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In 1994, I walked into a prison in Cambodia,
譯者: Ana Choi 審譯者: Chueh-chen Wang
and I met a 12-year-old boy
在1994年,我走進了柬埔寨的一個監獄,
who had been tortured
遇到了一個12歲的男孩,
and was denied access to counsel.
他被嚴刑拷打
And as I looked into his eyes, I realized
還被禁止獲得律師協助。
that for the hundreds of letters I had written
我看著他的眼睛,我意識到,
for political prisoners, that I would never have
我為政治犯寫了的
written a letter for him,
數以百計的信件,但我不會
because he was not a 12-year-old boy who
為他寫信,
had done something important for anybody.
因為他不是一個
He was not a political prisoner.
做了什麼重要事蹟的12歲男孩。
He was a 12-year-old boy who had
他不是一個政治犯。
stolen a bicycle.
他是一個偷了一輛自行車的
What I also realized at that point was that
12歲男孩。
it was not only Cambodia, but
在那一刻我也意識到的是,
of the 113
不僅是柬埔寨,
developing countries that torture,
但在113個
93 of these countries have all passed laws
發展中國家有酷刑的,
that say you have a right to a lawyer
其中有93個國家都有立法,
and you have a right not to be tortured.
宣稱你有權利尋求一個律師,
And what I recognized was that there was an
你有不接受嚴刑的權力。
incredible window of opportunity for us
我意識到的是,有一個
as a world community to come together
令人難以置信的機會,
and end torture as an investigative tool.
讓我們作為國際社會集合在一起,
We often think of torture as being
終結那些作為調查工具的酷刑。
political torture or reserved for
我們通常認為酷刑是作為
just the worst, but, in fact,
政治酷刑或只是針對
95 percent of torture today
最壞的人,但其實
is not for political prisoners.
今天95%的酷刑,
It is for people who are
並不是施加在政治犯身上。
in broken-down legal systems,
它被施加在那些活在
and unfortunately because torture is
不健全的法律制度裡的人們身上,
the cheapest form of investigation --
而且不幸的是,因為酷刑是
it's cheaper than having a legal system,
最便宜的調查形式 --
cheaper than having a lawyer
它比的法律制度便宜,
and early access to counsel --
比動用律師
it is what happens most of the time.
和早期的法律顧問還便宜 --
I believe today that it is possible for us
所以大多數的情況下,酷刑便會發生。
as a world community, if we make a decision,
我相信我們今天作為一個國際社會,
to come together and end torture
如果我們作出決定,是有可能集合在一起,
as an investigative tool in our lifetime,
在我們的有生之年結束
but it will require three things.
以酷刑作為的調查工具,
First is the training, empowerment,
但它需要三樣東西。
and connection of defenders worldwide.
首先是培訓,授權,
The second is insuring that there is
並連結全世界的辯護律師。
systematic early access to counsel.
第二個是要確保
And the third is commitment.
有一套提供早期法律顧問的制度。
So in the year 2000,
第三是承諾。
I began to wonder,
在2000年,
what if we came together?
我開始在想,
Could we do something
如果我們集合一起會怎樣?
for these 93 countries?
我們能為這93個國家
And I founded International Bridges to Justice
做些什麼嗎?
which has a specific mission of
我成立了〈國際司法橋樑組織〉,
ending torture as an investigative tool
它有一個明確的任務,就是要
and implementing due process rights
終結以酷刑作為調查工具,
in the 93 countries by placing trained lawyers
以及在這93個國家裡建置
at an early stage in police stations
一套正當程序的權利, 其作法是透過
and in courtrooms.
在警察局裡以及在法院上,
My first experiences, though, did come
安排訓練有素的律師。
from Cambodia, and at the time I remember
我的第一次經驗,
first coming to Cambodia and there were,
是來自柬埔寨,當時我記得
in 1994, still less than
第一次到柬埔寨,於1994年,
10 attorneys in the country because
在全國尚有
the Khmer Rouge had killed them all.
不到10個律師,因為其他的律師
And even 20 years later, there was only
全都被赤柬殺害了。
10 lawyers in the country, so consequently
甚至在20年後,國家依然
you'd walk into a prison and
僅有10個律師,所以
not only would you meet 12-year-old boys,
當你走進一所監獄時
you'd meet women and you'd say,
你不僅能遇到12歲的男孩,
"Why are you here?" Women would say,
你還會遇到婦女,而當你問她們:
"Well I've been here for 10 years because
「為什麼你在這裡呢?」她們會說:
my husband committed a crime, but they can't find him."
「嗯,我在這裡已經10年,
So it's just a place where there was no rule of law.
因為我的丈夫犯了罪,但他們無法找到他。」
The first group of defenders came together
所以它只是一個沒有法治的地方。
and I still remember, as I was training, I said,
我還記得, 第一批辯護律師
"Okay, what do you do for an investigation?"
聚集一起,當時我在做培訓工作,我就說:
And there was silence in the class, and finally
「好吧,你會怎樣做一個調查?」
one woman stood up, [inaudible name],
全班沉默着,
and she said "Khrew," which means "teacher."
最後一個女人站了起來,[聽不清楚的名字],
She said, "I have defended more than
她說:「Khrew」,意即「老師」。
a hundred people, and I've never had to do
她說:「我曾經為
any investigation,
一百多人辯護,, 但我從來沒有
because they all come with confessions."
做任何調查,
And we talked about, as a class, the fact that
因為他們全都已經招認。」
number one, the confessions
然後,我們在課堂上討論到
might not be reliable, but number two,
第一,那些供詞
we did not want to encourage the police
可能不可信,但第二是
to keep doing this, especially
我們不希望鼓勵警方
as it was now against the law.
繼續這樣做,特別是
And it took a lot of courage for these
因為現在它是違法的。
defenders to decide that they would
這些辯護律師花了
begin to stand up and support each other
很大的勇氣才決定
in implementing these laws.
開始站出來並且互相支持
And I still remember the first cases where
來落實這些法律。
they came, all 25 together, she would
我還記得第一案例裡,
stand up, and they were in the back, and
他們25個一起來,
they would support her, and the judges kept
她會站着,其他的都站在後面
saying, "No, no, no, no, we're going to do things
並且會支持她,而法官不停地說:
the exact same way we've been doing them."
「不,不,不,不,我們要用以往相同的方式
But one day the perfect case came, and it
去做我們的事情。」
was a woman who was a vegetable seller,
有一天,一個完美的案件出現了,
she was sitting outside of a house.
一個賣蔬菜的女人,
She said she actually saw the person
她坐在一所房子外面。
run out who she thinks stole
她說她真的看到了
whatever the jewelry was, but the police
她認為偷走了珠寶的人
came, they got her, there was nothing on her.
從房子逃走出去,但警察來了
She was pregnant at the time. She had
卻逮捕了她,她身上一無所有。
cigarette burns on her. She'd miscarried.
當時她身懷六甲。她身上有
And when they brought her case
被煙頭燙傷的傷疤,而且她流產了。
to the judge, for the first time he stood up
當他們把她的案件
and he said, "Yes, there's no evidence
拿來到法官前,他首次站了起來,
except for your torture confession
說:「是的,這裡沒有證據,
and you will be released."
除了妳被逼供的招認,
And the defenders began to take cases
而妳將會被釋放。」
over and over again and
而辯護律師開始一遍又一遍的
you will see, they have step by step began
接受案件,
to change the course of history in Cambodia.
你會看到,他們一步一步開始
But Cambodia is not alone.
在改變柬埔寨的歷史。
I used to think, well is it Cambodia?
但柬埔寨並是唯一的例子。
Or is it other countries?
我常想,是柬埔寨嗎?
But it is in so many countries.
抑或是其他國家呢?
In Burundi I walked into a prison and it wasn't
但這樣的事情在如此多的國家發生。
a 12-year-old boy, it was an 8-year-old boy
在布隆迪,我走進了監獄,這次不是
for stealing a mobile phone.
一個12歲的男孩,而是一個8歲的男孩
Or a woman, I picked up her baby,
偷了一個手機。
really cute baby, I said "Your baby is so cute."
或是一個女人,我抱起她的寶寶,
It wasn't a baby, she was three.
很可愛的寶寶,我說:「你的寶寶太可愛了。」
And she said "Yeah, but she's why I'm here,"
只不過那不是一個嬰兒,她已經三歲。
because she was accused of stealing
她說:「是啊,但她就是我在這裡的原因」,
two diapers and an iron for her baby and
因為她被指控竊取了
still had been in prison.
兩塊尿布和熨斗給她的嬰兒
And when I walked up to the prison director,
並且仍然被困在獄中。
I said, "You've got to let her out.
當我走到監獄主管前,
A judge would let her out."
我說,「你一定要把她放出來。
And he said, "Okay, we can talk about it,
法官會放她出來。」
but look at my prison. Eighty percent
他說,「好吧,我們可以談談這件事,
of the two thousand people here
但看看我的監獄。在這裡的
are without a lawyer. What can we do?"
兩千人中百分之八十
So lawyers began to courageously
沒有律師,我們可以做些什麼?」
stand up together to organize a system
因此,律師開始勇敢地
where they can take cases.
站出來,共同組織一套制度,
But we realized that it's not only the training
在那裡他們可以接案。
of the lawyers, but the connection
但我們意識到,重要的不僅是
of the lawyers that makes a difference.
律師的訓練,而是律師們之間
For example, in Cambodia, it was that
的聯繫。
[inaudible name] did not go alone
例如,在柬埔寨,[清不見的名字]
but she had 24 lawyers with her
不是單槍匹馬,
who stood up together. And in the same way,
她有24個律師
in China, they always tell me,
與她一起爭取。同樣地,
"It's like a fresh wind in the desert
在中國,他們常常告訴我,
when we can come together."
「當我們能走到一起,
Or in Zimbabwe, where I remember Innocent,
這就像在沙漠中的清風。」
after coming out of a prison where everybody
或在辛巴威,我記得「無辜」,
stood up and said, "I've been here
在一個監獄裡走出來, 當每個人
for one year, eight years, 12 years
都站出來,並說:「我在這裡
without a lawyer,"
已經一年,八年,十二年
he came and we had a training together
沒有律師」,
and he said, "I have heard it said" --
他來和我們一同訓練,
because he had heard people mumbling
他說:「我聽到有人說」--
and grumbling -- "I have heard it said that
因為他聽說有人喃喃自語
we cannot help to create justice
和抱怨 -- 「我聽有人說,
because we do not have the resources."
我們不能不建立公平公正
And then he said, "But I want you to know
因為我們沒有資源。」
that the lack of resources
然後他說,「但我想讓你知道,
is never an excuse for injustice."
資源的匱乏
And with that, he successfully
不應該是一個不公不義存在的藉口。」
organized 68 lawyers who have been
而就這樣,他已成功地
systematically taking the cases.
組織了個68律師
The key that we see, though, is training
有系統地接案。
and then early access.
我們發現,關鍵是訓練,
I was recently in Egypt, and was inspired
以及早期的法律顧問服務。
to meet with another group of lawyers,
最近我在埃及,並獲得了靈感,
and what they told me is that they said,
去會見另一組律師,
"Hey, look, we don't have police
他們告訴我,
on the streets now. The police are
「嗨,看看,現在
one of the main reasons why we had
我們的街道上沒有警察。
the revolution. They were torturing everybody
警察是我們掀起革命的
all the time."
主要原因之一。他們總是在
And I said, "But there's been tens of millions
對人動刑。」
of dollars that have recently gone in
我說:「但最近不是有數千萬元
to the development of the legal system here.
去發展這裡的
What's going on?"
法律制度嗎?
I met with one of the development agencies,
究竟發生了什麼事?」
and they were training prosecutors
我會見了其中一個發展機構,
and judges, which is the normal bias,
他們正在培訓檢察官
as opposed to defenders.
和法官,
And they showed me a manual which
而不是培訓辯護律師,而這是常見的錯誤作法。
actually was an excellent manual.
他們給我看了一本手冊,
I said, "I'm gonna copy this."
實際上是一本很好的手冊。
It had everything in it. Lawyers can come
我說:「我要去複製一份。」
at the police station. It was perfect.
它包含了一切。律師可以
Prosecutors were perfectly trained.
前往派出所。它是完美的。
But I said to them, "I just have one question,
檢察官得到了完整的訓練。
which is, by the time that everybody got to
但我對他們說:「我只有一個問題,
the prosecutor's office, what had happened to them?"
那便是,當每個人都到了
And after a pause, they said,
檢察官的辦公室,他們會發生什麼?」
"They had been tortured."
停頓一會兒後,他們說:
So the pieces are,
「他們遭受過酷刑。」
not only the training of the lawyers, but
因此,不僅是
us finding a way to systematically implement
律師的培訓,我們還要找到一種方法,
early access to counsel, because they are
有系統地實施早期法律顧問服務,
the safeguard in the system
因為那是
for people who are being tortured.
身處凌遲拷打中的人們
And as I tell you this, I'm also aware of the
唯一的保障。
fact that it sounds like, "Oh, okay, it sounds
正如我告訴你,我也知道
like we could do it, but can we really do it?"
事實上它聽起來像,「哦,好吧,這聽起來
Because it sounds big.
像我們做得到的,但我們真的可以做到嗎?」
And there are many reasons why I believe it's possible.
因為它聽起來像是一個大工程。
The first reason is the people on the ground
但有許多原因讓我相信這是可能的。
who find ways of creating miracles
第一個原因是,實際在這一行的人會
because of their commitment.
因為他們的承諾而找到
It's not only Innocent, who I told you about
創造奇蹟的方法。
in Zimbabwe, but defenders all over the world
不僅是「無辜」,我告訴你
who are looking for these pieces.
在辛巴威的人,但在世界各地。
We have a program called JusticeMakers,
搜尋着這些方法的辯護律師。
and we realized there are people that are
我們有一個計畫稱為JusticeMakers,
courageous and want to do things, but
我們意識到有人是勇敢
how can we support them?
和想做點事情,但我們
So it's an online contest where it's only
如何支持他們呢?
five thousand dollars if you come up with
所以它是一個網路競賽,
and innovative way of implementing justice.
如果你能提出
And there are 30 JusticeMakers
創新的方式來實施司法,就有五千美元獎金。
throughout the world, from Sri Lanka
在世界各地
to Swaziland to the DRC, who with
有30個JusticeMakers,從斯里蘭卡,
five thousand dollars do amazing things,
到史瓦濟蘭,到剛果,
through SMS programs,
用五千美元就可以做到了不起的事情,
through paralegal programs,
通過 SMS程序,
through whatever they can do.
通過法律輔導計劃,
And it's not only these JusticeMakers,
通過他們可以做的任何事。
but people we courageously see
不僅是這些 JusticeMakers,
figure out who their networks are
還有我們看到的人勇敢地
and how they can move it forward.
找出他們的人際網絡,
So in China, for instance, great laws
以及他們如何能繼續發展它。
came out where it says police cannot
例如,在中國,偉大的法律被通過,
torture people or they will be punished.
禁止警察對人動刑,
And I was sitting side by side with one of our
否則將予以懲處。
very courageous lawyers, and said,
而且,有一次我跟我們一位很勇敢的
"How can we get this out? How can we
律師坐在一起,說:
make sure that this is implemented?
「我們怎樣才能把這個理念宣揚出去呢?
This is fantastic." And he said to me,
我們如何才能確保它被施行呢?
"Well, do you have money?" And I said,
這是太棒了。」他對我說:
"No." And he said, "That's okay,
「那麼,你有沒有錢?」我說:
we can still figure it out."
「沒有。」他說:「這沒關係,
And on December 4, he organized
我們仍然可以想想辦法。」
three thousand members
在12月4日,他組織了
of the Youth Communist League,
3千個青年共產
from 14 of the top law schools,
主義青年團的成員,
who organized themselves, developed
從14個頂尖的法律學校,
posters with the new laws, and went
他們組織起來,製作海報
to the police stations and began what he says
宣傳新的法律,並去派出所,
is a non-violent legal revolution
並開始了他稱為的一個合法
to protect citizen rights.
非暴力的革命
So I talked about the fact that we need
以保護公民權利。
to train and support defenders.
我談過我們需要
We need to systematically implement
培養和支持辯護律師。
early access to counsel.
我們需要有系統地提供
But the third and most important thing is that
早期法律顧問服務。
we make a commitment to this.
但第三以及最重要的是,
And people often say to me, "You know,
我們要對此作出承諾。
this is great, but it's wildly idealistic.
人們常常對我說:「你要知道,
Never going to happen."
這是偉大的,但它是瘋狂地理想化。
And the reason that I think that
永遠也不會發生。」
those words are interesting is because
我認為這些話很
those were the same kinds of words
有趣的原因是,
that were used for people who decided
因為是同樣像這些話,
they would end slavery, or end apartheid.
使用在決定了將結束奴隸制的人,
It began with a small group of people
或結束種族隔離的人。
who decided they would commit.
它開始於一小群
Now, there's one of our favorite poems
下定承諾的人。
from the defenders, which they share
現在,有一篇我們辯護律師們最喜歡的詩,
from each other, is:
在他們之間彼此分享著,
"Take courage friends, the road is often long,
寫道:
the path is never clear,
「朋友, 鼓起勇氣,這條路總是漫長的,
and the stakes are very high,
路徑永遠不會是明確的,
but deep down, you are not alone."
賭注是非常高的,
And I believe that if we can come together
但內心深處,你並不孤獨。」
as a world community to support not only
我相信,如果我們能團結在一起,
defenders, but also everyone in the system
作為國際社會不僅支持
who is looking towards it,
辯護律師,以及
we can end torture as an investigative tool.
所有指望這套系統的每個人,
I end always, because I'm sure the questions are --
我們可以結束酷刑作為一項調查工具。
and I'd be happy to talk to you
我總是以這個結束,因為我敢肯定問題是 --
at any point -- "But what can I really do?"
我很樂意在任何時候
Well, I would say this. First of all,
與你談談 -- 「但我真的可以做些什麼呢?」
you know what you can do. But second of all,
好吧,我會說。首先,
I would leave you with the story of Vishna,
你知道你可以做些什麼。但第二,
who actually was my inspiration
我最後跟你們分享Vishna的故事,
for starting International Bridges to Justice.
它是我發起
Vishna was a 4-year-old boy when I met him
〈國際司法橋樑〉的靈感。
who was born in a Cambodian prison
當我與Vishna會面時,他是一個
in Kandal Province. But because he was
在柬埔寨幹丹省監獄出生的
born in the prison, everybody loved him,
4歲的男孩。但因為他是在
including the guards, so he was the only one
監獄出生,每個人都愛他,
who was allowed to come
包括警衛,所以他是唯一
in and out of the bars.
一個被允許
So, you know, there's bars. And by the time
進進出出監獄的人。
that Vishna was getting bigger,
所以,你知道的,監獄有金屬柵欄。
which means what gets bigger? Your head gets bigger.
當Vishna長大之後,
So he would come to the first bar,
成長意味著什麼變大?你的頭變得更大。
the second bar and then the third bar,
他會來到第一條攔,
and then really slowly move his head
第二條和第三條,
so he could fit through, and come back,
然後真的慢慢地移動他的頭部,
third, second, first. And he would
使他能穿過去,然後回來,
grab my pinkie, because what he wanted
第三,第二,第一。
to do every day is he wanted to go visit.
他會拉我的小指,因為他每天想做的事
You know, he never quite made it to
是他想去探訪。
all of them every day, but he wanted to visit
你知道,他每天從來沒有
all 156 prisoners. And I would lift him,
完全探訪所有人,但他希望探訪
and he would put his fingers through.
所有156名犯人。我會舉起他,
Or if they were dark cells, it was like iron
他就會把他的手指通過。
corrugated, and he would put his fingers through.
或者,如果他們是在黑暗的牢房,
And most of the prisoners said that he was
如波紋鐵,他會把他的手指伸過去。
their greatest joy and their sunshine, and they
大多數囚犯說,
looked forward to him. And I was like,
他是他們最大的快樂和他們的陽光,
here's Vishna. He's a 4-year-old boy.
他們期待著他來探望。我當時想,
He was born in a prison with almost nothing,
這裡站著Vishna。他是一名4歲男童。
no material goods, but he had a sense of
他出生在幾乎一無所有,
his own heroic journey, which I believe
沒有物質的一所監獄,但他體悟道他有
we are all born into. He said,
他自己的英雄之旅,我相信
"Probably I can't do everything.
我們生來都有這種感覺。他說:
But I'm one. I can do something.
「可能我不能做到一切。
And I will do the one thing that I can do."
但我是一個人。我可以做到一些事情。
So I thank you for having the prophetic
所以我會做我可以做到的一件事情。」
imagination to imagine the shaping
因此,我感謝你預言般的
of a new world with us together,
想像力,去與我們一起
and invite you into this journey with us.
想像塑造一個新的世界,
Thank you.
並邀請你們參與我們的旅程。
(Applause)
謝謝。
Thank you.
(掌聲)
(Applause)
謝謝。
Thank you.
(掌聲)
(Applause)
謝謝。