Annual Review
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
Contents Chair’s Foreword Chief Executive’s Report Networks Casework Justice in Europe Campaign Consular Assistance Accounts Finance Fundraising Who We Are 2 www.FairTrials.net
2 4 6 9 12 15 16 19 20 21
Credits
Imagine that you are arrested in a foreign country. You don’t speak the language, you have no idea of your rights and you are imprisoned far from home. Fair Trials International (FTI) is the only charity that helps people in this terrifying predicament to defend their right to a fair trial. FTI has helped secure the release of victims of miscarriages of justice across the globe.
Photographs: Natasha Cheek Design: Pretty.co.uk Print: Dayfold Registered with limited liability in England and Wales Nº 7135273 Registered charity Nº 1134586 Fair Trials International Annual Review 1
Chair’s Foreword
Over the past year, FTI has taken significant steps forward in its mission towards a world where every person has the right to a fair trial, whatever their nationality, wherever they are accused. The challenge is enormous but, as this Review demonstrates, FTI is having a real impact in its campaign for the reforms needed to guarantee this fundamental human right. It is also making a huge difference to the lives of vulnerable people facing an uncertain future far from home. Casework Throughout this Review are the stories of a few of the hundreds of people FTI has helped over the last year. For some, like Michael Shields and Mohammed Hussein (p 11), 2009 saw the end of a long legal battle. With FTI’s support, both were finally pardoned and released from prison. For others, like Patrick Malluzzo (p 6), the long fight for justice continues. The case of Serena Wylde (opposite) stands out for me as an example of just how easy it is to get caught up in a nightmare situation. For anyone thinking “this could not happen to me”, her story provides a wake-up call.
2
www.FairTrials.net
Consular Support There have also been important developments outside of FTI’s core casework function. For example, in December last year, I was honoured to chair a meeting of the American, Australian, British, Dutch and German ministries of foreign affairs to discuss the assistance governments provide to their citizens arrested abroad. The meeting marked the launch of a major research report by FTI into this important, but previously little-studied public service. I would like to thank the five countries involved for engaging so constructively in this project.
“No expressions of gratitude can express what FTI did for me in terms of bringing my story out into the open and restoring my sense of peace and balance.” Serena Wylde
Trustees During the year we said farewell to three long-standing Trustees: Belinda Harding JP, Edward Hutson and Hans Warendorf. We are deeply grateful to them all for their contribution to the charity over many years and wish them well for the future. We are also pleased to announce the appointment of four new Trustees: Anand Doobay, Jane Howard, Conrad Levy and Professor Jon Silverman. They have already made a significant contribution, for which I thank them. Suppporters The achievements outlined in this Review were only possible thanks to those individuals and organisations that have supported FTI’s work over the past year. On behalf of FTI, I would like to thank them all. In particular, I would like to express our gratitude to Mr and Mrs Warendorf and Mr and Mrs Holinger. Without their generous support over many years, FTI would not have been able to develop into the effective and professional charity it is today. Our challenge now is to ensure FTI’s longterm financial sustainability so that it can continue its vital work long into the future. Peter Lipscomb OBE Chair
Case Study Serena Wylde Serena is charged with aggravated criminal defamation in Portugal after making a complaint against a lawyer to the profession’s regulatory body. The offence carries a prison sentence of over 6 months. Serena wrote a confidential letter to the regulator calling for action to be taken against a lawyer who had acted in a property dispute with her neighbour. Instead of investigating the complaint, the regulatory body forwarded the letter to the prosecutor’s office which began criminal proceedings. FTI has highlighted Serena’s case, resulting in an intervention from the former Justice Secretary, Rt Hon. Jack Straw MP. We hope that this persuades Portugal to drop these unfounded charges. If the prosecution proceeds, FTI will challenge Portugal’s violation of Serena’s right to free speech in the European Court of Human Rights. Read more at: fairtrials.net/cases/ spotlight/serena_wylde
Fair Trials International Annual Review 2010 3
Chief Executive’s Report
I am sometimes asked why Fair Trials International focuses on people facing charges outside their own country. After all, everyone has the right to a fair trial, wherever they are in the world. But if you are arrested in a foreign country where you don’t speak the language, have no idea of your rights and are hundreds or thousands of miles from home, the odds are stacked against you. For people in this terrifying predicament the risk of miscarriages of justice is enormous. Casework In March 2010, I travelled to India to visit Patrick Malluzzo (p 6) who has now spent six years in Kota jail (Rajasthan) after a grossly unfair trial. I was already keenly aware of the injustice of his case, but what really struck me while in India were the enormous barriers to justice confronting someone like Patrick. If, like him, you are embroiled in a legal system that is completely alien, how do you begin to defend yourself, especially if you don’t even speak the language of the court? How do you know how to find a lawyer you can trust or whom you should tell if you’ve been tortured by the police? Without FTI there would be nobody to help people like Patrick facing these kinds of challenges. Sadly, he may never get justice in the Indian courts but I am hopeful that FTI will soon be able to get him back to the UK. British businessman Stuart Paver and his friends and colleagues in India have shown great generosity in supporting 4
www.FairTrials.net
FTI’s work for Patrick. They have helped us to open doors, build contacts with excellent lawyers and get answers to many of the questions that had troubled Patrick and his family for so long. Thank you.
“FTI’s Young Defenders Network is building a community of lawyers across Europe whose eyes have been opened to the secrets of international law and who have the tools to fight for fair trials.” Avv Paolo Iorio (FTI Patron) Legal Networks FTI’s links with lawyers all over the world are crucial. Take, for example, the case of Deborah Dark (p 8), wanted by France for a twenty year old conviction she knew nothing about. Without access to first-rate lawyers in Spain, the United Kingdom and France (all members of FTI’s Legal Experts Advisory Panel (p 6)), Deborah would certainly have been extradited to France. We are continuing to build on these links through initiatives like our Young Defenders Network (p 6). I would like to express our gratitude to all those who worked with us over the last year to defend our clients’ fair trial rights.
Campaigns FTI’s cases provide a unique insight into how the right to a fair trial, guaranteed in international law, is being denied in practice. Time and again, FTI is contacted by people imprisoned for months or years before their trial even starts, people who have been denied access to effective legal assistance or translation. In 2009 the charity took big steps forward in using this knowledge to campaign for reform. Thanks to the pro bono support of Freshfields Bruckhaus Deringer, FTI now has a database enabling it to collate and analyse the fair trials abuses reported by people arrested in countries all over the world.
“As a former Vice-President of the International Commission of Jurists, I am only too aware of the problems that people face if they are on trial in a foreign country. Fair Trials International plays a vital role in helping people facing these problems in countries around the world.” Lord Goodhart QC (FTI Patron) While many human rights charities have dropped support of individuals in favour of high-level political lobbying, casework remains at the heart of FTI’s
work and helps to present policy-makers with compelling human evidence of the need for reform. The effectiveness of this approach is already clear. In the summer of 2009, FTI launched its ‘Justice in Europe’ campaign (p 12), aiming for a fairer system of extradition and binding guarantees of basic defence rights across Europe. Working with clients like Deborah Dark (p 8), Andrew Symeou (p 15) and Garry Mann (p 13) FTI has made major progress. The UK Government has promised a review of the UK’s extraditon laws (including its arrangements with the rest of Europe) and the first in a series of measures to guarantee basic defence rights across the EU has now become law. Staff Over the last year FTI has increased the size of its small staff team so it can do more to support people like those discussed in this Review and to campaign for fair trial rights. I would like to thank all of my colleagues for their enormous dedication to FTI’s work. I would also like to thank those who have moved on over the last year (Amanda Cumberland, Katerina Mantouvalou, Lee Savage, Gavin Sullivan and Thomas Tyler) and, especially, Sabine Zanker for eight years’ tireless commitment to FTI and its clients. Jago Russell Chief Executive Fair Trials International Fair Trials International Annual Review 2010 5
Networks
All too often, Fair Trials International is contacted by people in desperate need of legal representation. If you are a foreigner without local contacts, ignorant of the legal system and with limited resources, finding a good defence lawyer can be hard. For well over a decade, FTI has worked with lawyers across the globe to defend its clients’ rights in local courts. The network of lawyers FTI has developed is one of its greatest assets. In the last two years FTI has developed two new networks.
Case Study Patrick Malluzzo
Legal Experts Panel The Legal Experts Advisory Panel now includes over 30 experts in criminal justice and fundamental rights from across the European Union. Over the last year, the Panel met three times, in London and The Hague, helping to shape FTI’s work and ensuring a truly pan-European reach and perspective.
Despite compelling evidence that the bag did not belong to him and, even though he was hundreds of miles away when it was seized, Patrick was arrested. He was held in secret detention for several weeks during which time he has reported how he was tortured by Indian police and forced to make a televised confession. Patrick was then sentenced to ten years’ imprisonment in July 2007 after a grossly unfair trial.
Young Defenders Network Through its European Young Defenders Network, FTI is building a community of defence lawyers across Europe, committed to securing fair trials in the communities where they practise. In June 2009, for example, FTI hosted a week-long residential training course at Nottingham University. It was attended by 70 young human rights defenders from 19 different European countries. FTI would like to thank the dozens of lawyers across the globe who have supported its work. We would also like to thank the UK legal community for their support, including: 3 Raymond Buildings, 18 Red Lion Court, 25 Bedford Row, Allen & Overy, Arnold Porter, Clifford Chance, Doughty Street, Edwards Angell Palmer & Dodge, Essex Court, Freshfields Bruckhaus Deringer, Garden Court Chambers, Garden Court North, Great James’ Street Chambers, Hallinans, Herbert Smith, Hickman Rose, Hogan Lovells, Kaim Todner, Leigh Day, Lewis Nedas, Matrix Chambers, Oury Clark and Tooks Chambers. 6
www.FairTrials.net
(Patrick’s parents pictured)
“We miss our larger than life son so much. Without FTI we don’t know whether we could have continued this long fight for justice.” Salvatore and Teresa Malluzzo
In October 2003, 26 year old, Patrick Malluzzo went to India on a backpacking trip. Two months later Indian police found cannabis in a bag on a train in Rajasthan.
In early 2010, after over six years in Kota jail, the Indian courts finally heard Patrick’s appeal. Tragically, this was rejected. FTI visited Patrick in March 2010. As an appeal to India’s Supreme Court could take over two years, Patrick has applied to return to the UK to finish his sentence here. FTI hopes to have him home soon. Read more at: fairtrials.net/cases/ spotlight/patrick_malluzzo Fair Trials International Annual Review 2010 7
Casework
Case Study Deborah Dark Deborah was arrested in France in 1989. After months in prison she was cleared and returned home to her young daughter. Without notifying Deborah or her lawyer, the prosecution appealed and, in 1990, a French court sentenced her to six years. Deborah knew nothing about this until eighteen years later when she was arrested in Spain during a family holiday. France had issued a European Arrest Warrant against her. FTI helped Deborah find a lawyer to persuade the Spanish courts it would be unjust to extradite her. Sadly, on her arrival back in the UK, she was arrested again. The British courts also refused the extradition in April 2009, but it was not until May 2010 that the French finally agreed to remove the Warrant, after sustained pressure from FTI. Only now can Deborah leave the UK without fear of being re-arrested.
Imagine that you are arrested in a foreign country where you don’t speak the language, have no idea of your rights and are hundreds or thousands of miles from home. Since Fair Trial International’s first case in 1992, people in this terrifying predicament have turned to the charity for help. The last year was no exception. FTI provided advice, information and referrals to hundreds of people in prisons all over the world. Many of those who contacted FTI had been imprisoned for months or even years awaiting trial, had reported brutal mistreatment and had been denied access to a lawyer or an interpreter. In 2009 FTI increased the size of its casework team so that it can respond more quickly to the increasing volume of requests for assistance. In addition to its legally-qualified Chief Executive, the charity now has two full-time Legal Caseworkers and two fulltime Casework Interns. FTI is also fortunate to have the support of a growing number of lawyers who attend FTI’s weekly casework clinic and who give freely of their time and expertise to assist with individual cases. FTI could not do its work without them.
FTI’s increased resources have also enabled it to become more actively involved in fighting the most serious cases of injustice: where there is compelling evidence of a miscarriage of justice, where fundamental fair trial rights have been denied and where particularly vulnerable people are involved. FTI is currently assisting in about 70 such cases. In these cases, FTI works closely with local lawyers to defend basic rights in domestic courts. It makes pardon applications, intervenes in local and regional courts, challenges rights violations in international courts and exerts public and political pressure for justice at home and abroad.
“Without FTI I wouldn’t be here now. I would be in jail in France. I wouldn’t be able to look after my grandchildren and watch them grow up.” Deborah Dark Throughout this Annual Review, you will see the pictures and read the stories of some of the people that FTI has helped over the last year. Casework remains at the heart of all of FTI’s work.
Read more at: fairtrials.net/cases/ spotlight/deborah_dark 8
www.FairTrials.net
Fair Trials International Annual Review 2010 9
Casework
Edmond Arapi Edmond Arapi was tried and convicted in his absence of killing an Italian man in Genoa (Italy) in October 2004 and sentenced to 16 years’ imprisonment. But Edmond had no idea that he was wanted for a crime or that the trial had taken place. In fact, he hadn’t left the UK between the years of 2000 and 2006 and, on the day the murder was committed, he was at work at a café in Staffordshire.
“To be tried fairly is important when you are tried at home. It is far more important when you are faced with a trial in a jurisdiction which is foreign to you. Fair Trials International is to be congratulated and supported in its efforts.” The Rt Hon. Lord Woolf, Lord Chief Justice of England and Wales 2000–2005 Edmond was arrested in June 2009 at Gatwick Airport, on a European Arrest Warrant (EAW) from Italy, on his way back from a family holiday. It was the first he ever knew of the charges against him. FTI worked to prevent Edmond’s extradition and in June 2010, Italian authorities dropped the EAW against him, admitting they had been pursuing the wrong man. 10
www.FairTrials.net
Francisco Juan Larrañaga In 1999 Francisco Juan Larrañaga, a Spanish citizen, was convicted of the kidnap, rape and murder of two young women in Cebu City (the Philippines) despite fourteen witnesses testifying that he was on a different island, 500km away, when the crimes were committed. He was sentenced to death in 2004, later commuted to life imprisonment. FTI has worked on Francisco’s case since 2004 and took his case to the United Nations Human Rights Committee. The Committee concluded that Francisco’s trial had violated his right not to be arbitrarily deprived of his life and that his sentence constituted cruel and inhuman treatment. The Committee also concluded that the trial violated the most fundamental fair trial standards including the right to be presumed innocent until proven guilty, the right to present and examine witnesses, the right to adequate time to prepare a defence, the right to effective defence counsel and to equality of arms. In 2009, Francisco was transferred to a prison in Madrid, after a prison transfer treaty was agreed between Spain and the Philippines.
Mohammed Hussein After fleeing Iraq in the 1990s Mohammed Hussein returned to the country in 2007 out of fear for the welfare of his elderly mother. Not long after his arrival, a battle broke out in the village where his family was staying during which Mohammed’s mother and sister were killed.
“Without FTI, there would be no rescue for the innocent abroad, trapped in a Kafkaesque nightmare. I am delighted at how the organisation has continued to develop and have great hopes for the future.” Stephen Jakobi OBE (FTI’s Founder Patron) Mohammed contacted the British army to report the violence and ask for help. Despite this, Mohammed was arrested along with hundreds of other young men and charged with being a member of an Iraqi Shia cult. Mohammed has reported how he was tortured and forced to sign ‘confessions’ while a loaded gun was held to his head. In 2007, after a 10 minute trial, he was convicted and sentenced to 15 years’ imprisonment. In April 2009, with FTI’s support, an Iraqi appeal court granted Mohammed a pardon and released him. A month later, after 27 months in an Iraqi jail, he returned home to his family in the UK.
Michael Shields Michael Shields was 18 years old when he travelled to Turkey to watch Liverpool FC play in the Champions League final in 2005. On the way back he stopped in Bulgaria. During his stay, a local man was viciously attacked in an incident involving English football fans. Michael was sentenced to 15 years’ imprisonment after a grossly unfair trial. The court relied on seriously flawed evidence, refused to consider the fact that another person had confessed to the crime and took no account of Michael’s alibi. After the Bulgarian courts refused to overturn the conviction and the Bulgarian President refused to grant a pardon, Michael was transferred to a UK prison.
“That excellent charity Fair Trials International has long campaigned for Shields’s release and it has a number of similar cases on its books.” Duncan Campbell, The Guardian, 9 Sept 2009 FTI then supported Michael’s application for a pardon from the Justice Secretary – the only way of righting this miscarriage of justice. After a long fight, in September 2009 Michael was granted an exceptional royal pardon, on the basis of his innocence, and was finally released from custody. Fair Trials International Annual Review 2010 11
Justice in Europe Campaign
Fair Trials International’s cases provide compelling human evidence of the barriers to justice faced by people charged outside their own country. Even within the European Union (the source of half of FTI’s cases), basic fair trial rights are regularly denied. Translation and interpretation are often unavailable, making it impossible for non-national defendants to understand the case against them. Defendants often cannot access the legal representation they need to understand and assert their rights. In some EU countries, suspects can be held in detention for years before their trial starts. Last year FTI recruited a fulltime Policy Officer and, in the summer of 2009, launched its ‘Justice in Europe’ campaign, drawing on its unique casework experience to demonstrate the need to raise standards of justice across the EU. EU Defence Rights FTI has worked to build public and political support for a series of EU laws to guarantee basic fair trial rights across the EU. FTI’s cases have been cited by both the European Commission and the UK’s Justice Select Committee as evidence of the need for these new measures. The first measure (on interpretation) has now become law and 12
www.FairTrials.net
proposals on the second (on information to suspects) will soon be published.
“My trial in Portugal was branded “unfair” by a British court and described as a “farce” by a police officer but I am still being sent to serve a two year sentence. I’m not the first innocent victim of Europe’s extradition system and, unless it’s improved, I won’t be the last.” Garry Mann European Arrest Warrant FTI is also working for reform of the European Arrest Warrant (EAW), created in 2002 as a fasttrack system for surrendering people from one European country to another. The EAW was rushed in to deal with the threat of terrorism and to tackle serious cross-border crime more effectively. It has removed political discretion in extradition decisions and done away with traditional legal barriers to extradition. Transfers have become much quicker and EAWs have already been used to transfer thousands of individuals around the EU.
FTI agrees there is a need for an effective system of extradition within Europe, but, over the last year, it has encountered serious cases of injustice. In Deborah Dark’s case (p 8), an EAW was issued nearly 20 years after Deborah was convicted at a court hearing she knew nothing about. Andrew Symeou was surrendered to Greece despite serious flaws in the prosecution case and spent nearly a year in a Greek jail awaiting trial (p 15). EAWs have been used to send people to the other side of Europe for the most minor offences: 13,500 EAWs were issued in 2008 alone. FTI has worked with its clients to demonstrate the need for the EAW to be reviewed to incorporate vital safeguards. The campaign has already made progress. Prominent supporters of the EAW and both of the UK’s governing parties now recognise concerns about its operation and are calling for a review. The European Commission is also considering reform to prevent disproportionate use of the EAW.
Case Study Garry Mann Garry Mann was arrested in Portugal in 2004 following riots during Euro 2004. After a fundamentally flawed trial he was convicted, deported and told not to return to Portugal. In October 2008 Garry was then arrested under a European Arrest Warrant issued by Portugal. Over the last year, FTI has fought for a diplomatic solution to Garry’s case and challenged his extradition in the UK courts and at the European Court of Human Rights. Sadly, faced with over-rigid extradition laws, these efforts failed. The British courts recognised the “serious injustice” that Garry had suffered, referred to his case as an “embarrassment” and described his trial as “so unfair as to be incompatible with [his] right to a fair trial”. Despite this, they said they were powerless to stop Garry’s extradition. Garry was extradited to Portugal in May 2010 where he is currently serving a two year sentence. Read more at: fairtrials.net/cases/ spotlight/garry_mann Fair Trials International Annual Review 2010 13
Consular Assistance
Case Study Andrew Symeou (Andrew’s sister and mother pictured) 21 year old Andrew Symeou spent nearly a year in one of Europe’s most infamous prisons, awaiting trial. He is charged with manslaughter following the tragic death of a young British man in a Greek nightclub in 2007. There is compelling evidence that the prosecution case is built on mistaken identity and a flawed police investigation. Despite this, British courts ordered Andrew’s extradition in the summer of 2009. Greek courts then repeatedly refused bail because Andrew is not a Greek citizen, a decision which FTI has challenged in the European Court of Human Rights. Andrew was finally granted bail in June 2010, but no trial date has yet been set. FTI will attend the trial and is working with the family’s Greek lawyer (a member of FTI’s Legal Experts Advisory Panel) to gather crucial evidence. Read more at: fairtrials.net/cases/ spotlight/andrew_symeou
14
www.FairTrials.net
For those arrested outside their own country, consular assistance provides a lifeline. This is, however, a public service which has had almost no detailed examination. In December 2009, Fair Trials International published a major research report which has begun the process of filling this gap in knowledge. With funding from the Nuffield Foundation, FTI compared the policies and practices of American, Australian, British, Dutch and German ministries of foreign affairs on the consular support provided to their citizens in prisons abroad. The report focused, in particular, on consular trial attendance and identified a wide range of approaches: Australia, for example, has a policy of attending all trials unless impossible or unnecessary. For the UK, Netherlands and Germany, by contrast, trial attendance is the exception instead of the rule.
“The sight of our son in prison is heart-breaking. If we did not have the help of FTI we would be lost.” Frank and Helen Symeou The report also looked at the advantages and disadvantages of trial attendance. Defence lawyers considered that trial attendance could encourage compliance with fair trial rights. Ministry officials perceived the main advantage to be the ability to ensure defendants’ welfare; and felt the main drawback to be lost opportunities in terms of other consular work. During 2010, FTI will be working with the five ministries on the delivery of one of the key recommendations that emerged from the study: developing a fair trials checklist for use by consular officials. Fair Trials International Annual Review 2010 15
Accounts
Statement of Financial Activities For the year ended 31 March 2010 INCOMING RESOURCES
Balance Sheet At 31 March 2010
Unrestricted Funds (£)
Donations Grants Investment Income Other Income
101,475 123,383 550 231
Total Incoming Resources
225,639
Restricted Funds (£)
122,502
122,502
Total 2009/10 (£)
Total 2008/09 (£)
101,475 245,885 550 231
124,451 176,287 5,964 -
348,141
306,702
RESOURCES EXPENDED Charitable Activities Cost of Generating Funds Governance Costs
202,360 11,640 7,873
122,502 -
324,862 11,640 7,873
254,897 4,534
Total Resources Expended
221,873
122,502
344,375
259,431
Net Movement in Funds
3,766
-
3,766
47,271
Funds at 1 April 2009
147,146
-
147,146
99,875
Funds at 31 March 2010
150,912
-
150,912
147,146
Trustees’ Statement This financial statement is a summary of information extracted from the full annual accounts approved by the Trustees on 7th June 2010. This summary may not contain sufficient information to allow for a full understanding of the financial affairs of the charity. For further information, the full annual accounts, Independent 16
www.FairTrials.net
Examiner’s Report on them and the Trustees’ Annual Report should be consulted; copies of these may be obtained from The Treasurer, Fair Trials International, 59 Carter Lane, London EC4V 5AQ, United Kingdom. Signed on behalf of the Trustees Peter Lipscomb OBE Chair
2009/10 (£) Fixed Assets Tangible Fixed Assets Current Assets Debtors Cash at Bank and In Hand
Creditors: Amounts due within one year
2009/10 (£)
2008/09 (£)
4,021
2008/09 (£)
2,804
104,073 193,434
68,814 347,642
297,507
416,456
(91,880)
(125,196)
Net Current Assets
205,627
291,260
Total Assets less current liabilities
209,648
294,064
Creditors: Amounts falling due after more than one year
(58,736)
(146,918)
Net Assets
150,912
147,146
Funds Restricted Funds Unrestricted Funds
150,912
147,146
Total Funds
150,912
147,146
Independent Examiners’ Report to the Trustees of Fair Trials International We confirm that the summarised statement of financial activities and the summarised balance sheet are a fair extract from the full annual accounts of the charity for the year ended
31 March 2010 on which we reported separately as Independent Examiners on 14th June 2010. Hazlems Fenton LLP Fair Trials International Annual Review 2010 17
Finance
Case Study Paulette Garricks In April 2009, Paulette took a Caribbean holiday. After checking in her suitcase at Kingston airport (Jamaica), going through customs and boarding the plane she was pulled aside and questioned by police. A second suitcase had erroneously been checkedin under Paulette’s name and was found to contain a large quantity of drugs. The mistake was immediately acknowledged by airport staff who confirmed that Paulette had checked in only one suitcase. Despite this, Paulette was taken into custody. Her hair was sheared off and she was charged with possession, intent and conspiracy to traffic drugs. FTI raised its concerns about Paulette’s treatment with the public prosecutor in Jamaica and called for the case to be dropped. FTI was delighted when, on 8 June 2009, the trial judge acquitted Paulette of all charges and dismissed the case against her. Read more at: fairtrials.net/cases/ spotlight/paulette_garricks 18
www.FairTrials.net
Fair Trials International is rigorous in keeping its costs down so that as much as possible is spent on its charitable work. Sound financial management, the generosity of existing funders, the voluntary support of FTI’s Trustees and its network of lawyers have made FTI a successful and professionally run charity.
“Fair Trials International listened, didn’t doubt me and were always available. Their support has been the best.” Paulette Garricks In 2009/2010, FTI greatly increased its capacity to deliver its charitable work. As a result, expenditure increased by over 30% to £350,000. This was spent on: Casework (£135,000) Casework is at the heart of all of FTI’s work and accounts for nearly 40% of its expenditure. On average it costs about £5,000 to campaign for justice in an individual case. Policy, Campaigns and Research (£110,000) FTI conducts innovative research in order to understand the causes of injustice in cross border cases and tackled
these through policy work and campaigning. The ‘Justice in Europe’ campaign, for example, is seeking improvements to Europe’s fast-track extradition system and better guarantees of fair trial rights across the EU. Networks and Training (£85,000): FTI’s Legal Experts Advisory Panel includes legal experts from across the European Union. It met three times in 2009/2010. As part of its Young Defenders Network, FTI organised a week-long residential training course for defence lawyers from across Europe in 2009.
European project funding towards the costs of networks and training (19% of FTI’s income). The remaining 10% of FTI’s funding was raised from the legal community and individual donations. Expenditure Summary
FTI spent £20,000 on governance and generating funds. Where does FTI’s funding come from? Money was raised from a range of sources: Mr and Mrs H Warendorf and Mr and Mrs H P Holinger generously donated 22% of FTI’s income. FTI raised 25% of its funding from trusts and foundations which, in general, funded specific research projects and policy work.
Casework £135,000 Policy & Campaigns £110,000 Networks & Training £85,000 Other £20,000
FTI benefited greatly from core funding from the European Commission (24% of its income) and from Fair Trials International Annual Review 2010 19
Fundraising
Fair Trials International has no investment income and no guaranteed source of funding. One of FTI’s key priorities is to develop financial sustainability over time. The charity is seeking to build on the generosity of its existing supporters in the following ways: Major Gifts A small number of individuals have already helped FTI greatly, but at least £300,000 needs to be raised over the next three years from major benefactors. With this FTI will provide a lifeline to hundreds of people all over the world and will campaign for a fairer system of extradition within the EU and for binding guarantees of fair trial rights. Law Firms and Chambers FTI is fortunate to have developed relationships with leading solicitors’ firms and barristers’ chambers (see p 6). They provide generous financial support to FTI and their lawyers give freely of their time and expertise. FTI is seeking to build on these relationships, to increase the pool of expertise on which it can draw and to raise at least £30,000 per annum from the legal community.
Who we are
Individual Fundraising Activities FTI has been fortunate to receive donations from people who have undertaken personal fundraising initiatives, both large and small. FTI is developing the tools to help people support us with their personal efforts (from running marathons to selling cakes) and aims to raise £15,000 a year in this way.
“I became the Chairman and a major donor of Fair Trials International because I believe everyone has the right to a fair trial wherever they are in the world.” Peter Lipscomb OBE Trusts and Foundations FTI is seeking to raise £95,000 each year from charitable trusts and foundations to contribute to the costs of its research and policy work as well as FTI’s casework and campaigns.
European Commission FTI will continue to seek funding worth over £100,000 each year from the European Community. In particular, over the next two years, this will make a significant contribution to the costs of FTI’s work to maintain its networks of legal experts across Europe.
Trustees
Staff
Peter Lipscomb OBE (Chair)
Jago Russell Chief Executive
FTI would like to thank everyone who generously supported its work in 2009/2010, including: A B Charitable Trust, Bromley Trust, Charles Wolfson Charitable Trust, Drapers’ Company, EACEA, Elizabeth Frankland Moore and Star Foundation, Freshfields, Bruckhaus, Deringer, Funding Network, George and Esme Pollitzer Settlement, Herbert Smith, Joseph Rowntree Charitable Trust, Korman Trust, Launan Charitable Trust, Law Society Charity, Nuffield Foundation, Persula Foundation, Sigrid Rausing Trust and Tanner Trust.
Jane Howard
Conrad Levy (Hon Treasurer) Deborah Annetts Peter Carter QC Anand Doobay Andrew Hobson Martin Hughes HH Dennis Levy QC Tara Lyle Nigel Siederer
Priscillia de Corson Legal Caseworker Wafa Shah Legal Caseworker Rebecca Shaeffer Legal Caseworker (maternity cover) Catherine Heard Policy Officer Lucy Pedley Holland Office and Events Manager
Professor Jon Silverman
Robert Jackman Fundraising Assistant
Patrons
Mike Kostyn Accountant
Stephen Jakobi OBE (Founder Patron) Rt Hon Lord Falconer of Thoroton QC Lord Goodhart QC Lord Hodgson of Astley Abbotts Paolo Iorio Baroness Ludford MEP Rt Hon Lord Mackay of Clashfern QC
FTI’s work in 2009/2010 was only possible due to the support of a growing pool of volunteers and pro-bono lawyers. Your contributions are priceless and we cannot thank you enough. We would particularly like to thank the Casework and Policy Interns that assisted us throughout the year: Iram Ashraf Ruth Atkinson-Wilks Fahad Haque Triona Jacob Emily Kearns Ruth Kelly Daniel Mansell FTI would like to thank Insight Public Affairs (and Sarah Lapham in particular) for assistance with FTI’s communications over the last year, including this Annual Review. Fair Trials International is registered with limited liability in England & Wales (No 7135273) and is a registered charity (No 1134586). Before 1st April 2010, FTI operated as a charitable trust (the Fair Trials Abroad Trust) with registered charity number 1079079.
Clive Nicholls QC Jozef Rammelt Oliver Wallasch
With financial support from the EU’s Fundamental Rights and Citizenship Programme and the EU’s Criminal Justice Programme. 20
www.FairTrials.net
Hans Warendorf Fair Trials International Annual Review 2010 21
22
www.FairTrials.net
W ev ork to er in na a y p g f ar tio fai er or e n r t so a ac al ri n w ity al ha or c u Fa , w , w s ld s ed h h th w 59 ir er ate e he Lo C Tri ev ve rig re Un nd art als er r ht ite on er In th the d EC La te ey ir Ki 4 ne rn ng V at io 5 do A na m Q l