Anita Winsome, WHLS Editorial team interviewed Michael Polak, the Director of Justice Abroad

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Anita Winsome, WHLS Editorial team interviewed Michael Polak, the Director of Justice Abroad

Could you tell us a bit more about Justice Abroad, what kind of services does it offer?

Justice Abroad provides assistance to victims and the families of victims of crime abroad and assists anyone facing legal problems overseas. We work directly with both lawyers around the world, with whom we have a good relationship, as well as those in the United Kingdom who require our expertise to protect their clients’ rights.

The assistance we provide is wide ranging and has involved the co-ordination of the legal and publicity teams in some of the most high-profile international cases such as the Ayia Napa Rape Case, the Beijing Olympics Protest cases in Greece, and the David Hunter mercy killing case. It can also involve the compilation of evidence and the reporting of international crimes to the relevant authorities around the world (as was the case in the Caribbean kidnap case which we are assisting) as well as helping to investigate suspicious deaths in a number of countries abroad. Justice Abroad does not solely act in relation to matters with criminal elements but we also assist in other areas. For example, we are coordinating the probate for an Irish family of a man who passed away in Thailand, a case which presented its own unique challenges, and we are involved in an international family case seeking to ensure that the mother has a fair hearing.

Having someone with a wide view of a client’s problems, who is able to liaise with local lawyers, explain the progress of the case to the client, raise the matter with their diplomatic representatives when they can assist, and deal with any media angle to the case allows the client to be comforted that their side of the story is being advanced in the strongest way possible. We are also able to recommend trusted lawyers in almost every country in the world, with whom we work, as well as provide essential translation and other expert evidences e.g., from psychiatrists and pathologists.

What is the inspiration behind Justice Abroad?

The inspiration behind Justice Abroad was to seek to ensure that those in trouble overseas received the highest possible representation in line with the standards one would expect if they went to a law firm within our jurisdiction, and to work with law firms from our jurisdiction to ensure that their clients are properly represented when something goes wrong overseas. This often falls outside the comfort zone of those who act solely domestically. An example of this was a case of a very highprofile individual who got in trouble in the Mediterranean where there were allegations of Police malfeasance, and the huge organisation to which he belonged managed to allow his defence to be conducted, until we got involved, by the wife of the local police chief. We can really add value to law firms’ representation of their clients abroad by ensuring that this does not happen and can even attend hearings for them and assist with the strategy to be used in court and the witnesses to be called.

Having studied a Master’s degree in Public International Law at the London School of Economics in my first few years of practise as a barrister and writing my dissertation on foreigners’ right to access to their Counsel and the corresponding rights of states to access their nationals abroad when they are detained and the potential remedies when this right has been breached [https://link.springer.com/article/10.1007/s40901-018-0077-8], and having already by that stage worked across four continents and thus having a fairly decent view as to how things operate overseas, I felt like I was in a good position to offer this service where there was a clear gap in the market.

I was able to gain international experience working on the heartbreaking case of the barrister Ahmad Bin Quasem, Arman to his friends, who was unlawfully seized by the Bangladeshi Security Forces in 2016 and disappeared by the regime there. During this case I worked closely with a number of embassies, conducted press work to gain interest in Arman’s plight, and made applications to UN bodies. Sadly, Arman has not been returned to his wife and two daughters. However, a recent report by Netra News, an investigative Bangladeshi news website, which reported that high-profile detainees are being kept in a supersecret internal detention and torture facility known colloquially as the ‘house of horrors’ has given Arman’s family some hope that they will see him again.

Following this I asked to assist in the Ayia Napa Rape Case which quickly became the most reported legal case in the world. My work in this case involved co-ordinating the legal teams, arranging for expert evidence to be produced for the Court, dealing with numerous press enquiries and interviews, and ensuring that the teenager and her family were kept updated as to what was taking place. The teenager was convicted of Public Nuisance by the District Court after proceedings, which can only be described as atrocious from a fair trials’ perspective, and then appeal submission were put together drawing on both international and common law fair trial provisions, and the case came before the Supreme Court. It was one of the highlights of my career to be there when her unjust conviction was overturned by the Court, and to then give a statement outside Court amongst a large number of local and international women’s rights activists who were there to support her. We have now taken the case in relation to failure to investigate the rape properly to the European Court of Human Rights and a decision there is currently pending.

We now have cases in every continent, bar Antarctica, in almost every area of law.

What types of challenges does Justice Abroad face when offering support?

There are many challenges to assisting clients with their cases abroad. These will vary depending on the jurisdiction. We undertake a lot of work for individuals and groups who are being subject to the most brutal repression by the Chinese Communist Party. This includes Uyghurs who are being placed in concentration camps (menacingly known as ‘re-education camps’ by the CCP regime) or subject to arbitrary lengthy ‘sentences’ after being required to choose which offence they are guilty of. They are being detained solely because of their religion and ethnicity. Unlike Vietnam, who at least engaged in the UN processes when we brought a case against them on behalf of the Vietnamese-Australian pensioner Chao Van Kham, the Chinese state refuses to respond to the United Nations bodies when they order China to reveal the whereabouts of individuals or their release after considering that a flagrant breach of international law has taken place. It is very frustrating that they refuse to engage with the proper international legal procedures.

We are currently bringing the perpetrators of the crimes of genocide, and crimes against humanity before the Courts of Argentina under their universal jurisdiction provisions. We are also carrying out activities to seek to ensure that the West does not continue to treat the relationship with China as business as usual whilst they carry out these international crimes against the most vulnerable in their country.

Obtaining funding for the representation of clients abroad can also be frustrating. Legal aid is not available for those who get caught up in trouble overseas, even when they are facing the most severe penalties, and legal representation abroad can be much more expensive than the same at home. Therefore, families are often left to fundraise for the representation of their loved ones, which can succeed but does not always do so.

You have had a very interesting and varied career journey, what inspired you into the legal profession and your area of expertise?

I left school early to pursue a career in football which did not work out. I then worked in numerous roles such as sales, teaching English as a foreign language, bartending, and security. When I decided that I wanted to pursue further education I went to a college open day as I needed to complete an Access course to enter university. The two courses being offered were business or law routes and there was space on the law route.

When I began my studies at university, I had the aim to join a city law firm and work in corporate law as a solicitor but as I went through my studies, I decided that the Bar was more the place for me.

My general outlook was already fairly international having lived in Australia, Poland, and Italy by that stage, and by the time it came for me to pursue the work experience needed to gain pupillage I decided to undertake this experience in South Africa with a women’s human rights group, and then to spend time at the Khmer Rouge Tribunal where I was posted as an intern with the Defence Support Section. After completing my Master’s degree, I started off taking some international cases on a pro bono basis and now international work makes up around half of my practice.

Private prosecution is a very unique and niche area of expertise, what excites you most about it?

In my domestic work, which often flows from the international cases I take on, I now undertake a number of private prosecution cases, both for individuals and local authorities. This can be for anything ranging from assault to the largest ever prosecution for unlawful eviction.

What excites me about private prosecutions is the ability to obtain justice for those who have been failed by the system and to bring to account those who think that they have escaped responsibility for their actions because of their wealth or influence. Given the huge cuts to Policing and the prosecution of crime in our jurisdiction private prosecution forms a vital safeguard for justice.

Private prosecutions also ties in with my work in relation to assisting the victims of sexual assaults where the stretched Police often do not consider the evidence and potential offences properly, thus denying individuals the opportunity to obtain justice if it wasn’t for their ability to prosecute themselves.

Although there have been limitations placed on private prosecution concerning international crimes by previous Governments, such as the requirement for AG consent for some offences, private prosecutions and investigations still give the opportunity to seek justice for individuals and groups, when international crimes take place in countries where there are no proper and objective court system.

Private prosecution allows you to be in control of a case, you do not have to rely on anyone else delaying, or not playing, their part. I find it particularly rewarding as justice is achieved a lot quicker and in a smoother fashion.

Throughout your career journey is there any case that particularly stands out or that you would describe memorable, why?

I defended a Turkish Gulenist who escaped from Turkey because he was tortured by the government there. He made his way to the United Kingdom on a small boat across the channel. He took over the steering of the vessel when the conditions became precarious as he was an amateur boater and was prosecuted for facilitating unlawful entry. He had been a big businessman in Turkey, with an engineering company that had a turnover of many millions of dollars and employed a large number of staff. He lived in an expensive area of Ankara with his wife and children and supported a number of underprivileged young people through education as a key tenet of his father. He had everything going for him, but then he was targeted in the purges and spent time in prison. Then he was released pending a further prosecution for some spurious offence. His brother was kept in prison and tortured, and he made the decision that he had to get him and his family out of Turkey.

I think the jury may have been surprised to hear of a refugee who came from a background that was so well off given the portrayal of refugees in the mainstream media.

After all he had gone through, I think it would have been devastating for him to be found guilty and branded a criminal. I made a speech about the martyr John Bradford and his phrase ‘There but for the grace of God goes John Bradford’. Thankfully they acquitted my client, and he is bound to establish himself as a very successful member of our society away from the repression in his home country.

What tips or advice would you like to offer those who are interested in pursuing a career in private prosecutions or international legal assistance?

For international matter it is obviously important to know about what is happening in the world. Keeping abreast with current affairs by reading the newspaper and listening to or watching international news sources such as the BBC or Al Jazeera will help in this regard.

It is also always a good idea to learn as much as you can about different legal systems so that one has the basic knowledge in relation to how a case will be run, how to submit evidence, and the rules in relation to hearsay and experts.

For private prosecutions a good knowledge of the numerous criminal offences is essential to be able to advise on the most appropriate charge to pursue as well as to what evidence and experts may assist in the prosecution. This all comes through experience and defending in criminal cases will assist in gaining this knowledge.

What achievements are you most proud of and why?

I was very proud of the eventual decision in the Cyprus Rape Case by the Supreme Court of Cyprus to overturn the conviction of the teenager. In this case a number of lawyers had told

me that we had no chance at appeal. However, our team put forward the strongest submissions. This case meant a lot, not just to the family, but also to people around the world who were supporting her. I have no doubt that we will be successful in the European Court of Human Rights in regard to Cyprus’s continuing failure to properly investigate the rape allegations.

What are your interests outside law and the legal profession?

My key interests are spearfishing and playing football. Spearfishing is one of my more calming pursuits; work clears from ones’ mind when you are lying on the bottom of the ocean trying to stay as still as possible with the hope that a fish may swim past. I still play football; in fact, I pursued a professional career in football until a shoulder injury put an end to that dream. I also enjoy swimming especially in the wild and taught swimming whilst studying the Bar course and my undergraduate degree to get me through.

Although I no longer shake cocktails for a living, I do still make them for fun and often run classes for friend’s bachelor parties or special occasions.

When you joined the legal profession, what unforgettable piece of advice did you receive, that you would like to pass on to those joining the legal profession?

During my undergraduate studies, I was taught by a man named Dr Omer Elegab who was a well-known scholar of international law and advised in relation to the Lockerbie Bombing prosecution. His enthusiasm rubbed off on me and he inspired me and my interest in this area. I dedicated the publication of my dissertation by the Indian Journal of Public International Law to him.

The advice I give when I speak to students or pupil barristers is that the law, much like life, is like a choose your own adventure book (books that were popular when I was younger which are written from a second-person point of view, with the reader assuming the role of the protagonist and making choices that determine the main character's actions and the plot's outcome).

In that it doesn’t matter what area of law one starts out in; you can move towards the cases and areas that inspire you and then your adventure in law is driven by your ambition to go for the type of work about which you are passionate. To do this, individuals can write about new areas, do pro bono work in those areas, and reach out to established practitioners in those areas. The law covers such a wide range of areas and situations and it really is exciting to know that one has a significant degree over ones’ destiny.

Michael Polak

Michael Polak

Director of Justice Abroad