Kathmandu School of Law Review

P-ISSN : 2091-2110, E-ISSN : 2773-8159, DOI : 10.46985, Publisher : Kathmandu School of Law, Nepal
Annual flagship journal of Kathmandu School of Law, Nepal

Volume 2, Issue 1, April 2013
Feature Article

The Scope of Informal Justice Mechanisms in ‘Criminal Justice System’: Critical Observations on Principles, Theories and Prospects

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  • Yubaraj Sangroula
Yubaraj Sangroula
Ph.D., Criminal Justice and Fair Trial; Professor In-Charge at Kathmandu School of Law
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Published 2013-04-30

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How to Cite

Sangroula, Y. . (2013). The Scope of Informal Justice Mechanisms in ‘Criminal Justice System’: Critical Observations on Principles, Theories and Prospects. Kathmandu School of Law Review, 2(1), 9–36. Retrieved from https://kslreview.org/index.php/kslr/article/view/1036

Abstract

The quintessence of the paper is conception of a criminal justice system in which formal justice system and informal justice system jointly work to achieve the greater goal of ensuring security and respecting human dignity. In order to accomplish such complementarily, the conventional stereotypes on retributive, colonial and punitive approaches to the criminal justice system devoid of victimcentrality would have to be done away with. The cancerous vestiges of the colonial thinking are observable in South Asia and have eroded the faith of people upon the government and the justice system acting as a stimulus for designing an effective informal justice system, which has already been in practice since time memorial. With regards to South Asia, it is exemplified by the paralegal committee, Shalis Kendra, Union Parishad and Lok Adalat. The scope of informal justice system in criminal cases manifests in form of community mediation, plea bargaining, restorative negotiation and revocation of cases. Nevertheless, clear guidelines must be formulated to avoid potent problems in the mechanism.

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References

  1. See Jean Hampton & Jefferie G. Murphy (eds), Forgiveness and Mercy (Cambridge University Press 1988) 111-141.
  2. The theory of ‘reciprocity’ has been the most plausible reason behind use of retribution as a tool of effective coercion underlying the criminal justice system. As put by Aristole in his, the Pythagoreans were infamous for justifying exact retaliation to crime committed by the offenders. Their reciprocity denotes lex talionis (the law of identical and direct retaliation) that is axiomatic to ‘should a man suffer what he did, the right justice would be done’. See Aristotle, Nichomachean Ethics (David Ross (trs), abridgement to the original text, Oxford University Pres 1990) 30-33.
  3. Ibid.
  4. Victor Hugo’s Les Misarables is a classic literature. in this regard. In a dialogue between Valjean, the main character of the novel, who is a convicted criminal turned virtuous man, and Javert, the police inspector, latter suggests that ‘the leniency towards criminals cannot be considered as ‘the criminals are born as criminals. In this novel, the writer has made benign efforts to demonstrate that the moral virtues is present even within hardened criminals and their transformation is possible by lessons to reignite within them the sense of moral good as a human being. The State on the other hand has persistently resisted the ‘ideas of reforms and transformation of criminals into good human beings’. See Victor Hugo, Les Miserables (Norman Denny, Penguin Books 1982); the anecdote is recurrent in Fyodor Dostoevsky’s Crime and Punishment. Fyodor Dostoevsky Crime and Punishment (English translation, Penguin Classics 2003); In both these remarkable literary masterpieces, crimes have been presented as outcomes of the ill-structure of the society and its failure to address the need of cohesion in interests of its members, what we at present refer as ‘troubled society’.
  5. Immanuel Kant has argued that retribution was the only possible justification for punishing lawbreakers. In his own words ‘Judicial punishment for civil society, but instead it must in all cases be imposed on him only on the ground that he has committed a crime… He must first be found to be deserving of punishment before any consideration is given to the utility of this punishment for himself or for his fellow citizens.’ Immanuel Kant, Metaphysical Elements of Justice (John Ladd trs, 2nd edn, Hackett Publishing1999) 138.
  6. Les Miserable’s description of the France after revolution pierces the heart. Similar depiction of the Russian society of the time is found in Crime and Punishment. The social wretch and its consequence is depicted in such a way that the main character of the novel moves out with a hallucinating a utopia to fix the societal wrongs by killing oppressor, a lady who pawns things to exploit poor and needy. A law student, the main character of the novel, who has undergone acute depression because of wants and ensuing frustration and darkness of future that causes harms to his vanity, commits a gruesome crime with a belief that killing a person with loathsome qualities and characters, is simply a killing of principle that hinders society to flourish justice. He thinks killing such a person can never be a crime because it is a revolution. Hugo (n 5) 326; Dostoyevsky (n 5).
  7. Hampton and Murphey (n 2).
  8. In the 1950s and 1960s, the American society came to encounter social issues unprecedentedly. The status qou got challenged by the emerging tide of civil rights movement and the crime rates also soared up which, in turn, pressed the US Government to ponder upon the rising trend of the breakdown of the status quo and ensuing challenges. The US Government hence came out with added focus on the ‘need of studies on causes of crimes followed by policies and laws on crime control. Warren Court’s (it refers to the US Supreme Court between 1953-69, when Earl Warren served as Chief Justice leading a liberal majority and used the judicial power in dramatic fashion) contribution is significant in this regard. It issued a series of rulings which redefined citizens’ rights and substantially altered the powers of police and courts. It expanded civil rights, liberties, judicial power and federal jurisdiction and invalidated school segregation (Brown v. Board of Education), protected freedom of speech (Brandenburg v. Ohio), stroked down poll taxes (Harper v. Board of Elections), necesssitated one person one vote system (Reynolds v. Sims), and protected accused against police abuse (Miranda v. Arizona). These new developments brought a sweeping change in the notion of governance and criminal justice system. The decision in Miranda v. Arizona ended the conventional stereotypical attitude of police and courts regarding ‘integrity of suspect or accused. The criminal justice system thus acquired the new rails for sliding ahead. See (for detailed discourse) Cass Sunstien, ‘Breyer’s Democratic Pragmatism’ (2006) 115 Yale Law Journal 1719, 1721-1722.
  9. Nepal, for instance, promulgated the ever first code of laws in 1336, named Manabnyaysastra (Code of Human Justice- a system of law and justice to be carried out by human authorities). The code presented a notion of tougher penal system. Similar to Western societies, it resorted to the model of lex taliones.
  10. Hence, the offender received the same harm he/she had inflicted on the victim. Most importantly, the accused had to prove his innocence. See Center for Legal Research and Resource Development (CeLRRd), Baseline Survey on Criminal Justice System of Nepal (CeLRRd 2002).
  11. Zeng Ge, ‘What Kind of Party? The Role of Crime Victims in Chinese Criminal Procedure’ (2008) 38 Hong Kong Law Journal 493.
  12. A study by CelRRd reveals that Nepal is fully pauperized and alienated. Further, the justice system is considered to be a strictly formal sector, hence the rules are considered sacrosanct. These outlooks obviously push the sector of justice in the shadow of development endeavors. See CelRRd, Research Report on Trial Court System in Nepal (CelRRd 2002); A UN study on crime trends reveals a ‘very sorry state of affairs in the sector of justice in Asia’. The ratio of police personnel (in population of 100,000) in South and South East Asia, including China, is 202 and 299 respectively. The ratio of prosecutors and judges in both regions is 2.5 persons per one hundred thousand populations, whereas this ratio is 10 and 8.6 persons in one hundred thousand in USA. See UN Office on Drugs and Crimes, International Statistics on Crime and Justice (HEUNI Publication 2009).
  13. The delay in criminal proceeding leaves accused languishing in prison for waiting date for trial. On the other hand, the victims are deprived of justice as the trial is a never ending process. Waiting for judgment of the court, the victims of crimes have to spend years with nothing at hands. The reparation or complementation too becomes a matter of illusion. Eventually, the victims of crimes have nothing at hand but to forget the painful past and the accused is simply locked up and forgotten. In Nepal, over 14000 people are incarcerated in prisons having total capacity to accommodate 11000 inmates. There are dilapidated buildings with no basic facilities. In India and Bangladesh, over 300,000 and 75, 000 accused respectively, are waiting for trial for over a long period of time. Many of them are simply forgotten. The pathetic situation appears when ‘most of these accused are acquitted by the when after a long wait for trial. The ratio prosecution success in Nepal, India, and Bangladesh is less than 50 percent. It means that either the acquitted 50 percent are able to tweak the course of justice or they are victims of human rights violation. In any of the case, this is a miscarriage of justice. ‘Locked up and Forgotten’, Conference on Penal Reform in Developing Countries, 6-7 October 2010, Dhaka.
  14. A survey by CelRRd reveals that over 90 percent of prisoners poor with negligible literacy. Most prisoners have committed crimes under pressure of desperate want. A considerable number of such prisoners were found involved in crime of human trafficking, logging and trafficking of drugs. Those who were found guilty of committing crimes of trafficking girls and women for prostitution had victimized another poor person who too was poor and deprived. CeLRRd , Survey on Accessibility to Legal Aid (CelRRd 2010).
  15. Ibid.
  16. India has the largest number of prison-population. About 300,000 people are incarcerated in jails of India and significant number of these inmates are waiting for trial condition. As reported by the Ministry of Law and Justice in 2010, over 92, 000 prisoners waiting for trial condition were set free by end of April 2010. It was said that another 1, 10,000 inmates were supposed to be freed by the end of July 2010.
  17. The scenario is self evident of the state of criminal justice system. ‘Government: Enabling the Governance’ (Online Information Service, 2010) <http://www.igovernment.in> accessed 29 April 2013.
  18. ‘Weak Criminal Justice Encourages Corruption’ is a statement of the Ashwani Kumar, the Chief of the Central Bureau of Investigation (India). ‘Statement of Ashwani Kumar’ (Indianexpress).
  19. <http://www.Indianexpress.com> accessed 29 April 2013.
  20. See Anupama Rao & Steven Perce, Discipline and the Other Body: Humanitarianism, Violence and Colonial Exception (Duke University Press 2006).
  21. During the Maoist insurgency, the government enacted Terrorist and Disruptive Activities Control Act 2002.The Act gave sweeping authorities for Police to arrest, detain and interrogate suspects. The authority included ‘power to detain person for uncertain period of time’ without judicial process or charge. Similarly, in the aftermath of the terrorist attacks of September 11, 2001 and the attacks soon thereafter on the Jammu & Kashmir Assembly and the Indian Parliament buildings, the government of India enacted the sweeping law namely, the Prevention of Terrorism Act 2002. Bangladesh introduced a similar law empowering the police to take rapid actions against criminals. Sri-Lanka has stricter law and Pakistan is not an exception. All these hard laws provide sweeping powers to the officers to arrest detain and interrogate suspects and charge them with crimes as per their wishes.
  22. The Ranas represent a system of oligarchy, a rare practice, in any part of the world of holding the post of prime minister in hereditary line. They ruled Nepal, in backing of the British in India. While the monarchy continued, it was put in a palace as a titular institution; it wielded no powers at all. The first Rana ruler Janga Bahadur was inspired to introduce a Napoleon Code-like law in Nepal, and thus he promulgated in 1854 a code popularly known as Muluki Ain (General Code). The Muluki Ain derived a number of principles and rules from the Napoleon Code. As a matter of fact, Nepal introduced a civil law system while India, under the British was ruled by common law system. The Muluki Ain also encapsulated the historically developed rules of laws and values concerning criminal justice which was equivalent of medieval inquisitorial system in Europe. The Muluki Ain adopted a punitive approach and methods in arrest, detention, interrogation and trial. It ended the practice of plea bargaining Nepal historically used and formally legitimized the ‘torture’.
  23. Though British used common law and discarded practice of ‘extra-judicial’ confession as evidence for conviction, torture was used extensively to extract confession from natives (Indians) who were viewed as being accustomed to such practices under pre-colonial regime. Torture was used in not merely sporadic incidents of crimes. It was rather a policy pursuit of the colonial administrators. They viewed that the native population was uncivilized and the use of force was necessary to make them behave as proper colonial subject’. Rao & Perce (n 18) 5, 26.
  24. A joint study by CeLRRd and DIHR (then DCHR) reveals that about 50% of cases would be in backlog every year in Nepal. However, as pointed out by the research the percentage of cases backlogged over a period of three years was a smaller, or we can say negligible. See CeLRRd & DIHR, The Comprehensive Analysis and Reforms of Criminal Justice System of Nepal-1999 (CeLRRd, DIHR 1999); The problem of backlog and ‘in-wait for trial’ condition in Indian and Bangladesh is extreme. See Malimath Committee, Malimath Report (2003).
  25. The new Government led by Dr. Baburam Bhattarai executed removal of 650 criminal cases, some of them included rape and cold-blooded murder. See United Nations Human Rights Commission (UNHCR), Remedies and Rights Revoked (June 2011).
  26. Malimath Report (n 22).
  27. See Yubaraj Sangroula, ‘Professional Relationship between Crime Investigators and Prosecutors in the Human Trafficking Crimes’(2012) 1 Kathmandu School of Law Review 12 , 12-33
  28. Mariano-Florentino Cuéllar, ‘The Political Economies of Criminal Justice’ (2008) 75 University of Chicago Law Review 941, 941.
  29. See James Vicini, ‘Number of US Prisoners Has Biggest Rise in Six Years’, Reuters, 27 June 2007 <http://www.reuters.com/article/domesticNews/idUSN263705312007627> accessed 28 April 2013.
  30. Cuéllar (n 26) 942.
  31. See generally Jonathan Simon, Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (Oxford University Press 2007).
  32. UNODC, ‘The 2012 United Nations Survey of Crime Trend and Operations of Criminal Justice System’ (UNODC , 2012) accessed 28 April 2013.
  33. See Scott M. Noveck, ‘Testing the Theory of Rational Crimes with United States Data 1994-2002’, Inter University Consortium for Political and Social Research Bulletin, Institute for Social Research, University of Michigan, 2006-2008.
  34. Gary S. Becker, ‘Crime and Punishment: An Economic Approach’ (1968) 76 Journal of Political Economy 169, 169-217.
  35. Isaac Ehrlich, ‘Participation in Illegitimate Activities: A Theoretical and Empirical Investigation’(1973) 81 Journal of Political Economy 551, 551-767.
  36. Ehrlich has made attempt to depict the overall impacts of crimes on market. Through his research, he has identified losses due to socially inefficient investment by criminals in the course of criminal activity. He says, ‘For instance, the time that criminals spend engaged in criminal activities rather than legal occupations results in a loss of potential production, which is essentially an opportunity cost of crime to society. Because criminal activities are inherently non-market activities, the “wages” from crime are not priced at the market rate, which obstructs the efficient allocation of labour. Ehrlich also points to socially wasteful expenditure by criminals in order to protect against prosecution, including any resources a criminal uses to cover his tracks and all fees paid to defence attorneys to try and avoid conviction’. Ibid.
  37. . The particle of violence by communities against couples engaged in inter-caste marriage in India, Bangladesh and Nepal is still a serious problem. Occasionally, the spouses are forced out of the community, and sometimes physically assaulted. The government authorities, the police officers in particular, seem to be less interested to intervene in such situation. The criminal justice system in such a situation remains not only dormant but may be used against the victims. While it is typical case of abuse of power, the criminal justice system finds no mechanism to enforce against such authorities. In Khanchanpur district, one of the southern plain districts of Nepal, a married inter-caste couple was removed off the village. When they returned to visit their sick grandmother, they were physically assaulted and seriously wounded. The police officer of the district declined to register FIR and take action against perpetrators until a legal action was proposed by the Office of the Attorney General. It implies that the enforcement mechanisms of the criminal justice system in traditional developing societies need to be considered in view of the reality of the society.
  38. The legitimacy of a rule of law is determined by its accomplishment of protecting individual's physical integrity, ensuring security of person, safeguarding freedom of choice and action, promoting capacity of acquiring knowledge and furthering participation in economic activities. These indicators determining the legitimacy of a rule of law constitute a 'regime of justice. A law violating one or other of these indicators is considered unjust law. Only a just law can secure justice. Thus, the term 'justice, conceptually, is an instrument of securing just or rational quality of law. See Brian H. Bix, ‘Joseph Raz and Conceptual Analysis’ (2007) 6(2) Philosphy and Law (APA Newsletter) Spring, 1-7.
  39. See Randall Peerenboom, ‘Human Rights and Rule of Law: What is the Relationship?’ University of California Los Angles School of Law, Public Law & Legal Theory Research Paper Series Research Paper no. 05-31/2005.
  40. Zeng Ge, ‘Which Kind of Party? Role of Role of Victim In Chinese Criminal Procedure’ (2008) 38 Hong Kong Journal 493, 493.
  41. See Alline Pedra, Jorge Birol & Arno Dal Ri Junior, ‘The Role of Organized in Informal Justice 40 Ibid.
  42. See Gabriel Hallevy, ‘Is ADR Alternative Dispute Resolution) Philosophy Relevant to Criminal Justice?
  43. Plea Bargains as Mediation Process between the Accused and the Prosecution’ (2009) 5(1) Original Law Review, 4-5.
  44. Pedra, Birol & Ri Junior (n 39).
  45. According to Hofeld’s theory of rights, claim-rights require duty bearers for enforcement. As rightly pointed out by Prof. Laurence H., the victims owe claims against the government. In his statement to Senate Judicial Committee, Laurence opined that ‘rather it is the government authorities themselves, those who pursue (or release) the accused or convicted criminal with insufficient attention to the concerns of the victim, who are sometimes guilty of kinds of violation that properly drawn amendment would prohibit’. See Senate Judiciary Committee, Proposed Constitutional Amendment to Protect Victims of Crimes (Statement of Laurence H. Tribe, 05th Congress 1st Session, 1997).
  46. See ‘Linkages between State and Non-State Justice System in Eastern Afghanistan (A Survey Report)’ (The Liason Office, 2009) 5 accessed 28 April 2013.
  47. Roscoe Pound claims that anglo-american legal system is plagued with an ‘individualist spirit’ a focus on litigation as a ‘game’. See generally Roscoe Pound, ‘The Causes of Popular Dissatisfaction with the Administration of Justice’ in Kathleen M. Sampson (ed) Handbook for Judges (2004).
  48. Laura Nader, ‘Controlling Processes in the Practice of Law: Hierarchy and Pacification in the Movement to Re-Form Dispute Ideology’ (1993) 9 Ohio St. Journal on Dispute Resolution 1, 5–6.
  49. See Gabriel Hallevy (n 42) 5.
  50. Ibid.
  51. Nader (n 46) 6.
  52. Hallevy (n 42) 6.
  53. For instance, Raute and many minority indigenous communities in Nepal find it embarrassing to approach the court. In Mustang, the community of Thakali people has a court of their own presided by a group of elderly. The trial takes place in public. The parties can present witnesses for testimony. The judgment is awarded after an elaborate hearing. The judgment is fully respected by the parties as there is a strong social pressure behind the judgment. The government institutions often take no cognizance of cases from such communities because the enforcement of judgment without approval of the elder leaders of the community is virtually impossible. Hence, the government institutions tacitly allow the community to settle disputes, expect those which involve heinous crimes like murder, robbery etc. For last some years, some institutions have taken initiatives to provide skill training of mediation to leaders of the community. In the community of Raute, which is still a nomadic community, no interference of any type from the Government is acceptable. The community has its own chief who has the jurisdiction to try all civil and criminal cases. Not a single case from this community has reached to the formal system as of now. The rate of crime, due to stronger social sanction and societal security system is negligible in these communities. Occasional incidents of violence also effectively dealt with by the societal mechanism. See generally Johan Reinhard, ‘The Raute: Notes on a Nomadic Hunting and Gathering Tribe of Nepal 1974’ (THLIB) < www.thlib.org/static/reprints/kailash/kailash_02_04_01.pdf> accessed 28 April 2013.
  54. Ibid.
  55. Pedram, Birol & Ri Junior (n 23).
  56. Ibid.
  57. Ibid.
  58. E. Wojkowska, ‘Doing justice: how informal justice systems can contribute?’ (United Nations Development Programme and Oslo Governance Centre Disponível, 2006 <http://www.undp.org/oslocentre/docs07/DoingJusticeEwaWojkowska130307.pdf. Vistied on 20> accessed 30 October 2012.
  59. The Liason Office (n 44).
  60. The community mediation has been a successful instrument of dispute settlement in Nepal. A study conducted by CeLRRd recently in some sample districts (Dang, Udaipur and Morang) shows that paralegal committees responsible for community mediation frequently harass males (husbands) upon complaints from their wives. In Nepalese society, the violence against women is still a serious problem. So when women get such platform, the biasness may burst out. The mediators predominantly women act in prejudice. CeLRRd (2011) (Unpublished Report).
  61. The Liason Office (n 44).
  62. Pedra, Birol & Ri Junior (n 23) 60.
  63. W. Scharf, ‘Non-State Justice Systems in Southern Africa: How should Governments Respond’ (Governance and Social Development Resource Centre) <http://www.gsdrc.org/go/topicguides/ justice/non-statejustice- and-security-systems> accessed 21 October 2012.
  64. Informal justice mechanisms pose many risks to women and girl victims of violence. However, there is general consensus that simply outlawing practices or mechanisms without public education and awareness is the least effective means of reform in the informal sector. Changing the law in combination with ongoing education and provision of alternatives is a preferable strategy. UN WOMEN, ‘Informal Justice Mechanisms’ (UN Women, 2009) accessed 28 April 2013.
  65. In Nepal, for instance, a person having his/her civil claims filed before the court should consult the 'mediation counselling office' installed in all trail courts. Once the response of the counter party is received by the court, parties are called by a sitting judge in the mediation counselling and information concerning the 'procedure applicable in the case is given' and in the meantime they are urged to seek outer court settlement my mediation. Legal counsels of the parties accompany and participate in the discussion. The trial judge enjoys discretion of calling the parties jointly and individually with a view to prepare them for settling the disputes by mediation. However, no pressure or mandatory requirement is made. The same practice is aptly applicable in criminal cases, provided that it is fit to be resolved by means of informal mechanism. ‘Success Story: Revitalizing the relationship distorted since 20 years’ (AccesstoJustice, July 15 2012) < http://a2j.org.np/story_id=2> accessed 28 April 2013.
  66. See generally Sayantan Gupta, ‘Alternative Criminal Dispute Resolution System: An Evolving Interface in India’ (Abstract, SSRN) <http://ssrn.com/abstract=1461375> accessed 28 April 2013.
  67. ‘Fifty Four Years in Jail without Trial: The Plight Prison Inmates in India’ (Asian Human Rights Commission, 2004) accessed 28 April 2013.
  68. ‘UNICEF-Real- Lives-Paralegal Committees’ (UNICEF) accessed 28 April 2013.
  69. MLAA (Madaripur Legal Aid Association), ‘Enhancing opportunity to justice at rural level’ ; See also Belal Husain Joy (editorial), ‘Court of Conscience-A Bangladesh Model of Mediation Mechanism (part I)’ Daily Sun, Monday 23 May 2011.
  70. See ‘Lok Adalat Mechanism’ (Andhra Pradesh State Legal Authority 2010) <http://apslsa.ap.nic.in/local_adalat_mechanism.html> accessed 28 April 2013.
  71. Joseph A. Coquitt, ‘Ad Hoc Plea Bargaining’ (2001) 75 Tul Law Review 695, 696; Samuel R. Gross, ‘The Risks of Death: Why Erroneous Convictions Are Common in Capital Cases’ (1996) 44 Buff Law Review 469, 487.
  72. Hallevy, (n 41) 6.
  73. See generally Anne M. Heinz & Wayne A. Kerstetter, ‘Pretrial Settlement Conference: Evaluation of a Reform in Plea Bargaining’ (1979)13 Law & Society Review 349.
  74. See generally Brandon J. Lester, ‘System Failure: The Case for Supplanting Negotiation with Mediation in Plea Bargaining’, (2005) 20 Ohio St. Journal on Dispute Resolution 563.
  75. Mark William Bakker, ‘Repairing the Breach and Reconciling the Discordant: Mediation in the Criminal Justice System’ (1994) 72 N C L Review 1479, 1486.
  76. D. Glaser, Profitable Penalties: How to cut both Crime Rates and Costs (Pine Forge 1997) 269.
  77. Anupam Sharma v. NCT of Delhi & Anr 146 DLT 497 (Delhi High Court 2008).
  78. The experience of Nepal is noteworthy. In 2011, the District Court Regulation introduced a system of fast-track hearing’ of cases upon request of the parties. This provision has implicitly empowered victims of crimes to approach prosecutors, i.e. state lawyers to expedite the trial and final hearing the case. The importance of fast-track mechanism lies on protection of evidence from being tampered by offenders or by lapses of time. It is therefore significant instrument to consider from the point of speedy trial and protection of the interests of victims of crimes.
  79. Penal Reform International, Penal Reform Strategies in Asia and Pacific: The Experiences of Penal Reform International and Partners on Prison Reforms and Access to Justice (Penal Reform International 2003) 2. Systems: Brazilian Case’(2011) 2(1) International Journal of Security and Terrorism 59, 59-80.

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