CIVIL OVERSIGHT OF THE LAW

FOR EVERY DOLLAR

SPENT, OPENTRIAL

GUARANTEES TO

LIFT AT LEAST

ONE PERSON OUT

OF POVERTY IN

 THE DEVELOPING

WORLD

No other initiative has anything approaching the same exponential return, and the reason, metaphorically speaking, is that instead of OpenTrial donating food, we provide fishing rods so that people may fish for their own food.

That is, OpenTrial works to provide the tools that enable societies to bring their legal systems to account themselves; those tools being online information that can be used by civil society to combat corruption, violence, human rights abuse and injustice within legal systems. This strengthens the rule of law, which, in turn, provides the basis for economic, social and political development, all of which lift people out of poverty, exploitation and abuse

 Legal system efficacy should not be taken for granted; but must be demonstrated on a daily basis. While we may ascribe authority and functionality to legal systems, those around the world that can be relied upon to mete out justice tend to be the exception rather than the rule. However, corruption and torture in legal systems can be beaten; email us for a complimentary project guide explaining how this can be done for various countries around the world.

OpenTrial mission & goals, the rule of law, open justice and the internet

MISSION

To reduce the scope for corruption, violence and human rights abuse within developing-world legal systems and, thereby, strengthen the rule of law in aid of national development.

GOALS FOR EACH COUNTRY:

Short-term: Legal system transparency that engenders improved accountability, civic engagement and reform.

Medium-term: A reduced incidence of legal system corruption, violence, human rights abuse and injustice. 

Long-term: Greater legal stability and predictability, reduced levels of corruption generally, greater capitalisation of assets, improved commerce and standards of living, reduced environmental degradation, reduced levels of conflict and disorder, lower incidence of radicalism and enhanced freedom of expression.

RULE OF LAW:

The Secretary-General of the United Nations defines the rule of law as:

• a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.

Respect for the law by the authorities and the ideal of equality before the law are the bedrock of prosperous and democratic societies in the developed world. In the developing world, however, legal systems are very often dysfunctional, blighting the country they are supposed to serve, thus retarding social, political and economic development.

 OPEN JUSTICE:

Open justice is central to OpenTrial's work in the developing world.

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Some quotes on justice and the lack of it:

"In the darkness of secrecy, sinister and evil in every shape shall have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity, there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial."

Jeremy Bentham, English Philosopher (1748-1832)

"Better that ten guilty persons escape than that one innocent suffer."

William Blackstone, C18th English Jurist

The one great principle of the English law is to make business for itself. There is no other principle distinctly, certainly, and consistently maintained through all its narrow turnings.” Bleak House

"Circumstances may accumulate so strongly even against an innocent man, that directed, sharpened, and pointed, they may slay him." The Mystery of Edwin Drood

“These sequestered nooks are the public offices of the legal profession, where writs are issued, judgments signed, declarations filed, and numerous other ingenious machines put in motion for the torture and torment of His Majesty's liege subjects, and the comfort and emolument of the practitioners of the law.” The Pickwick Papers

The principle of open justice

 "[The principle of open justice] is a cardinal principle of our justice system. It underpins the rule of law and our liberal democracy. It is a principle which requires the courts to engage with the public." LORD NEUBERGER OF ABBOTSBURY, Master of the Rolls for England & Wales, Judical Studies Board Annual Lecture 16th March, 2011

 

Huge gulf between rhetoric and reality

"The rule of law in Thailand, Cambodia, and most of Asia is weak or non-existent: apart from a number of states and territories, across the continent there is a huge gulf between the rule of law rhetoric and reality. In Thailand, the police force is an organized crime gang. In Cambodia, judges are proxies for the ruling political party….That a judge may harbour political prejudice or apply the law unevenly are the smallest worries for an ordinary criminal defendant in Asia. More likely ones are: Will the police fabricate the evidence? Will the prosecutor bother to show up? Will the judge fall asleep? Will I be poisoned in prison? Will my case be completed within a decade?" AWZAR THI, a member of the Asian Human Rights Commission.

A great vermin - corruption

"Money, they say, is the root of all evil. The bench is definitely not the place to make money. A corrupt judge is, thus, a great vermin, the greatest curse ever to afflict any nation. The passing away of a great advocate does not pose such public danger as the appearance of a corrupt and/or weak judge on the bench for, in the latter instance, the public interest is bound to suffer, and justice....... is thus depreciated and mocked and debased. It is far better to have an intellectually average, but honest judge, than a legal genius who is a rogue. Nothing is as hateful as venal justice, justice that is auctioned, justice that goes to the highest bidder." JUSTICE CHUKWUDIFU OPUTA, Judicial Services Commission, Nigeria.

Few judicial systems work reasonably well

"While judicial systems are visibly present in most countries, those that work reasonably well are found in relatively few." ROBERT SHERWOOD  University of California in Berkeley

No crueler tyranny

"There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice." CHARLES DE MONTESQUIEU French politician and philosopher, 1689-1755

ACCESS OUR:

'Law on Trial' Gazette - Indonesia / Nigeria

Our magazine focuses on rule of law issues, projects, initiatives, latest developments, judicial transparency and reform.

OpenTrial Community

The OpenTrial International Online Community is for those concerned about justice-detracting violence and corruption in legal systems, and who wish to work for change through reform, exposure, networking, communicating and sharing with other like-minded people.

LEXPOSÉ: Prototype Legal System Exposé -

    /   

By improving legal system and judicial transparency, through making information and data available, we aim to advance:

• Objective and socially-transparent appointment processes that ensure the most competent candidates of high integrity are appointed as judges, police chiefs and prosecutors.
• Legal system salaries that are commensurate with position, experience, performance and professional development; post transfers and case assignment based on objective criteria that do not cater to vested interests; and public scrutiny of  the training of judges, police chiefs and prosecutors  throughout their careers.

  Read more...