Success Stories
You can access and download all the success stories in PDF format here: Success stories.
Setting Standards for Capital Defense in China – Robin Maher, Director, American Bar Association Death Penalty Representation Project
In 2010, three provincial-level bar associations in the Chinese provinces of Shandong, Henan, and Guizhou issued death penalty representation guidelines as official policy guidance in their provinces. The guidelines apply to all lawyers under the supervision of the respective bar associations. Bar associations are now taking steps to ensure that the representation guidelines are implemented effectively in order to improve the quality of criminal defense in death penalty cases.
The American Bar Association (ABA) Death Penalty Representation Project and ABA Rule of Law Initiative China program have been working closely with the All China Lawyers Association, individual defense lawyers, and academics in China since 2003 in connection with the development of these representation guidelines. The ABA has unique and extensive expertise in this area as the author of the Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“ABA Guidelines”), adopted by the organization in 1989 and revised in 2003. The ABA Guidelines currently represent the national standard of care for criminal defense in death penalty cases.
Lawyer associations in China are now using professional practice standards to standardize and elevate the quality of criminal defense provided in death penalty cases. The pioneering lawyers associations in Shandong, Guizhou, and Henan have examined the process through which the ABA Guidelines gained mainstream acceptance in the US and the ways in which the ABA Guidelines have been employed to provide better protection for criminal defendants and their legal advocates. This is an excellent example of how lawyers can work together across borders to improve standards of legal representation in capital cases.
Visiting your client in jail: The Case of Ahmed Khan – Sarah Belal, Director, Justice Project Pakistan
Ahmed (not his real name) was charged with blasphemy, a capital crime, in Pakistan. When we were first assigned to his case, the first thing we did was arrange a jail visit to meet him. Although this should be a regular legal/investigative practice, it is quite uncommon to visit your client in jail in Pakistan. A simple visit put us in touch with the jail superintendent who has now become a close ally of our chamber. We are now granted unfettered access to our client and can meet him unmonitored on any given day for any length of time; which is also unusual in Pakistan.
Meeting our client in jail on a regular basis helped us in two ways:
1. We discovered he had long been suffering from mental illnesses that had never properly been diagnosed and would never be evident to someone who met him once or twice.
2. We were allowed to bring in our own international medical expert to the jail to evaluate our client. This evaluation was then presented in court and endorsed by local doctors.
3. Based on our investigations into Ahmed’s family, we were able to piece together his social history and tell a story of his mental illness.
Ahmed’s case taught us how far using the simplest of practices can take us. We now have international and local experts testifying that our client is mentally ill which will, of course, go a long way in proving our client is not guilty of the charges.
Developing a good relationship with your clients: Chairs in Malawi
In Malawi, during meetings in prison, detainees were not given chairs to sit in, while prison staff provided a chair for lawyers. This created distance and power relations between client and lawyer, as one person was on the floor while the other was on a chair. One day a group of lawyers asked for chairs for the detainees. When they were refused, the lawyers began a peaceful resistance, refusing to sit on the chairs provided and sitting on the floor. This show of solidarity made it easier for them to gain the trust of their clients. Moreover, the prison staff, embarrassed by this situation, ended up bringing chairs for everyone the very next day. Since then, detainees are always given a chair when they meet with their lawyers.
Defending an accused in a terrorism case
In Cameroon, a counter-terrorism law passed in December 2014 makes certain so-called terrorist offenses punishable by death and gives military courts jurisdiction to deal with these cases, even when the accused are civilians. In these cases, lawyers have great difficulty gaining access to the accused persons and can only consult their files briefly before the hearing begins.
The case of Moctar Amadou and Salissou Moussa, sentenced to death on flimsy evidence for a non-violent offense described as “terrorism,” is emblematic of the troubling deficiencies that can arise in terrorism prosecutions. Moctar Amadou and Salissou Moussa, accused of providing medical treatment to Boko Haram fighters, were sentenced to death in April 2016 by the military court in Maroua solely on the basis of a political rival’s statement to the police. The indictment relied entirely on hearsay evidence, namely the written police report containing the denunciation of the village chief and other villagers. None of the accusers saw the defendants treating Boko Haram fighters. Furthermore, none of the accusers testified at the trial, which did not allow the defense to challenge their testimony, which is a right of the accused guaranteed by Article 14(3)(e) of the ICCPR. Moctar Amadou and Salissou Moussa were exonerated on appeal thanks to the determination of their families, who covered the legal, investigative, and transportation costs of several witnesses who established the alibis of the accused. This example illustrates the importance for the lawyer to closely examine the circumstances of the crime and to develop exculpatory evidence in a context where the judicial investigation is botched.
Notification of rights: Case of Ebolle Ekalle Hélène v. Soul Bienvenu (Cameroon) – Nestor Toko Monkam, President of the Network of Cameroonian Lawyers against the Death Penalty
During a police investigation, a person suspected of a crime punishable by death was questioned without prior notification of her right to be assisted by counsel and her right to remain silent. When her lawyer examined the file, he noticed that the hearing minutes did not mention these rights. He therefore asked the court to annul the minutes of the preliminary investigation and all subsequent acts because of the failure to notify his client of her rights. This omission was particularly important because it allowed the minutes of the hearing on which the charge was based to be quashed. The client was found not guilty for lack of evidence and was acquitted.
The rights of detainees – Fatimata Mbaye, President of the Mauritanian Association for Human Rights
The quantity and quality of meals provided to prisoners can have a significant impact on their morale and physique, as well as their defense. For example, in Mauritania, prison meals are normally served at noon. If the detainee has to go to court at 7 a.m. and does not return until late afternoon, he or she will miss the only meal of the day. In one case, a defendant remained silent in front of the court’s questions, had his head down and looked very sad. The prosecutor got upset. The lawyer then asked her client, “Did you eat this morning?” He replied that he had not eaten for four days. The lawyer then challenged the court, pointing out that an accused person could not be asked to answer the court’s questions when he or she had not received food for several days. The president immediately adjourned the session and asked the prosecution to take care of the detainee’s food. This example shows the importance of denouncing the lack of food for detainees.
The right to a lawyer: The Lajili case – Nédra Ben Hamida, Tunisian Lawyer
In Tunisia, in the Lajili case, the lawyers appealed to the Working Group on Arbitrary Detention because their client was being illegally detained while awaiting trial. Although the client was not facing the death penalty, the same principles apply as in a death penalty case. The Working Group found violations of several due process rights, including the right of the accused to be assisted by his or her lawyer during interrogation, a right protected by Article 14(3)(d) of the ICCPR. The Tunisian government had not provided any evidence to show that the accused had waived this right. Furthermore, the State did not justify the reasons for Mr. Lajili’s arrest and thus violated Article 9 of the ICCPR which requires the State to produce an arrest warrant to justify the arrest and subsequent detention of a person. In addition, the length of Mr. Lajili’s pre-trial detention had exceeded the prescribed time limits. The Working Group also denounced the violation of the United Nations Standard Minimum Rules for the Treatment of Prisoners due to the ill-treatment of Mr. Lajili, including the poor management of his failing health. The Working Group concluded that Mr. Lajili’s continued deprivation of liberty was arbitrary in that it violated Articles 9 and 10 of the Universal Declaration of Human Rights and Articles 9 and 14 of the ICCPR and called on the government to release him immediately. The government initially did not cooperate, but Mr. Lajili was eventually released.
Using medical reports to challenge the prosecution’s theory in Guinea – Labila Michel Sonomou, Président Avocats Sans Frontières Guinée
In a case involving seven police officers accused of beating a thief to death, I used medical reports to successfully challenge the prosecution’s theory of the case. When the victim was transported to the hospital, doctors failed to specify the cause of death. Their omission was particularly important in this case, since other evidence indicated that the victim suffered from a pre-existing illness.
In the absence of any expert opinion by a medical examiner, I argued that the prosecution could not prove that the police officers were responsible for the victim’s death. I asked the court to order the exhumation of the victim’s body so that it could be properly examined by an appropriate expert. Seeing as there was no means by which this could be carried out, the court was persuaded by my argument. Two of the accused were acquitted outright, four were given a two-year suspended sentence, and the commanding officer was sentenced to a 15- year prison term.
Winning the Case Through Investigation
In one murder case in Malawi, the legal team was able to corroborate their client’s self-defense claim through investigation. None of the police reports indicated that the defendant had acted in self-defense and this information was not included in the defendant’s statement to the police. Nevertheless, the defendant insisted that he had been attacked by the alleged “victim.” He swore that when he was arrested, he had stab wounds to the back of his head and the back of his arm. He showed his lawyers the scars.
Armed with this information, his lawyers tracked down the police officer who had arrested him. A paralegal from the region knew the police officer and located him at a roadblock. When interviewed, the police officer confirmed that the defendant had serious, deep wounds at the time of his arrest. At trial, the police officer was compelled to tell the truth about the defendant’s wounds.
The defendant also testified in his own defense. After hearing all the evidence, the court acquitted the defendant of all charges.
The importance of rigorous investigation: The Case of Shabbir Zaib (Pakistan) – Sarah Belal, Director, Justice Project Pakistan
Shabbir Zaib was a dual British-Pakistani national charged with murdering his wife in 2009. Shabbir’s wife was killed during a home invasion by a criminal gang (known as “dacoity” in Pakistan). The robbers entered their house, tied up Shabbir and his family, and when his wife refused to stay quiet, shot her in the head and killed her. Soon after the incident, Shabbir’s mother-in-law (at the behest of her sons), changed her initial statement to the police and accused Shabbir of shooting his wife.
As a dual national, Shabbir was considered quite wealthy in his village and, like most foreign nationals of Pakistani origin with no strong ties to the community or the police, was a prime target for extortion. By framing Shabbir for the murder of his wife, his in-laws sought to gain control over his property.
By actively investigating the case and meeting each and every person associated with it, we were able to mount considerable pressure on the Complainant. With each trip that our investigators made into his village, the word spread that Shabbir’s defense team was asking questions. Soon, the prosecution’s witnesses became so nervous about the truth coming out that they opted to withdraw their statements accusing Shabbir of the murder and to settle the case under Shariah law.
This case demonstrates how rigorous investigation can reverse the power dynamics in favor of a defendant and eventually lead to his acquittal.
Creative Investigation Wins Cases
Navkiran Singh, an Indian lawyer, once represented a client accused of killing his wife. Through his investigation, Navkiran discovered that several of the wife’s relatives had committed suicide, supporting his theory that the victim had taken her own life. Discussions with family members also led them to produce the wife’s diary, which further supported the defense argument that the wife had committed suicide.
In order to find witnesses to one death penalty case, Taiwanese lawyer Yi Fan worked with a family that made flyers and posted them on the street.
In one case in the United States involving a Mexican defendant, lawyers obtained the help of the Mexican consulate to search for a witness using radio broadcasts.
And, in a Malawian case in which the client had been mistakenly identified and arrested under another name, investigators created a photo array of prisoners and took it to the village in order to correctly identify the wrongly arrested man. Ha was subsequently released from prison after serving 11 years o, death row for another person’s crime.
Establishing your client’s age through testimony – Liévin Ngondji Ongombe Taluhata, President of the NGO “Culture pour la Paix et la Justice
In 2002, a law in the Congo excluded the possibility of sentencing minors to death. A child soldier whose age was unknown and who had no identity card or birth certificate was subject to the death penalty. We called his teacher and pastor to testify that he was a minor. It was then up to the Military Justice Prosecutor to prove that these allegations were false. We succeeded in proving with these testimonies that he was a minor and the child was not sentenced to death.
Establishing your client’s age through the prosecutor – Fatimata Mbaye, President of the Mauritanian Association for Human Rights
Fatimata Mbaye, a Mauritanian lawyer, was convinced that her imprisoned client was a minor. However, his file was lost during his transfer. The prosecutor claimed that the child was of age. Fatimata Mbaye asked him to go to the prison himself to see how young the child was. The prosecutor finally went to the prison and found that the accused was a minor.
Proving that your client has a mental illness – Fatimata Mbaye, President of the Mauritanian Association for Human Rights
Fatimata Mbaye, a Mauritanian lawyer, was handling the appeal of a client sentenced to death. The client’s mother had indicated that her son was mentally ill, but she had no documentation to prove it. Fatimata Mbaye went to the prison to see him, but her client refused to see her. She then asked the warden to mention that her client was ill and requested that he be allowed to have a medical consultation. She also made inquiries of his family and his treating physician, who sent her a medical certificate stating that her client had been followed for a period of time, but without a diagnosis of his condition. This was not enough to prove the existence of the mental disorder, but it was added to the file and the judge of the Court of Appeal took this document into account and decided to order a medical evaluation.
The Right to a Fair Trial: The Case of Bwampamye v. Burundi
In Bwampamye v. Burundi, the African Commission ruled that the judge’s refusal to grant the accused a postponement of the hearing to allow his sick lawyer to come and plead was contrary to the rights of the defense. The Commission found “that the judge should have granted the defendant’s request given the irreversible nature of the sentence” (the defendant was sentenced to death at the end of the hearing). “The commission considered that by refusing to grant the defendant’s request for a postponement, the Court of Appeal violated the right to equal treatment, one of the fundamental principles of the right to a fair trial. The Commission found that Burundi had violated the provisions of Article 7(1)(c) of the African Charter and requested that Burundi reconsider the case.
Mitigating circumstances (Uganda and Malawi)
In Uganda, the Foundation for Human Rights Initiative (FHRI) assists legal aid lawyers in conducting capital case investigations. Recognizing that legal aid lawyers are often unable to conduct sufficient research and investigation prior to trial, FRHI interviews the prisoners, gathers mitigating evidence, and passes on the complete file to the lawyers responsible for representing the accused in court -Doreen Lubowa, Foundation for Human Rights Initiative.
In Malawi, the Malawi Human Rights Commission and the Paralegal Advisory Service have worked together to implement two Malawi Supreme Court decisions that overturned the mandatory death penalty and required all those automatically sentenced to death to receive new sentencing hearings. Together, these two organizations have conducted mitigation investigations in 168 cases. After considering this evidence, the High Courts decided that none of the offenders merited a death sentence. More than 120 prisoners were released after having served a term of years.
The mental health of the accused: Case of V. M. case in Malawi
In Malawi, as part of the sentence review hearings following the abolition of the automatic death penalty, an expert went to interview a woman who had been sentenced to death for the murder of her two small children.
Based on his clinical assessment, the expert concluded that she had an intellectual disability that was caused by alcohol, as her mother had been drinking during pregnancy. The legal assistants and lawyers gave the expert the statements they had collected from her entourage, which recounted, among other things, the famine that was taking place at the time of the events. The expert explained that the stress related to the famine, combined with her intellectual disability, had affected the defendant’s ability to reason at the time of the crime. She had beaten her grandson after learning that he had stolen the neighbor’s food
Mitigating Circumstances: Case of Republic vs. Richard Maulidi and Julius Khanawa
In Malawi, in the case of Republic vs. Richard Maulidi and Julius Khanawa, the accused persons had robbed an elderly person at night who was fatally injured. The lawyers presented the difficult circumstances of the accused to the sentence review court to explain their actions. The High Court took into account the fact that these people were living in abject poverty and had acted out of hunger and desperation. Because of their desperate situation, the court did not sentence them to death, but to 19 years’ imprisonment.
Appeals: An extraordinary lesson of perseverance
In Taiwan, lawyers can technically appeal to the Supreme Court an unlimited number of times. One lawyer unsuccessfully appealed ten times to the Supreme Court on behalf of a single client before succeeding on the eleventh attempt.
If you practice in a jurisdiction with similar regulations, you should take advantage of the opportunity to appeal multiple times if necessary.
If you practice in a jurisdiction with a limited number of appeals, make sure that your arguments are as complete as possible, as you may only have one opportunity to overturn a conviction.
It is important to familiarize yourself with the applicable law and the latest legal developments in your jurisdiction so that you can use all available approaches to help the person on death row.
Using social media in Malaysia: The case of Noor Atiqah
Noor Atiqah and her supporters were able to successfully leverage social media to tell Noor’s story. The social media exposure enabled Noor’s supporters to raise money and connect with advocacy organizations. Eventually Noor’s appeal was successful and her sentence was reduced from death to a prison sentence.
Noor, a single Singaporean mother, was struggling to find work. She started dating a man who promised to help her get a textile business off the ground. Unfortunately, Noor’s boyfriend had no real intention of supporting her business; instead he intended to use her as a drug mule. In 2007, Noor’s boyfriend sent her on a buying trip to Singapore with a suitcase packed by one of his friends. Malaysian authorities discovered an envelope containing heroin and derivative drugs inside this suitcase. Noor was unaware of the contents of the suitcase. Nevertheless, she was convicted of drug trafficking and sentenced to death under Malaysian law.
After Noor was sentenced, her friends and family began an aggressive online campaign to get exposure and raise money. An active Facebook page and several blogs described Noor’s situation and solicited donations. Through these online forums, Noor’s supporters arranged to sell handmade crafts to help pay for Noor’s appeal and to help support Noor’s daughter and her elderly mother while she was incarcerated. Altogether, these efforts yielded over $50,000. The Facebook page and blogs also allowed Noor’s supporters to connect with established advocacy organizations like the Singapore Anti-Death Penalty Campaign.
Under public pressure, the Malaysian Court of Appeal accepted Noor’s application to introduce fresh evidence and reconsider her conviction. The court ultimately decided to reduce Noor’s charge from trafficking to possession and her sentence from death to 12 years imprisonment. Because Noor has already served several years, she expects to be reunited with her daughter in 2017.
Using social media: The Yemeni case of Hafez Ibrahim
In 2005, a Yemeni Judge sentenced Hafez Ibrahim to death for a killing that occurred when he was 16-years old. The judge reportedly refused to hear from witnesses, or the defense counsel and Ibrahim was denied the right to appeal. Two years later, Ibrahim managed to access a mobile phone and notify World Coalition member Amnesty International of his imminent execution. After a prolonged campaign, Ibrahim was finally released in 2007. He has since taken up the study of law and dedicated his life to “campaigning against the death penalty and raising awareness about human rights.” The execution of juvenile offenders is prohibited under the International Covenant on Civil and Political Rights.
International bodies successes: Pratt & Morgan v. Jamaica
In Pratt and Morgan v. Jamaica, the HRC granted interim measures of protection requesting that Jamaica refrain from carrying out a death sentence pending the committee’s examination of the case. Jamaica granted the stay of execution. Subsequently, the HRC granted hundreds of stays of executions in cases from a number of Caribbean Commonwealth countries. In very few cases did the State proceed with the execution.