Karen Tse: How to stop torture

43,427 views ・ 2011-12-22

TED


Please double-click on the English subtitles below to play the video.

00:16
In 1994, I walked into a prison in Cambodia,
0
16260
4000
00:20
and I met a 12-year-old boy
1
20260
3000
00:23
who had been tortured
2
23260
2000
00:25
and was denied access to counsel.
3
25260
2000
00:27
And as I looked into his eyes, I realized
4
27260
2000
00:29
that for the hundreds of letters I had written
5
29260
2000
00:31
for political prisoners, that I would never have
6
31260
3000
00:34
written a letter for him,
7
34260
2000
00:36
because he was not a 12-year-old boy who
8
36260
2000
00:38
had done something important for anybody.
9
38260
2000
00:40
He was not a political prisoner.
10
40260
2000
00:42
He was a 12-year-old boy who had
11
42260
2000
00:44
stolen a bicycle.
12
44260
2000
00:46
What I also realized at that point was that
13
46260
2000
00:48
it was not only Cambodia, but
14
48260
2000
00:50
of the 113
15
50260
2000
00:52
developing countries that torture,
16
52260
2000
00:54
93 of these countries have all passed laws
17
54260
3000
00:57
that say you have a right to a lawyer
18
57260
2000
00:59
and you have a right not to be tortured.
19
59260
3000
01:02
And what I recognized was that there was an
20
62260
2000
01:04
incredible window of opportunity for us
21
64260
2000
01:06
as a world community to come together
22
66260
3000
01:09
and end torture as an investigative tool.
23
69260
3000
01:12
We often think of torture as being
24
72260
2000
01:14
political torture or reserved for
25
74260
2000
01:16
just the worst, but, in fact,
26
76260
3000
01:19
95 percent of torture today
27
79260
2000
01:21
is not for political prisoners.
28
81260
2000
01:23
It is for people who are
29
83260
2000
01:25
in broken-down legal systems,
30
85260
2000
01:27
and unfortunately because torture is
31
87260
2000
01:29
the cheapest form of investigation --
32
89260
2000
01:31
it's cheaper than having a legal system,
33
91260
2000
01:33
cheaper than having a lawyer
34
93260
2000
01:35
and early access to counsel --
35
95260
2000
01:37
it is what happens most of the time.
36
97260
2000
01:39
I believe today that it is possible for us
37
99260
2000
01:41
as a world community, if we make a decision,
38
101260
3000
01:44
to come together and end torture
39
104260
2000
01:46
as an investigative tool in our lifetime,
40
106260
3000
01:49
but it will require three things.
41
109260
2000
01:51
First is the training, empowerment,
42
111260
3000
01:54
and connection of defenders worldwide.
43
114260
3000
01:57
The second is insuring that there is
44
117260
3000
02:00
systematic early access to counsel.
45
120260
3000
02:03
And the third is commitment.
46
123260
3000
02:06
So in the year 2000,
47
126260
2000
02:08
I began to wonder,
48
128260
3000
02:11
what if we came together?
49
131260
3000
02:14
Could we do something
50
134260
2000
02:16
for these 93 countries?
51
136260
2000
02:18
And I founded International Bridges to Justice
52
138260
2000
02:20
which has a specific mission of
53
140260
2000
02:22
ending torture as an investigative tool
54
142260
3000
02:25
and implementing due process rights
55
145260
2000
02:27
in the 93 countries by placing trained lawyers
56
147260
3000
02:30
at an early stage in police stations
57
150260
2000
02:32
and in courtrooms.
58
152260
2000
02:34
My first experiences, though, did come
59
154260
2000
02:36
from Cambodia, and at the time I remember
60
156260
3000
02:39
first coming to Cambodia and there were,
61
159260
2000
02:41
in 1994, still less than
62
161260
2000
02:43
10 attorneys in the country because
63
163260
2000
02:45
the Khmer Rouge had killed them all.
64
165260
2000
02:47
And even 20 years later, there was only
65
167260
2000
02:49
10 lawyers in the country, so consequently
66
169260
2000
02:51
you'd walk into a prison and
67
171260
2000
02:53
not only would you meet 12-year-old boys,
68
173260
2000
02:55
you'd meet women and you'd say,
69
175260
2000
02:57
"Why are you here?" Women would say,
70
177260
2000
02:59
"Well I've been here for 10 years because
71
179260
2000
03:01
my husband committed a crime, but they can't find him."
72
181260
2000
03:03
So it's just a place where there was no rule of law.
73
183260
3000
03:06
The first group of defenders came together
74
186260
2000
03:08
and I still remember, as I was training, I said,
75
188260
2000
03:10
"Okay, what do you do for an investigation?"
76
190260
2000
03:12
And there was silence in the class, and finally
77
192260
2000
03:14
one woman stood up, [inaudible name],
78
194260
2000
03:16
and she said "Khrew," which means "teacher."
79
196260
3000
03:19
She said, "I have defended more than
80
199260
3000
03:22
a hundred people, and I've never had to do
81
202260
3000
03:25
any investigation,
82
205260
2000
03:27
because they all come with confessions."
83
207260
2000
03:29
And we talked about, as a class, the fact that
84
209260
3000
03:32
number one, the confessions
85
212260
2000
03:34
might not be reliable, but number two,
86
214260
2000
03:36
we did not want to encourage the police
87
216260
2000
03:38
to keep doing this, especially
88
218260
2000
03:40
as it was now against the law.
89
220260
2000
03:42
And it took a lot of courage for these
90
222260
2000
03:44
defenders to decide that they would
91
224260
2000
03:46
begin to stand up and support each other
92
226260
2000
03:48
in implementing these laws.
93
228260
3000
03:51
And I still remember the first cases where
94
231260
2000
03:53
they came, all 25 together, she would
95
233260
2000
03:55
stand up, and they were in the back, and
96
235260
2000
03:57
they would support her, and the judges kept
97
237260
2000
03:59
saying, "No, no, no, no, we're going to do things
98
239260
2000
04:01
the exact same way we've been doing them."
99
241260
2000
04:03
But one day the perfect case came, and it
100
243260
2000
04:05
was a woman who was a vegetable seller,
101
245260
2000
04:07
she was sitting outside of a house.
102
247260
2000
04:09
She said she actually saw the person
103
249260
3000
04:12
run out who she thinks stole
104
252260
2000
04:14
whatever the jewelry was, but the police
105
254260
2000
04:16
came, they got her, there was nothing on her.
106
256260
2000
04:18
She was pregnant at the time. She had
107
258260
2000
04:20
cigarette burns on her. She'd miscarried.
108
260260
2000
04:22
And when they brought her case
109
262260
2000
04:24
to the judge, for the first time he stood up
110
264260
2000
04:26
and he said, "Yes, there's no evidence
111
266260
2000
04:28
except for your torture confession
112
268260
2000
04:30
and you will be released."
113
270260
2000
04:32
And the defenders began to take cases
114
272260
2000
04:34
over and over again and
115
274260
2000
04:36
you will see, they have step by step began
116
276260
3000
04:39
to change the course of history in Cambodia.
117
279260
3000
04:42
But Cambodia is not alone.
118
282260
2000
04:44
I used to think, well is it Cambodia?
119
284260
2000
04:46
Or is it other countries?
120
286260
2000
04:48
But it is in so many countries.
121
288260
3000
04:51
In Burundi I walked into a prison and it wasn't
122
291260
2000
04:53
a 12-year-old boy, it was an 8-year-old boy
123
293260
3000
04:56
for stealing a mobile phone.
124
296260
2000
04:58
Or a woman, I picked up her baby,
125
298260
2000
05:00
really cute baby, I said "Your baby is so cute."
126
300260
3000
05:03
It wasn't a baby, she was three.
127
303260
2000
05:05
And she said "Yeah, but she's why I'm here,"
128
305260
2000
05:07
because she was accused of stealing
129
307260
2000
05:09
two diapers and an iron for her baby and
130
309260
2000
05:11
still had been in prison.
131
311260
2000
05:13
And when I walked up to the prison director,
132
313260
2000
05:15
I said, "You've got to let her out.
133
315260
2000
05:17
A judge would let her out."
134
317260
2000
05:19
And he said, "Okay, we can talk about it,
135
319260
2000
05:21
but look at my prison. Eighty percent
136
321260
2000
05:23
of the two thousand people here
137
323260
2000
05:25
are without a lawyer. What can we do?"
138
325260
2000
05:27
So lawyers began to courageously
139
327260
2000
05:29
stand up together to organize a system
140
329260
3000
05:32
where they can take cases.
141
332260
2000
05:34
But we realized that it's not only the training
142
334260
2000
05:36
of the lawyers, but the connection
143
336260
2000
05:38
of the lawyers that makes a difference.
144
338260
2000
05:40
For example, in Cambodia, it was that
145
340260
2000
05:42
[inaudible name] did not go alone
146
342260
2000
05:44
but she had 24 lawyers with her
147
344260
2000
05:46
who stood up together. And in the same way,
148
346260
2000
05:48
in China, they always tell me,
149
348260
2000
05:50
"It's like a fresh wind in the desert
150
350260
2000
05:52
when we can come together."
151
352260
2000
05:54
Or in Zimbabwe, where I remember Innocent,
152
354260
2000
05:56
after coming out of a prison where everybody
153
356260
2000
05:58
stood up and said, "I've been here
154
358260
2000
06:00
for one year, eight years, 12 years
155
360260
2000
06:02
without a lawyer,"
156
362260
2000
06:04
he came and we had a training together
157
364260
2000
06:06
and he said, "I have heard it said" --
158
366260
3000
06:09
because he had heard people mumbling
159
369260
2000
06:11
and grumbling -- "I have heard it said that
160
371260
2000
06:13
we cannot help to create justice
161
373260
3000
06:16
because we do not have the resources."
162
376260
2000
06:18
And then he said, "But I want you to know
163
378260
2000
06:20
that the lack of resources
164
380260
3000
06:23
is never an excuse for injustice."
165
383260
2000
06:25
And with that, he successfully
166
385260
2000
06:27
organized 68 lawyers who have been
167
387260
3000
06:30
systematically taking the cases.
168
390260
2000
06:32
The key that we see, though, is training
169
392260
3000
06:35
and then early access.
170
395260
2000
06:37
I was recently in Egypt, and was inspired
171
397260
2000
06:39
to meet with another group of lawyers,
172
399260
2000
06:41
and what they told me is that they said,
173
401260
2000
06:43
"Hey, look, we don't have police
174
403260
2000
06:45
on the streets now. The police are
175
405260
2000
06:47
one of the main reasons why we had
176
407260
2000
06:49
the revolution. They were torturing everybody
177
409260
2000
06:51
all the time."
178
411260
2000
06:53
And I said, "But there's been tens of millions
179
413260
2000
06:55
of dollars that have recently gone in
180
415260
2000
06:57
to the development of the legal system here.
181
417260
2000
06:59
What's going on?"
182
419260
2000
07:01
I met with one of the development agencies,
183
421260
3000
07:04
and they were training prosecutors
184
424260
2000
07:06
and judges, which is the normal bias,
185
426260
2000
07:08
as opposed to defenders.
186
428260
2000
07:10
And they showed me a manual which
187
430260
2000
07:12
actually was an excellent manual.
188
432260
2000
07:14
I said, "I'm gonna copy this."
189
434260
2000
07:16
It had everything in it. Lawyers can come
190
436260
2000
07:18
at the police station. It was perfect.
191
438260
2000
07:20
Prosecutors were perfectly trained.
192
440260
2000
07:22
But I said to them, "I just have one question,
193
442260
2000
07:24
which is, by the time that everybody got to
194
444260
2000
07:26
the prosecutor's office, what had happened to them?"
195
446260
2000
07:28
And after a pause, they said,
196
448260
2000
07:30
"They had been tortured."
197
450260
2000
07:32
So the pieces are,
198
452260
2000
07:34
not only the training of the lawyers, but
199
454260
2000
07:36
us finding a way to systematically implement
200
456260
3000
07:39
early access to counsel, because they are
201
459260
3000
07:42
the safeguard in the system
202
462260
2000
07:44
for people who are being tortured.
203
464260
3000
07:47
And as I tell you this, I'm also aware of the
204
467260
2000
07:49
fact that it sounds like, "Oh, okay, it sounds
205
469260
2000
07:51
like we could do it, but can we really do it?"
206
471260
3000
07:54
Because it sounds big.
207
474260
2000
07:56
And there are many reasons why I believe it's possible.
208
476260
3000
07:59
The first reason is the people on the ground
209
479260
3000
08:02
who find ways of creating miracles
210
482260
3000
08:05
because of their commitment.
211
485260
2000
08:07
It's not only Innocent, who I told you about
212
487260
3000
08:10
in Zimbabwe, but defenders all over the world
213
490260
3000
08:13
who are looking for these pieces.
214
493260
3000
08:16
We have a program called JusticeMakers,
215
496260
3000
08:19
and we realized there are people that are
216
499260
2000
08:21
courageous and want to do things, but
217
501260
2000
08:23
how can we support them?
218
503260
2000
08:25
So it's an online contest where it's only
219
505260
2000
08:27
five thousand dollars if you come up with
220
507260
2000
08:29
and innovative way of implementing justice.
221
509260
2000
08:31
And there are 30 JusticeMakers
222
511260
2000
08:33
throughout the world, from Sri Lanka
223
513260
2000
08:35
to Swaziland to the DRC, who with
224
515260
3000
08:38
five thousand dollars do amazing things,
225
518260
3000
08:41
through SMS programs,
226
521260
2000
08:43
through paralegal programs,
227
523260
2000
08:45
through whatever they can do.
228
525260
2000
08:47
And it's not only these JusticeMakers,
229
527260
4000
08:51
but people we courageously see
230
531260
2000
08:53
figure out who their networks are
231
533260
3000
08:56
and how they can move it forward.
232
536260
2000
08:58
So in China, for instance, great laws
233
538260
2000
09:00
came out where it says police cannot
234
540260
3000
09:03
torture people or they will be punished.
235
543260
3000
09:06
And I was sitting side by side with one of our
236
546260
3000
09:09
very courageous lawyers, and said,
237
549260
3000
09:12
"How can we get this out? How can we
238
552260
2000
09:14
make sure that this is implemented?
239
554260
2000
09:16
This is fantastic." And he said to me,
240
556260
2000
09:18
"Well, do you have money?" And I said,
241
558260
2000
09:20
"No." And he said, "That's okay,
242
560260
2000
09:22
we can still figure it out."
243
562260
2000
09:24
And on December 4, he organized
244
564260
2000
09:26
three thousand members
245
566260
2000
09:28
of the Youth Communist League,
246
568260
2000
09:30
from 14 of the top law schools,
247
570260
2000
09:32
who organized themselves, developed
248
572260
2000
09:34
posters with the new laws, and went
249
574260
2000
09:36
to the police stations and began what he says
250
576260
2000
09:38
is a non-violent legal revolution
251
578260
3000
09:41
to protect citizen rights.
252
581260
3000
09:44
So I talked about the fact that we need
253
584260
2000
09:46
to train and support defenders.
254
586260
2000
09:48
We need to systematically implement
255
588260
2000
09:50
early access to counsel.
256
590260
2000
09:52
But the third and most important thing is that
257
592260
2000
09:54
we make a commitment to this.
258
594260
2000
09:56
And people often say to me, "You know,
259
596260
2000
09:58
this is great, but it's wildly idealistic.
260
598260
2000
10:00
Never going to happen."
261
600260
2000
10:02
And the reason that I think that
262
602260
2000
10:04
those words are interesting is because
263
604260
2000
10:06
those were the same kinds of words
264
606260
2000
10:08
that were used for people who decided
265
608260
2000
10:10
they would end slavery, or end apartheid.
266
610260
2000
10:12
It began with a small group of people
267
612260
2000
10:14
who decided they would commit.
268
614260
2000
10:16
Now, there's one of our favorite poems
269
616260
2000
10:18
from the defenders, which they share
270
618260
2000
10:20
from each other, is:
271
620260
2000
10:22
"Take courage friends, the road is often long,
272
622260
2000
10:24
the path is never clear,
273
624260
2000
10:26
and the stakes are very high,
274
626260
2000
10:28
but deep down, you are not alone."
275
628260
2000
10:30
And I believe that if we can come together
276
630260
3000
10:33
as a world community to support not only
277
633260
2000
10:35
defenders, but also everyone in the system
278
635260
3000
10:38
who is looking towards it,
279
638260
2000
10:40
we can end torture as an investigative tool.
280
640260
3000
10:43
I end always, because I'm sure the questions are --
281
643260
2000
10:45
and I'd be happy to talk to you
282
645260
2000
10:47
at any point -- "But what can I really do?"
283
647260
2000
10:49
Well, I would say this. First of all,
284
649260
2000
10:51
you know what you can do. But second of all,
285
651260
2000
10:53
I would leave you with the story of Vishna,
286
653260
2000
10:55
who actually was my inspiration
287
655260
3000
10:58
for starting International Bridges to Justice.
288
658260
2000
11:00
Vishna was a 4-year-old boy when I met him
289
660260
3000
11:03
who was born in a Cambodian prison
290
663260
2000
11:05
in Kandal Province. But because he was
291
665260
3000
11:08
born in the prison, everybody loved him,
292
668260
2000
11:10
including the guards, so he was the only one
293
670260
2000
11:12
who was allowed to come
294
672260
2000
11:14
in and out of the bars.
295
674260
2000
11:16
So, you know, there's bars. And by the time
296
676260
2000
11:18
that Vishna was getting bigger,
297
678260
2000
11:20
which means what gets bigger? Your head gets bigger.
298
680260
2000
11:22
So he would come to the first bar,
299
682260
2000
11:24
the second bar and then the third bar,
300
684260
2000
11:26
and then really slowly move his head
301
686260
2000
11:28
so he could fit through, and come back,
302
688260
2000
11:30
third, second, first. And he would
303
690260
2000
11:32
grab my pinkie, because what he wanted
304
692260
2000
11:34
to do every day is he wanted to go visit.
305
694260
2000
11:36
You know, he never quite made it to
306
696260
2000
11:38
all of them every day, but he wanted to visit
307
698260
2000
11:40
all 156 prisoners. And I would lift him,
308
700260
2000
11:42
and he would put his fingers through.
309
702260
2000
11:44
Or if they were dark cells, it was like iron
310
704260
2000
11:46
corrugated, and he would put his fingers through.
311
706260
2000
11:48
And most of the prisoners said that he was
312
708260
2000
11:50
their greatest joy and their sunshine, and they
313
710260
2000
11:52
looked forward to him. And I was like,
314
712260
2000
11:54
here's Vishna. He's a 4-year-old boy.
315
714260
2000
11:56
He was born in a prison with almost nothing,
316
716260
2000
11:58
no material goods, but he had a sense of
317
718260
2000
12:00
his own heroic journey, which I believe
318
720260
2000
12:02
we are all born into. He said,
319
722260
2000
12:04
"Probably I can't do everything.
320
724260
2000
12:06
But I'm one. I can do something.
321
726260
2000
12:08
And I will do the one thing that I can do."
322
728260
2000
12:10
So I thank you for having the prophetic
323
730260
2000
12:12
imagination to imagine the shaping
324
732260
3000
12:15
of a new world with us together,
325
735260
2000
12:17
and invite you into this journey with us.
326
737260
2000
12:19
Thank you.
327
739260
2000
12:21
(Applause)
328
741260
8000
12:29
Thank you.
329
749260
2000
12:31
(Applause)
330
751260
2000
12:33
Thank you.
331
753260
2000
12:35
(Applause)
332
755260
2000

Original video on YouTube.com
About this website

This site will introduce you to YouTube videos that are useful for learning English. You will see English lessons taught by top-notch teachers from around the world. Double-click on the English subtitles displayed on each video page to play the video from there. The subtitles scroll in sync with the video playback. If you have any comments or requests, please contact us using this contact form.

https://forms.gle/WvT1wiN1qDtmnspy7