GROUP 2
ACCESS TO JUSTICE FOR ALL IN THE CRIMINAL JUSTICE SYSTEM
Rapporteur: Ms. Helen Vagivaro Roalakona (Papua New Guinea)
Co-Rapporteur: Mr. Samuel Miranda Arruda (Brazil)
Chairperson
Co-Chairperson
Members

Adviser

Ms. Pattraporn Pommanuchatip
Mr. Tra Vincent NʼGuessan
Mr. Tsutsumi Yasushi
Mr. Khee Simeuang
Mr. Mohamed Fazeen
Ms. Mahamuni Kumari Magliyan Abeyratne
Mr. Uekusa Taro
Professor Ayuko Watanabe(Thailand)(Cote dʼIvoire)(Japan)(Lao PDR)(Maldives)(Sri Lanka)(Japan)(UNAFEI)

I. INTRODUCTION
On September 25, 2015, world leaders from 193 countries met in Doha, Qatar for the United Nations
Summit to discuss a set of new goals which built on the Millennium Development Goals and complete what
they did not achieve. The countries adopted 17 objectives to end poverty, protect the planet and ensure
prosperity for all as part of a new sustainable development agenda.1 Included in the 17 goals2 was goal 16 on“Peace, Justice and Strong Institutions”.
Goal 16 of the Sustainable Development Goals is dedicated to the promotion of peaceful and inclusive
societies for sustainable development, the provision of access to justice for all, and building effective,
accountable and inclusive institutions at all levels. Under Goal 16, objective 16. 3 sets out one target to“Promote the rule of law at the national and international levels and ensure equal access to justice for all.”As part of UNAFEIʼs 168th International Senior Seminar, the participants were allocated into groups todiscuss particular topics under the overall theme of Enhancing the Rule of Law in the Field of Crime
Prevention and Criminal Justice. In this discussion paper, the group was assigned the topic of “Easy access tojustice for all, including vulnerable persons”.
A. Understanding the Definition of Access to JusticeThe groupʼs consensus was that the discussion would be focused on access to justice for victims of crime
and the public. Here when we refer to the “public”, it is to those who may be affected by crimes that may nothave a specific victim, such as tax fraud and corruption cases. So the group settled on the overall topic of“Access to Justice for All in the Criminal Justice System from the Perspective of the Victim”.
How does a member of the public or a victim report a crime? What is the process to arrest theperpetrator? What are the institutions involved in the criminal justice system? What is easy access to thecriminal justice system?
The group had defined access to justice to include the victim reporting a complaint to the law
enforcement and the law enforcement officials giving out information. Justice is to put things back in theprevious state to the extent possible. For the purpose of criminal justice it is to punish the accused andimportantly to offer a remedy to the victim. From a police investigatorʼs perspective, what victims want isrecovery but most have the expectation for the police to catch and arrest the offender.
www.un.org/sustainabledevelopment/sustainable-development-goals/
Sustainable Development Goals - No poverty; Zero hunger; Good health and well-being; Quality education; Gender equality;
Clean water and Sanitation; Affordable and clean energy; Decent work and Economic growth; Industry, Innovation andInfrastructure; Reduced Inequalities; Sustainable Cities and Communities; Responsible Consumption and Production; Climate
Action; Life below water; Peace, Justice and Strong Institutions and Partnerships for the Goals.
1
2

183

RESOURCE MATERIAL SERIES No. 105

When we refer to the criminal justice system, we refer to the police, prosecution, the judiciary, probationand corrections.
B. Why is It Necessary for the Public to Have Access to Justice?
Modern societies have avoided violence as a way of dispute resolution by establishing a judicial system
based on an independent judicial power that will decide the questions submitted to it according to thelegislation and the evidence provided by the parties. In order to settle its conflicts and disputes through thisrational procedure, the citizens must have the power, the ability and the means to take their issues to the
Courts.
In the field of criminal law in which the acts are more seriously threatening and affect the society, accessto justice is especially relevant. Indeed, victims have suffered the burdens of the criminal act and depend
upon the courts to punish their aggressors and to receive compensation for their losses.
Although generally granted in the various constitutions and national legislation, this right to access the
judicial system must be ensured by the governments through practical measures that materialize the formal
right. If the general population is deprived of this fundamental right ‒ be it by financial, material or legal
reasons ‒ it may need to resort to force to satisfy its needs or simply renounce them.
Access to justice is the beginning of a process that will lead to subsequent investigation and eventual
victim support. Having basic information of the criminal justice system will enable a person to make better
informed decisions, understand the process of identifying wrongs committed against him or her and finding a
remedy. The criminal justice system exists to address those breaches and provide a form of punishment to
the wrongdoer. In the absence of access to justice, people are unable to have their voices heard, exercise theirrights, or challenge discrimination.3
The rule of law is rendered meaningless if the general public is unaware of their rights, unaware of theprocess through which groups and individuals can vindicate their rights and has insufficient access to thejustice system. Therefore, understanding and participation of the general public is required.
The General Assembly of the United Nations approved in December 2012 a resolution adopting theUnited Nations Principles and Guidelines on Access to Legal Aid in the Criminal Justice System. According to
Principle 4, “without prejudice to or inconsistency with the rights of the accused, States should, whereappropriate, provide legal aid to victims of crime”.
Considering that many countries still lack the resources and capacity to provide legal aid, the resolution
encourages the States to “recognize and encourage the contribution of lawyersʼ associations, universities, civilsociety and other groups and institutions in providing legal aid” and to establish public-private and otherforms of partnership to extend the reach of legal aid.
Guideline 9 refers to the implementation of the right of women to access legal aid and encourages theStates to introduce an active policy of incorporating a gender perspective into all policies, law, procedures,programmes and practices relating to aid to ensure gender equality and equal and fair access to justice.
Access to justice is recognised as a global challenge; hence its significance being captured in the United
Nations Sustainable Development Goals. It is true to say that crime affects prosperity both at the national andinternational levels, and therefore it is necessary to be addressed in taking steps to achieve the SDGs.

II. CURRENT SITUATION IN PARTICIPATING COUNTRIES
A. Brazil
The Brazilian Constitution ensures the right to access to justice whenever someone has been affected in
his/her rights. However, this formal constitutional provision does not solve the problem by itself.

3

www.un.org/ruleoflaw/

184

168TH INTERNATIONAL SENIOR SEMINARREPORTS OF THE SEMINAR

Victims are an especially vulnerable group. Unfortunately, the Brazilian criminal process and its main
participants still see the victim as someone who will provide evidence and help the conviction of the
defendant. Recent changes in criminal procedure, however, made it easier for the repayment for losses,
damages or expenses that result from a crime.
In Brazil there is a national public institution, the public legal defence, which provides legal support to all.
However, not all cities have public legal defence offices and even where there are, in some cases, they stilllack the structure and the number of lawyers required to provide legal assistance to the general population.
In the places where there is a shortage of means, priority is given to poor defendants.
B. Cote dʼIvoire
The Ivoirian government, along with the United States of America, has identified that judicial reform iscentral to the reconstruction process of the criminal justice system. This has resulted in the ProJusticeproject. The goal of this project is to make the justice sector more effective, accessible and equitable througha robust training programme targeting key actors in the justice sector, equipment support and infrastructure
rehabilitation. The focus of this project is to improve the existing justice system and facilitate access to justice
by strengthening legal aid resources and creating a broad information campaign to help public understandingof the judicial system. The project also provides for and upgrades infrastructure and equipment to increase
the effectiveness and output of specialists working in the judicial sector. There are judicial officials known as
Gendarmerie who use motor bikes to go to rural areas and assist the community with law enforcement. In
Cote dʼIvoire to address the issue of access to justice, with the assistance of JICA, a call centre or hotline was
set up. There is also the use of brochures such as Allo Justice.
C. JapanJapan has comprehensive systems that enable access to justice for its citizens. It introduced newlegislation to promote and facilitate access to justice for their people including establishing the Japan Legal
System Center (JLSC). It provides legal aid services and a support system to the victim from investigation
through prosecution and trial. The JLSC is based on the goal to realize a society where legal information andservices are accessible anywhere in the country.
The public prosecutorsʼ office provides victim support to reduce trauma and bad experiences of children.
The measure of victim support has been introduced through various materials such as brochures placed at
public offices. It also has in place a victim notification system by which the victims are informed about thecase. The Victim Notification System provides such information as the disposition of the case, the outcome of
the trial, treatment of the perpetrators in prison and the time of their release to the extent possible.
It also has the Koban system, which is a police box located in the communities where police officers workon shifts. This makes it easier for the public to have access to the police. Japan also has a strong law-related
education programme which is included in the school curriculums where children are taught rules and thelegal system.
D. Lao PDR
The Ministry of Justice in partnership with the Asia Foundation have established three legal aid clinics
located in Oudomxai (north), Vientiane (central) and Champasak (south). These clinics focus on providing legal
aid to poor and vulnerable people, especially women, children, and minority populations.
There is training of citizens to become paralegal resource people within their communities. These
volunteers operate as mobile paralegal units, which, in collaboration with the Bar Association, are currently
undertaking community legal education activities across eight provinces. The LBA has produced several
easy to understand brochures and posters on legal aid and legal education that were disseminated widely,
including to villagers, judges, prosecutors, and the police. Village Mediation Units operate under the auspicesof the Ministry of Justice and are designed to address conflicts at the community level through negotiationand the law.
E. Maldives
The Maldives Constitution clearly states that every citizen must have equal rights and equal access tojustice. The Child Protection Act and the Domestic Violence Act protect the rights of the children and
185

RESOURCE MATERIAL SERIES No. 105

women who are most vulnerable. Free Medical treatment and counselling to victims is mandatory. But as asmall island nation and due to geographical situations, access to justice and medical facilities to people livingon remote islands is a huge challenge.
Another challenge is the lack of awareness of the people living in these communities. To tackle these
problems crime prevention committees are established in every atoll and crime reporting measures are madeaccessible through different means, such as through the use of hotline numbers, email, by messaging, lettersetc. Currently, crime prevention committees are established in every atoll. The members of the committee
are elected from the public. They work together with law enforcement agencies to prevent crime by carryingout awareness programmes on the islands targeting the children, parents and the general public. Anothergood practice is door-to-door policing. Police officers carry out door-to-door activities on remote islands. By
visiting homes, the police are able to get feedback from the public and take measures to improve the system.
F. Papua New Guinea
Access to justice services are still a challenge in Papua New Guinea. The Constitution provides for theright to the protection of the law but this mainly applies to those arrested and charged with criminal offences.
There is no specific legislation on access to criminal justice. The police have a significant role in access tojustice but suffer the challenges of manpower and lack of resources. Hence the establishment of a community
police system in the villages. The Courts through the Chief Justice in the last three years have embarked on a
mission of bringing the courts to the people and promoting legal awareness through court circuit sittings in
the districts. The judges, prosecutor, public solicitor and police officers would go on circuit to the district leveland deal with cases from that district, giving the people an opportunity to see the criminal justice system inaction.
G. Sri Lanka
The Sri Lanka Constitution defines the right to access to justice for all. The legal aid system in Sri Lanka
is governed by the Legal Aid Act No 22 of 1979 which provides:
&
&
&
&
&
&
&

Establishment of the legal aid commission
Grants of assistance to deserving persons
Branches for legal aid set up island wide
Set up a legal aid branch in every magistrate/district court (judicial zone)
Legal aid officers appear for litigants in all courts
Poor aggrieved parties have access to guidance, legal representation, both civil and criminal
Accused have free legal representation in high courts

Most people go to the police, and they have built up trust among the community. There is a 24-hour
hotline (119) which the public may access. Community policy committees have been established in 14,022
villages; however, police stations lack facilities for women and child protection bureaus. A National Child
Protection Authority has already been established. There is law-related education for the children, which isstill primitive and may not be effective in the long term. Law-related education should be implemented in theschools initiated by the Japanese government and which are intended for a long-term basis.
H. Thailand
Access to justice is a fundamental right guaranteed by the constitution as well as the rights to freecompulsory education of which the curriculum covers legal education. However, for those in remote areas,
the limit of education due to communication and transportation especially for the ethnic minority,
misunderstanding of criminal justice, lack of resources and lower income are obstacles to access to justice, as
well as gender and issues impacting vulnerable groups.
The right to legal aid has been recognized on a non-discriminatory basis as well as the rights to remedies
for victims from defendants and public funds. Victims have rights to be informed. Legal education and legal
aid, facilities, infrastructure, budget, resources as well as the contribution of each part of the society are allnecessary to ensure the fair, humane and efficient justice system on both the national and international levels.

186

168TH INTERNATIONAL SENIOR SEMINARREPORTS OF THE SEMINAR

III. CHALLENGES OF ACCESS TO CRIMINAL JUSTICE
The group had identified the following as challenges of access to justice by the public.
A. Access to Police Stations and Facilities
The location of a police station is a challenge for the public. Some police stations are not conveniently
located for rural areas and the environment in the station either in the urban or rural areas can be stressful
or hostile. Further there may not be proper interview rooms, for example, rooms to record a child witnessʼsstatement or to interview a juvenile offender.
B. Legal Expenses for the Victim.
Legal advice and representation does not come cheap for most victims. Most people who need suchservices are mainly those who do not have the financial capacity to pay for it. Though most countries havethe government-sponsored legal aid clinics or public solicitorsʼ offices, they may not be located nationwide andhave a lack of manpower to meet the demands.
C. Inefficiency and Lack of Trust in the Criminal Justice System
Some people have had bad experiences with the police in that they were not treated well by the officers or
their cases were not handled well. In addition, there remains a general public perception of the inefficienciesof the criminal justice system.
Some police officers are not very friendly. In some countries, the public do not have a lot of trust in thepolice so sometimes they go straight to the public prosecutor or worse they do not report at all.
There is secondary victimization when people have to go to the police station, the public prosecutorʼs
office or the courts and have to tell too many officers their story or are treated disrespectfully. This leaves anuncomfortable feeling for the victims.
D. Lack of Information of the Prosecution, Judgement and Sentence
One of the challenges the group discussed was the lack of information for the victims of crime. For
instance once the complaint of a crime is made and the case is ready for prosecution, the victims are notaware or informed until the trial date. They may not have any say in how the case is handled and sometimes
are never informed of the outcome of the case. If the offender is found not guilty, they are also not informed or
it may not have been explained why the offender was released. If the offender is sentenced, the victims are
not informed about the length of the sentence and the date of release for the offender.
E. Cooperation between Criminal Justice Agencies and Other Professions
Another challenge identified is the absence of a mechanism between different professions and criminal
justice agencies. This may occur where a complaint of abuse is made by a child to either a teacher or childconsultant; or when a medical doctor through medical examination finds out that the person may be subject
to abuse but may not report because of this.
F. Information or Knowledge about the Criminal Justice System
The insufficiency of the information and knowledge about the criminal justice system is a challenge inachieving equal access to justice for the public. From the different countriesʼ discussions on the challenges intheir respective countries, there is a recurring issue of the lack of basic information about the criminal justicesystem. Law-related or moral and civic education is not compulsory in the education system for mostcountries4.
G. Attitude and Community Pressure
There are some countries where there is community pressure not to report a crime especially where thesuspect may be a prominent person in the community. Sometimes it is because the victim is afraid of thesuspect because either there is fear of, or threats from, the suspect. In cases which involve fraud or
corruption-related complaints, people may refuse to lodge a complaint or report the matter to the police

4

Except in Japan, Thailand, Cote dʼIvoire where law-related or moral and civic education is compulsory.

187

RESOURCE MATERIAL SERIES No. 105

because of political reasons or job security. There could also be out of court settlements in some cases and so
there is pressure to not report to the formal system because the matter has been settled out of court. Not
having the proper information or access to justice may leave a lot of unreported crimes and silent victims.
H. Access to Justice is Not a Priority
Access to justice is a topic that many in leadership may not consider to be a high priority because it does
not give immediate results in election campaigns or winning of votes as opposed to health or education. On
the other hand, policymakers may not view the subject as a priority. Hence no emphasis is placed on access tojustice and allocation of resources.

IV. EXAMPLES OF GOOD PRACTICE
The good practices that the group identified that may be useful in addressing the issue of access to justicefor all may be in the form of long-term plans and legislative effects on access to justice. In some countries, theconstitution or national legislation may have provisions providing for access to justice while others have none.
A. Women only Police Stations
The group identified the use of women only police stations in Brazil as a good practice for addressing thebarriers to access to justice for women and children in reporting crimes. Every city in Brazil that has morethan 100,000 inhabitants has at least 1 women only police station. All cases from these police stations go to a
specialized court, which also has specialized prosecutors. All officers at these police stations are female police
officers and have specialized officers such as psychologists or social workers. It has made a huge impact inthat more women are coming out to report and are treated well unlike before when they were not treated
well. In fact, this example of women only police stations would be consistent with Guideline 9 of the United
Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.
B. Legal Support Centres for Victims
The Japanese Legal Support Centre provides information concerning the legal system, such as procedures
to participate in the criminal proceedings as the victim of crime or to recover damages and reduce pain andsuffering5.
C. Forensic Interviewing
Another good practice used in Japan is forensic interviewing, which is an approach in interviewing thataims to elicit factual information from child witnesses or child victims without leading or biasing a child. This
practice is used in Japan and Thailand as a form of interviewing using open-ended questions and getting thechild to give his or her statement in relation to the crime. This interview is recorded on a DVD so it may be
used in the prosecution of the case. It is intended to reduce the mental stress on the child in having to repeat
his or her story so many times to too many people.
D. Information Brochures
Another simple practice of providing basic information which was considered a good practice and whichis still effective is having brochures or pamphlets with information about access to justice. One example is abrochure prepared by the Japanese police providing information on human trafficking with a hotline number.
These are simple but effective methods of disseminating information on the criminal justice system and how
one can access the system.
E. Legal Aid Clinics
The establishment of legal aid clinics or clinic juridique as in the example of Lao PDR and Cote dʼIvoire
where people can go for basic information about the law and also where they can then be referred to theappropriate criminal justice agency or other legal organization that may adequately assist them.
The Office of Civil Rights Protection and Legal Aid of the Attorney General in Thailand may provide afree litigator called a volunteer lawyer. Access of justice also extends to the availability of dispute settlement,
since the public prosecutorʼs office of Civil Rights Protection and Legal Aid performs free mediation services

5Japan Legal Support Centre, July 2014.

188

168TH INTERNATIONAL SENIOR SEMINARREPORTS OF THE SEMINAR

upon the request of members of the public on a voluntary basis.
Another good example that may be practical is legal aid by the office of the attorney general including theprovision of advice to those who walk-in to the office, by telephone, letter, facsimile, email, or by publicprosecutors who travel to rural areas and set up a contact centre in a municipal office which can direct thepeople by paying a visit to provide legal knowledge or have the municipal staff direct the people in need ofassistance to the public prosecutorʼs office by Skype or by driving them to the prosecutorʼs office.
F. Law-related Education
In Japan, law-related education is promoted and is implemented at all levels of the educational system.
This is a good practice that has encouraged the development of the culture of lawfulness, hence contributing
to make Japan one of the safest countries in the world. In Thailand the Office of the Attorney General has
regularly conducted the training for empowerment of the public and to promote responsible civil society
conducted in cooperation with the education sector, i.e., schools and universities.
G. Participation of Civil Society
In Thailand, the private sector such as the Thai Women Lawyer Association provides free legal advisory
services to people as well as shelter for short-term stays of women in emergency cases.
H. Alternative Dispute Resolution
The Thai government supports restorative justice and alternative dispute settlement, especiallymediation. Public prosecutors conduct training on mediation to build capacity of the heads of villages
throughout the country so that they can understand and mediate the disputes at the first stage. In the large
scale or criminal-related offences, they can refer the case for mediation by the prosecutors including for
mitigating the cases.

V. RECOMMENDATIONS
After having considered the significance, the challenges and some good practices in some of theparticipating countries of access to justice, the group considered that access to justice is vital to the criminal
justice system and the rule of law.
The following recommendations were suggested in response to the challenges:
A. Access to Police Stations and Facilities& Improving the location and facilities of the police stations by bringing them to the communities, e.g.,
establishing community policing in villages and rural areas.
& Improving methods of reporting crimes by the public through the use of the internet, telephone
hotlines or other channels and keeping confidentiality when necessary.
& Establishing women only police stations for domestic violence cases.
B. Legal Expenses for the Victim
Expanding the use of legal aid and legal support centres for victims.
C. Inefficiency and Lack of Trust in the Criminal Justice System& Increase and improve the training of criminal justice agents including forensic interviewing in orderto enable them to deal with victims of sexual crimes, children and vulnerable people.
& To have internal supervision of the cases and conduct of officials to maintain good public relations
with people who interact with the criminal justice system.
& Create manuals or standard operating procedures and follow-up training for police officers on thosemanuals.
& Getting regular feedback from victims/complainants after the completion of the case on (a measure189

RESOURCE MATERIAL SERIES No. 105

of access to justice/quality of service provided) capturing the service of the different agencies in thesystem, e.g., feedback boxes or forms, email or websites.
&

Improving the efficiency of the system by declining and suspending criminal cases after proper
assessment and informing the complainant.

&Establishing an Independent Integrity Commission that could be another avenue for the victims or
the public to raise complaints and review the conduct of officers within the criminal justice agencies.
The Commission could comprise members from the private sector, attorneys, academia andgovernment officials.

D. Lack of Information of Prosecution, Judgement and Sentences& Establishing a Victim Notification Mechanism to improve efficiency in the response and confidence
in the criminal justice system.
&

Improving the efficiency of the system by declining and suspending criminal cases after proper
assessment and informing the complainant.

&Getting regular feedback from victims/complainants after the completion of the case on (a measureof access to justice/quality of service provided) capturing the service of the different agencies in thesystem, e.g., feedback boxes or forms, email or websites.

E. Cooperation between Criminal Justice Agencies and Other Professions
By establishing networks/frameworks and channels of communication between criminal justice agencies
and relevant professionals.
F. Information and Knowledge of the Criminal Justice System
Promoting the work of the police and the criminal justice system through campaigns, the use of the media
and distributions of informative materials, brochures, pamphlets, posters etc. to the public and placing thesematerials in public places.
G. Attitude and Community Pressure& Improving methods of reporting crimes by the public through the use of the internet, telephone
hotlines or other channels and keeping confidentiality when necessary.
&

Promoting legal education both in schools and communities.

H. Access to Justice is Not a Priority
By using marketing strategies to promote the importance of access to justice for all in accordance with
the international standards and norms, including by identifying the organization responsible for the
implementation of the SDGs and working in coordination to promote access to justice.

VI. CONCLUSION
Access to criminal justice by the public is fundamental to the rule of law. The current situation in each of
the participantsʼ countries exemplifies the limitations and difficulties for victims in accessing the criminal
justice system. The challenges include the lack of legal education; the infrastructure of criminal justiceagencies; inefficiency and lack of trust in the criminal justice system; attitude and community pressure overthe victims; poverty; and lack of political priority. In order to overcome these challenges, good practices wereobserved in the participantsʼ countries that may be generally adopted. Based on these good practices,
recommendations were made to facilitate access of victims to the criminal justice system. To implement
these recommendations, it is necessary to secure budgets that are based on effective data analysis and proper
record management.

190