Newsletter February, 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: Patrick Malluzzo's Appeal RejectedAfter subjecting Patrick Malluzzo to a four year wait before hearing his appeal, the High Court of Rajasthan has upheld his grossly unfair conviction. On hearing the news, Patrick's mother said: 'For years we have prayed that our son would finally receive justice in the Indian courts and be allowed to come home to us a free man. We are devastated by today's decision.' Patrick was arrested during a back-packing trip to India in early 2004 and was convicted in 2006. He has reported that he was tortured by Indian police and forced to make a televised confession. His trial was a travesty of justice. Fair Trials International will continue to work with the Malluzzo family and their Indian lawyers to fight for justice for Patrick. Case: Garry Mann Takes Extradition Fight to European CourtA full bench of judges in the European Court of Human Rights in Strasbourg considered whether to stop Garry Mann's unjust extradition to Portugal earlier this month. Garry is wanted under a European Arrest Warrant (EAW) to serve a two year prison sentence imposed after a trial one British court has concluded was so unfair that it breached his fundamental rights and which a British police officer, present at the trial, has described as a 'farce'. The European Court of Human Rights took this exceptional move after the UK's High Court concluded that it had no power to prevent Garry's unjust extradition. The UK Courts called on the European Court and the British Government, through diplomatic means, to 'deliver some measure of justice' to Garry. The Strasbourg Court decided to defer its decision until a final hearing in the UK Courts, expected in March. Fair Trials International has also been working to encourage the UK Government to exert diplomatic pressure on Portugal to achieve justice for Garry. Campaign: European Arrest Warrant Supporters Acknowledge InjusticeIncreasing publicity surrounding FTI's 'Justice in Europe' campaign and the injustices caused by the European Arrest Warrant (EAW) has resulted in growing acceptance of the need for reform. This month David Blunkett MP and Graham Watson MEP, who were both influencial in introducing the EAW in 2002, publicly accepted the need for a review of the Warrant and acknowledged the injustice it is causing in cases like Garry Mann's. On BBC Radio 4's Today Programme, Watson claimed that the EAW is effective in bringing serious criminals and terroritsts to justice, but admitted that 'there are different levels of justice' throughout Europe. He also accepted that a lot more needs to be done to ensure public confidence in European justice systems, such as proper procedural safeguards for defendants. David Blunkett wrote in the Independent: 'Looking back, I was unfair to Mr Mann - not in terms of the law that was agreed, but in terms of my own insensitivity to the likely overuse of powers which were designed, in particular, to tackle organised crime and terrorism.'
Policy: Increased Representation on FTI's Experts PanelFTI held the fourth meeting of its Legal Experts Advisory Panel on 5th February, bringing together 30 experts from 12 different European jurisdictions. The Panel provides a wealth of expertise from across the EU which informs FTI's policy and campaigns work. The Panel discussed the need for continued efforts to reform the European Arrest Warrant, in particular to prevent its use for trivial offences. The importance of EU proposals to introduce a legal requirement on member states to provide suspects with information about their rights was also discussed. Participants confirmed that, in many EU countries, defendants are provided with no information about things like their right to a lawyer or interpreter. News: 2,582 British Nationals Detained OverseasAlarming figures released by the Foreign and Common Wealth Office (FCO) this month, reveal that at the end of September 2009, 2,582 British nationals were detained overseas. On releasing the figure, Foreign and Commonwealth Office Minister, Chris Bryant, said: 'The message is clear - we can't get people out of jail in other countries, so if you don't want to waste your life away in a tough foreign jail, be sensible and keep clean.' Many of those in detention have, of course, been fairly convicted of criminal offences. Within these statistics there are, however, significant numbers of people who have been convicted of no offence, who are spending months or years in jail awaiting trial. In Spain, for example, where over 350 British citizens are detained, you can be held for up to four years without trial. There are others who, like Patrick Malluzzo, have been convicted after a grossly unfair trial. While the FCO can play a vital welfare and support role for UK citizens detained abroad, it is clear from Mr Bryant's comments that there is a limit to the help they can provide. Since FTI was established in the 1990s we have filled this gap, helping hundreds of people to defend their right to a fair trial outside their own country and securing the release of victims of miscarriages of justice across the globe. For information on how to support out work, click here Support us
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