BACKGROUND
These guidelines result from a sustained collaboration among civil society organisations across
Asia, recognising the urgent need to strengthen legal representation in death penalty cases. In
2021, a group of legal and human rights organisations—including the Institute for Criminal
Justice Reform (ICJR, Indonesia), The Square Circle Clinic (India), Justice Project Pakistan
(JPP), Taiwan Alliance to End the Death Penalty (TAEDP), Transformative Justice Collective
(TJC, Singapore), Malaysian Centre for Constitutionalism and Human Rights (MCCHR), and
a Chinese legal researcher—conducted research on fair trial standards in capital cases. Later,
representatives from the Centre for Prisoners Rights (CPR, Japan) and Japan Federation of Bar
Associations joined this initiative, further enriching the collaboration with their expertise and
perspective. Facilitated by The Rights Practice, this initiative documented structural,
procedural, and institutional challenges affecting capital defence. Despite differences in legal
systems, common barriers emerged, including inconsistent defence standards, restricted access
to case materials, inadequate legal aid, and the limited capacity of lawyers to present mitigating
factors. These findings underscored the urgent need for a regionally grounded framework to
support defence lawyers in navigating the complexities of capital cases.
In 2023, an initial convention brought together legal practitioners and human rights advocates
to discuss the research findings and explore solutions. While international human rights
instruments provide fundamental legal benchmarks, participants identified a lack of regionally
specific guidance for capital defence. Participants agreed that an Asia-led initiative was
necessary—one tailored to the region’s diverse legal, political, and cultural contexts rather than
an adaptation of external models.
Building on these discussions, a second meeting in November 2024 in Kuala Lumpur brought
together civil society organisations and legal practitioners to shape the content of the
guidelines. Participants engaged Ricky Gunawan, an Indonesian human rights lawyer with
extensive experience in capital defence, to facilitate the meeting and spearhead the drafting
process. The meeting allowed participants to define key legal and procedural safeguards,
ensuring that the guidelines would be both practical and aspirational in elevating defence
standards.
Following the Kuala Lumpur meeting, between January and March 2025, Gunawan led the
drafting with strategic oversight, integrating regional feedback, conducting further legal
research, and refining the structure to enhance clarity and applicability across diverse
jurisdictions. The process involved multiple rounds of consultation, ensuring that the
framework reflected both legal soundness and practical defence strategies.
The version presented here is the culmination of this collaborative effort. It represents a
regionally driven initiative aimed at strengthening legal representation in capital cases and
reinforcing broader fair trial protections. These guidelines serve as both a practical tool for
defence lawyers and a strategic advocacy document, reinforcing the role of legal practitioners
in upholding due process, ensuring professional ethics, and advancing fair trial standards in
capital cases across Asia.
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