On February 5th and 6th, IBJ India and the Commonwealth Human Rights Initiative (CHRI) jointly conducted a training workshop on the rights of the accused and effective representation. The workshop took place in Rajasthan, India, and educated 50 local lawyers on the importance of the constitutional rights of the defendant and effective criminal defense practices. The training additionally highlighted the need for criminal defenders to serve the needs of their clients, to ensure their clients’ free and fair trials, and to identify and alleviate common problems within the criminal justice system.
The workshop officially commenced with the inaugural speech of Justice Ajay Rastogi of the Rajasthan High Court. Justice Rastogi’s inspirational speech addressed the fundamental importance of the rule of law in a democratic and constitutional society. He further stressed that trainings like those conducted by IBJ were instrumental in promoting equality and justice in societies that struggle to uphold the fundamental rights of the people. After Justice Rastogi’s speech, the first day of the training began.
The first day of the training comprised of four sessions that broached topics such as prolonged detention, overcrowding in prisons, elements of fair a trial, and client interviews. The latter two sessions were conducted by IBJ’s very own India Fellow, Ajay Verma. In his sessions on the elements of a fair trial and client interviews, Ajay stressed the importance of lawyers’ responsibilities to their clients. Ajay emphasized that among a lawyer’s duties are those of providing trust, confidentiality, competence, honesty, and full discretion. At this point in the session, the trainees participated in an interactive “mock interview” in which they honed their client interview skills and identified commonly made mistakes.
The second day of IBJ and CHRI’s training included workshops on the procedure of arrest, common illegalities, common delays, and securing bail from lower and high courts. During these sessions, speakers addressed the fundamental responsibilities of lawyers to their clients. In particular, Ms. Alka Bhatnagar, the Government Prosecutor of the Rajasthan High Court, stressed that lawyers and police officers must work in coordination, not opposition. She stressed that lawyers and police officers are the foundation of the criminal justice system, and only through mutual cooperation can they tackle issues such as illegal detention. At one point in the workshop, lawyers were invited to participate in a panel discussion held by Mr. Verma and several other lawyers that focused on overcoming common problems in effective criminal defense. Many participants shared the difficulties they often had in gaining access to their clients, and panel leaders encouraged them to increase their understanding of basic criminal law in order to become aware of their clients’ rights.
At the end of the two days, participating lawyers praised the success of the workshop. Many stated that they had learned more in the past two days than in their entire careers as criminal defenders. The success of the trainings has brought widespread requests for future trainings and CHRI invited IBJ India Fellow Ajay Verma to join their strategic planning meeting panel.