Newsletter March, 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
News: Britons Imprisoned in Hungary Return Home Without ChargeTwo business partners, Michael Turner and Jason McGoldrick were released from a high security Hungarian prison on February 26 , 2010 without charge. They returned home to their families in the UK on this month, but have been asked to return to Hungary in April. Michael and Jason were extradited to Hungary under a European Arrest Warrant (EAW) in November 2009 following the failure of a business venture in the country in 2005. Despite Hungarian authorities being fully aware of their whereabouts in the UK, no attempt was made to contact them in relation to the failed business. Instead, years later an EAW was issued and they were extradited in 2009 and detained for months in a Budapest jail. No charges were brought against them. This case involves a grave misuse of the EAW. These two men were needlessly torn from their families for the purposes of an investigation even though no decision had been made to prosecute them for any offence. Read more about Michael's case here Read about other cases of injustice involving the European Arrest Warrant Case: Long Awaited Trial Date Set for Andrew SymeouAfter eight months in jail, Andrew Symeou has been told the Greek authorities have finally set the 4th June 2010 as his trial date. Andrew (21 years old) from North London was extradited to Greece in July last year under a European Arrest Warrant and, despite serious flaws in the case against him, the British courts refused to prevent his extradition. Andrew was holidaying in Zante, Greece with friends when another British man, Jonathan Hiles, fell off an unguarded stage platform at a night club and tragically died of head injuries. Andrew is accused of having struck Mr Hiles causing him to fall, despite witnesses claiming he did not arrive until three hours after the incident. In addition, two of Andrew’s friends that were interviewed by Greek police have reported that they were subject to severe police brutality and immediately retracted their statements following their release. Andrew has been denied bail on two separate occasions on the grounds that he is not a Greek resident. He is currently being held in Korydallos prison, a maximum security facility, previously described by Amnesty as the worst prison in Europe. Read more about Andrew's case here Read about other cases of injustice involving the European Arrest Warrant Campaign: FTI Pushes for EU Law Giving Suspects Information on RightsThis month FTI submitted evidence to the European Commission illustrating the urgent need for binding EU legislation to ensure all suspects receive timely information about their rights and the charges against them. Compelling evidence from FTI’s casework, suggests that suspects are not routinely informed of their rights at the early stages of proceedings. This makes the rights suspects they have in principle, illusory in practice and is likely to result in serious damage to their fair trial rights. In the submission FTI argues for: information to be given at the earliest stage after contact with prosecution authorities; clarity and simplicity of information; appropriate translations; and adequate remedies for failures to provide information. Unless the EU acts quickly to address this issue, it could lose citizens’ confidence in its ability to uphold the core principles of justice and fairness on which the Union is founded. Read FTI's full submission here Research: FTI Develops Tools for Consular Officials Attending TrialsIn December 2009 FTI published a detailed report comparing the policies and practices of American, Australian, British, Dutch and German Ministries of Foreign Affairs on consular assistance and trail attendance. The research highlighted the challenges faced by consular officials attending trials, including the fact that, in most countries, officials receive only limited training on fair trial rights. FTI is delighted to announce that, during the course of 2010, it will work with Ministries of Foreign Affairs to produce a fair trials checklist for use by consular officials attending the trials of their nationals abroad. FTI will also be working with the Ministries to assess what impact the findings and recommendations in it's December report have had on policy and practice. FTI is ideally positioned to carry this vital work, given its expertise in international fair trial standards and extensive knowledge of the barriers to justice facing those charged outside their own country. Read the executive summary and a copy of the full report here News: EU Legislation to Guarantee Right to an InterpreterThis month the European Commission released a new proposal for EU legislation which would guarantee the right to interpretation and translation for all criminal suspects within the EU. FTI has been lobbying the UK and EU legislators for such measures for many years and is now working to ensure the legislation is strong enough to prevent the disadvantage too often suffered by non-national defendants due to language. FTI’s casework demonstrates that interpretation is needed throughout criminal proceedings to ensure people can exercise their rights effectively including: at the police station; at all meetings between the lawyer and the client; in all court proceedings; and in detention. A lack of adequate interpretation and translation facilities during any stage of criminal proceedings is unjust and violates basic human rights. FTI hopes effective EU legislation is passed as a matter of urgency. For more information on the need for this measure, read FTI's submission to the House of Lords here Support us
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