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Defending the Poor


Last modified 2007-11-03 07:00

On the day he was released from prison he began looking for work. He knew his family had suffered during his time in prison and he desperately wanted to begin providing for them again. It was difficult going. Then one afternoon, a few days later, the police came and accused him of committing a robbery in the area. He was summarily arrested and dragged off to prison. As an ex-prisoner, his guilt was readily assumed. Unable to afford legal help, his conviction is all but assured. His situation is bad, and his family’s welfare is worse than ever. He feels totally isolated, forgotten and alone.

This scenario is not unusual. Prisoners and ex-prisoners all too often find themselves being charged, convicted and sentenced to prison for crimes they did not commit. Some of them don’t even have the benefit of a trial. Their guilt is assumed and they are simply packed off to prison. Although many countries provide court appointed lawyers (legal aid) for accused persons who cannot afford legal help, such assistance is often not available until the trial date and as a result theirdefence is inadequate and unprepared. In other countries, no legal assistance of any kind is available to destitute prisoners. In such circumstances prisoners
often find themselves serving prison sentences without ever having a proper trial simply because they were unable to obtain legal help.

In many countries, Prison Fellowship is coming to the aid of poor prisoners by providing legal assistance to those who cannot afford to pay for the services of a lawyer. These ministries are finding that helping prisoners in this way leads to a meaningful and continuing relationship with inmates and their families.

Legal assistance is one of the first services Prison Fellowship Ecuador offered to prisoners when the ministry was formed in 1984. Since then PF has helped thousands of prisoners throughout the country. “We help, on average, 100 people per year in Quito, and a similar number in Guayaquil,” says Santiago Crespo
Romo of PF Ecuador and recently elected PFI Board member. Volunteer lawyers provide legal services to the prisoners without charge, preparing their defence and also helping them deal with other issues such as repatriation to their country of origin if they are foreigners. Law students from the university often
fulfil their internship requirements with PF by providing research and support for the volunteer lawyers. Law students meet with the inmates, research their cases and acquire any necessary legal documents, and then meet with the lawyers to plan the defence. All inmates have access to PF Ecuador’s legal assistance.

As a law school professor, Ramiro Llanos, Executive Director of PF Bolivia, is in an ideal position to provide legal help for needy prisoners. He and his law students provide free legal assistance during the pre-trial phase, when the accused inmates do not have access to court-appointed la wyers. They gather evidence and interview witnesses to ensure that their case has been properly prepared.

PF Georgia also provides legal assistance to prisoners. Since prison visitation by outside groups is severely restricted in that country, PF has found legal assistance to be an excellent means by which to make contact with inmates. Recently, PF volunteer lawyers assisted three teenage boys who were charged with stealing
from a home in their neighbourhood. The boys were innocent, but had no money and no access to legal help. The lawyers met with the boys and took the case before a judge arguing that there was insufficient evidence on which to base the charges against them. The case was dismissed and the boys were released.

In many countries, legal assistance is the first and only help a prisoner awaiting trial is interested in. Prison Fellowship is in a position to provide such assistance and in doing so reminds prisoners that God has not forgotten or abandoned them.


November 2005

Spotlight

View these items of interest from www.pficjr.org

Saving New Zealand-- the Role of the Church and Faith-Based Organizations in Criminal Justice

What is Human Valorisation?

Improving Conditions in Overcrowded Prisons

Restorative Justice at Work

Sycamore Tree Project®

Communities of Restoration

What is restorative justice?

Restorative justice is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders.

Practices and programs reflecting restorative purposes will respond to crime by: (a) identifying and taking steps to repair harm, (b) involving all  stakeholders, and (c) transforming the traditional relationship between communities and their governments in responding to crime. more