Karen Tse: How to stop torture

43,475 views ・ 2011-12-22

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In 1994, I walked into a prison in Cambodia,
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and I met a 12-year-old boy
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who had been tortured
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and was denied access to counsel.
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And as I looked into his eyes, I realized
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that for the hundreds of letters I had written
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for political prisoners, that I would never have
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written a letter for him,
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because he was not a 12-year-old boy who
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had done something important for anybody.
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He was not a political prisoner.
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He was a 12-year-old boy who had
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stolen a bicycle.
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What I also realized at that point was that
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it was not only Cambodia, but
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of the 113
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developing countries that torture,
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93 of these countries have all passed laws
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that say you have a right to a lawyer
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and you have a right not to be tortured.
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And what I recognized was that there was an
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incredible window of opportunity for us
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as a world community to come together
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and end torture as an investigative tool.
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We often think of torture as being
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political torture or reserved for
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just the worst, but, in fact,
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95 percent of torture today
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is not for political prisoners.
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It is for people who are
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in broken-down legal systems,
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and unfortunately because torture is
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the cheapest form of investigation --
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it's cheaper than having a legal system,
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cheaper than having a lawyer
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and early access to counsel --
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it is what happens most of the time.
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I believe today that it is possible for us
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as a world community, if we make a decision,
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to come together and end torture
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as an investigative tool in our lifetime,
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but it will require three things.
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First is the training, empowerment,
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and connection of defenders worldwide.
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The second is insuring that there is
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systematic early access to counsel.
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And the third is commitment.
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So in the year 2000,
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I began to wonder,
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what if we came together?
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Could we do something
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for these 93 countries?
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And I founded International Bridges to Justice
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which has a specific mission of
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ending torture as an investigative tool
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and implementing due process rights
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in the 93 countries by placing trained lawyers
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at an early stage in police stations
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and in courtrooms.
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My first experiences, though, did come
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from Cambodia, and at the time I remember
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first coming to Cambodia and there were,
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in 1994, still less than
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10 attorneys in the country because
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the Khmer Rouge had killed them all.
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And even 20 years later, there was only
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10 lawyers in the country, so consequently
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you'd walk into a prison and
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not only would you meet 12-year-old boys,
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you'd meet women and you'd say,
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"Why are you here?" Women would say,
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"Well I've been here for 10 years because
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my husband committed a crime, but they can't find him."
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So it's just a place where there was no rule of law.
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The first group of defenders came together
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and I still remember, as I was training, I said,
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"Okay, what do you do for an investigation?"
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And there was silence in the class, and finally
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one woman stood up, [inaudible name],
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and she said "Khrew," which means "teacher."
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She said, "I have defended more than
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a hundred people, and I've never had to do
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any investigation,
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because they all come with confessions."
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And we talked about, as a class, the fact that
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number one, the confessions
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might not be reliable, but number two,
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we did not want to encourage the police
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to keep doing this, especially
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as it was now against the law.
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And it took a lot of courage for these
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defenders to decide that they would
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begin to stand up and support each other
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in implementing these laws.
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And I still remember the first cases where
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they came, all 25 together, she would
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stand up, and they were in the back, and
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they would support her, and the judges kept
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saying, "No, no, no, no, we're going to do things
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the exact same way we've been doing them."
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But one day the perfect case came, and it
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was a woman who was a vegetable seller,
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she was sitting outside of a house.
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She said she actually saw the person
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run out who she thinks stole
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whatever the jewelry was, but the police
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came, they got her, there was nothing on her.
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She was pregnant at the time. She had
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cigarette burns on her. She'd miscarried.
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And when they brought her case
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to the judge, for the first time he stood up
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and he said, "Yes, there's no evidence
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except for your torture confession
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and you will be released."
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And the defenders began to take cases
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over and over again and
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you will see, they have step by step began
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to change the course of history in Cambodia.
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But Cambodia is not alone.
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I used to think, well is it Cambodia?
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Or is it other countries?
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But it is in so many countries.
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In Burundi I walked into a prison and it wasn't
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a 12-year-old boy, it was an 8-year-old boy
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for stealing a mobile phone.
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Or a woman, I picked up her baby,
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really cute baby, I said "Your baby is so cute."
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It wasn't a baby, she was three.
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And she said "Yeah, but she's why I'm here,"
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because she was accused of stealing
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two diapers and an iron for her baby and
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still had been in prison.
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And when I walked up to the prison director,
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I said, "You've got to let her out.
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A judge would let her out."
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And he said, "Okay, we can talk about it,
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but look at my prison. Eighty percent
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of the two thousand people here
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are without a lawyer. What can we do?"
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So lawyers began to courageously
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stand up together to organize a system
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where they can take cases.
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But we realized that it's not only the training
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of the lawyers, but the connection
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of the lawyers that makes a difference.
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For example, in Cambodia, it was that
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[inaudible name] did not go alone
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but she had 24 lawyers with her
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who stood up together. And in the same way,
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in China, they always tell me,
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"It's like a fresh wind in the desert
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when we can come together."
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Or in Zimbabwe, where I remember Innocent,
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after coming out of a prison where everybody
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stood up and said, "I've been here
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for one year, eight years, 12 years
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without a lawyer,"
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he came and we had a training together
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and he said, "I have heard it said" --
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because he had heard people mumbling
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and grumbling -- "I have heard it said that
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we cannot help to create justice
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because we do not have the resources."
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And then he said, "But I want you to know
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that the lack of resources
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is never an excuse for injustice."
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And with that, he successfully
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organized 68 lawyers who have been
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systematically taking the cases.
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The key that we see, though, is training
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and then early access.
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I was recently in Egypt, and was inspired
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to meet with another group of lawyers,
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and what they told me is that they said,
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"Hey, look, we don't have police
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on the streets now. The police are
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one of the main reasons why we had
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the revolution. They were torturing everybody
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all the time."
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And I said, "But there's been tens of millions
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of dollars that have recently gone in
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to the development of the legal system here.
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What's going on?"
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I met with one of the development agencies,
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and they were training prosecutors
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and judges, which is the normal bias,
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as opposed to defenders.
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And they showed me a manual which
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actually was an excellent manual.
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I said, "I'm gonna copy this."
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It had everything in it. Lawyers can come
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at the police station. It was perfect.
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Prosecutors were perfectly trained.
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But I said to them, "I just have one question,
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which is, by the time that everybody got to
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the prosecutor's office, what had happened to them?"
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And after a pause, they said,
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"They had been tortured."
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So the pieces are,
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not only the training of the lawyers, but
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us finding a way to systematically implement
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early access to counsel, because they are
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the safeguard in the system
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for people who are being tortured.
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And as I tell you this, I'm also aware of the
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fact that it sounds like, "Oh, okay, it sounds
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like we could do it, but can we really do it?"
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Because it sounds big.
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And there are many reasons why I believe it's possible.
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The first reason is the people on the ground
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who find ways of creating miracles
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because of their commitment.
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It's not only Innocent, who I told you about
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in Zimbabwe, but defenders all over the world
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who are looking for these pieces.
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We have a program called JusticeMakers,
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and we realized there are people that are
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courageous and want to do things, but
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how can we support them?
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So it's an online contest where it's only
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five thousand dollars if you come up with
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and innovative way of implementing justice.
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And there are 30 JusticeMakers
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throughout the world, from Sri Lanka
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to Swaziland to the DRC, who with
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five thousand dollars do amazing things,
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through SMS programs,
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through paralegal programs,
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through whatever they can do.
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And it's not only these JusticeMakers,
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but people we courageously see
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figure out who their networks are
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and how they can move it forward.
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So in China, for instance, great laws
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came out where it says police cannot
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torture people or they will be punished.
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And I was sitting side by side with one of our
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very courageous lawyers, and said,
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"How can we get this out? How can we
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make sure that this is implemented?
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This is fantastic." And he said to me,
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"Well, do you have money?" And I said,
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"No." And he said, "That's okay,
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we can still figure it out."
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And on December 4, he organized
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three thousand members
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of the Youth Communist League,
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from 14 of the top law schools,
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who organized themselves, developed
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posters with the new laws, and went
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to the police stations and began what he says
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is a non-violent legal revolution
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to protect citizen rights.
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So I talked about the fact that we need
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to train and support defenders.
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We need to systematically implement
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early access to counsel.
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But the third and most important thing is that
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we make a commitment to this.
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And people often say to me, "You know,
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this is great, but it's wildly idealistic.
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Never going to happen."
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And the reason that I think that
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those words are interesting is because
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those were the same kinds of words
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that were used for people who decided
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they would end slavery, or end apartheid.
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It began with a small group of people
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who decided they would commit.
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Now, there's one of our favorite poems
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from the defenders, which they share
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from each other, is:
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"Take courage friends, the road is often long,
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the path is never clear,
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and the stakes are very high,
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but deep down, you are not alone."
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And I believe that if we can come together
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as a world community to support not only
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defenders, but also everyone in the system
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who is looking towards it,
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we can end torture as an investigative tool.
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I end always, because I'm sure the questions are --
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and I'd be happy to talk to you
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at any point -- "But what can I really do?"
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Well, I would say this. First of all,
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you know what you can do. But second of all,
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I would leave you with the story of Vishna,
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who actually was my inspiration
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for starting International Bridges to Justice.
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Vishna was a 4-year-old boy when I met him
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who was born in a Cambodian prison
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in Kandal Province. But because he was
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born in the prison, everybody loved him,
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including the guards, so he was the only one
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who was allowed to come
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in and out of the bars.
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So, you know, there's bars. And by the time
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that Vishna was getting bigger,
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which means what gets bigger? Your head gets bigger.
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So he would come to the first bar,
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the second bar and then the third bar,
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and then really slowly move his head
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so he could fit through, and come back,
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third, second, first. And he would
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grab my pinkie, because what he wanted
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to do every day is he wanted to go visit.
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You know, he never quite made it to
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all of them every day, but he wanted to visit
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all 156 prisoners. And I would lift him,
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and he would put his fingers through.
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Or if they were dark cells, it was like iron
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corrugated, and he would put his fingers through.
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And most of the prisoners said that he was
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their greatest joy and their sunshine, and they
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looked forward to him. And I was like,
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here's Vishna. He's a 4-year-old boy.
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He was born in a prison with almost nothing,
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no material goods, but he had a sense of
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his own heroic journey, which I believe
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we are all born into. He said,
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"Probably I can't do everything.
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But I'm one. I can do something.
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And I will do the one thing that I can do."
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So I thank you for having the prophetic
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imagination to imagine the shaping
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of a new world with us together,
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and invite you into this journey with us.
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Thank you.
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(Applause)
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Thank you.
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12:31
(Applause)
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12:33
Thank you.
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12:35
(Applause)
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Original video on YouTube.com
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