Home / Articles & Publications

A Human Rights Lawyer as DPP?

by Rory Field

Rory Field, Director of Public Prosecutions, Belize

I am not unique in being a human rights lawyer and, at the same time, the Director of Public Prosecutions (DPP) of a commonwealth country. However, I suspect that this situation is by no means the norm. Such a position raises exciting opportunities as well as considerable challenges.

There is a belief held among some individuals striving in the legal and human rights arenas, that human rights lawyers should represent the defence and not government. Despite this, in the United Kingdom, the majority of criminal lawyers prosecute as well as defend. Often, the type of work undertaken in early practice is dictated by the work coming into the barrister's chambers. At a later stage the barrister, with a greater control over his source of work, may choose to specialise more in one area than the other, either due to a personal preference for prosecution or defence or because of perceived financial or career ad vantages. The barrister will still be available, at least in principle, to work for the crown or the defence. This approach of straddling the divide has been in keeping with the principle of the fearless advocate who does not take sides. A number of lawyers who consider themselves to be concerned with human rights practise in this way.

In contrast, some of the better-known human rights practitioners have clustered in chambers where prosecution is frowned upon. There are clear advantages to being part of a group of barristers who, in the public eye, are separate from the status quo. Such groupings can gain a reputation for carrying out a certain type of work. The reputation can spread beyond that of the well-known individuals in the chambers and can benefit others within the set. The chambers can thus attract defence work in greater quantity and quality.

Arguably, there is another route a barrister can take in advancing human rights. I would suggest that a lawyer who is interested in human rights is best served by being open-minded about the subject and asking himself how he can best serve his fellow human beings through the medium of being a lawyer. This may very well mean that by being a fair mind within the government or the prosecution service, one has a better opportunity to influence the system and ensure that human rights are not abused, than by being a staunch fighter outside the gates. In no way do I suggest that the dedicated activist fighting the government at every turn does not have an essential role in assuring that government does not trample the rights of the individual. but equally I would argue that the concerned lawyer working from within the system is potentially of equal importance.

An invitation to Belize

I was invited to go to Belize to take up the post of DPP by the UK's dynamic new Attorney-General, Godfrey Smith. His plan was to reinvigorate the legal system. Key parts of that plan were the employment of a new Chief Justice and a new DPP. My credentials as a barrister practising at Hardwicke Building, Lincoln's Inn, who mainly defended, despite maintaining a degree of prosecution work, did not put him off, nor did my position as treasurer of the Bar Human Rights Committee of England and Wales, or the fact that I had spent five weeks in the previous year undertaking human rights fieldwork in Sierra Leone and Turkey. Indeed, this international outlook was, if anything, a selling point.

For myself, I was uplifted by the positive nature of his vision. I was equally excited by what I saw as a real opportunity to contribute to improving the lot of the person on the street, both to protect the innocent citizen from criminality and to protect the suspect from unfairness in the legal process he/she faced. It was a bonus to discover that this opportunity existed in a country rightly considered by its inhabitants to be a 'jewel'.

Belize is a small country the size of Wales, sitting on the Caribbean coast of Central America. It has a legal system based on the common law and closely aligned to the system still practised in the Temple. It has unique attractions to the investor and holiday-maker in that it is the only English speaking country in Central America; culturally it is both a Central American and a Caribbean country. It has a stable democratic system of government; it is relatively safe and does not suffer from the degree of human rights problems often associated with the region. It is blessed with the second longest barrier reef in the world and untouched rainforests, which are a home to five species of big cat and an archaeological treasure trove of Mayan ruins.

The legal establishment is very small and although individual lawyers are as bright and articulate as their colleagues in the United Kingdom, they struggle with a lack of resources to deal with a national legal system which is increasingly affected by an international system which demands identical standards from all countries, whether rich or poor.

Challenges in the criminal law

Particular problems exist in the arena of criminal law. Belize has been tainted by the growth of criminality experienced by countries within the region. While nothing like as violent as the neighbouring Caribbean islands or urban USA, it has still been affected by the malaise of drug abuse and the culture of violence exemplified by the North American inner city.

The police force are understaffed, under trained and under resourced. This leads to inadequate investigation skills and very little forensic analysis. The same laws and safeguards to protect the defendant apply as they do in the United Kingdom, giving the criminal what the public perceives as a very real advantage and creating an inequality of arms.

The office of the DPP has some input into investigation but is usually brought in after all the meaningful investigation has occurred. My short-staffed office conducts trials in under resourced courts. If a conviction occurs, the sentencing process in a serious case is likely to result in a lengthy incarceratior1 in the notorious national prison, nicknamed the 'Hattieville Ramada'.

The role of the DPP encompasses wide considerations such as environmental prosecutions, which throw up the spectre of being i n conflict with bi g business interests. Belize prides itself on its achievements in the fields of eco-tourism but inevitably the interests of tourists in viewing the natural beauty are different from the interests of those who wish to maintain it. The development of resorts and the access of tourists to reef and forest, lead to the destruction of the very assets that the tourists come to see. For the local population, farming the sea and land are destructive of the precious environmental resource, yet essential in providing food for the populace.

Drugs prosecutions are a more typical aspect of a DPP's work. Worldwide, the problem of hard drug abuse on the individual is a constant threat to the fabric of society. Drug transhipments to the USA create an international dimension to the problem in Belize. Gang members willing to use extreme violence to escape the court system can threaten the security of witnesses. Thankfully, there has been little experience of that threat being applied to the judiciary, juries and law officers. Meanwhile, murders between gang members and murders by gang members Of shopkeepers are at an unacceptably high level, even if they are below the regional level.

Despite these problems, Belize has the delightful advantage over its Caribbean neighbours that tourists can still walk along the beach on the islands offshore at night without being afraid of what might happen. This is a situation which needs to be protected because it is clear from experience throughout the region that this pleasant state of affairs can easily be lost.

A particular set of problems abound in the area of crime within the family. There is a high incidence of sexual crime within the family, with the abuse of children being a particular concern. There is also an unacceptable level of violence within the family, particularly violence perpetrated by the male onto the female partner. It must be a priority to generate a higher level of social stigma to this type of behaviour so that the female victim has more confidence in coming before the court and the perpetrator is punished. A high level of other general sexual offences also exists. Some of the ethnic minorities consider it acceptable for a female child to become sexually active at a very young age. Countering this behaviour requires a delicate consideration of the culture of differing ethnic groups. It is not good enough to simply impose a Western cultural ethic through the medium of the criminal court without giving due regard to the differing cultural values of other groups Despite this reservation one still has to hold the child's welfare as being paramount in one's considerations.

The problems in the nuclear family have been exacerbated by a flow of Belizeans to the USA in search of work opportunities. Often parents leave their children behind with grandparents aunts or uncles. The result is children roaming free, inadequate family control and sometimes abuse from the new parent figure. Other young Belizeans, tempted by the diet of violence shown on cable television imported from the USA, move to the lawless urban centres of the States. When they are deported home after joining street gangs in the USA, they return with a hardcore set of criminal values and skills that the Belizean authorities are not used to dealing with. The result is an importation of violence into a disaffected youth where drugs are easy to come by. Fortunately, because of the general good nature and social cohesiveness that exists throughout Belizean society these generators of crime have not created as bad a situation as elsewhere.

The problem of road traffic offences often seems a very minor matter when considering the spectrum of serious criminal offences. Despite this, Belize has suffered an inordinate amount of death and injury of citizens caused directly by bad driving and driving under the influence of drink or drugs. Because of the extent of the loss of life, it will have to be a priority to attack this area of crime.

Some solutions

As a human rights lawyer with international contacts, I have been able to liase with the American, Canadian, UK and Australian authorities in the search for assistance which includes: training for police and lawyers, library resources, computer resources and staff funding. I am currently liasing internationally on the provision of expert police and forensic assistance to help with a string of particularly gruesome crimes. My peregrinations have taken me into the area of considering sentencing reform, prison conditions and rehabilitation. I have lectured at the police training college on the need for fairness to the suspect during police investigations. I have been party to the establishment of a team to undertake environmental prosecutions. I have sought cooperation with the US authorities on matters of drugs trafficking as well as the containment of deportees.

I hope that with my concern for human rights I am able to look at the situation as greater than one in which crimes occur, suspects are arrested, charged, tried and punished. I hope to be able to be involved in trying to ensure that the crime does not occur in the first place, through sending a message through the medium of the court, that certain crimes will not be tolerated, particularly crime within the family. If a crime is committed, I wish to assist in ensuring that the correct person is prosecuted, that he/ she is treated properly and the case is investigated professionally, that if he/she goes to trial then the case is dealt with promptly and fairly. If convicted, he/she should face a range of sentencing options. Sentencing policy should be consistent and not arbitrary. The prison conditions should be improved. In the long run, I believe this approach will best help the criminal justice system and the country at large.

Conclusion

Accordingly, the position I fill is partly a guardian of society from the ravages of crime and partly a check on the abuse of rights by institutions such as the police. Walking this tightrope is by no means easy. It will be impossible to make every party happy. On the other hand, it presents a real opportunity to have an impact through the law on people's lives. The people of Belize, 'the jewel', are well worth any protection that I can give.

Rory Field, Director of Public Prosecutions, Belize

This article is reprinted from June 2000 Newsletter of the International Bar Association Human Rights Institute

27 July 2000

Top of page