;
and D’Arcy Kemnitz, National LGBT Bar Association, US,
addressed the legal issues from various perspectives, including
employment law, anti-discrimination law, immigration law and
human rights.
IBA Annual Conference, Dublin (L-R): Michael Mansfield QC, Ian White, Juan E Méndez, Richard Goldstone, Martin McGuinness, Akira Kawamura,
Alex Wilks, Baroness Helena Kennedy, Sternford Moyo, Tim Hughes

CHAPTERFIVE
Interview with Juan E Méndez,
UN Special Rapporteur on Torture
On 2 October, the IBA presented a live lunchtime interview
with Juan E Méndez, UN Special Rapporteur on Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
Moderated by Todd Benjamin, award-winning former CNN news
anchor, Mr Mendez, who is a former co-chair of the IBAHRI,
spoke about his lifetime of work in the field of human rights,
as well as his most recent contribution as UN Special Rapporteur.
A national of Argentina, Mr Méndez was himself a victim of
torture and administrative detention during the Argentinian
‘dirty war’. As a result of his involvement in representing
political prisoners, he was detained by the Argentinian military
dictatorship for over a year, during which time he was adopted
as a ‘prisoner of conscience’ by Amnesty International. He is a
leading voice in the international community against the use of
wrongfully obtained evidence by states, insisting that evidence
obtained by the use of torture should not be legally admissible
and that each state has a duty to cooperate in the eradication
of such practices.
Mr Mendez’s inspiring interview can be watched on the
IBA website at: www.ibanet.org/Conferences/Juan_
Mendez_2012.aspx.
Juan E Méndez and Todd Benjamin

CHAPTERFIVE
Human Rights Award
The IBAHRI was delighted to announce Mr Abdolfattah Soltani
as the winner of the 2012 IBA Human Rights Award.
The Award recognises outstanding achievement by a lawyer,
making a substantial contribution to the promotion and
advancement of human rights. Each year, the Award is
presented during the Rule of Law Symposium at the IBA
Annual Conference.
Mr Soltani was unable to attend the conference, as he is
currently serving a 13-year prison sentence relating to his role
in establishing the Defenders of Human Rights Centre (DHRC)
and other human rights activities. Mr Soltani’s daughter, Maede
Soltani, and his lawyer, Mahnaz Parakand, travelled to Dublin
to collect the award on his behalf. Ms Soltani and Ms Parakand
delivered a heartfelt acceptance speech, which included part of
a letter sent by Mr Soltani from his jail cell in the notorious Evin
Prison, Iran.
The IBA Human Rights Award is generously sponsored by
WINNER’s PROFILE
Co-founder of the DHRC with Nobel Peace Prize winner Shirin
Ebadi, Mr Soltani has worked courageously and determinedly
throughout his career to provide pro bono legal counsel to
those in need and, as a result of his human rights defence
work, has endured persistent persecution from the Iranian
government and has been imprisoned on several occasions.
Mr Soltani’s 14-year prison sentence, resulting in part from
co-founding the DHRC, began on 4 March 2012.
Among Mr Soltani’s high-profile cases are: Nasrin Sotoudeh, a
journalist and human rights lawyer; Akbar Ganji, a human rights
activist, who exposed the involvement of several government
officials in the murder of intellectuals and journalists in the
1990s; and Zahra Kazemi, a Canadian–Iranian journalist arrested
for taking photographs of Evin prison in July 2003. Ms Kazemi
died in the same prison several days later. Mr Soltani has also
defended teachers, protesters, other human rights lawyers,
political activists, students, and several Bahá’í (Iranian minority
group) leaders. In many instances, other lawyers refused to
participate in these cases because of the risks involved.
Maede Soltani accepting the IBA Human Rights Award on behalf of her father

CHAPTERFIVE
Book launch – Another System is Possible:
Reforming Brazilian Justice
In November 2012, the IBAHRI launched Another System is
Possible: Reforming Brazilian Justice at the House of Lords,
London. The IBAHRI book is part of its combating torture
programme and tells of the ‘silent revolution’ transforming
the Brazilian justice system. The launch brought together
representatives from the UK government, the Brazilian
Embassy, participant Brazilian organisations and other relevant
stakeholders. The event was also reported by Brazilian network
Globo TV and broadcast across Brazil.
Speakers included:
Baroness Helena Kennedy QC IBAHRI Co-Chair (Host)
Minister Alexandre Parola Minister of Political Affairs,
Embassy of Brazil in London
Kate Smith Director, Americas, British Foreign
Commonwealth Office
Lord Daniel Brennan QC President of Canning House,
the Hispanic and Luso Brazilian Council
The launch event was filmed and speeches can be watched on
the IBAHRI website: http://tinyurl.com/alcvdem.
Panel discussions
Panel discussion and report launch – Rule of
Law in Malawi: The Road to Recovery
In September 2012, the IBAHRI held a high-level panel
discussion in Lilongwe, Malawi, to launch its fact-finding report
Rule of Law in Malawi: The Road to Recovery. The expert panel
discussed the significant progress made in respect of the rule of
law in Malawi since the change in the presidency in April 2012,
as well as looking at some of the challenges that remain in
order to fully restore the rule of law in Malawi.
The panel comprised:
Richard Lee Communications Manager, Open Society Initiative
for Southern Africa (OSISA) (Moderator)
Tinoziva Bere President of the Law Society of Zimbabwe,
IBAHRI mission delegate
Marshal Chilenga Malawi Human Rights Commission
John-Gift Mwakhwawa President of the Malawi Law Society
Baroness Helena Kennedy, House of Lords, London

CHAPTERFIVE
Panel discussion with the German Bar
Association – Lawyers for Human Rights
in Europe: Current Situation in Hungary
In December 2012, the IBAHRI participated in a high-level
panel event, organised by the German Bar Association and
Amnesty International, discussing the current human rights
situation in Hungary, in light of recent legislative reforms in the
country. IBAHRI Senior Programme Lawyer, Alex Wilks, spoke at
the event about the findings of the IBAHRI fact-finding mission
to Hungary in 2012 and the impact of recent legislative reforms
on the independence of the judiciary and the current status of
lawyers in Hungary.
Keynote address:
Sabine Leutheusser-Schnarrenberger German Federal
Minister of Justice
Dr Volker Weichsel Editor of the Berlin journal Osteuropa
(Moderator)
Alex Wilks IBAHRI Senior Programme Lawyer, London
Professor Dr Jerzy Makarczyk Former judge at the European
Court of Human Rights and the European Court of Justice,
Warsaw
Balázs Dénes Lawyer and Executive Director of the Hungarian
Civil Liberties Union, Budapest
Panel discussion and report launch –
Strengthening the Rule of Law: Challenges
and Opportunities for the Georgian Bar
In December 2012, the IBAHRI launched its fact-finding report,
Strengthening the Rule of Law: Challenges and Opportunities
for the Georgian Bar, in Tbilisi. The launch of the report was
timely, following the recent parliamentary elections and change
of administration in Georgia. Speaking at the event, the Deputy
Minister of Justice, Aleksandre Baramidze, thanked the IBAHRI
for its comprehensive analysis of many of the pressing challenges
facing the rule of law and the administration of justice and made
a clear commitment that the new Georgian government would
take concrete steps to ensure the implementation of the report’s
key recommendations.
Shane Keenan IBAHRI Programme Lawyer (Moderator)
Aleksandre Baramidze Deputy Minister, Ministry of Justice of
Georgia
Tamar Chugoshvili Chair of the Georgian Young Lawyers
Association
Zaza Khatiashvili Chairman of the Georgian Bar Association
Michael Lynn Mission Delegate
Joseph Middleton Mission Delegate
Tbilisi, Georgia Budapest, Hungary

CHAPTERSIX
Publications overview
CHAPTER SIX: Publications and multimedia
Rule of Law in Malawi:
The Road to Recovery
(fact-finding mission report)
August 2012
Courting Controversy: the Impact
of the Recent Reforms on the
Independence of the Judiciary
and the Rule of Law in Hungary
September 2012
Another System is Possible:
Reforming Brazilian Justice
November 2012
Counsel Matters at the International
Criminal Court: A Review of Key
Developments Impacting Lawyers
Practising before the ICC
(monitoring report)
November 2012
Strengthening the Rule of Law:
Challenges and Opportunities
for the Georgian Bar (fact-finding
mission report)
December 2012
The Rule of Law in Myanmar:
Challenges and Prospects
December 2012

CHAPTERSIX
Films and interviews
Representing justice: the role of
lawyers in establishing international
criminal courts and safeguarding
their legacy
May 2012
Peace after terror: rules
or reconciliation
October 2012
A conversation with Juan E Méndez,
UN Special Rapporteur on Torture
October 2012
Interview with Baroness Helena
Kennedy QC
October 2012
Regional Congress about the death
penalty, Morocco
October 2012
The Forgotten: FEBEM, Young
Offenders and Human Rights
October 2012

CHAPTERSIX
IBA Global Insight
IBA Global Insight (IGI) is the IBA’s
flagship magazine. Published
six times a year and distributed
to all members of the IBA, IGI
contains articles covering topical
legal and business issues, as well
as highlighting IBA initiatives and
activities. IBA Global Insight also
provides news on IBAHRI activities,
see the IBA website: http://
tinyurl.com/brfbdwm.
Websites
IBAHRI website
www.ibanet.org/IBAHRI.aspx
The IBAHRI website provides up-to-date information on all
IBAHRI activities, events, news and publications.
Newsletters and magazines
Legalbrief Africa
www.legalbrief.co.za
Legalbrief Africa is a
free and innovative
IBA electronic news
diary that delivers
a succinct weekly
summary of important
African legal news to
lawyers across Africa
and the rest of the
world. The publication
ensures that African lawyers have easy access to news from
across the continent as well as providing the international legal
community with up-to-date information on issues affecting
African lawyers.
IBA E-news
IBA E-news is a monthly newsletter that is distributed
electronically to all IBA members. The newsletter is a digest
of activities undertaken by the IBA and the IBAHRI. It provides
a forum to profile forthcoming projects; and commentary on
areas of concern and issues of relevance to the international
legal community.

CHAPTERSIX
Media Law and Freedom of Expression
www.mlfoe.org
Launched in January 2009, the Media Law and Freedom of
Expression (MLFOE) website was set up by the IBA Media Law
Committee and the IBAHRI to encourage information sharing
between media lawyers throughout the world. Its aim is the
creation of a strong global network, which will allow media
lawyers to support and learn from each other. It provides expert
opinion articles on freedom of expression issues and access to
relevant and contemporary resources.
Twitter
http://twitter.com/IBAHRI
Follow the IBAHRI on Twitter for updates on
our current activities, events and publications.
Facebook
http://facebook.com/IBAhumanrights
Follow the IBAHRI on Facebook for updates on
our current activities, events and publications.
Rule of Law Directory
www.roldirectory.org
The International Rule of Law Directory, set up by the IBAHRI,
provides users with links to organisations working on rule of
law issues.
It is the first centralised, fully searchable, online database
of entries by organisations engaged in the rule of law
work throughout the world and acts as an invaluable tool
for anyone establishing and implementing rule of law
programmes. It provides a brief description of the work
undertaken by the organisation; contact details, including
internet links; and other relevant resources.
Fact-Finding Guidelines
www.factfindingguidelines.org
This website provides access to the ‘Fact-Finding Guidelines’
produced by the IBAHRI and Raoul Wallenberg Institute, which
were launched on 1 June 2009. In addition, it offers information
on the rationale behind the guidelines, their formulation, and
the individuals and organisations who have endorsed them.

CHAPTERSEVEN
Legality of drones
The use of drones has become a divisive
and controversial human rights issue over
the last year. In 2013, the IBAHRI will look
into the legality of drones in counter-
terrorism measures; whether their use
is contrary to human
rights and what the legal
profession should be doing
in this regard. The IBAHRI
will discuss these issues
during one of its keynote
sessions at the IBA Annual
Conference in Boston.
Sudan
The IBAHRI, with funds provided by the Baring Foundation, will
undertake a new project focused on women’s rights in Darfur.
The project aims to train Darfur lawyers
on women’s rights and international
and African human rights mechanisms,
enabling them to become trainers
who will facilitate training in remote
communities in the Darfur regions.
CHAPTER SEVEN: Looking to the future
© hdptcar on Flickr
I
n 2013 the IBAHRI will continue to build capacities, lobby for change and
highlight issues of international concern. Several of our core activities
and thematic programmes are long-term projects that will continue
into 2013. In addition, the IBAHRI will look to expand the scope and
geographical reach of its activities. Upcoming new projects include:

CHAPTERSEVEN
Universal Periodic Review
In 2013, the IBAHRI will run a pilot project to monitor the
UN Universal Periodic Review (UPR) Process in Geneva. The
project is timely as the UPR has
just entered its second cycle,
where all Member States have
received recommendations and
must now implement them.
© Martin Lehmann/Shutterstock.com
Egypt
Following the IBAHRI 2011 fact-finding
mission, the IBAHRI is looking in 2013
to follow up on the
report’s findings and
recommendations,
through the
implementation
of training and
capacity-building
programmes.
Poverty and human rights
In 2013, the IBAHRI will launch the report of its Task Force
on Illicit Financial Flows, Poverty and Human Rights. The
anticipated report draws together the findings
and recommendations from the Task Force’s
analysis. This analysis is based on widespread
consultation and research into how illicit
financial flows impact on poverty, and as
such are a human rights concern, and the
resulting duties of the legal profession.
Bahrain
The IBAHRI has received funding from the
European Commission to engage in activities
supporting the implementation of
the recommendations of the Bahraini
Independent Commission of Inquiry
report concerning the Istanbul
Protocol. A preliminary scoping mission
was undertaken in the final quarter of
2012, where the IBAHRI met with key
stakeholders and conducted a needs
assessment for upcoming activity.

CHAPTEREIGHT
About the IBAHRI
The IBAHRI was established in 1995. It works across the IBA to
promote, protect and enforce human rights under a just rule of
law and to preserve the independence of the judiciary and the
legal profession worldwide.
The IBAHRI is headed by Director Dr Phillip Tahmindjis AM,
and comprises 11 members of staff. The IBAHRI formed part
of the IBA’s Public and Professional Interest Division (PPID) but
remains autonomous and financially independent, subject only
to the supervision of the IBA President, the IBAHRI Council and
the IBA Management Board. The IBAHRI is governed by a set
of by-laws, which apply to its activities, procedures and the
appointment of its officers.
The IBAHRI Council is directed by its Co-Chairs: Sternford Moyo,
former President of the Law Society of Zimbabwe, and Baroness
Helena Kennedy QC, distinguished UK human rights lawyer.
About the IBA
Established in 1947, the IBA is the world’s leading organisation
of international legal practitioners, bar associations and
law societies, influencing the development of international
law reform and shaping the future of the legal profession
throughout the world. It has a membership of 40,000
individual lawyers and more than 200 bar associations and law
societies spanning all continents.
The IBA is governed by the Council of the Association and its
President. The overall operation of the organisation falls under
the management of the Executive Director, Mark Ellis, and the
Management Board. The IBA’s administrative office is located in
London, England.
CHAPTER EIGHT: Governance
A banquet marking the first conference of the IBA, New York, October 1947

CHAPTEREIGHT
Clara Sandoval Colombia
Claudia Sayago Argentina
Elisabeth Sioufi Lebanon
Mark Stephens CBE UK
Richard Goldstone South Africa (Honorary President)
Akira Kawamura Japan (ex officio)
Juan Méndez Argentina (ex officio)
Martin Šolc Czech Republic (ex officio)
Divisions Representatives
Sylvia Khatcherian US
Peter Maynard Bahamas
IBAHRI Trust
Graeme Kirk UK
Julia Onslow-Cole UK
Fernando Peláez-Pier Venezuela
Anne Ramberg Sweden
Mark Stephens CBE UK
IBAHRI Council 2012
Co-Chairs
Baroness Helena Kennedy QC UK
Sternford Moyo Zimbabwe
Vice-Chair
Hans Corell Sweden
Secretary-Treasurer
Stephen Macliver Australia
Council
Moses Adriko Uganda
Nasser Amin Egypt
Carlos Ayala Venezuela
Christine Chinkin UK
Yasushi Higashizawa Japan
Philip Jeyaretnam Singapore
Hon Michael Kirby AC CMG Australia
Anne Ramberg Sweden

CHAPTERNINE
Open Society Foundations
Open Society Foundation Southeast Asia Initiative
Open Society Initiative for Southern Africa
Open Society Justice Initiative
Swedish Ministry for Foreign Affairs
The Westminster Consortium for Parliaments
and Democracy (DfID)
United Nations Democracy Fund
The Open Society Foundations and its affiliated bodies have
provided major support from our very first grant in 2001
(for our investigation into threats to the independence of
the judiciary in Zimbabwe), to the present day. We would
like to extend our particular gratitude to the Open Society
Foundations, without whom our work over the years would
simply not have been possible.
Other extensive help has been provided by the John D and
Catherine T MacArthur Foundation, the International Legal
Assistance Consortium, the Swedish Ministry for Foreign Affairs
and the British Foreign Commonwealth Office.
We would also like to extend our gratitude to all the judges,
lawyers, prosecutors and academics, who participate in the
IBAHRI’s work, and share their experiences and expertise with
colleagues worldwide on a pro bono basis.
Support and assistance
The IBAHRI continues to build a strong name within the
international community for its work and commitment to human
rights, the rule of law and the legal profession. As such, the
IBAHRI is recognised and supported by a number of international
funding bodies. Without the support of these bodies, the IBAHRI
would be unable to fulfil its mandate and carry out its work.
The IBAHRI would like to acknowledge generous financial
support and assistance from the following bodies:
British Foreign and Commonwealth Office
Danish International Development Agency
IBA Eligible Fund
IBA Foundation Inc
IBAHRI Trust
IBA PPID Advisory Fund
International Legal Assistance Consortium
John D and Catherine T MacArthur Foundation
(the MacArthur Foundation)
Karl Popper Foundation
Law Society of England and Wales Charitable Trust
Media Legal Defence Initiative
CHAPTER NINE: Revenue and expenditure

CHAPTERNINE
Regional expenditure
Americas
Asia
Europe
Middle East and North Africa
Sub-Saharan Africa
Worldwide
Thematic expenditure
Capacity Building
Fact-Finding
Thematic
Training
Trial Observations

MEETTHETEAM
Marie-Pierre Olivier Senior Programme
Lawyer
Marie-Pierre is a lawyer and member of the
Quebec Bar. She started her practice in a
Montreal law firm and then spent four years
at BMO Financial Group in Montreal, first as a
manager of the diversity and workplace equity
programme and then as a human resources
consultant. In 2005, she lived in Rwanda for a
period of six months, working with two local women’s rights
NGOs. She then successfully completed an LLM in International
Human Rights Law at the Irish Centre for Human Rights at the
National University of Ireland, Galway. After an internship with
the IBA’s ICC Monitoring Programme in The Hague, she joined
the IBAHRI as a Programme Lawyer in 2008. At the IBAHRI,
Marie-Pierre has been working mostly on projects taking place
in Africa and has organised missions to the Cameroon, the
DRC, Malawi and Zimbabwe, and is overseeing the IBAHRI
training programme in Tunisia.
Alex Wilks Senior Programme Lawyer
Alex is a UK-qualified lawyer and has
experience in domestic and international
human rights litigation. He also worked as a
parliamentary legal officer in the UK House
of Lords advising on human rights issues and
international law and between 2007–2008
was the IBA legal specialist in Afghanistan
where he worked to establish Afghanistan’s first national bar
association. At the IBAHRI, Alex covers Latin America and
projects in Afghanistan, Bahrain, Timor-Leste, Hungary, Libya,
and Sri Lanka. Alex speaks French, Portuguese and Spanish
and has an LLM in International Human Rights Law from the
University of Essex, UK.
Dr Phillip Tahmindjis AM Director
Phillip has degrees in Arts and Law from the
University of Sydney, a Master of Laws degree
from University College London, and a Doctorate
from Dalhousie University, Canada. Admitted
to the bar of New South Wales in 1978, for 25
years Phillip was a professor of human rights,
teaching and researching in Australia, North
America and Hong Kong. He has been a consultant to private
industry and government with respect to the implementation
of human rights (particularly with respect to anti-discrimination
measures) and is the editor of four books and the author of
several articles in this area, the most recent being Sexuality and
Human Rights: A Global Overview (Haworth Press, 2005). At the
IBAHRI he has undertaken projects in Afghanistan, Bhutan, East
Timor, Iraq, Libya, Nepal, Pakistan, Swaziland and Syria. He was
for three years a member of the Queensland Anti-Discrimination
Tribunal and is a trained mediator. In September 2012, Phillip
was invested as a Member of the Order of Australia (AM) for
meritorious service to the international legal community and for
his contributions to, and advocacy in respect of, the promotion
and protection of human rights.
Fiona Wilson Director (until October 2012)
Fiona holds a BA in Economics and Social
History from the University of Bristol. After
working at the Confederation of British Industry,
she joined the IBA as Assistant to the Executive
Director. On the official inauguration of the
IBAHRI in 1995, she was seconded to run it
and was its only full-time member of staff for
the next four years. She was appointed Director in 1999 with
responsibility for the IBAHRI’s development and oversight of
its programmes and grant-funded projects. She herself has
participated in several projects in countries including Angola,
Cameroon, Iran, Malawi, Nepal and Zimbabwe, as well as
representing the IBAHRI at IBA events worldwide. Fiona has a
certificate in Human Rights from the International Institute of
Human Rights in Strasbourg.
MEET THE TEAM

MEETTHETEAM
Shirley Pouget Programme Lawyer
(on maternity leave from November 2012)
Shirley is a qualified lawyer, with over nine years’
experience working for international NGOs.
She joined the IBAHRI as a programme lawyer
in 2010, following an internship at the IBA ICC
Programme in The Hague. At the IBAHRI, she has
led fact-finding missions to Myanmar/Burma and
Syria and organised trial observations in Thailand.
Shirley is responsible for the IBAHRI’s Task Force on Illicit Financial
Flows, Poverty and Human Rights, and leads the IBAHRI’s work on
the death penalty. Before joining the IBAHRI, Shirley worked as a
cabinet member of André Vallini, President of the Isère Council,
France where she advised on French justice reform. During
2006–2007, she was the Scientific Programme Director of the 3rd
World Congress Against the Death Penalty, Paris. She has travelled
extensively in Eastern Europe and the Balkans while researching
Roma issues in Budapest. Shirley holds a French degree in Law
(LLB) and a PGDip in Civil Crisis Management and Humanitarian
Law from the University of Law in Aix-en-Provence, France. She
has authored published reports on international justice and the
death penalty.
Shane Keenan Programme Lawyer
(from September 2012)
Shane joined the IBAHRI in September 2012 and
his portfolio currently includes the management
of fact-finding missions to Georgia, Egypt
and Sri Lanka and the implementation of
a programme of human rights training for
parliamentarians. Prior to joining the IBAHRI,
Shane worked for a number of years as a Child
Protection and Juvenile Justice Advisor with UNICEF in Tanzania
where he played a leading role in the drafting and enactment
of the Zanzibar Children’s Act 2011. Shane’s professional
experience also includes working with Ireland’s Department of
Foreign Affairs and as a Legal Caseworker with Ireland’s Refugee
Legal Service. Shane holds an LLM in International Human Rights
Law from the Irish Centre for Human Rights and a Bachelor of
Law Degree from University College Dublin. Shane is a member
of Lincoln’s Inn and has completed the Bar Professional Training
Course in London.
Lorraine Smith van Lin Programme Manager,
IBA ICC Programme
As ICC Monitor, Lorraine assesses the
implementation of the Rome Statute, the
ICC Rules of Procedure and Evidence,
and related documents in the context of
relevant international standards. Research
and consultations are documented in widely
circulated reports and findings. Lorraine has
had over 12 years’ experience as a former senior prosecutor
in Jamaica and sat as a judge of the Magistrate’s Court in
Jamaica for two years. She was nominated by the Chief
Justice of Jamaica to sit on a panel of experts to conduct
a review and reform of the Jamaican justice system. At an
international level, Lorraine has acted as an independent
trial observer for the IBA in Equatorial Guinea and was on a
panel of experts at an IBA training workshop for judges and
prosecutors in Ankara, Turkey. Lorraine holds a LLB from the
University of the West Indies and an LLM in International
Human Rights Law from the University of Essex, UK.
Caroline Howard Programme Lawyer
(until August 2012)
Caroline’s portfolio at the IBAHRI includes
management of the Egypt fact-finding mission,
the Westminster Consortium’s Parliamentary
Strengthening Programme and a human rights
training project in Angola. Since 2004, Caroline
has worked on a range of human rights and
humanitarian aid projects for the UN and local
and international NGOs in Afghanistan, Brazil, Darfur and the UK.
From 2007–2010, she was deployed to Afghanistan with the UN
Assistance Mission in Afghanistan as a human rights officer where
she led UN research on civilian casualties in Southern Afghanistan.
She later managed two legal aid and information centres assisting
internally displaced persons and refugees for the Norwegian
Refugee Council in North Afghanistan. Caroline holds an LLM in
International Human Rights Law from Essex University, UK; a BA
in History from Queens’ College, Cambridge University; and a
Graduate Diploma in Law from City University, London. Caroline
speaks Portuguese.

MEETTHETEAM
Caitriona Harte Acting IBAHRI Programme
Administrator
Caitriona holds an LLB in Law and European
Studies, with a minor in politics from the
University of Limerick, Ireland. She also holds a
LLM in International Law from the University of
Edinburgh, Scotland. Caitriona joined the IBAHRI
in December 2010 in the IBAHRI Assistant role
– during this year she assisted in coordinating
trial observations, which include Thailand and Zimbabwe; and
fact-finding missions to Egypt, Syria, Venezuela and Zimbabwe.
She has also supported human rights trainings across Asia, Europe
and Latin America and facilitated human rights training for Iranian
lawyers in South Africa. In 2012, Caitriona was promoted to
Acting Programme Administrator, managing IBAHRI grants, the
administration of training programmes for judges and lawyers,
fact-finding visits, rapid-response missions, trial observations
and the IBA Hague Office. She also coordinates the IBAHRI
interns, performs ad hoc research and represents the IBA on the
International Law Book Facility. In 2012, Caitriona travelled to
South Africa, Swaziland and Zimbabwe, facilitating the IBAHRI
Task Force on Illicit Financial Flows, Poverty and Human Rights’
regional consultation process. She has also provided additional
support in the organisation of the launch of the IBAHRI Myanmar
report, as well as coordinating trial observations in Thailand,
Turkey and Venezuela.
Aurora Garcia IBAHRI Assistant (part-time)
Aurora has a BA in Tourism from the University
of Girona, Spain, and a Masters in Secretarial
Management from Secretaria Plus in Barcelona.
She has worked in the tourism industry for
four years and as a legal PA. She moved to
London from Barcelona in 2009 and joined
the IBA in August 2009. Aurora assists with
the coordination of trial observations; rapid response missions;
and training and capacity building programmes. In 2012
Aurora travelled to Dublin to assist with the coordination and
organisation of the second plenary meeting of the IBAHRI Task
Force on Illicit Financial Flows, Poverty and Human Rights.
Mahmuda Ali Manager, IBAHRI Programme
Administration (on maternity leave January
2012–2013)
Mahmuda has coordinated rapid response
missions to several countries including Bolivia,
Fiji, Pakistan, Russia, Uganda and Zimbabwe.
Mahmuda has managed high-profile trial
observations in Japan, Thailand and Zimbabwe;
trainings and workshops in legal aid and
international criminal law in Cambodia and
Iran. Mahmuda represents the IBA on the International Law
Book Facility committee, a book charity initiative administered
voluntarily in conjunction with several partner organisations
including LexisNexis, Clifford Chance, the Law Society of England
and Wales and 3 Verulam Buildings. She holds a PGDip/CPE in
Law from London Guildhall and a BA (Hons) in History from the
University of London and has worked at Freedom from Torture
and Amnesty International in Oslo.
Louise Ball Communications Administrator
Louise joined the IBAHRI in September 2010.
Her responsibilities include overseeing IBAHRI
interventions, news releases and the abolition
of the death penalty campaign, maintaining
the IBAHRI website, and coordinating IBAHRI
publications and events. Louise also supports
the IBA ICC Programme in The Hague. In
2012, Louise has provided additional support to the IBAHRI
Task Force on Illicit Financial Flows, Poverty and Human Rights
and the IBAHRI’s sessions at the IBA Annual Conference in
Dublin. Louise has a BA in Anthropology and French from the
University of Sussex, and is currently working towards an LLM
at the Open University. She spent one academic year at the
Université de la Réunion, France, and spent one year teaching
English in French primary schools.

MEETTHETEAM
Jagan Devaraj IBA Web Content
Applications Developer
Jagan manages the update, design and
functionality of the IBA website. He has
developed new online business processes
and programmes for both the IBA and the
IBAHRI. Jagan holds a degree in Physics and
has undertaken a range of courses, building
expertise in internet technologies, multimedia
and film. Despite Jagan’s technical qualifications, he has
extensive professional experience working in community
development and human rights and enjoys working with
the IBAHRI on web and film-based projects. In 2012, Jagan
travelled to Morocco to film and produce the IBAHRI’s short
docu-film on the first Regional Congress about the abolition
of the death penalty; Jagan also filmed the launch of the
IBAHRI book on Brazilian justice reform at the House of Lords.
Emily Silvester IBA Content Editor
Emily gained her LLB in Law and BA in
English from the University of Otago, New
Zealand. During her degrees she completed
an exchange at the University of British
Columbia, Canada. Emily joined the IBA in
February 2011 from her previous role as an
editor at LexisNexis. Her portfolio at the IBA
includes a range of multimedia publications, with a focus on
IBAHRI content, as well as media law and energy and natural
resource law. Emily enjoys overseeing a wide variety of IBAHRI
media – from high-level reports and books, to photography
and film, to articles for the IBA website and IBA Global
Insight. Emily has a special interest in human rights and
international sustainable development law.
Lauren Sakuma IBAHRI Assistant
Lauren has an MA in International Affairs,
Conflict Resolution and Civil Society
Development from the American University
of Paris (AUP) and a Master 1 certificate in
Political Science Programme, International
Relations from the Sorbonne University, Paris.
Lauren holds a BSc in International Studies and
French from the State University of New York at Oneonta, US.
Lauren joined the IBAHRI in January 2012, working three days
a week assisting in the coordination of fact-finding missions,
trial observations and capacity-building projects. Two days
a week, Lauren works with the IBAHRI Director on research
projects and grant reporting. In 2012 Lauren travelled to
Morocco to provide additional support in the facilitation of the
first Regional Congress about the Death Penalty in Morocco,
and assisted in the securing of funding for the IBAHRI’s
forthcoming project in Bahrain.
Richard Atkin Grant Accountant
Richard currently enjoys UK part-qualified
accountancy status and will be a fully qualified
Certified Chartered Accountant upon
completion of his final exams in June 2013.
After receiving his Accounting Technician
qualification (AAT), he joined the finance
department of the IBA and worked as an
assistant to the Finance Director in the preparation of the
IBA’s statutory accounts. In June 2008, he accepted the role of
IBAHRI Grant Accountant and works closely with the IBAHRI in
accounting for grant expenditure, monitoring of project budgets,
cost controls and the production of final and interim reports for
the IBA’s grant funders.

INTERNS2012
Hanna van den Berg UK
Jacqueline Greene US
Juan Zarama Colombia
Kate Maxson US
Katlyn Kraus US
Linda Ngesa Kenya
Maria Guzewska Poland
Maria Rocio Cotarelo Jimenez Spain
Matej Hamran Slovakia
Matthew Hunt UK
Noor Ashraf Pakistan
Oliver Oldman UK
Rachel Harper US
Raquel Perez Spain
Sarah Walker UK
Tanguy Ruellan France
Valentina Morello Italy
T
he IBAHRI is extremely grateful to all interns who
participated in the internship programme in 2012.
We would like to thank them for their valuable
contribution in supporting the staff and the projects undertaken
by the IBAHRI. Each intern was placed for three to six months at
the IBAHRI and worked on a range of research-based tasks.
Aleisha McLean Canada
Anabel Butler UK
Ashton Simmons US
Catherine Dorion Canada
Daniel McLeod US
Deepa Gopalakrishnan UK
Diana Brown Russia
Etienne Pic France
Farhana Mukith UK
Francis Conway UK
Gabriela Maldonado-Colmenares Colombia
George Dvaladze Georgia
Grace Cheng Canada
INTERNS 2012

GLOSSARYOFTERMS
AIBA Afghan Independent Bar Association
CEELI Central and East European Law Institute
CMCPM Coalition Marocaine Contre la Peine de Mort
DfID Department for International Development
DHRC Defenders of Human Rights Centre
DRC Democratic Republic of Congo
ECPM Ensemble Contre la Peine de Mort
EU European Union
IBA International Bar Association
IBAHRI International Bar Association’s
Human Rights Institute
ICC International Criminal Court
ILAC International Legal Assistance Consortium
GLOSSARY OF TERMS
LGBT Lesbian, gay, bisexual and transgender
MENA Middle East and North Africa
MLFOE Media Law and Freedom of Expression
PPID Public and Professional Interest Division
SADC Southern Africa Development Community
SALC Southern African Litigation Centre
TWC The Westminster Consortium for Parliaments
and Democracy
UK United Kingdom
UN United Nations
UPR Universal Periodic Review
US United States
IBA Annual Conference 2013 Opening Ceremony, Dublin

The International Bar
Association’s Human
Rights Institute (IBAHRI)
The International Bar Association’s Human Rights Institute (IBAHRI), established
in 1995, has become a leading global force in human rights, working to promote
and protect the independence of the judiciary and the ability of lawyers to
practice freely and without interference under a just rule of law. The IBAHRI
runs training programmes and workshops, capacity building projects with bar
associations, fact-finding missions, trial observations; issues regular reports and
press releases disseminated widely to UN bodies, international governmental and
non-governmental organisations and other stakeholders; and undertakes many
other projects working towards its objectives.
All our activities are funded by grants and individual donations.
Become a member for just £40 a year – less than £4 a month – to help support our projects.
Your contribution will have a tangible effect on the protection and promotion of human rights
around the world.
Visit www.ibanet.org/IBAHRI.aspx for more information, and click join to become a member.
Alternatively, email us at hri@int-bar.org.
Our work around the world
Work carried out in 2012 Work carried out prior to 2012

Order now from the IBA online shop: http://tinyurl.com/ibaterrorismtaskforce
International Bar Association
4th floor, 10 St Bride Street, London EC4A 4AD, United Kingdom
Tel: +44 (0)20 7842 0090 Fax: +44 (0)20 7842 0091
Email: publications@int-bar.org Website: www.ibanet.org
Please include your mailing address on all emails.
Terrorism and International Law:
Accountability, Remedies and Reform
A Report of the IBA Task Force on Terrorism
Accountability, Remedies, and Reform
A RepoRt of the IBA tAsk foRce on teRRoRIsm
teRRoRIsm And
InteRnAtIonAl lAw
Edited by the IBATask Force
hhJ Richard Goldstone, hhJ eugene cotran, Gijs deVries,
Julia A hall, Juan e méndez, Javaid Rehman
ElIzABETh STuBBInS BATES
2
The IBA’s Task Force on International Terrorism was convened to examine the developments
in international law and practice in this dynamic and often controversial area. The Task Force
comprises world famous jurists and is chaired by Justice Richard Goldstone.* This book
provides a global overview of counter-terrorism, including but not restricted to the US-led
‘war on terror’, by considering case law and examples of state practice from all continents.
*Other members: Professor Judge Eugene Cotran, Mr Gijs de Vries, Ms Julia A Hall, Mr
Juan E Méndez and Professor Javaid Rehman, Elizabeth Stubbins Bates (author).
Issues covered include:
• the framework of international conventions against terrorism
• international humanitarian law
• international human rights law
• the investigation and prosecution of terrorist crimes
and of international crimes committed in the course
of counter-terrorism
• reform in counter-terrorism
• victims’ right to a remedy and reparations
The book closes with Conclusions and Recommendations from the Task Force focusing on
how the international community can ensure respect for human rights and the rule of law
when responding to the threat of terrorism.

International Bar Association
4th floor, 10 St Bride Street
London EC4A 4AD
Tel: +44 (0)20 7842 0090
Fax: +44 (0)20 7842 0091
Email: hri@int-bar.org
www.ibanet.org/IBAHRI

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