ANNUAL REVIEW 2011-2012
Working for a world where every person’s right to a fair trial is respected, whatever their nationality, wherever they are accused
Front cover (from top-left clockwise) Graham Mitchell Read about Graham’s Portugese extradition ordeal. Interview on pages 6–7. Benny Wenda Read about Benny’s fight to remove a politicallymotivated Interpol red notice from Indonesia. Interview on page 17. Natalia Gorczowska Read how Natalia fought extradition to Poland. Interview on page 11. Muhammad Geloo Read about Muhammad’s five-year ordeal in Saudi Arabia. Interview on pages 26–27. 2 www.FairTrials.net
Credits Photographs: David Thomson Design: Pretty.co.uk Print: Dayfold Registered with limited liability in England and Wales Nº 7135273 Registered charity Nº 1134586
Contents Chair’s Foreword Chief Executive’s Report Direct Assistance Strategic Priorities European Defence Rights Extradition Reform Interpol Pre-Trial Detention Consular Assistance Finance Accounts Networks Who We Are
2 3 6 8 10 12 14 16 18 20 22 26 27
Fair Trials International Annual Review 2012 1
2  www.FairTrials.net
Graham Mitchell Interview
Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3). What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.
What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced? The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’ What do you think helped you the most throughout your ordeal?
something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you? We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s Fair Trials International Annual Review 2012 3
Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).
4  www.FairTrials.net
Graham Mitchell Interview
I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in
the teeth; I was confused and very, very frightened. What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced? The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’ What do you think helped you the most throughout your ordeal?
When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you? We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years. Fair Trials International Annual Review 2012 5
Graham Mitchell Interview
Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3). What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.
6 www.FairTrials.net
What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?
The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’ What do you think helped you the most throughout your ordeal? When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that.
“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.” Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you? We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
Fair Trials International Annual Review 2012 7
Graham Mitchell
Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3). What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.
8 www.FairTrials.net
“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”
What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?
The kids were aware that I You have the language barrier, was leaving with the police, completely different legal so it fell to my wife to break system; it’s something you the news. I know nothing tried my best “I don’t feel that I can about. It’s to reassure difficult to ever travel abroad again speak to them. Both the kids – which is not only unfair people who have varying aware on me, but also unfair on aren’t degrees of about the my family.” learning differences difficulties in cultures, and mental the laws, and health issues. It’s an ongoing things like that. situation with them – they Without Fair Trials see a police car in the road, International, you couldn’t and they visibly stiffen. My cope – no one could – without son is still very worried and your expertise and the often asks ‘will the police take expertise of the legal people you away if they speak to you you recommend. again?’ Do you feel that you are able What do you think helped you to finally put this ordeal the most throughout your behind you? ordeal? We’re obviously elated that When someone gets into the EAW is not hanging over trouble with authorities us, but the mind goes back to abroad, it’s not like getting 1996 when we were told that into trouble in your own it was all over the first time. I country. don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my Fair Trials International Annual Review 2012 9
“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”
What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.
Interview 10 www.FairTrials.net
“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”
What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced? The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties
and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’ What do you think helped you the most throughout your ordeal? When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you? We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years. Fair Trials International Annual Review 2012 11
Graham Mitchell
Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3). What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.
12 www.FairTrials.net
“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”
What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem.
You are a carer to your two stepchildren – how hard it was to tell them what you faced?
visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’
“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.” The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they
What do you think helped you the most throughout your ordeal? When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.
Do you feel that you are able to finally put this ordeal behind you? We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
Fair Trials International Annual Review 2012 13
Graham Mitchell
“”
Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3). What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.
14 www.FairTrials.net
What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced? The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’
What do you think helped you the most throughout your ordeal? When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.
I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.
I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.
Do you feel that you are able to finally put this ordeal behind you? We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
Fair Trials International Annual Review 2012 15
Graham Mitchell
“” Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3). What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.
16 www.FairTrials.net
I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.
Interview
“” What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced? The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’
What do you think helped you the most throughout your ordeal? When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you? We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
Fair Trials International Annual Review 2012 17
Graham Mitchell
“” Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3). What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.
18 www.FairTrials.net
I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.
Interview
“” The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’ What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?
What do you think helped you the most throughout your ordeal? When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you?
We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
Fair Trials International Annual Review 2012 19
Graham Mitchell
“” Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3). What went through your mind when police officers came to your door with a European Arrest Warrant? When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.
20 www.FairTrials.net
I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.
Interview The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’
“”
What do you think helped you the most throughout your ordeal?
What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?
When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you?
We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
Fair Trials International Annual Review 2012 21
Graham Mitchell
“” I don’t feel that I can
ever travel abroad again –
22 www.FairTrials.net
My son is still very worried and often asks ‘will the police take you away if they speak to you again?
“” What sticks in your mind from your original trial? The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem.
You are a carer to your two stepchildren – how hard it was to tell them what you faced? The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’
What do you think helped you the most throughout your ordeal? When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.
told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
Do you feel that you are able to finally put this ordeal behind you? We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were
Fair Trials International Annual Review 2012 23
INTERVIEW
Graham Mitchell
“”
interview
i
I don’t feel that I can
ever travel
abroad again – which is not only unfair on me, but also
unfair on
my family
Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).
24 www.FairTrials.net
My son is still very worried and often asks ‘will the police take you away if they speak to you again?
“” What sticks in your mind from your original trial?
What do you think helped you the most throughout your ordeal?
The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem.
When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.
You are a carer to your two stepchildren – how hard it was to tell them what you faced?
Do you feel that you are able to finally put this ordeal behind you?
The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’
We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
My son is still very worried and often asks ‘will the police take you away if they speak to you again?’
Fair Trials International Annual Review 2012 25
INTERVIEW
Graham Mitchell
“”
interview
I don’t feel that I can
ever travel
abroad again – which is not only unfair on me, but also
unfair on my family
raham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).
26 www.FairTrials.net
I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.
“” What sticks in your mind from your original trial?
What do you think helped you the most throughout your ordeal?
The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem.
When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.
You are a carer to your two stepchildren – how hard it was to tell them what you faced?
Do you feel that you are able to finally put this ordeal behind you?
The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’
We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.
My son is still very worried and often asks ‘will the police take you away if they speak to you again?’
Fair Trials International Annual Review 2012 27
INTERVIEW
Graham Mitchell
28  www.FairTrials.net
I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.
Fair Trials International Annual Review 2012 29
INTERVIEW
Graham Mitchell
30  www.FairTrials.net
I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.
Fair Trials International Annual Review 2012 31
Muhammad Geloo Interview
What do you most remember from your trial in Saudi Arabia?
Can you describe the first thing you did when you got back home?
“I was blindfolded, shackled, and handcuffed from the point at which they removed me from my cell until I arrived at the court room. I remember vividly saying to the judge that the confessions were acquired through torture, but he simply said that as I had confessed I would have to bear the punishment. The hearing took a matter of minutes, and I had no lawyer at all.”
“I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”
What kept you going throughout your detention? “The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”
It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. Muhammad Geloo 32 www.FairTrials.net
How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”
Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.
Fair Trials International Annual Review 2011 33
Muhammad Geloo Interview
Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.
34 www.FairTrials.net
What do you most remember from your trial in Saudi Arabia?
Can you describe the first thing you did when you got back home?
“I was blindfolded, shackled, and handcuffed from the point at which they removed me from my cell until I arrived at the court room. I remember vividly saying to the judge that the confessions were acquired through torture, but he simply said that as I had confessed I would have to bear the punishment. The hearing took a matter of minutes, and I had no lawyer at all.”
“I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”
How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”
What kept you going throughout your detention? “The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”
It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. Muhammad Geloo
Fair Trials International Annual Review 2011  35
Muhammad Geloo Interview
What do you most remember from your trial in Saudi Arabia?
Can you describe the first thing you did when you got back home?
“I was blindfolded, shackled, and handcuffed from the point at which they removed me from my cell until I arrived at the court room. I remember vividly saying to the judge that the confessions were acquired through torture, but he simply said that as I had confessed I would have to bear the punishment. The hearing took a matter of minutes, and I had no lawyer at all.”
“I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”
How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”
36 www.FairTrials.net
What kept you going throughout your detention? “The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”
Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.
It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. Muhammad Geloo
Fair Trials International Annual Review 2011  37
“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“ Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”
“I was blindfolded, shackled, and handcuffed” What kept you going throughout your detention? “The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”
“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“ 38 www.FairTrials.net
How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”
Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.
It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. Muhammad Geloo
Fair Trials International Annual Review 2011  39
“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“ Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”
“I was blindfolded, shackled, and handcuffed” What kept you going throughout your detention? “The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”
“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“ 40 www.FairTrials.net
How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”
Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.
It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. Muhammad Geloo
Fair Trials International Annual Review 2011  41
Muhammad Geloo “I was blindfolded, shackled, and handcuffed”
Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”
“I was blindfolded, shackled, and handcuffed” What kept you going throughout your detention? “The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”
“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“ 42 www.FairTrials.net
How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”
Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.
It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. Muhammad Geloo
Fair Trials International Annual Review 2011  43
Muhammad Geloo “I was blindfolded, shackled, and handcuffed”
Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”
“I was blindfolded, shackled, and handcuffed” What kept you going throughout your detention? “The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”
“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“ 44 www.FairTrials.net
How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”
Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.
It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. Muhammad Geloo
Fair Trials International Annual Review 2011  45
Muhammad Geloo
“” Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”
“I was blindfolded, shackled, and handcuffed” What kept you going throughout your detention? “The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”
46 www.FairTrials.net
How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”
Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.
“I was blindfolded, shackled, and handcuffed”
“”
It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. Muhammad Geloo
Fair Trials International Annual Review 2011 47
Muhammad Geloo Interview
What kept you going throughout your detention?
Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012. What do you most remember from your trial in Saudi Arabia? “I was blindfolded, shackled, and handcuffed from the point at which they removed me from my cell until I arrived at the court room. I remember vividly saying to the judge that the confessions were acquired through torture, but he simply said that as I had confessed I would have to bear the punishment. The hearing took a matter of minutes, and I had no lawyer at all.”
48 www.FairTrials.net
“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.” Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.” How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”
Fair Trials International Annual Review 2011  49
Interpol
Interpol is the largest international policing organisation, with 190 member countries and a budget of approximately €60m. It is best known for issuing red notices: international wanted person alerts published on its electronic network at the request of its members.
Red notices can have a devastating human impact. In some countries, a person with a red notice is automatically arrested, detained and sometimes extradited. This can happen without a proper judicial process or any right of challenge. Threats like these can make it impossible to travel for fear of what will happen at the border. Red notices published on Interpol’s website also destroy reputations. The people subject to them are labelled “international criminals” and often have their bank accounts closed and lose their livelihoods.
50 www.FairTrials.net
Even though some of Interpol’s member countries are known human rights abusers and notoriously corrupt, Interpol has no effective mechanisms to prevent countries, or even individual prosecutors, abusing the red notice system. As a result countries have used red notices, not as a legitimate crime-fighting tool, but to target exiled dissidents, activists and journalists.
In 2012 we met with members of the Commission and with Interpol’s General Secretariat to discuss our concerns. We are very grateful for their willingness to engage with us to help us identify improvements that could be made to insulate Interpol from abuse and give effective recourse to people affected by inappropriate red notices without undermining the organisation’s effectiveness.
People in this situation have no independent court they can turn to for redress. Their only option 7,678 Red Notices were is to appeal to the Commission issued by Interpol in 2011 for the Control of Interpol’s Files, which oversees Interpol’s – a 21% increase from 2010 activities. You have no right to a hearing, no opportunity to respond to allegations against We believe two reforms are you and will be given no reasons needed: (i) better internal for the decision reached. Even controls so that Interpol can if the Commission concludes identify potentially abusive that a red notice is inaccurate or red notice requests before abusive, it can only recommend the information is circulated its removal. across the globe; and (ii) the creation of an independent body, bound by basic rules of due process and transparency, to give affected individuals a chance to challenge red notices.
Case Study Benny Wenda Benny Wenda was given asylum in the UK in 2002 after he fled Indonesia, where he had suffered persecution, death threats and a politically-motivated prosecution due to his peaceful activism for the independence of West Papua from Indonesia. He has continued his campaign in exile. As the profile of Benny’s advocacy has grown, so too have the Indonesian Government’s attempts to undermine him. The country used Interpol to publish a red notice against Benny. The notice related to the same politicallymotivated charges from which Benny had fled over 10 years ago. The red notice meant he was no longer safe to travel to attend campaign meetings and meet other West Papuan refugees. We publicised Benny’s case and made an application to Interpol’s data protection body, the Commission for the Control of Interpol’s files, arguing that his red notice is politically-motivated. Interpol has now recognised that Indonesia has abused Interpol’s systems and the red notice has been removed. Fair Trials International Annual Review 2012 51
Interpol
Interpol is the largest international policing organisation, with 190 member countries and a budget of approximately €60m. It is best known for issuing red notices: international wanted person alerts published on its electronic network at the request of its members.
Red notices can have a devastating human impact. In some countries, a person with a red notice is automatically arrested, detained and sometimes extradited. This can happen without a proper judicial process or any right of challenge. Threats like these can make it impossible to travel for fear of what will happen at the border. Red notices published on Interpol’s website also destroy reputations. The people subject to them are labelled “international criminals” and often have their bank accounts closed and lose their livelihoods.
52 www.FairTrials.net
Even though some of Interpol’s member countries are known human rights abusers and notoriously corrupt, Interpol has no effective mechanisms to prevent countries, or even individual prosecutors, abusing the red notice system. As a result countries have used red notices, not as a legitimate crime-fighting tool, but to target exiled dissidents, activists and journalists.
In 2012 we met with members of the Commission and with Interpol’s General Secretariat to discuss our concerns. We are very grateful for their willingness to engage with us to help us identify improvements that could be made to insulate Interpol from abuse and give effective recourse to people affected by inappropriate red notices without undermining the organisation’s effectiveness.
People in this situation have no independent court they can turn to for redress. Their only option 7,678 Red Notices were is to appeal to the Commission issued by Interpol in 2011 for the Control of Interpol’s Files, which oversees Interpol’s – a 21% increase from 2010 activities. You have no right to a hearing, no opportunity to respond to allegations against We believe two reforms are you and will be given no reasons needed: (i) better internal for the decision reached. Even controls so that Interpol can if the Commission concludes identify potentially abusive that a red notice is inaccurate or red notice requests before abusive, it can only recommend the information is circulated its removal. across the globe; and (ii) the creation of an independent body, bound by basic rules of due process and transparency, to give affected individuals a chance to challenge red notices.
Case Study Benny Wenda Benny Wenda was given asylum in the UK in 2002 after he fled Indonesia, where he had suffered persecution, death threats and a politically-motivated prosecution due to his peaceful activism for the independence of West Papua from Indonesia. He has continued his campaign in exile. As the profile of Benny’s advocacy has grown, so too have the Indonesian Government’s attempts to undermine him. The country used Interpol to publish a red notice against Benny. The notice related to the same politicallymotivated charges from which Benny had fled over 10 years ago. The red notice meant he was no longer safe to travel to attend campaign meetings and meet other West Papuan refugees. We publicised Benny’s case and made an application to Interpol’s data protection body, the Commission for the Control of Interpol’s files, arguing that his red notice is politically-motivated. Interpol has now recognised that Indonesia has abused Interpol’s systems and the red notice has been removed. Fair Trials International Annual Review 2012 53