Defending the rights of people facing charges outside their own country
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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 .
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Rt Hon the Lord Woolf, Lord Chief Justice of England and Wales 2000-2005
Fair Trials International Board of Trustees Peter Lipscomb OBE (Chair) Conrad Levy (Hon Treasurer) Deborah Annetts Peter Carter QC Andrew Hobson Martin Hughes HH Dennis Levy QC Tara Lyle Nigel Siederer Professor Jon Silverman Hans Warendorf The Team Jago Russell (Chief Executive) Priscillia de Corson (Legal Caseworker) Wafa Shah (Legal Caseworker) Catherine Heard (Policy Officer) Lucy Pedley Holland (Office and Events Manager) Tom Tyler (Fundraising Assistant) Mike Kostyn (Accountant) FTI’s small staff team is supported by a global network of lawyers and a growing number of interns and volunteers.
Working for fair trials and defending the rights of people facing charges in a country other than their own. 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 is the only charity that helps people in this terrifying predicament. Since FTI was established in the 1990s, we have helped hundreds of people to defend their right to a fair trial outside their own country and have secured the release of victims of miscarriages of justice across the globe. FTI believes everyone has the right to a fair trial, wherever they are in the world. We believe respect for fundamental rights and the rule of law are the hallmarks of a civilised society and that the right to a fair trial is at the heart of this. With the support of a group of individual donors, trusts, foundations and the legal community, FTI will continue to fight individual cases of injustice and to campaign for fair trials.
“Your work gave us some hope and a reason to feel optimistic ... your compassion and your understanding of their plight and circumstances have impressed us all.” Teacher of two schoolgirls arrested in Ghana
“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 (Founder Patron)
The Challenge Fair Trials International is responding to growing demand for its help and fighting the root causes of injustice. Many more people are now travelling abroad, often further afield. As a result, the number of people arrested in a foreign country and the legal challenges they face are growing. Every year more people are contacting FTI for help. The political response to 9/11 and 7/7 has created new challenges. Traditional barriers to extradition have been dismantled, creating a massive increase in the number of people being sent abroad to face trial. Of course states must cooperate to tackle cross-border crime, but FTI is encountering cases where the laws designed to protect us have been used indiscriminately or in a disproportionate manner. Many citizens have become the victims rather than the beneficiaries of the law.
“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 separated from my six children and 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, facing extradition to Portugal Meeting the Challenge FTI understands the root causes of injustice in cross-border cases better than anyone else. To tackle these FTI is: • Campaigning for a fairer system of extradition, based on respect for fundamental rights and the rule of law; • Lobbying for legal reform in the European Union so that everyone has the right to a translator, to basic information on their rights and to legal assistance; and
Through its “Justice in Europe” campaign, FTI is helping to ensure that fundamental rights and the rule of law are at the heart of EU criminal justice policy. We believe Europe should work together to improve fair trial rights; not to undermine them. The European Arrest Warrant was designed to deliver swift justice but it is also causing serious cases of injustice. We are campaigning for reform so that it cannot be used to extradite people for minor offences or in cases where a fair trial is impossible. We are also working to build support for new laws to improve standards of justice across Europe. FTI’s own cases (about half of which are in the EU) leave us in no doubt that this is desperately needed.
• Working to build on FTI’s global network of lawyers committed to defending fair trials in cross border cases. FTI has enlarged its core staff team and is supported by a growing pool of volunteers. We can now respond to more requests for assistance and are doing more to fight the most serious cases of injustice.
“I have huge admiration for Fair Trials International and great pride in being associated with it.” Baroness Sarah Ludford MEP (Patron) www.fairtrials.net
Supporting People in their Fight for Justice Since its first case in 1992, people facing criminal charges all over the world have been seeking FTI’s help. All too often FTI encounters people imprisoned for months or years before their trial even starts, who are ignorant of their rights and have no access to a lawyer or interpreter. Every year FTI provides advice, information and referrals to hundreds of people facing challenges like these. At any one time we are actively fighting about fifty of 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. In these cases: • FTI works with its international network of lawyers to fight for basic rights to be respected in local courts; • FTI makes pardon applications and takes cases to international courts; and • FTI launches public campaigns to exert public and political pressure for justice at home and abroad.
Greek Plane Spotters (Greece, 2001 to 2002): In November 2001 a group of twelve British and two Dutch plane spotters were arrested after taking notes during an open day at a Greek Air Force base. The Greek authorities, refusing to recognise plane-spotting as a hobby, charged all fourteen with espionage. After being held for six weeks, they were eventually released on bail. FTI had publicised their case and this led to widespread public outrage at their treatment. After returning to Greece to face trial they were stunned to be found guilty. All of the plane spotters appealed and thirteen men and women returned to Greece for the appeal. Thanks to our legal interventions and in the face of sustained public pressure for justice, the Greek courts overturned their convictions.
“I’m pleased, very pleased. It is a vindication of what we have said all along. The judges have listened to the evidence and understood it – something the judges at our first trial failed to do." Paul Coppin, on the day he was acquitted
Deborah Dark (France, 1989 to 2009): Deborah Dark was arrested in France in 1989 on suspicion of drug-related offences. After months in prison she was vindicated. The court cleared her of all charges and she came home to the UK. Without notifying Deborah or her lawyer, the prosecution appealed. In 1990, in the absence of any defence representation, a French court sentenced Deborah to six years’ imprisonment. Deborah knew nothing about this until eighteen years later. In 2008 Deborah was arrested in Spain on the way back from a family holiday. France had issued a European Arrest Warrant against her. FTI helped Deborah to find a Spanish lawyer who was able to persuade the Spanish courts that it would be unjust to extradite her. Sadly, Deborah’s ordeal continued. On arrival back in the UK, she was arrested again. FTI supported her through another legal battle. Although the British courts also refused the extradition, FTI is still working to persuade the French authorities to remove the Warrant. Until they do, Deborah will be re-arrested if she leaves the UK.
“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
Patrick Malluzzo (India, 2004 and ongoing): In October 2003, 30 year old Patrick Malluzzo went to India on a backpacking trip. Two months later the Indian police found cannabis in a bag carried by a man Patrick had met in India. Patrick was arrested despite compelling evidence the bag did not belong to him and even though he was hundreds of miles away when it was seized. Patrick has reported that Indian police stripped him naked and shackled him to a chair while cigarettes were used to burn him and pliers were used on his genitals. He was sentenced to ten years’ imprisonment after a grossly unfair trial: he was forced to make a televised confession; the proceedings were held in Hindi which he did not understand; and key defence evidence was ignored. Patrick has now been held in an Indian prison for nearly six years where he shares a cell with 54 other inmates. Since we learned of the case in late 2007, we have brought together a team of defence lawyers in India and the UK to prepare Patrick’s appeal. We will continue to campaign for Patrick’s release and safe return to the UK.
“We miss our larger than life son so much and are praying for the day we are reunited as a family. Without FTI we don’t know whether we could have continued this long fight for justice.” Salvatore and Teresa Malluzzo, Patrick’s parents
Michael Shields (Bulgaria, 2005 to 2009): 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 arrested. FTI travelled to Bulgaria to observe Michael’s trial and was shocked by what it witnessed: the court relied on seriously flawed identification evidence; refused to consider the fact that another person had confessed to the crime; and no account was taken of Michael’s alibi. He was found guilty and sentenced to 15 years’ imprisonment. After the Bulgarian courts refused to overturn the conviction and the President refused to grant a pardon, Michael was transferred to a UK prison. 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 Jack Straw concluded that Michael was innocent and pardoned him.
“Jack Straw has pardoned Michael Shields, but many other miscarriages of justice need his attention.... That excellent charity Fair Trials International has long campaigned for Shields's release and it has a number of other similar cases on its books.” Duncan Campbell, The Guardian, 9 September 2009
Legal Networks For over a decade FTI has been working with lawyers across the globe. The network FTI has developed is one of its greatest assets. FTI can refer people in desperate need of legal representation to experienced lawyers who have knowledge of the local legal system. In the last two years FTI has developed two new networks: • Our Legal Experts’ Advisory Panel meets three times a year and brings together experienced practitioners, NGOs and academics from across Europe. • Through our Young Defenders Network programme we have now provided training to over one hundred human rights defenders from across the EU.
“FTI’s Young Defenders programme 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 and Young Defenders Network Trainer
Read more about these cases and many more at www.fairtrials.net
Fair Trials International – finance Expenditure summary
FTI is rigorous in keeping its costs down so that as much as possible is spent on our charitable work. Sound financial management together with the generosity of our existing funders and the voluntary support of our Trustees and network of lawyers have made FTI a successful, sustainable and professionally run charity, able to carry out its work for approximately £340,000 per year. This sum is required for: Casework (£130,000) Casework is at the heart of everything we do and accounts for 40% of our expenditure. On average, it costs us about £5,000 to campaign for justice in an individual case.
Casework £130,000 Policy and Campaigns £105,000 Networks and Training £75,000 Other £30,000
FTI relies heavily on pro-bono and financial support from the UK legal community, 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, Garden Court North, Great James’ Street, Hallinans, Herbert Smith, Hickman Rose, Kaim Todner, Leigh Day, Lewis Nedas and Oury Clark.
Fair Trials International’s accounts can be found at www.charitycommission.gov.uk
Policy, Campaigns and Research (£105,000) We conduct innovative research in order to identify the generic causes of injustice in cross-border cases and tackle these through our policy work and lobbying. Our current Justice in Europe campaign, for example, is seeking improvements to Europe’s fasttrack extradition system and better guarantees of fair trial rights in European jurisdictions. Networks and Training (£75,000) FTI’s Advisory Panel includes legal experts from across the European Union. It meets 3 times a year and informs FTI’s EU justice policy. As part of its Young Defenders Network Programme FTI organises week-long residential training courses for junior defence lawyers from across Europe. We spend £30,000 per annum on other activities including governance, financial management and fundraising.
Where does our money come from? • We have greatly benefited from the generosity of two donors who last year donated 30% of our income. Their donations will, however, soon come to an end and we need to widen the pool of people who support us. • The European Commission is a major source of our funding (30% in the last financial year) but this will reduce year on year. • We are supported by trusts and foundations which, in general, fund the cost of specific research projects and policy work. This amounted to 30% of our income last year. • In 2008/09 we raised the remaining 10% of our income from the legal community and smaller individual donations.
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. We are seeking to build on the generosity of our existing supporters in the following ways: 1. Major Gifts A small number of individuals have already helped us greatly but we need to raise at least £300,000 over the next three years from major benefactors. With this we will: • Provide a lifeline to hundreds of people and fight miscarriages of justice all over the world. • Campaign for a fairer system of extradition within the EU and for legal guarantees of fair trial rights. By 2012 we can make a significant impact on EU justice by working with our partners across Europe and with our clients to show the human cost of injustice. 2. Law Firms and Chambers Justice and the rule of law are at the heart of FTI’s work and underlie all legal practice. FTI is fortunate to have developed relationships with leading solicitors’ firms and barristers’ chambers. They provide generous financial support to FTI and their lawyers give freely of their time and expertise. We are seeking to build on these relationships; to increase the pool of expertise on which we can draw and to raise £40,000 per annum from the legal community. 3. Individual Fundraising Activities We have been fortunate to receive donations from people who have undertaken personal fundraising initiatives, both large and small. We are developing the tools to help people support us with their personal efforts (from running marathons to selling cakes) and aim to raise £15,000 a year in this way. 4. Trusts and Foundations We are seeking to raise £60,000 each year from charitable trusts and foundations to cover the costs of our research and policy work. We are also seeking £30,000 each year to contribute to the costs of our casework and campaigns. 5. European Commission We will continue to seek funding worth in the region of £100,000 each year from the European Commission. In particular, over the next three years, the Commission is making a significant contribution to the costs of our work to maintain our networks of legal experts across Europe.
“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. This charity is making a huge difference to the lives of many vulnerable people and fighting grave miscarriages of justice. I hope others will feel as committed to this cause as I am.” Peter Lipscomb OBE, Chairman of Fair Trials International
Major Benefactors’ Group We are looking to form a small group, ‘The Major Benefactors’ Group’, each benefactor donating £5,000 or more and making regular contributions. We have already received a donation worth in excess of £30,000 and each member of the Board of Trustees has pledged to support FTI’s fundraising efforts. Major Benefactors will be regularly informed of developments at Fair Trials International, will be invited to visit our offices to meet our staff and discuss our work and invited to annual events to see the impact FTI is having thanks to their support.
www.fairtrials.net
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Fair Trials International 59 Carter Lane, London, EC4V 5AQ United Kingdom Tel: +44 (0)20 7762 6400 Fax: +44 (0)20 7762 6401 www.fairtrials.net A Charity registered in England and Wales (number 1079079)
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If you are interested in finding out more about anything mentioned in this brochure, please contact Jago Russell, Chief Executive at Fair Trials International; send an email to jago.russell@fairtrials.net or telephone 020 7762 6400