Newsletter April, 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 to Return to the UKPatrick Malluzzo, a 32 year-old British national, was arrested in 2004 during a back-packing trip in India after 3 bags (one containing cannabis) were found under seats booked under Patrick and his co-accused’s name. Patrick was never on the train where the bags were found and no witnesses have linked Patrick to possession of the bag containing cannabis. Despite this, he has spent six years in Kota jail (Rajasthan) where FTI’s Chief Executive, Jago Russell, visited him in March. After a courageous fight for justice, Patrick has requested a prisoner transfer to the UK. In a statement regarding this decision, Patrick said: “Me and my family have been fighting for justice in India for the last six years – a fight which has taken a serious toll on all of us. After thinking long and hard, I have decided that our fight for justice has reached the end of the road. I want to return to the UK so that I can be close to my family.” Patrick waited over two years for a trial after his arrest in India in 2004 and then over four years for the Rajasthan High Court to hear his appeal. His trial was a travesty of justice: he had poor legal representation, could not understand the proceedings and was given no opportunity to give evidence or call witnesses. Despite compelling grounds to fight his conviction, it could take over two years for the Indian Supreme Court to hear the appeal. Patrick has said: “We do not think we could continue the fight in the Supreme Court and live through another two years of this ordeal while that goes on.” Patrick can only come home if he relinquishes his rights of appeal and he will have to serve some of his remaining sentence in a UK jail. For anyone who has followed Patrick’s case, the injustice of this is painfully clear. At the same time, it is easy to understand the difficult decision this young man has made given what he and his family have been through over the last six years. FTI is now fighting to have Patrick back in the UK as soon as possible. Read more about Patrick’s case here Case: ECHR Refuses to Stop Garry Mann's Unjust Extradition to PortugalThe European Court of Human Rights has refused to use its exceptional powers to protect Garry Mann from extradition to Portugal under a European Arrest Warrant. As a result, Garry will be extradited within the next few days if a final challenge in the UK courts fails. On hearing of the decision, Garry said: “The Portuguese and the British Crown Prosecution Service should not be embarrassed but ashamed of their actions ... Whichever party gets into office they have to review the European Arrest Warrant. Too late for me and my family but maybe hope for the next English citizen faced by this nightmare.” Garry is wanted to serve a 2 year sentence imposed following a trial in Portugal in 2004 previously described by a British court as “so unfair as to be incompatible with Garry’s right to a fair trial.” A British police officer who was present at the trial has described it as a “farce.” Garry has no right to appeal his conviction or sentence in Portugal. He would leave behind 6 children in the UK. In the most recent hearing in the UK, challenging Garry’s extradition, Lord Justice Moses called Garry’s case “an embarrassment” to both Portugal and the UK and stated he “cannot believe that anyone wants to see this man go to jail.” Despite sustained criticism of Garry’s treatment, UK courts have failed to protect him from extradition and to consider material evidence that his extradition would amount to a flagrant denial of his right to a fair trial. In light of this, emergency applications were filed at the ECHR in March to request a stay of extradition until the Strasbourg Court has had a chance to fully examine the legality of his treatment by British and Portuguese courts. The Court’s refusal to do so means that his fair trial violations could go without redress. Read more about Garry’s case here Campaign: Commons Justice Committee Calls for Improvements to Arrest Warrant and EU Defence RightsEarlier this month, the cross-party House of Commons Justice Select Committee, published its report “Justice Issues in Europe”. The report followed an inquiry lasting 12 months during which Fair Trials International gave written and oral evidence and provided materials from its own cases demonstrating the need for reform of the European Arrest Warrant and for EU cooperation to improve respect for defence rights. Drawing on FTI’s evidence, the report concludes that successful use of the European Arrest Warrant had “been overshadowed by perceived injustices in individual cases”. Welcoming steps being taken to address the disproportionate use of the Warrant (over 13,500 were issued in 2008 alone), the Committee concluded that delay in reforming instruments like the Arrest Warrant could “undermine the mutual trust approach” in Europe. It also considered that: “If the European Evidence Warrant is revised or replaced, lessons should be learned from the operation of the European Arrest Warrant by incorporating safeguards into the legislation to minimise the potential for disproportionate use.” The report also welcomed the European Union’s ''Roadmap'' towards enforceable guarantees of procedural defence rights but expressed fear of potential setbacks ahead, particularly regarding measures giving suspects and defendants the right to immediate legal advice, funded by legal aid where necessary. It concluded “As the number of European arrest warrants is predicted to rise, there is a real risk that many more citizens will experience the dire consequences of the lack of adequate safeguards afforded to them when they find themselves caught up in European judicial processes.” Read more about FTI’s Justice in Europe campaign here
News: Join FTI's TeamFTI is currently looking for two important members to join its team: • Fundraising Manager: FTI is looking for an experienced fundraiser to become a key part of its small staff team at a crucial point in the charity’s development. Working closely with the Chief Executive, the Fundraising Manager will be responsible for the implementation of FTI’s fundraising strategy and will contribute to future strategy reviews to deliver sustainable long-term funding. The deadline for applications is 4th May. • Legal Intern: FTI is looking for a legal intern to start this summer. In this exciting position, the Intern will support the casework team in managing all the initial requests for assistance from the public and conduct ad hoc legal research and contribute more generally to the work of both the casework and policy teams. The deadline for applications is 10th May. Read more about these exciting positions here News: Nelly Low Runs the London Marathon for FTIFTI is delighted to announce that Nelly Low completed this year’s London Marathon, raising over £1,600 for Fair Trials International. Nelly has said: “My first ever marathon was an awesome experience, full of fun, jelly babies, sweat and pain! The fact that FTI is a fantastic charity supporting those in extremely difficult circumstances and that I'd had a lot of donations for FTI helped to spur me on to the finish.” Nelly was motivated to support FTI after we helped in her friend’s case: “I was horrified to hear of the injustices that my friend was suffering. Fortunately FTI were able to find a fantastic lawyer ... to argue his case and explain the law of that country, which is certainly different to that in the UK. He is now back in the UK, getting on with life.” Nelly set herself the target of raising £2000 to help fund FTI’s work: “I am continuing my fundraising and letting friends, family and colleagues know that although the marathon is over for me, donations can still be made. If FTI supporters could contribute that would be amazing.” As a small charity, funds generated through events like these make a huge difference to FTI's ability to continue defending the rights of people facing charges in a country other than their own. We are extremely grateful for Nelly’s support. Sponsor Nelly by visiting her Justgiving page Read about how to organise a fundraiser of your own
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