Newsletter May, 2010 |
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Our Mission: To work for fair trials based on international standards of justice and defend the rights of those facing charges in a country other than their own. In this issue
Case: Deborah Dark - France Drops Arrest WarrantOver 20 years after Deborah Dark was first cleared by a French court, the European Arrest Warrant issued against her was finally dropped on 24th May 2010. Deborah is now free to leave the UK without fear of arrest and is able to visit her elderly father in Spain who she has not seen for the last two years. On hearing the news from Fair Trials International, Deborah said: “I feel like a ten tonne weight has been lifted. I have been living through hell but now I can get on with my life.” Deborah was arrested in 1989 on suspicion of drug-related offences and held for eight and a half months awaiting trial. The French court found her not guilty of all charges; she was released from jail, and returned to the UK. Without informing Deborah or her lawyer, the prosecution appealed the original verdict and in 1990 Deborah was sentenced to six years. In 2005 (15 years later) the French authorities issued a European Arrest Warrant for Deborah to be extradited to France to serve her sentence. Deborah knew nothing of this until 2008 when she was arrested at Alicante airport (Spain) on the way home from a family holiday. Thankfully, FTI was able to help Deborah find a great Spanish lawyer (Christian Mesia) who, against all the odds, persuaded the Spanish courts that it would be unjust to extradite Deborah so many years after her “in absentia” conviction. Deborah was released and came back to the UK. Unfortunately, though, her ordeal was not over. She was re-arrested on arrival at Gatwick airport by British police under the same European Arrest Warrant in November 2008. Represented by John Jones (of Doughty Street Chambers), the British courts also refused to extradite Deborah in 2009, saying that her extradition would be “unjust". Despite these two separate rulings and continued public and political pressure coordinated by Fair Trials International France did not remove the Arrest Warrant until 24th May this year. Read more about Deborah’s case here Case: Garry Mann Extradited to PortugalAfter a long legal battle, Garry Mann was extradited to Portugal on 12th May under a European Arrest Warrant. He has now served the first two weeks of a two year prison sentence imposed after a grossly unfair trial. Shortly before his extradition, Garry said: “I have been let down by the politicians that agreed to the UK’s rigid extradition laws and the European arrest warrant and the judges who no longer seem willing to stand up for justice . This was supposed to have been for terrorists implemented after the 9/11 attack but, for some reason, I have been caught in its net. I am not the first victim of this system and, until it’s reformed, I won’t be the last.” In April, we reported that the European Court of Human Rights had refused to block Garry Mann’s extradition to Portugal . Following this, FTI supported Garry’s final legal challenge in the UK courts (he was represented by Haren Todner, Ed Fitzgerald and Ben Cooper), intervening with Mark Summers and Matthew Ryder QC to argue that Garry’s extradition would amount to a form of arbitrary detention given serious doubts over whether a jail sentence in Portugal was, in fact, ever imposed. It is a great disappointment that the UK courts found they had no power to stop Garry’s extradition, despite the fact that it was, in the words of Lord Justice Laws, “a troublesome case”. In previous hearings the British courts went further, talking of the “serious injustice” that Garry had suffered, describing his extradition as an “embarrassment”, with one court concluding that his trial in Portugal had breached his fair trial rights. FTI together with pro bono counsel in both Portugal and the UK is working to secure either early release or a prison transfer to bring Garry home as soon as possible. We are also continuing the legal challenge to Garry’s treatment by Portugal and the UK in the European Court of Human Rights. Read more about Garry’s case here Campaign: European Arrest Warrant - Coalition Government Promises ReviewGarry Mann’s extradition coincided with the establishment of the UK’s new Coalition Government. The day after Garry was sent to Portugal, FTI wrote to the new Home Secretary (Theresa May) highlighting the injustice in Garry’s case and asking for a meeting to discuss the reforms needed to make the European Arrest Warrant (EAW) operate fairly. The Home Secretary quickly responded, saying that she was “aware of the concerns that have been raised both in relation to [Garry Mann’s] case and more broadly on the operation of the EAW”. She promised a careful examination of the UK’s extradition arrangements in the coming months and assured us that this would include “a thorough examination of the EAW”. The letter concludes: “It is vital that the UK’s extradition arrangements operate both effectively and in the interests of justice.” News: Coalition Government and Justice in Europe
Earlier this month, Fair Trials International awaited with baited breath news of the deal reached by the Coalition Government on European justice measures. The agreement reads: “We agree that we will approach forthcoming legislation in the area of criminal justice on a case by case basis, with a view to maximising our country's security, protecting Britain's civil liberties and preserving the integrity of our criminal justice system.” Fair Trials International believes the UK’s support for the "Roadmap" of European defence rights will meet these tests. These measures are crucial to building a foundation for the mutual trust which must underpin measures such as the European Arrest Warrant, designed to help protect our national security. Without effective guarantees of defence rights, cases like Garry Mann’s (above) will continue to undermine public faith in the British justice system and in the European Arrest Warrant. Major progress is already being made on the “Roadmap”: The first measure (guaranteeing defendants access to translation and interpretation) is set to become law this autumn and is supported by the UK. The next crucial measure (information on rights and charges) is due to be published this summer. Over the coming months we will lobby for the UK to support this legislation, drawing on the compelling evidence from our casework to demonstrate the importance of this proposal. Support us
Read more at www.fairtrials.net |
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