Access to Justice & Lawyers

Justice systems vary across the continent. People are often arrested because they match the vague description of a suspect, or they are near the scene of a crime, without any evidence of involvement in a crime. Corruption is a significant problem. It normally takes several years for a case to go to trial, during which most prisoners are held on remand without any chance of bail. For example in February 2008, during the planning visits for our legal project in Ugandan prisons, APP met prisoners on remand who were still awaiting trial after several years. In addition, there were a number of adult prisoners serving indeterminate sentences passed when they were children, and in the decades since have had no recourse to finding out when the government will release them.

Most prisoners have little or no access to a lawyer. When such remand prisoners reach court after so many years, some are released immediately as the prosecution have no evidence against them. In Kamiti Prison in Kenya where APP worked in 2006, half of the 5,000 inmates were on remand, being detained while awaiting their trial. Most prisoners represent themselves. Just a small law facility built by APP in some prison libraries can help prisoners understand what they are being charged with and to prepare their defence and appeals.

Sentences in many African countries can be harsh. A child may spend a year in prison for loitering. In some countries stealing a mango from a neighbour’s tree with a penknife is deemed armed robbery, a capital offence. A 19-year-old who sleeps with his 17-year-old girlfriend can be sent to prison for life. Many countries have mandatory death penalties for crimes that do not even carry mandatory life sentences in the UK. Beatings can be regular occurrences in prisons.

APP is therefore extending its education programme to include law. In particular in Uganda, we are planning a legal centre at Luzira Prison in Uganda. This is in conjunction with local lawyers and the judiciary and will improve access to justice for the prisoners.

Needs raised by prisoners:

  • Too long on remand
  • Death penalty
  • Indeterminate sentences
  • Lack of access to lawyers
  • Corruption
  • Lack of legal aid