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The Injustice System: Views of Developing Countries

Emma Littlewood
Ms. Aylesworth
May 12th
Summary of Research Methods
All information gathered for this report came from scholarly and reliable sources
obtained through a medium of reports, papers, and both current and older news sources. Some of

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the secondary sources used were research papers such as Corruption and The Justice Sector and
Crime, Poverty and Police Corruption in Non-Rich Countries. Some of the information that
came from NGOs and International Organizations include Transparency International and North
Atlantic Treaty Organization. Every source used is cited in the bibliography at the end of the
report. The information from these sources was very helpful in creating a basis for this report and
was very informative.

Definition
Judicial corruption is a dominant issue that has affected the world since the development
of judicial systems in society. It affects people en masse and leaves no nation untarnished. To be
corrupt is to be immoral or dishonest. Corruption within judicial systems has had a central role

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with respect to systemic corruption worldwide. The level of corruption varies from nation to
nation but overall, it exists everywhere to some extent. Equality in the justice system symbolizes
honesty and integrity for the people who run that system. In a perfect world any person would be
able to access courts equally and be treated fairly by the public officials both within the courts
and by the police. Unfortunately, not everyone is given that basic right. People are treated like
pawns that can be played with and abused. Creating a system that has no corrupt forces within it
would be nearly impossible however, because no public sector in existence is completely devoid
of corruption. It is part of the human condition to have the urges to perform corrupt acts. The
inadequate level of attention given to this issue has resulted in the continuation of the problem
and a general mistrust of the judicial systems on a global basis.

Significance
Misconduct appears in all sectors of a society including the economic, political, religious,
education, and medical social institutions. Police and judiciaries are amongst the most corrupt
forces that people have to deal with in their everyday lives, whether it be wrongful arrest,
conviction, or even imprisonment. The way this system is run from the inside is detrimental to

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the safety and protection of citizens. The supreme court provides many cases of extreme injustice
and corruption, if it is not bribes to a judge, or show trials, it is rigged juries and misuse of
evidence. One way or another, every person and every case is not treated equally and with the
same level of respect by the court systems.
All men are created equal 1 , that's a noble sentiment , and an accepted principle of
most democracies, when viewed on a global basis the statement rings untrue. All humans were
not created equal; people are born with particular inabilities that make them less capable of doing
something another person excels at. All people were not created equal, but all men, and women
should be treated equally. It should be a governments first priority to attend to cases of corrupt
legal practices within the judicial system. This however, has not been the case since the
incorporation of these systems in the first place. It is not a Justice System. It is just a system. 2
This quote refers to the blind obedience people show towards authority figures in todays social
institutions, resulting in the breakdown of the systems integrity. The judicial systems in most
countries do not show equality to everyone but this is even more prevalent in developing nations
because their systems are typically undeveloped. Many developing nations choose to base the
structure of their social institutions on that of more developed nations like Canada, the United
States, and many European countries.
Background
Corruption in the justice sector has affected almost every nation in some way, shape, or form.
Whether it be dealing with it first hand, or assisting the country in need, every country plays a
1 The Declaration of Independence (1776) (testimony of Thomas Jefferson). Print.

2 Enyart, Bob. "Justice Quotes & Sayings (Laws, Court, Lawyers, Crime, Law Enforcement, Juries, Etc)." Justice
Quotes & Sayings (Laws, Court, Lawyers, Crime, Law Enforcement, Juries, Etc). Web. 02 Apr. 2016.

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role. We are all connected in a way and should be responsible for helping each other when
needed. Legal systems in developing countries have many flaws in their structural integrity.
Many juries in developing countries do more harm than good for the systems authenticity and
ability to perform as a working system. Corrupt court systems affect court personnel,
prosecutors, judges, and juries alike. The level of corruption, however varies from nation to
nation, all dependent on many different factors. This issue has plagued many developing nations
for years with no end in sight. Many organizations, including the North Atlantic Treaty
Organization (NATO), the United Nations(U.N)., and United Nations On Drugs and
Crime( UNODC) have been fighting this war against the corrupt legal systems for many years
now, Afghanistan being a prime example of this. Afghanistan has been receiving aid from
developed nations despite many concerns. The United States Agency for International
Development (USAID) has continued to provide funds in light of the complete misuse of said
funds. 3 From a broad perspective, this affects many different nations and people worldwide.
The country providing the support is put in a role where they are in control over some portion of
the systems within the aid receiving country.
In the history of corruption within the legal system, the most defining factor is the judge.
The judge is the most powerful person in the courtroom and because of this, if you have a
corrupt judge you have a corrupt system. He or she is the focal point for reducing corruption
within the justice system. 4 The access to equal and fair courts is next to impossible for many

3 Anderson, C. (n.d.). Aid Flows Despite Corruption Concerns in Afghanistan. Retrieved March 05, 2016, from
http://www.pogo.org/blog/2014/01/20140130-aid-flows-despite-corruption-concerns-in-afghanistan.html?
referrer=https://www.google.com/

4 Pepys, M. (2003). Corruption and the Justice sector. Retrieved March 05, 2016, from
http://pdf.usaid.gov/pdf_docs/Pnact878.pdf

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citizens in developing nations to reach unless they have substantial wealth. These systems were
created and designed around the needs of the elite to benefit the elite. The rich and powerful run
the developing countries and can break the laws with little to no consequences whenever they are
so inclined to do so. In Brazil in 2005 there was a case surrounding 25 politicians who were
found guilty of numerous serious crimes including bribery, money-laundering, and corruption.
However the supreme court actually dismissed many of their charges and a number of the
politicians walked away. 5 It would seem that in some nations the problem is subsiding to some
extent, for example in Nigeria they have been working towards providing a better system for
their people, but in others it is getting more out of control by the minute, like in El Salvador.
There have been attempts to fix the situation in some countries. El Salvador for example,
is currently fighting this difficult battle. The nation has set up numerous programs, with the help
of the United States, such as Plan Safe El Salvador by the United States Congress and
Partnership for Growth by the U.S. State Department6 to attempt to reduce their standing on
Transparency Internationals Corruption Perceptions Index. The list takes into account many
factors and provides a list that shows which countries have serious corruption within the public
sectors. El Salvador scored a thirty-nine out of 100, which puts them at number seventy-two out
of 168 countries. 7 This is not a dangerously high ranking compared to some but any ranking
under fifty is cause for concern. The reason the attempts to fix what is broken within the public

5 Paulo, Sao. "Fruits of a Long Process." The Economist. The Economist Newspaper, 15 Nov. 2013. Web. 30 Mar.
2016.

6 Allison, M. (2015, August 20). Strengthening El Salvador's rule of law. Retrieved March 06, 2016, from
http://www.aljazeera.com/indepth/opinion/2015/08/strengthening-el-salvador-rule-law-150819085811033.html

7 Corruption Perceptions Index 2015. (2015). Retrieved March 06, 2016, from http://www.transparency.org/cpi2015

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sectors in El Salvador have not worked is because Whether intentional or not, the attorney
general has failed to bring an adequate number of corruption cases to light and successfully
prosecute those that he has . 8 The country has not been able to take cases of corruption and
make examples out of them and because of this, the problem persists. The citizens of these
countries have not seen how serious this issue is and they have therefore not had the opportunity
to speak out against this issue that plagues their societies. If the people of these underdeveloped
nations with corrupt judicial systems were to be shown, in depth, some of these cases and then
shown the way the system should actually run they would have some idea of what needs to be
changed. The reason these people do not know about the issue at hand is because it is
strategically being kept from them for a reason. Reason being, the public officials who are in
charge of making sure the judicial system is run fairly are making considerable amounts of
money from the system being run the way it is right now. Bribes given to judges are concealed to
the best of their abilities.
The progression of this issue is evident over the years. There have been many cases of
corrupt legal practices including bribery, biased juries, and inaccessible courts. Many developing
nations do not have the ability to properly assess their situations and create adequate solutions in
attempt to solve the problems with their rule of law. They need the help of other more equipped
and developed nations to assist in their fight against corruption, making this a global issue.

8 Allison, M. (2015, August 20). Strengthening El Salvador's rule of law. Retrieved March 06, 2016, from
http://www.aljazeera.com/indepth/opinion/2015/08/strengthening-el-salvador-rule-law-150819085811033.html

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Expert
Jens Chr. Andvig has contributed to many research papers including, Research on
Corruption a policy oriented survey, and Crime, Poverty, and Police Corruption in Non-Rich
Countries. His work is accurate and fact based and informs people of the state of the public
sectors in developing countries. He is very well written and backs his opinions and ideas on
different matters with reliable sources. He has worked alongside other authors and researchers to
investigate and analyse corruption and its cause and effect in developing nations.
In relation to his work Crime, Poverty, and Police Corruption in Non-Rich Countries, he
discusses how the everyday corrupt activities that the law enforcers take affects the people of that
country. Corruption in the justice system begins with the law enforcers themselves, therefore if
they are a corrupt force working within the system they start the cycle of corruption. Andvigs
research from this paper is directly related to how the typical corrupt police force affects the
citizens by taking away their basic right to access law enforcement for their own safety. He has
established a typology of corrupt police acts as either, pure extortion or extortion with the
involvement of courts. He explains pure extortion as simply to inflict harm against
establishments or individuals that are unwilling to pay (illegally) the standard rate for police
protection. 9 In essence, pure extortion is the police using their appointed power to control
individuals who are unable to conform to the new norm of corruption within the justice system.
When you take the corruption to the next level and introduce it to the court that is what he
classifies as extortion with the involvement of the courts. Once you get the courts involved,
9 Andvig, J. C. (a.n.d.). Crime, Poverty and Police Corruption in Non-Rich Countries [PDF]. NUPI Working Paper.

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issues such as fraud and tampering with evidence arise in cases. There are countless cases where
the judge becomes involved in cases of corruption but instead of putting an end to it, the judge
continues to perpetrate the judicial misconduct. Andvig has a lot of evidence to prove how
corrupt the legal system really is, starting with the law enforcers. In his opinion, some public
sectors have the ability to deal with corruption better than others. Some sectors do not possess
the ability to deny the exposure to corruption. The difference between a countrys level of
exposure lies within the wealth of that country. 10 In his paper he actually refers to Transparency
Internationals Corruption Barometers to showcase which public sectors are most corrupt and in
which regions of the world. Both El Salvador and Zimbabwe identified with thirty-four other
countries that believed their police system was one of the most corrupt of all public sectors in
their country. 11 The publics opinion is very important in the fight for fair legal systems because
they are the ones who are directly affected by the level of corruption within the systems. In
developing countries, the police are perceived as one of - if not the most - corrupt public
bureaucracy. 12 The people truly understand that there is a problem and that it needs to be fixed
and without the proper attention that it needs the problem will only continue to grow.
Bribery is one of the most prevalent forms of corruption in the judicial sector. It does not
matter what country you live in, bribery is happening, or has happened historically in every
judicial system. No court or police official can completely escape the temptation to accept bribes.
10 Andvig, J. C. (a.n.d.). Crime, Poverty and Police Corruption in Non-Rich Countries [PDF]. NUPI Working
Paper.

11 Global Corruption Barometer 2013 - Results. (2013). Retrieved March 09, 2016, from
http://www.transparency.org/gcb2013/results

12 Andvig, J. C. (a.n.d.). Crime, Poverty and Police Corruption in Non-Rich Countries [PDF]. NUPI Working
Paper.

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Bribes paid to the court tend to be larger than in almost every other sector. Bribery is a horrible
way corruption appears in the courts and in law enforcement. It directly benefits the ones who
can afford to pay the bribes, bringing this issue down to the root of the problem. Injustice is to be
unfair, and using ones money to be pardoned for a crime that was committed without paying any
debt to society or serving any form of service or time to the state is extremely unfair.
Andvig also explains in his paper what he calls the code of silence. To expand on this,
it is when a law-abiding police officer defends the actions of those who are not that is considered
the code of silence. Now the question he asks is why a law-abiding police officer would want to
defend and protect an officer who is not abiding by the law. The danger with this is that once one
official decides to ignore anothers corrupt actions he/she allows it to go unnoticed and continue.
Just ignoring a problem does nothing to benefit the advancement of a system or aid in solving a
problem. Essentially, ignoring the corrupt actions of the public official is an addition to the
problem. Now there is not one corrupt police officer, but two. Even though the officer had no
intention of violating any laws or causing any problems, not speaking out about an injustice you
witness is as bad as performing the injustice first-hand. A famous quote from Albert Einstein
explains it best, The world will not be destroyed by those who do evil, but by those who watch
them without doing anything. 13 Andvigs paper describes in detail, with reliable sources how
the police force is the driving factor behind the corruption in the judiciary system.

13 "A Quote by Albert Einstein." Goodreads. Web. 30 Mar. 2016.

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Role of Control
The systems in control of how the justice system runs are also in control of making sure it
runs properly and with equal opportunities for every member of society as a whole. Currently the
most powerful person within the corrupt justice system itself is the corrupt judge. Many public
officials will stay in court for long amounts of time and it is important to understand that the
changing of many public officials could be very beneficial to the development of the legal
system. 14 The official role of the judge is to protect the civil liberties and rights of the citizen. 15
Therefore the judge holds the most power in the court making him or her the key factor in
determining whether or not a court is corrupt.
In a society with millions of people it is vitally important that there is a system in place
that has the ability to control the actions of its citizens and provide consequences if need be. For
the safety of the citizens of a nation, the legal system in place needs to be beneficial to all
members of society. It is also important that the system be accessible to everyone no matter their
status in the society. The justice systems in many developing nations are looked down on and
have almost been made a mockery of. People do not trust the system nor do they believe in the
people who run the system. Currently in El Salvador basic human rights are about to be violated,
which will ultimately result in the systems being even further estranged from their people.
14 2. Corruption and Economic Development. (n.d.). Retrieved March 08, 2016, from
http://www1.worldbank.org/publicsector/anticorrupt/corruptn/cor02.htm

15 Global Corruption Report 2007. (n.d.). Retrieved March 08, 2016, from
https://issuu.com/transparencyinternational/docs/global_corruption_report_2007_english?e=2496456/2664845

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El Salvador's Supreme Court, President Salvador Snchez Cern, and lawmakers


considered a plan to implement a state of exception in the country's most violent
municipalities, reported La Pgina. The proposed state of exception would likely affect at
least ten municipalities, including the capital city of San Salvador. If implemented, the
state of exception would provide authorities with broad powers to suppress public
meetings, restrict freedom of movement, and monitor mail, e-mail, telephone, and social
media communications. 16
With the plans to implement this new state of exception, the president and lawmakers of El
Salvador will essentially be segregating cities in El Salvador based on violence rates. This is
believed to be an attempt at keeping the residents of El Salvador safe but in reality it will only
cause problems in the future. People in El Salvador will not be accepting of the fact that because
of where they live they will have certain rights and freedoms taken away from them. The state of
exception derived from the state of siege in France during the Revolution. 17 However, the state
of exception is slightly altered. It simply states that,
The president of a republic may take all necessary measures when the institutions of the
Republic, the independence of the Nation, the integrity of its territory, or the execution of
its international commitments are seriously and immediately threatened and the regular
functioning of the constitutional public powers is interrupted. 18
16 Tabory, S. (2016, March 9). El Salvador Considers 'State of Exception' Amid Rising Violence. Retrieved March
10, 2016, from http://www.insightcrime.org/news-briefs/el-salvador-considers-state-of-exception-amid-risingviolence

17 Agamben, Giorgio. "A Brief History of the State of Exception." By Giorgio Agamben. Web. 30 Mar. 2016.

18 Agamben, Giorgio. "A Brief History of the State of Exception." By Giorgio Agamben. Web. 30 Mar. 2016.

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The Supreme Court should not be able to make these consequential decisions anymore. It will
lead to a system that controls a group of people and everything that they do. To reduce the level
of corruption within the public justice sector the main force of influence and power should no
longer be awarded to the judge. Juries were predominantly used in western civilizations now as a
main form of power in the judicial system. In American societies juries provide the final verdict
of a case. The jury system was a very gradual development that took place in England.19 A jury
is simply made up of members of society who listen to cases presented in court and unanimously
must reach a verdict. The problem is, juries are just regular members of society who, in some
cases, should not possess the power to decide whether a person is guilty of a crime. Robert Frost
describes the basis of the judicial system, being the jury, as a biased and prejudiced system, A
jury consists of twelve persons chosen to decide who has the better lawyer". 20 Control should be
taken by a different, more capable sector to reform the judicial system in developing countries.
According to Transparency Internationals Global Corruption Barometer, 19% of countries said
that judiciary was their countrys most corrupt institution. The judicial system affects people in
many ways, some they may not even be aware of. In a world with no corruption, everybody
would be safe, equal, and healthy. The world humans inhabit however, is not perfect. It has been
established that the judiciary affects everyone has been made now, but the question remains, why
should anyone care? People should care about the wrongful doings within the court and law
enforcement systems because it could someday affect them. Police pull over and even arrest

19 University of Pennsylvania Law Review And American Law Register [PDF]. (1921, November). University of
Pennsylvania Law School.

20 "How To Get Out Of Jury Duty." How To Get Out Of Jury Duty. 18 Mar. 2015. Web. 30 Mar. 2016.

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citizens everyday under false pretenses. This fact is even more relevant to the citizens of
developing nations because within their judicial system is even more flawed. People everywhere
have to deal with their corrupt legal system and there can be measures taken to attempt to reduce
the level of corruption.

Logic of Evil
The logic of evil stems from the idea that if God is in control of the world as an
omniscient power and God is completely good and holy, then why is there evil in the world. 21 It
should be within Gods capability to prevent all evil from entering the world, but the evil has
made its presence known in countless forms. So therefore God must either, not be completely
good or must not be omniscient. So to conclude this description, God must have sufficient
reasoning behind the allowance of evil in the world.
To say that an individual is corrupt simply because they perform illegal actions would be
incorrect. 22 Corruption stems from the act that follows. Corruption begins with the law
enforcers but ultimately ends with the judge. The judge is the character within the judicial system
that allows the corrupt acts to either take place, or be demolished. From the perspective of the
21 Erlandson, D. (n.d.). Antithesis at Reformed.org. Retrieved March 10, 2016, from
http://reformed.org/webfiles/antithesis/index.html?mainframe=/webfiles/antithesis/v2n2/ant_v2n2_evil.html

22 Underkuffler, L. S. (n.d.). Captured by Evil: The Idea of Corruption in Law [Cgi].

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judge taking bribes from the accused, taking just one bribe is not going to be detrimental to the
system as a whole. A judge, when offered a bribe to push something, potentially dangerous,
under the rug sometimes cannot help but accept this bribe. Money seems more important in
developing countries because to obtain large sums of money is usually quite a difficult task. To
give an example of a case of complete and utter corruption at the hands of a judge, Judge Limas
who resides in the Unites States, recently admitted that his acts of corruption were not accidental,
and that he was fully aware of what he was doing. 23 People are greedy and because of this,
money seems like the most important thing to everybody, even though it is merely paper. If one
man or woman is let off under false pretenses, the world will not come crashing down around us
but with that being said, one person can make a difference. What these judges are unable to see is
what a difference exploiting those cases of attempted bribery would make to people in the same
situation in the future.
The world is a place full of people all dependent on one thing; money. Money is the pure
motivation behind ones need to commit corrupt acts against the law, to hide from the law to
begin with. People mistakenly assume that their thinking is done by their head; it is actually
done by the heart which first dictates the conclusion, then commands the head to provide the
reasoning that will defend it. 24 The way humans work is not particularly conducive to having
any system completely rid of corruption. Humans function as beings that first find an answer and
then subsequently attempt to find evidence to support their answer. The reason this does not
23 "Former Judge Abel Limas Gets 72 Months in Prison for Taking Bribes." FBI. FBI, 21 Aug. 2013. Web. 30 Mar.
2016.

24 Halpern, Diane F. "Thought and Knowledge." Google Books. Web. 30 Mar. 2016.

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work is because the first step in finding answers should be finding evidence to support the
answers. The logic of evil within corruption in the justice sector is based around the idea that
allowing corrupt practices to take place to benefit the wealth of one person or a small group of
people is morally correct or acceptable.

Religion
There is a connection between religion and the economic growth of a nation, specifically
in developing nations. In a recent paper, the idea portrayed is that religion might actually
increase the demand for a proper legal system. 25 The relation between religion and the
corruption of the judicial system is very new information. There is very little research on religion
and the corruption of the judicial system in developing nations, however the fact that religion has
much influence on human behaviour can help explain a lot. 26 Religion influences the actions of
many people worldwide and in developing countries like El Salvador for example, where over
50% of the population is Roman Catholic, 27 many people are influenced in the same way
25 North, Charles M. Religion, Corruption, and the Rule of Law. PDF.

26 Shadabi, Leila. The Impact of Religion on Corruption. PDF.

27 "El Salvador Demographics Profile 2014." El Salvador Demographics Profile 2014. 2003. Web. 04 Apr. 2016.

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because they practice the same religion. Religion instills a form of moral code for people to
follow that must be respected and in some cases treated as a law of sorts. Religion connects to
corruption in developing countries because like few other things religion has the ability to
connect people and make people think a certain way very easily. In most developing countries,
religion is a predominant form of assembly and connection between people. For residents of
developing nations religion is extremely important to them because it gives them something to
believe in and it is able to give mass groups of people something in common to believe in. It
connects on a personal and non-personal level to a majority of people. Citizens conform to the
rules that religion gives them with blind obedience and because of this, these mass amounts of
people become very impressionable. And if a government official performs a corrupt act and tells
people it is okay, they have a greater chance of believing them. Because this government official
is in a place of authority and there is an unspoken rule that says to never question authority
figures. This is predominantly seen in countries like Afghanistan where the law is run by
religious fundamentalist groups that could also be considered terrorist groups. The Taliban has
been a dominant force even to this day, since the early 1990s. The line between law and religion
is invisible in Afghanistan because of this. The two are poorly merged together and this is cause
for concern because it has created many problems. For example, creating laws based on Gods
will. 28 This is a problem because Gods will as it is written can be interpreted countless different
ways. So in the end you have laws created based on nothing more than opinion and lawmakers
who both create and enforce the laws. The reason people follow with blind obedience is because

28 "What Is Spiritual Leadership?" Leadership Journal. Web. 09 May 2016.

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they are afraid of what will happen to them if they do not conform because of a lack of education
within their country. Spiritual leaders seen in religions like Christianity, hold much authority over
their followers. They potentially have the power to create a large group of people willing to
conform to any idea or follow any command they give. Religious institutions create a platform
that is then used by whoever holds the control. So although the research on this topic is minimal,
it can be proven that there is a distinct connection between religion and corruption, specifically
in developing nations.

Case Study Number One: Afghanistan


Afghanistan is a country located in Southern/Central Asia with a population of approximately 32
million people. It is officially called the Islamic Republic of Afghanistan. The legal system for
Afghans is virtually impossible to access because it is rapidly becoming non-existent. Numerous
times in the past, a terrorist group known as the Taliban have come in and out of power. The
Taliban is an Islamic Fundamentalist group. 29 They were formed from a group of Islamic
fighters resisting Soviet occupation in the early 1990s. 30 Currently they are out of power in
29 Council on Foreign Relations. Council on Foreign Relations. Web. 02 Apr. 2016.

30 Laub, Zachary. "The Taliban in Afghanistan." Council on Foreign Relations. Council on Foreign Relations, 4
July 2014. Web. 02 Apr. 2016.

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terms of government but at any point they could reclaim the power they once had. The current
crisis in Afghanistan continues to be of concern for both local Afghans and international
organizations. However, recently millions of dollars provided for aid have reportedly been
wasted either because it was stolen or misused.
In the history of Afghanistan, human rights have been abused numerous times due to the control
of power that the Taliban has. It has been nearly impossible to hold elections in 2015 so they
were set again for early 2016. 31 Human rights issues have become increasingly prominent with
the threat of attacks constantly plaguing peoples minds at every moment. Citizens are constantly
being placed in harms way and because of this, the result has been violations of fundamental
human rights (see appendix I). On March 19th of 2015, a 27 year old woman was beaten to death
by a large crowd of men after being accused of burning pages from the Quran. These were later
found out to be nothing more than false accusations, but by then it was too late, young
Farkhunda Malikzada had already been beaten to death. After she was dead, the men dumped her
lifeless corpse into a ditch and set her on fire. 32 Cases like this make it very clear how corrupt
the justice system in Afghanistan really is. This young woman had done nothing wrong, and yet
based on pure accusation, she was killed, trampled to death because there was nobody to stop the
accusers. Every human being has rights, and in countries where fundamental rights are ignored,
people are not safe. There is nothing stopping any person from accusing another person of
something. The police hold no real authority over the people if something to this extreme was

31 "Afghanistan." Human Rights Watch. Web. 10 May 2016.

32 Latifi, Ali M. "A Year Later, Afghans Reflect on a Mob Lynching of a Woman Falsely Accused of Burning
Koran." Los Angeles Times. Los Angeles Times, 18 Mar. 2016. Web. 10 May 2016.

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able to occur. The lack of police authority is very dangerous because people begin to realize that
nobody will prosecute them if they commit a foul act. A woman died because Afghan
government officials are unable to control the citizens. The people of Afghanistan are not
accepting this violence, though a crowd of nearly 200 people stood by on the night of the
incident. A year later they are still baffled as to how nobody intervened in the incident. The most
unjustified of the sentences given for this event was that of the police bystanders many of which
were completely acquitted of all charges. This act shows the Afghan people that violence does
not yield punishment and actions do not need justification to the government.
Following the failure of the official Afghan court system, the Taliban has again risen to power
and taken control of the justice system, because the people of Afghanistan trust the Taliban to run
a more reliable system. 33 A system put in place by an Islamic Fundamentalist group appears to
have no possible integrity but Afghanistan has been left with no other option but to fall into a
state of further anarchy. The relative calm over the thorny issue of the role of Islam in the legal
system has been achieved by a concerted effort to avoid any direct dealings with it. 34 The
Afghan government has essentially been avoiding the problem ravaging their nations justice
system. The people of Afghanistan had exhausted all available opportunities to turn to the official
court system because they were continually unsuccessful. Afghans then began to turn to the
Taliban as a last resort. A large number of people have been taking the same approach in hopes
they will be able to receive some form of judicial formality. The Taliban had successfully
resolved the issues the Afghan people came with, and this is how they were able to gain control
33 Ahmed, Azam. "Taliban Justice Gains Favor as Official Afghan Courts Fail." The New York Times. The New
York Times, 31 Jan. 2015. Web. 02 Apr. 2016.

34 Lao, Martin. Islamic Law and the Afghan Legal System. LSE Research Online, 1 June 2003. PDF.

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over the official court system. This is because the Taliban was almost completely in control of
the justice system at the time so they are able to decide who they want to help and who they do
not. Residents were saying they were frustrated with the westernised legal systems because it
was not working the way it should have been. 35 The Taliban were able to do what the officials
could not, and so the people began to entrust them with their problems needing legal assistance.
The justice system was failing its people and the Taliban were able to help the people that
accepted assistance. The reason the Taliban set the rule of law in Afghanistan is because people
fear them and because of this religion became the law. Religion typically has a substantial
amount of influence over peoples lives, and in countries basically run by a religious
fundamentalist group, the metaphorical line between religion and law becomes almost invisible.
The Taliban is a dominant force that has crippled the lives of countless people and
families in Afghanistan. They hold a lot of power in the justice system because they have the
power and ability to get things done and dealt with. Problems start to arise once people realize
that the Taliban is a terrorist group that really only does things that benefit them in some way.
Most residents in Afghanistan are terrified of them, except those who have gained something
from assistance coming from the Taliban. In January of 2016 the group staged a series of assaults
and it has since been claimed that these assaults are due to foreign military aid ending combat
last year. 36 In a country like Afghanistan where the lawmakers are following the will of God, it
is very common to see a broken justice system. When the people making the laws are also the
35 Ahmed, Azam. "Taliban Justice Gains Favor as Official Afghan Courts Fail." The New York Times. The New
York Times, 2015. Web. 09 May 2016.

36 "Residents Worried as Taliban Claims Latest Kabul Attack." - Al Jazeera English. 5 Jan. 2016. Web. 09 May
2016.

Littlewood 21

ones enforcing the law it is nearly impossible to instill change in the system. People are greatly
affected by the unjust in the legal system but there is nothing they can do because the people in
charge of change are the ones who made the law. The separation of sectors is imperative and is
often neglected in developing countries. Residents are terrified and clearly mistreated. One man
who lives in Kabul, where the attacks in January took place, named Massoud told a news source,
"The attacks are merciless. We are the most affected by these attacks. Our children die
and no one is here to ask about them or us, It's violence everywhere and this is the kind of
environment our children are growing up in. Either the Taliban should take over
completely or the government has to prevent these attacks and create a better
environment for us. 37
The people are the ones being directly affected and they have done nothing to deserve the attacks
against them. He speaks of a future generation, the children, that are being targeted. This is
creating an environment that is unsuitable for families. Most casualties from these attacks have
been Afghan citizens and this alone is reason for the people to feel unsafe and leave them in a
state of panic. This country has no hope of economic growth or stability because people fear
living there and bringing their families to a place raging with war. The people feel as though
nobody is coming to help them and that they will never be safe in their homes. Their world is full
of injustice and they have nowhere to go to see a world where people all have equal rights and
where the law is the law and people who break the law are punished. A place like that is a foreign
concept for corruption plagued countries like Afghanistan.

37 "Residents Worried as Taliban Claims Latest Kabul Attack." - Al Jazeera English. 5 Jan. 2016. Web. 09 May
2016.

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Before the rise of the Taliban in 1994, most Afghan citizens relied on old tribal law called
the Pashtunwali, also known as the code of honour. Doing Pashto means to act honourably and
to be guided by the values of the Pashtunwali. 38 Tribal law was successful for the Afghan people
because it was a law created by the people. The core principles of Pashto law outline things such
as equality, respect, generosity, and hospitality. Pashtunwali dates back to the pre-Islamic rule
and was used and accepted widely. According to an expert on this particular area of study,
outside the conflict zone this tribal law provides a foundation for the Taliban law to flourish and
thrive. The ethnic codes give the Taliban law structural stability in the peoples eyes. 39 The code
of Afghan tribal law is loose and although the core principles seem fair and proper, they are
usually vaguely followed. Since tribal law has no formalized legal law. Stated bluntly, laws in
Afghanistan are based on tribal law and at its core, it loosely follows a set of guidelines.
There have been attempts from other countries to help create a system that equally
distributes its attention to every person but due to the continued state of disaster, clearly none
have worked. NATO has attempted the reform process with relatively minor gains. Afghanistan
is at a point in history where it is imperative that actions must be taken. Creating plans and
leaving the work for the government to carry out is not a sufficient means of reform anymore in
this situation. After billions of dollars in aid to reform the court system in Afghanistan was
wasted, the people look down on the system. They have no reason to respect a legal system that
they neither, agree with nor receive adequate justice from. The official system is both expensive

38 Rzehka, Lutz. Doing Pashto. PDF.

39 Toor, Aisha. "Why Are Customary Pashtun Laws and Ethics Causes for Concern?" Center for Strategic and
International Studies. 9 Oct. 2010. Web. 09 May 2016.

Littlewood 23

and unjust for the people. On the contrary, most people fear the Taliban seeing it as a harsh and
merciless form of government.
Most Afghans first choice at a legal system would not be the westernised system put in place but
rather their original informal tribal law. Westernised laws and rules were created in the
anticipation of being used in western society. Using the same system in Afghanistan was a flaw
in the system. It was naive to think that a system fit for a developed, economically stable country
with different cultural backgrounds would fit perfectly for a developing nation on the brink of
war. 40 In light of the fact that informal courts are less secure and have no reason to work more
efficiently than a westernised system, it does work better. This system is able to meet the needs
of the Afghan people and provide them with a legal system that they can trust. Tribal law is a part
of Afghan culture and when that was taken from their societies, there was resistance. Recently
the United States has begun to support the Tribal systems in Afghanistan, accepting that this is
the system that will work best to meet the needs of all Afghans. The US has been financially
supporting this change in power because it has been the most successful at both, keeping peace
among the people and equally distributing fair law to every person. Although tribal law can be
unpredictable and informal at times the people who benefit from it, agree with it. And if you do
not agree with the laws created you will surely be punished. When there are no barriers between
judicial sectors there is no room for justice at all. The ones who create and enforce the laws also
have the ability to punish if you do not agree with the laws written. This is the problem at its very
core. Barriers must be drawn and redrawn if the Afghan people wish to see true justice for
themselves, their families, and their future generations.
40 Ahmed, Azam. "Taliban Justice Gains Favor as Official Afghan Courts Fail." The New York Times. The New
York Times, 31 Jan. 2015. Web. 02 Apr. 2016.

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Case Study Number Two: El Salvador


El Salvador is a geographically small, tropical, mountainous country located in Central America
on the Pacific Ocean with a population of 6.1 million people. The population in relation to size
makes it the most densely populated country in Central America. El Salvador is a republic
government run by President Sanchez Ceren both as the chief of State and Head of Government.
The Judicial branch is run by the Supreme Court that contains 15 judges who are elected by the
legislative assembly for nine-year terms. 41 The legal system is based on the Constitution of
1983. 42 This means that the legal system in El Salvador is the same as the legal systems in
North America.
To begin, El Salvador is known as the murder capital of the world so the court rooms should be
awash with acts of bribery. As the murder capital of the world one can assume that gang violence
is at a very high rate. Gangs threaten almost every town in the country especially the capital city
of San Salvador. 43 They pose very dangerous threats to residents and they infect the justice
system with a sense of chaos. During the summer of 2015 gangs were ravaging the cities of El
Salvador and terrorizing citizens. An incident on a public transit bus occurred in July of 2015
when violent gang members ordered a bus driver to strike in a motion that left six people dead
and thousands left stranded with no form of transport in the city. The principle reason behind this
terrorization was to pressure the president Sanchez Ceren to either release imprisoned members
41 "Central America and Caribbean :: El Salvador." Central Intelligence Agency. Central Intelligence Agency, 2016.
Web. 02 Apr. 2016.

42 The Legal System of the Republic of El Salvador. PDF.

43 Allison, Mike. "Strengthening El Salvador's Rule of Law." - Al Jazeera English. 20 Aug. 2015. Web. 02 Apr.
2016.

Littlewood 25

of the gang or to have them placed under less harsh conditions. Shortly after the government
refused to meet their demands five bus drivers were dead and two buses were set ablaze within
the next two days. 44 The threats and attacks only continued on while the police were left almost
completely helpless doing what they could whenever possible. Because of these violent gangs
taking over El Salvador it is one of the most dangerous countries in the Northern Hemisphere. In
2014, the police were specifically targeted and over 30 officers were killed by gang members
that year, and the following year that number doubled. 45 The problem of gang violence is
rapidly growing and government officials are standing by helplessly, practically observing.
Taking place in the courtroom itself, 12 judicial officials were accused of stealing seized cash,
hundreds of thousands of dollars were stolen from criminal proceedings. This is just one example
of how disastrous El Salvadors justice system is now. The Attorney Generals Office arrested all
12 of the accused. They had been working together to embezzle money from cases by absolving
murders, drug traffickers, and extortionists. The team had three judges taking part and after the
arrests only one of the judges was suspended. The actual testimony for this case came from a
protected source who used to be a part of the criminal network. 46 This case undoubtedly
displays the need for judicial reform in El Salvador because of the meager respect of justice in
the court system. Judges were falsifying cases specifically to steal money and distribute it
44 Yukhananov, Anna. "El Salvador Violence Surges after Gang Order for Bus Drivers to Strike." Reuters UK. 28
July 2015. Web. 02 Apr. 2016.

45 Kinosian, Sarah. "El Salvador's Security Policy Is Increasing Extrajudicial Killings and Abuse - Latin America
Working Group." El Salvador's Security Policy Is Increasing Extrajudicial Killings and Abuse - Latin America
Working Group. 12 Feb. 2016. Web. 10 May 2016.

46 Yagoub, Mimi. "El Salvador Judges Accused of Stealing Seized Cash." El Salvador Judges Accused of Stealing
Seized Cash. 26 Nov. 2015. Web. 02 Apr. 2016.

Littlewood 26

amongst themselves and other judicial officials. The dysfunctional, unlawful judicial system in
El Salvador is affecting the people that live there immensely.
There have been multiple attempts to reduce the violence and corrupt behaviour in El
Salvador with little success. Many government officials and personnel have been left with no
help in this fight against corruption. The government in El Salvador has set up a plan called Pan
Safe El Salvador in an attempt to slow down the further spread of violence through the city. The
expenses of this plan are not yet exact but somewhere between 1.8 million-2.1 billion. The cost
to keep gang violence and corruption at bay is high but at this point the government needs to do
whatever is necessary to lower future violence rates. In the past El Salvador has been known to
have some of the lowest expenditures for educational and social programs. All things considered,
with the budget of this plan the government will be spending eight percent of their annual GDP
on this new, trial program. The importance that the government in El Salvador is putting on this
new program is extensive. 47 With the increase in funds from the government going towards
programs to decrease corruption in the justice system there is potential to see revisions made. In
2014 it was brought to the attention of the government that if El Salvador was to qualify for $227
million of foreign aid they needed to show progress in fighting corruption and increasing the
independence of the judiciary. 48 This was shortly after the election of the current leader,
President Sanchez Ceren. The Salvadoran government has had little success in regards to the
reform of the judiciary.

47 Riesenfeld, Loren. "El Salvador Government Releases Plan To Reduce Violence." El Salvador Government
Releases Plan To Reduce Violence. 16 Jan. 2015. Web. 02 Apr. 2016.

48 "El Salvador." Freedom House |. 2015. Web. 10 May 2016.

Littlewood 27

The justice system in El Salvador is a truly broken set of laws. In this country women are
often charged and even detained in some cases for both having abortions and miscarriages.
Miscarriages are completely spontaneous and accidental, but to the El Salvador government they
are seen as a choice. Women have absolutely no control over whether their body aborts a fetus or
not, it is not a choice. Yet there are numerous, and multiplying cases of imprisonment for
miscarriages in El Salvador. Mirna Ramrez was imprisoned for 12 and a half years for having a
premature birth because she was accused of having an abortion. 49 Her neighbour reported her to
the authorities after she had the baby. She was then taken to prison even though her baby
survived, simply because she was accused of attempted abortion. In a country where women are
imprisoned for years on false accusations it is evident that the legal system is in need of
immediate reform. Citizens need to be able to trust the law to keep them safe, instead they fear it.
The law imprisons women for attempted abortion also known as premature birth or a
miscarriage. These women are treated like murderers, when in reality they are nothing more than
mothers taken from their children to be imprisoned for something they have no control over. It is
because of laws like this that people are unable to place their trust in the hands of government
officials and believe in empty oaths to uphold the law.
The laws the government choose to uphold are selective. In 2014 a military officer was
convicted and sentenced to seven years in prison for arms trafficking. 50 This implies that the

49 Watts, Jonathan. "El Salvador: Where Women Are Thrown into Jail for Losing a Baby | Jonathan Watts." The
Guardian. Guardian News and Media, 2015. Web. 10 May 2016.

50 Gagne, David. "El Salvador Military Official Convicted in Arms Trafficking Case." El Salvador Military Official
Convicted in Arms Trafficking Case. 1 Dec. 2014. Web. 10 May 2016.

Littlewood 28

government might possibly be taking certain laws more seriously now. The problem with this is,
they are still choosing the wrong laws to uphold. Reinstating laws against arms trafficking is a
positive improvement but initiating laws against abortion, and calling it murder sends El
Salvador back in the wrong direction. The problem has made itself clear, the government in El
Salvador does not know how to properly uphold the correct laws and dismiss the improper ones.
Another sector in need of reform are the prisons themselves. Wrongfully convicting
people is problematic enough, and then when you proceed to send innocent people to
underfunded institutions, this raises concern. There are simply not enough guards to watch all the
prisoners safely. The situation is becoming increasingly more concerning the longer it is left
untouched. The region itself is not in a position to attempt reform, and it is going to take copious
amounts of foreign aid and increased wages and budgeting before the situation will see
resolution. Prisons are underfunded, overcrowded and often controlled by people behind bars.
In June 2012, El Salvadors Direccin de Centros Penales (Directorate of the Penitentiary
System) confirmed that the prison system was operating at 317 percent of its capacity. 51
Prisons have no chance of running properly, or even decently at these rates and really the only
way to fix the problem is for enough foreign aid to go to the right places within the system.
It is clear that almost every sector within the judiciary is corrupt and unjust to some
degree. There is no possibility for citizens to be treated fairly by a system that is run with
ludacris laws and corrupt police forces and judges. Most people have no hope of receiving proper
assistance. The country is not only plagued with corruption in the form of money laundering,
among other things, but is also raging with gang violence that can not be controlled. Citizens live
51 Wright, Julio Rank. "El Salvador's Prison System Needs Reform." El Salvador Prison Reform. 17 Dec. 2012.
Web. 10 May 2016.

Littlewood 29

in constant fear of the law and this has led to the broken system that is El Salvadors justice
system.

Case Study Number Three: Nigeria


Nigeria is a western African country located on the Gulf of Guinea with a population of almost
174 million people. The President Muhammadu Buhari was elected in 2015 and before that he
served as an Army major general and was the Head of State of Nigeria for two years from 19831985. In addition to the use of English common law and traditional law, Nigeria also uses Islamic
law in 12 northern states. 52 Judges are appointed by the president and on the recommendation of
National Judicial Council. This has resulted in another case of no separation between sectors and
systems. The president is the one who chooses the judges, creating a link between them. If the
judge is both recommended and then appointed by the President he/she then holds power over a
courtroom until he/she retires at age 65. This has resulted in yet another judiciary ravaged with
corruption.
There is a direct correlation between the people able to access the judiciary system in
Nigeria and the people who can not. The structure that forms both the police force and the
judiciary is built on weak ideals. According the former Chief Justice of Nigeria, honourable
Dahiru Musdapher
Reducing corruption in the justice sector would make it more likely that corrupt
individuals in other sectors would be prosecuted and punished. This would raise the cost
of corruption and discount the rewards derivable there from. Thus, taking steps against
52 "Africa :: Nigeria." Central Intelligence Agency. Central Intelligence Agency, 2016. Web. 10 May 2016.

Littlewood 30

corruption in the justice system should be a first step in dealing with corruption in society
as a whole. 53
It is clear to Justice Musdapher that in order for there to be real change there first needs to be a
reform in the justice sector. The effects that reform would give could possibly be substantial to
the development of the country.
In 2012 the brutal murder of four university students left people questioning the quality of the
justice system in Nigeria. 54 People were beginning to question the effectiveness of their legal
system and how well the government was actually upholding the law. Nigerian people were also
beginning to see the police force for what they really were, useless. If the police had been at the
scene of the crime, ready to intervene, the students could have been saved. Instead, the police are
nowhere in sight and four people end up dead because of their lack of interest in the well-being
of their people. The police had become known as unprofessional to the people, but this really
was nothing new to them. Preventative measures could have been taken but that is only possible
if the police are there to uphold justice. Before 2015, police officials could arrest any citizen
without a warrant who could not give a satisfactory account of him/herself. 55 This leads people
to believe, increasingly so, that the police in Nigeria are useless when it comes to keeping
citizens safe.

53 "Corrupt Judge Harmful to Nigeria, Says Chief Justice of Nigeria." Web. 10 May 2016.

54 "Daniel Ehighalua." Wrongful Convictions Blog. 7 Oct. 2012. Web. 11 May 2016.

55 "CJN Orders Day-to-day Trial of Corruption Cases - Vanguard News." Vanguard News. 2016. Web. 11 May
2016.

Littlewood 31

Following a corrupt police force in Nigeria are the corrupt judges. Justice Abubakar
Talba was involved as the official judge in an 18-count charge of conspiracy and embezzlement,
among other things. He was said to have given a light sentence to those involved in the
embezzlement of $32.8 billion Naira, equal to about $213 million canadian, of police pension
funds. The case was later reassigned to Justice Hussain Baba who gave a two year sentence or a
$750,000 fine. 56 It is not uncommon for cases to get reassigned because of how the case is
handled by a certain Justice. The government has the authority to reassign cases based on
opinion.
Judges play a crucial role in the administration of justice in Nigeria and it is because of
this, that they are assessed regularly to ensure equality. It is being assured to the people that
every case of corruption, no matter how seemingly minor, will be dealt with. 57 The Nigerian
government is setting harsher punishments for anyone who displays corrupt actions within the
judiciary. The actions of these corrupt individuals will no longer go unnoticed. Considering all
that is being promised by the government, there is a vast amount of room for disappointment.
The Nigerian government would not be the first to ensure that corrupt actions will be met with
prosecution, and they will surely not be the last. President Buhari is ensuring his people that he
has the situation under control and that his government will no longer tolerate a single trace of
corruption within the judicial system. He claims he will do everything within the law to uphold
his word and ensure a corruption-free judiciary that serves all equally.
56 Helen, Ajomole. "Top 12 Corruption Cases & Scandals Under Jonathans Administration." Nigeria News Today
Breaking News Read on NAIJCOM Nigerian Newspapers. 2015. Web. 11 May 2016.

57 "Nigerian Government Vows to Jail Corrupt Judges, Seize Stolen Assets - Premium Times Nigeria." Premium
Times Nigeria. 2016. Web. 11 May 2016.

Littlewood 32

The Nigerian people have been promised a large sum of change and it seems, to an
outsider, nearly impossible to obtain. However, solutions are on the rise for this country. Chief
Justice Mahmud Mohammed has recently enacted the Administration of Criminal Justice Act in
an attempt to make sure that more urgent cases are treated with the most priority.
Corrupt judges are only a part of the problem in Nigeria, and in regards to abuse and
corruption of power, the real threat to the Nigerian public is the law force. Police in Nigeria are
some of the most brutal and corrupt in the world. Proper policing is essential in a countrys
ability to ensure public safety. Often police officers who are involved in corrupt acts go
unnoticed by the government, and this is why transparency in the system is vital to success. 58
Widespread corruption in the Nigeria Police Force is fueling abuses against ordinary
citizens and severely undermining the rule of law in Nigeria, Human Rights Watch said in
a report released today. Human Rights Watch called on Nigerian authorities to take
immediate steps to improve budgetary transparency in the police force and to investigate
and bring to justice police officers at all levels implicated in corrupt practices. 59
The fact that Nigerian forces need to take immediate steps to reform and that specific actions
need to be taken is becoming well known. This issue is affecting every part of the nation,
predominantly the citizens and economy. Nigeria has a well-known reputation for being a corrupt
nation and having brutal police forces.
In Nigeria it is very common for police to stop people while driving, and solicit and extort bribes
from them. In one case in 2013 a man was pulled over and in anticipation of what was about to
58 Winsor, Morgan. "Nigeria Police Extortion: Buhari Warns Against Corruption In National Force." International
Business Times. 21 Aug. 2015. Web. 11 May 2016.

59 "Nigeria: Corruption Fueling Police Abuses." Human Rights Watch. 17 Aug. 2010. Web. 11 May 2016.

Littlewood 33

happen he began filming the following events. The police officer got into the mans car and told
him he had committed some offence, then continues to demand 25,000 naira ($155). When the
driver continues pleading with the officer, saying that he did not have the money the officer was
asking for, the officer calls another colleague in an attempt to threaten the man. It was later
discovered by police spokesman, Frank Mba, that there was never actually another colleague
working with him this time. 60 This is a case of corruption spread through the system, because
after an officer solicits money from an innocent citizen it is assumed that he/she would be giving
the money to their superior in office. This corrupt act has become so institutionalized, it makes
up the fabric of the system itself.
There are serious long-term effects from such corruption within a system. Years of failure to
address the issue of bribery, extortion, and embezzlement has resulted in a problem so deeply
ingrained that in of itself will take years to fix. Every person answers to another in this system,
and the result of this is a group of people all in a position of power that control the system. The
basic rights of all Nigerian citizens is in constant danger of being abused because of how poorly
they are treated by government officials. Majority of the time, the accusations made against
people by police are found to be false. 61 The police in Nigeria are working only for personal
gain and to make a profit. Actions should always yield consequences but in the case of corrupt
states this rarely occurs.

60 Snyder, Elliott. "Nigeria's Police Corruption Problem Highlighted By YouTube Clip Of Cop Soliciting Bribe
(VIDEO)." The Huffington Post. TheHuffingtonPost.com, 9 Aug. 2013. Web. 11 May 2016.

61 Suleiman, Barnabas M. "HUMAN RIGHTS VIOLATIONS BY THE NIGERIAN POLICE: THE NIGERIAN
EXPERIENCE IN A DEMOCRACY." Research Gate. 18 Aug. 2015. Web. 11 May 2016.

Littlewood 34

There are a number of cases in Nigeria where people have been accused of something, arrested,
and then detained only to be released. The people often file against their prosecutors seeking
damages for malicious prosecution, and in most cases they are denied. In 1999 a man by the
name of Ahemba filed a police report against a man named Bayol, accusing him of stealing rice
from his farm. Bayol was immediately arrested and prosecuted but not long after he was released
when the accusation was found to have been false. Following his release Bayol filed against
Ahemba seeking damages for malicious prosecution. The trial and Court of Appeal both
dismissed this file against Ahemba saying that Bayol did not provide sufficient evidence of
malicious prosecution. 62 A man was falsely imprisoned and in an attempt to seek justice for
himself, he was denied and ignored. This occurrence in extremely common in the Nigerian legal
system and proves, yet again, that the system is broken. The court saw his appeal as unimportant
and considering the judge had nothing personal to gain from filing against Ahemba, he dismissed
the case and justice for Bayol, for being wrongly imprisoned, was never given.
The justice system in Nigeria is in desperate need of repair. It has been shown through the
corrupt police force, extorting bribes from people and soliciting money by presenting threats,
that the Nigerian people have much to fear from the system and the people that are supposed to
be keeping them safe. The system instills a sense of fear in the people, knowing that they only
have themselves to keep them and their families safe because the law is seldom upheld to the
extent it needs to be, if at all. The fact that Nigeria is in a state of serious corruption is wellknown matter worldwide. It will take an immense amount of planning and money from foreign
contributors to attempt to reform the judicial system.
62 "False Imprisonment & Malicious Prosecution." Lawfields Lawyers. 9 June 2015. Web. 11 May 2016.

Littlewood 35

International Organizations: NATO


NATO, or the North Atlantic Treaty Organization is an intergovernmental military
alliance based on the North Atlantic Treaty. NATO is based out of Brussels, Belgium but works
on a global level. This organization has two main sectors, political and military, both of equal
importance the the countries it supports. The political side of NATO stands to enhance security
and trust and prevent conflict in the future. The military side is more committed to keeping peace
through necessary means.
The current judicial system in place in Afghanistan is in a disastrous state of disrepair and
is in need of much reform before it can even be considered a proper judicial system. 63 NATO
has been attempting to resolve this issue by taking many steps towards changing the way this
system works, down to the roots of the justice system in this country itself. For example, they
63 "What Is NATO?" What Is NATO? Web. 02 Apr. 2016.

Littlewood 36

have assessed the direction with which this system is heading towards and have created plans to
further the betterment of the structure. The Afghan government and NATO has begun to
prioritise the rule of law for its protection of rights and protection of life. 64 Immediate action
must be taken on an international level for the reform of this structure in society, because telling
judges, prosecutors and defense attorneys that they simply must ensure that all law practiced will
be fair and balanced is not enough to actually ensure that this will happen. For the most part,
NATO has only been providing steps that the Afghan government should take in the near future
to reprise their legal system. They have made multiple, detailed suggestions such as having
additional and enhanced training of their officials in the near future, adopting a legislation to
protect the judiciary from and possible outside interference, and conducting assessments of as
many courts as possible. NATO has also contributed to the reform of many other complex
systems for other countries currently, and numerous times in the past.
The main reason these attempts at resolution have failed is because NATO has failed to
actually put into place any of their plans lain out for the Afghan government. They have only
contributed in the way of factual thought and ideas. NATO decisions and consultations are
seemingly more important than physically administering aid to countries in need of assistance. In
summation, NATO has an extensive history of giving ideas and putting plans in place for
countries to carry out on their own. They are well equipped to provide information and solutions
to numerous problems and they have provided aid to countries in desperate need, but the actions
that need to follow after a plan is put in place have yet to occur for places like Afghanistan.

64 "Reforming Afghanistan's Broken Judiciary." - International Crisis Group. 17 Nov. 2010. Web. 02 Apr. 2016.

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International Organizations: Transparency International


Transparency International, also known as TI, was founded in 1983. It is a non-governmental
organization devoted to monitoring and publicizing cases of corporate and political corruption on
an international level. They host the largest anti-corruption conference in the world, and in 2015
more than 1,000 people from 130 different countries assembled to battle the endless war on
corruption, specifically people in a position of power escaping justice for their actions. TI has set
up copious amounts of programs for many different countries in attempts to reform their corrupt
judicial structure.
The first step taken to providing a solution for a country is to evaluate the transparency,
accountability and participation mechanisms of local programs and identify key weaknesses. 65
TI will first assess a situation and then take action to resolve the dispute. In other words, create a
65 "Transparency and Accountability in Social Programmes in Latin America." Projects and Activities -. Web. 02
Apr. 2016.

Littlewood 38

plan first, and act out said plan second. The reason this system has been relatively successful to
some extent is because TI is quite well equipped to provide adequate solutions to issues. They
have recently set up a number of programs in Argentina, Colombia, Honduras, and Guatemala, to
help ensure equality of justice in Latin America.66
Transparency International has also set up a page on their website indicating on a map a
ranking of each countrys level of corruption. This information is based on multiple factors that
are thoroughly researched and backed up. This list is called Transparency Internationals
Corruption Index (see appendix II) and it shows which countries are the most corrupt and least
corrupt, indicated by the shade of colour used and the ranking out of 168. The reason this list is
particularly insightful is because it clearly depicts which countries need assistance and which
countries have the ability to assist. It can also embody the relationship between the wealth of a
country and its level of corruption. As an illustration, most of the countries in Africa score lower
than a 40/168 on the scale, the lowest possible ranking, therefore most corrupt, being 1/168.
Africa is a very impoverished continent, and has some of the lowest rankings on the map. On the
other end of the corruption scale, all of North America and most of Europe ranks above a 70/168.
So as described, the relationship between wealth and corruption is very prevalent and easily seen
on this form of a scale.
The logic behind Transparency International is to have the ability and means to reach and
help as many people as possible in the most efficient way, while still being effective. The reform
of the exploitation in these developing nations is a slow process that has shown little progress
over the last three years or so. The reasoning behind why this process is so gradual and why TIs
66 "Transparency and Accountability in Social Programmes in Latin America." Projects and Activities -. Web. 02
Apr. 2016.

Littlewood 39

attempts have had little visible results in the last few years is because, to adjust a whole system
would mean adjusting every sector in that system. Each sector takes time to accurately enhance
from the structural integrity of the system as a whole. So although TI is putting forth substantial
effort in the means of enhancing programs and building trustworthy legal systems, the process is
continually ongoing.

Canadian Connections
There is a very discernible connection between wealth of a nation and the level of corruption.
Canada was recently ranked as the ninth least corrupt country in the world by Transparency
International 67 and is a stable country due to its wealth. This being said, Canada does have
ample problems with its judicial system that often go unnoticed because focus is directed
elsewhere. An immense problem with the legal systems of those in North America including
Canada, even while being ninth least corrupt, is that political and authority figures feel as though
they have contrasting rules to those of civilians. Although Canada is still in a place where they

67 "Canada Ranked 9th Least Corrupt Country in the World | Toronto Star." Thestar.com. 27 Jan. 2016. Web. 02
Apr. 2016.

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are readily available to deliver aid to countries who need it, it should be noted that the structural
integrity of Canadas legal system has flaws as well.
Various Canadian citizens have little faith in their own court and prison system. At the
same time, those people also believe that the punishments for crimes are too severe. The research
acquired also shows that some Canadians also see the system as slow and lenient with their
punishments. 68 This information displays the varying opinions of the way the law is run in
Canada. Canada just like many developing countries has issues with the laws and court system
currently in place. In addition to that dispute, police brutality is also a growing concern to
Canadian citizens recently, as it has been on the rise on many social media platforms. There are
multiple cases of police using excessive force to contain a person. In 2012 a man in British
Columbia was allegedly brutally beaten by two RCMP officers. 69 Since this incident the
concern has only become more prominent with numerous cases very similar that followed.
Despite the fact that Canada is regarded as one of the safest, not to mention least corrupt
nations in the world there is still a growing concern for the legal systems integrity. Even
considering the wealth of Canada compared to the poverty in developing nations, Canadians still
have to deal with poor conditions even in light of being a relatively wealthy country. On a minor
scale, corruption happens countless times a day. Personal connections to the local police force is
a very common way people are able to be exempt from simple charges like speeding tickets. This
is referred to as nepotism and it is a form of corruption whereby those with power or influence

68 "Study Finds Canadians Have Little Confidence in Justice System." CTV News. 17 Feb. 2014. Web. 02 Apr.
2016.

69 "Man Allegedly Beaten By RCMP." The Huffington Post. 10 Sept. 2012. Web. 02 Apr. 2016.

Littlewood 41

favour relatives or friends. This really shows that corruption does affect all nations to some
extent, and that all countries have to deal with cases of injustice within the system.
One of the possible reasons there has been a rise in corruption may be in part related to
increased globalization. As Canada is becoming more globalized with trade and immigration it
has more ties with countries with much higher corruption rates, possibly influencing the spread
of illicit acts within the government systems. Organized crime has become increasingly
prominent in Canada. 70 Organized crime can be described as transnational, national, or local
groupings of centralized enterprises run by criminals who intend to engage in illegal activities for
profit. 71 When you think of the long and gloomy history of man, you will find more hideous
crimes have been committed in the name of obedience than have ever been committed in the
name of rebellion. 72 Organized crime is a destructive and dangerous act that puts citizens at
risk. The logic behind organized crime however is hard to diagnose because of its complex
social and political reasoning. In an attempt to understand why organized crime has taken
foothold in Canada it is important to consider the facts. Organized crime is used to create ties
across borders illegally to exploit government systems for personal gain.
The resolution of corruption in Canada will be the same lengthy process of that in
developing countries. Certain steps must be taken if the situation is to be resolved. To start, each
sector should be properly assessed to see exactly where the problem originates from and what it
70 Anderson, Elizabeth. Municipal Best Practices: Preventing Fraud, Bribery and Corruption. Vancouver:
International Centre for Criminal Law Reform and Criminal Justice Policy, Mar. 2013. PDF.

71 "Organized Crime." FBI. FBI, 2010. Web. 02 Apr. 2016.

72 Snow, Charles P. "The Quotations Page: Quote from C. P. Snow." The Quotations Page. Web. 02 Apr. 2016.

Littlewood 42

affects the most. Next, is the detection of future flaws in the system. This is a preventative
measure for the betterment of Canada in the future. Following that, control programs should be
put in place to reform the damage currently plaguing the nations legal system. In addition to all
of that, anti-corruption measures that base themselves around properly educating people of the
importance of a fair legal system and how to maintain equality. 73

Solutions
Corruption is a difficult concept to grasp. The cause and effect may be even more difficult. In
terms of solving the social plague that is corruption, there are countless different approaches that
can be taken. However, almost all of these solutions have been attempted in some way or
another. The government is responsible for the reform of the judicial system when it is in need of
reform. Seemingly endless amounts of funds have been given and distributed to different
programs and restorative processes in an attempt the provide a more honest and well balanced
structure to uphold the laws of society. Developed nations have set up numerous programs and

73 Anderson, Elizabeth. Municipal Best Practices: Preventing Fraud, Bribery and Corruption. Vancouver:
International Centre for Criminal Law Reform and Criminal Justice Policy, Mar. 2013. PDF.

Littlewood 43

given copious amounts of information and advice to developing nations with developing justice
systems. The problem with that is, to really get to the root of the problem that is corruption there
needs to be a certain level of investment that simply giving advice does not fulfill. Social reform
of a corrupt legal system requires a more hands-on approach to succeed.
The first thing governments in developing countries facing this issue need to do is create
and sense of transparency to the system. Essentially make every part of the judicial sector readily
available to the public to observe and understand. The better people understand a system the
better it works. Also, if people know that everything that happens within the system is being
broadcasted in some way, shape, or form, there would be a definite decrease in the number of
bribes both offered and taken. This has been attempted in some nations, for example El Salvador,
but it was not properly established or publicised. That could be the reason the attempt was
largely unsuccessful in that specific country. In light of that information, that approach did
actually have positive results in a country similar to El Salvador. Brazil is set to host the 2016
Olympic games, and because of this the country has been working diligently to reform their
justice sector, not only within the courtroom, but within the police and public service as well.
The threat of becoming an extremely exposed country to the rest of the world gave Brazil a
motivation to work towards a more reliable and honest justice system for its people.
Another way to possibly reform the justice system could be based around the idea that
honesty will be highly rewarded and corruption will be increasingly less rewarding. 74 The
reason this system could work is because it would simultaneously keep people from using
bribery as a form of corruption and stop people from accepting bribes. It also instills a slight
74 Lopez-Claros, Augusto. "Six Strategies to Fight Corruption." Future Development. 14 May 2014. Web. 02 Apr.
2016.

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sense of, not fear, but awareness that there will be immediate and harsh consequences for acts of
corruption that take away from the integrity of the judicial system. Also, when an act of
corruption is seen there will be more motivation than before to tell the truth because honesty is
highly rewarded. Rather than spending millions of dollars on creating programs, the money
allotted for reform could be put directly into the pockets of honest people. This approach is
almost unheard of, and because of this it should be attempted to be put into place in a country
with moderate corruption and the results should be monitored closely.
The idea that the reason people feel the need to both give and accept bribery is because
government officials are underpaid has clearly not been looked at. One of the first things
countries really need to do if they want people to work for the system and not the highest bidder
would be to raise the wage of judges and other government officials. However, the obvious
problem with this solution is that poor countries can not afford to pay government officials
higher wages. Corruption is a vicious cycle. It takes more than just donated funds to solve a
problem. These countries need professionals to study the situation to fully understand what really
needs to be done to solve the problem. In many cases in developing countries corruption could
potentially be significantly decreased by using aid to raise government officials salaries so they
will not feel the need to accept bribes, and instead they can focus on human rights.
Many approaches have been attempted and failed, but on the other hand many approaches
have yet to be used. The governments of developing countries with justice systems in need of
major reform need to have the motivation to put into place a system and follow through with
every step and measure necessary to fix the problem. Corruption is simultaneously complex and
simple.

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Conclusion
Judicial systems in developing nations suffer from lack of authority, embezzlement, bribery,
corrupt judges, and ineffective police all resulting in the overall corruption of the justice sector.
The three countries this report focuses on are Afghanistan, El Salvador, and Nigeria. Each of
these countries has their own individual issues that all build to create a justice system plagued
with illicit acts. There are many factors to consider when trying to determine how exactly each of
these countries came to be so corrupt. To start, it must first be taken into consideration the
country as a whole. For example, what type of government they have, who their leader is, the
background of the people that inhabit that country. When attempting to apply solution to resolve
the issue there are a number of things to consider as well, like what has already been attempted

Littlewood 46

as solution, why this did not work, and what type of assistance is legitimately needed to form a
resolution.
The act of corruption in developing nations is often left unnoticed for the simple reason
that corrupt actions, such as bribery, often result in some form of personal gain for a government
official. It is not a secret that government workers in developing nations are underpaid and that
the systems are underfunded. The result of this is a group of people initially vowing to work for
the greater good of the people and then realising that personal gain offers more reward for
themselves, and in poor countries money runs the world. Actions such as extortion of citizens of
money laundering are able to happen because there is nobody to stop such actions from taking
place.
The result of all of this corruption is a nation full of people terrorized by their own
government. Terrorized by the very people meant to protect them. People are left to defend
themselves and their families and in the past, people left to their own prospects have a history of
failure. When people are left to handle dangerous situations like police brutality, the outcome is
often more illegal and unjust acts. When it is clear that an entire nation can not trust its justice
system to protect them, actions must be taken and reform needs to begin. No person deserves to
live in fear that a member of a religious fundamentalist group will attack them or their family, or
that they will be falsely accused and convicted of a crime they did not commit simply because
nobody cared enough to have a fair trial. Every citizen holds the fundamental human right to a
fair and justified legal system that will protect them and ensure their safety for a happy life free
from fear.

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Appendices
Appendix I-

Littlewood 48

Appendix II-

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