ANNUAL REVIEW 2010â€“2011
Victims of European extradition laws give powerful evidence to Parliamentary Inquiry (p8)
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) Four of Fair Trials International’s clients tell Parliament about their experiences of unfair extradition. Andrew Symeou Read about Andrew’s acquittal after his extradition to Greece and detention before trial (represented in Parliament by his father, Frank) (p3) Edmond Arapi Read about how Edmond was nearly extradited to Italy for a crime he could not have committed (p9)
Michael Turner Michael’s story can be found at www.fairtrials.net/cases/article/ michael_turner
Photographs: David Thomson & Natasha Cheek Design: Pretty.co.uk Print: Dayfold
Deborah Dark Read and watch a film of Deborah’s story at www.fairtrials.net/cases/article/ deborah_dark
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Contents Chairâ€™s Foreword Chief Executiveâ€™s Report About Fair Trials International European Arrest Warrant Evidence Sharing Detention Without Trial European Defence Rights Consular Assistance Repatriation Accounts Finance Fundraising Networks Who We Are Our Supporters
2 4 6 8 10 12 14 17 18 20 22 24 26 27 28
Fair Trials International Annual Review 1
The work of Fair Trials International is becoming ever more necessary in a world where fair trial rights are often ignored. We believe passionately that the right to a fair trial goes to the heart of democratic values, which is why we fight so hard on behalf of those who seek our assistance and campaign for changes in laws that are unfair or are used disproportionately. While individual cases will always be at the heart of what we do, our emphasis in the past year has shifted increasingly toward policy and campaigns work where we can influence legislation, particularly in the EU, thus helping many more people. We are also starting to give increased levels of information and advice of a general nature to all those who seek our help, while concentrating in-depth legal expertise on those cases which enable us to address systemic problems.
“Although my family has been through a living hell I hope that, at least, by telling our stories we will make sure that politicians in London and Brussels open their eyes to the problems with our extradition laws.” Frank Symeou, speaking after Andrew’s acquittal in Greece
Fair Trials relies on many people to support its work. I would first like to thank our generous funders without whom we could not exist. In the last year we have also found innovative and enjoyable ways to raise funds, for example by asking our supporters for wine to auction at Christie’s, which raised well over £20,000. We have significantly strengthened our list of patrons, who are both cross-party and pan-European. I would also like to thank our network of international lawyers whose perspectives across many different jurisdictions adds immensely to the quality and depth of our work. I would like to thank our board of trustees, which has also been strengthened over the past year by new appointments. Between them our trustees possess an impressive range of skills and experience. Finally, I would like to pay tribute to our staff, both employees and interns and volunteers, led by our Chief Executive, Jago Russell. Jago leads a highly professional and motivated team, whose work is having an enormous impact on the lives of vulnerable people and on respect for the right to a fair trial. Peter Lipscomb OBE Chair
Case Study Andrew Symeou After a terrible ordeal involving unjust extradition to Greece and almost a year in horrendous pre-trial detention conditions, twentytwo year old Andrew from Enfield was finally acquitted by Greek courts in June 2011. Andrew was accused of the manslaughter of Jonathan Hiles, who tragically died on the island of Zante in 2007. Andrew was extradited in July 2009 under a European Arrest Warrant, despite compelling evidence of mistaken identity and evidence that the charges were based on statements extracted by Greek police through the violent intimidation of witnesses. It took nearly two years before Andrew’s trial eventually started in March 2011. Fair Trials International supported the Symeou family throughout their ordeal and challenged Andrew’s extradition, as well as the unjustified decision to remand him in custody in Greece.
Fair Trials International Annual Review 2011 3
Chief Executive’s Report
Over the past year, Fair Trials International has shown that the most effective way to demonstrate the need to protect the right to a fair trial is to highlight the compelling stories of victims of injustice. In early 2011, four of our clients spoke in the UK Parliament about how their families’ lives had been torn apart by inappropriate use of Europe’s fast-track extradition regime, the European Arrest Warrant. Confronted by the stories of people like Edmond Arapi (p9) the scales fell from the eyes of politicians who are rarely confronted with the human consequences of the laws they enact. Our expert policy team has built on these powerful human stories and shown how effective law enforcement can, and must, go hand-in-hand with justice and human rights. Our concrete proposals for creating a fairer system of extradition within Europe have contributed to a review of the law in the UK and recognition of the need for reform at EU level (p8). In 2010, Fair Trials International also played a key role in the first ever EU procedural rights Directive, which will give all suspects in the EU an enforceable right to translation and interpretation (p14).
of the people who contacted Fair Trials International in 2010 reported being denied access to an interpreter or translation of key documents in Europe.
Since the beginning of 2010, we have received over 600 written requests for help from people all over the world facing charges, with many more contacting us for support and advice over the telephone. We were delighted by the acquittal of Andrew Symeou in Greece (previous page) and Alan Rae in Peru (p17). Although we had hoped for his conviction to be quashed, we were also pleased that our long-standing client, Patrick Malluzzo, was at least transferred to the UK this year and reunited with his family after seven years in appalling prison conditions in India (p19).
In the year ahead we will continue our work to raise standards of justice in Europe and our policy and campaigns work will start to reach beyond the EU. The direct assistance we provide to people arrested abroad will also remain a core part of what we do and we will continue to develop tools to enable us to reach many more vulnerable people facing an uncertain future far from home (p6). Jago Russell Chief Executive Fair Trials International
Mohammed Hussein Interview
saw me, he recognised me straightaway, and he told everyone ‘this is my dad.’
You decided to go back to Iraq recently, that must have been hard for you. Why did you decide to do that?
Fair Trials International interviews Mohammed Hussein, who was imprisoned in Iraq for years on an unsafe conviction. Following the charity’s intervention Mohammed was given an amnesty and released in April 2009. Can you describe the first thing you did when you got back home? The first thing I did when I got back to Birmingham was to go and see my son who was in nursery. I just wanted to see him because I hadn’t seen him for three years. I went inside the nursery, and I saw him, and I couldn’t control myself; I just started crying. Once he
When I first got back from Iraq, I had nightmares that I was actually still there and those who tortured me were waiting for me. When I awoke I was really terrorised and really afraid that it would happen again. In myself, I had to do something; I had to deal with it. I couldn’t just keep being scared for all of my life and I had to face it somehow. I had a chance to do it by going back to Iraq. I was afraid when I entered the country that I would be arrested but it was peaceful and everything was fine. Since I’ve been back in the UK I haven’t had any nightmares because I proved to myself and I proved to people that I have nothing to be scared of. It’s given me a release.
How do you think your experience can help others? My advice to others is to keep everything behind you, try and leave it behind you and say ‘I have a new life, let me go ahead with it.’ Be with the people who are happy that you are back; be happy for the sake of those who love you, who fought for you, who supported you as much as possible.
Leave the past behind you. You have to have the strength to say ‘I’m over it, it’s done, it’s not going to happen again, and I can have my new life.’
What do you think helped you the most whilst you were detained? I kept thinking that if I have people like Fair Trials International, like my wife, who support me and give me hope, then I will get back. That helped me a lot – you did a lot of work with my wife to act on our behalf, to raise your voice against whoever did wrong, in Iraq and in the UK. That gave me a good push to keep my strength up and be patient – it gave me hope really.
Congratulations on the birth of your new baby boy – do you think the things you’ve been through have changed you as a husband and a father? Yes, I really think what has happened to me will make me a better man and a better father. I’ve seen a lot of people, and learned a lot from their experiences. I’ve thought about the things I should be doing in terms of having a better family, a happy family.
Fair Trials International Annual Review 2011 5
About Fair Trials International
For the last nineteen years, Fair Trials International has worked for the better protection of fair trial rights and defended the rights of people facing criminal charges in a country other than their own. Our vision is a world where every person’s right to a fair trial is respected, whatever their nationality, wherever they are accused.
We believe that everyone has the right to a fair trial, regardless of where they are arrested We were first established to help people arrested thousands of miles from home to overcome the enormous obstacles to justice that they almost always face. Non-national defendants usually lack knowledge of local languages, customs and legal systems; on arrest and in detention, they are far from their support networks and often unable to have regular contact; collecting evidence in such circumstances is difficult; and they often face discrimination, for example in attempts to secure bail or obtain legal aid.
Every year we help hundreds of people facing challenges like these. Our work centres on helping suspects and their families to navigate a foreign legal system and access effective legal representation and consular assistance. We offer practical advice, including referrals to local lawyers and answers to commonly asked questions, which we provide to almost every person who contacts us. We are currently working to develop tools to provide greater levels of assistance to many more people: practical guidance notes addressing the key issues often encountered by people arrested abroad, such as how to apply for bail in a foreign country and short countryspecific notes with information on how the local legal system operates and on local sources of support. It is this work with people arrested in countries all over the world that distinguishes Fair Trials International from other human rights and law reform organisations. Our clients’ experiences inform everything we do. They enable us to bring legal issues to life – issues which might otherwise be dismissed as complicated and legalistic. Individual stories of injustice help us to demonstrate the importance of respect for fair trial rights and to make
them understandable to people with no first-hand knowledge of the criminal justice system. They also give us a unique insight into barriers to justice in different parts of the world, allowing us to identify patterns of injustice.
“Throughout our long ordeal we have been moved by the huge amount of support we have received from Fair Trials International – without their assistance I’m not sure we would have had the strength to carry on fighting.” Teresa Malluzzo, after her son’s transfer back to the UK (p19) Our experience of real cases also helps us to decide on the most important areas on which to focus our policy and campaigns activities. Through this work we lobby for legal reforms necessary to ensure that the right to a fair trial is respected in practice. We also campaign for changes to laws, which, although intended to help tackle serious crime, have resulted in injustice because of inadequate safeguards against abuse and overuse.
Effective campaigns work at Fair Trials International involves close collaboration between all parts of our staff team. Our work is also informed by the criminal defence and human rights specialists on our Legal Experts Advisory Panel, who met three times over the last year to discuss key issues in cross-border justice. Through residential training courses for younger lawyers, we also equip emerging human rights practitioners across Europe with new tools for the defence of fair trial rights. Through these networks, we spread the expertise and energy needed to promote a culture of respect for human rights across Europe and beyond.
Case Study Laura Webb
In Venezuela there is only one guard for every 150 prisoners.
Laura has been in a Venezuelan prison since February 2009. She was arrested on suspicion of smuggling drugs, although her travelling companion took full responsibility and no drugs were found in her luggage. Her story is indicative of the problems our clients face when arrested far from home. Laura was denied some of the most basic elements of a fair trial – legal advice upon arrest, access to a lawyer and court interpreters. Although entitled to a trial by jury under local law, Laura was ultimately forced to abandon this right. Despite Laura’s desperation to return home to her children, she fought bravely to present her defence from some of the worst prison conditions in the world and despite serious health problems. Laura was convicted earlier this year but was given a short sentence. We hope that she will be soon released and permitted to return home to her family.
European Arrest Warrant
The European Arrest Warrant is a fast-track system for surrendering people from one EU country to another to face trial or serve a prison sentence. It has removed many of the traditional safeguards in the extradition process and flaws in the system have caused serious cases of injustice. If a court in one country demands a person’s arrest and extradition, courts and police in other countries must comply. By illustrating these systemic flaws with the real-life cases of our clients and reinforcing our arguments with panEuropean expert input, we have made a compelling case for reform. Last year, we pooled our experience with that of 15 expert cross-border defence lawyers from across Europe, sending a joint letter to Viviane Reding, the European Commissioner for Fundamental Rights, summarising key concerns and areas for reform. Commissioner Reding thanked us for our input, acknowledging there was:
“...considerable room for improvement in the operation of the EAW system.”
Growth of Arrest Warrants and Surrenders since 2004
Source: European Council questionnaire on the EAW
This year, we have kept up the momentum and have seen major results: a UK government review; a plenary debate in the European Parliament in June; and inquiries by the UK Home Affairs Committee and Joint Committee on Human Rights, whose report has adopted our recommendations for reform.
Through a sustained media campaign, we have generated deeper public and political awareness of the serious impact of unjust extradition on individuals and their families, both in the UK and elsewhere in Europe. In May we launched a major report on the first seven years of the Arrest Warrant system at the European Parliament and showed compelling video testimony of clients affected by this defective system.
Case Study Edmond Arapi British courts ordered Edmond’s extradition to Italy to serve a 16 year sentence for a murder committed in a city he had never visited and which took place on a day he was hundreds of miles away, at work in the UK. Edmond had no idea that he was wanted for a crime or that a trial had even taken place. In fact, Edmond had not left the UK at all between 2000 and 2006. Italy only dropped the European Arrest Warrant after a high-profile campaign by Fair Trials International. By this time he had already spent weeks in custody, separated from his young family.
“If you’ve got concrete proof that you did not commit the crime and you are still going to be extradited, well there’s no hope for anyone else is there?” Georgina Arapi, Edmond’s wife
Fair Trials International Annual Review 2011 9
The European Investigation Order is a proposed EU law which would transform how evidence is gathered and shared across Europe. It was put forward by a handful of countries in April 2010 without prior public consultation. If adopted, the Order would signal a radical shift from the current discretionary evidence-sharing arrangements to a mandatory regime, modelled on the European Arrest Warrant, which would leave EU countries with little power to refuse orders from other EU countries requiring the gathering and sharing of evidence and information. From the moment the proposal came to light, Fair Trials International demanded that any new evidence-gathering law must safeguard the rights to a fair trial and privacy. We called for: the ability for requested countries to refuse to execute an Order if it would violate fundamental rights; the introduction of a proportionality test to ensure that costly and intrusive demands for evidence are not made for minor offences; and an express reference to the right of defendants, not just prosecutors, to use any new law to gather evidence.
If a tourist steals a handbag on the Costa del Sol, the European Investigation Order could allow Spain to demand that other EU countries provide information about every person who has travelled to southern Spain. They could not refuse on â€œproportionalityâ€? grounds. Our concerns were echoed in debates in the UK Parliament and generated extensive coverage in the UK and Brussels media. This led to undertakings from the UK government that it would demand that any new law include vital safeguards. We continue to campaign as the proposal is negotiated at EU level. Although far from perfect, the proposal has already been improved by adding a proportionality test (to be carried out by the requesting country) and bar on using the instrument to investigate someone for an offence for which they have already been tried.
Right: Press cuttings about the EIO 10â€ƒ www.FairTrials.net
Fair Trials International Annual Review 2011â€ƒ 11
Detention Without Trial
Many EU criminal justice measures, like the European Arrest Warrant and the Investigation Order, are based on the idea that all EU countries can be trusted to respect fundamental rights and deliver justice. In reality, standards vary widely across the EU. There are few areas where this is more apparent than pre-trial detention. International bodies, like the Council of Europe’s Committee for the Prevention of Torture, have consistently criticised EU countries for the inhumane conditions of their prison estates. The stories of the people who contact Fair Trials International for help every week bear this out. Reports of abuse by prison staff, violent rioting and filthy conditions are common. People who have not been convicted of any criminal offence are routinely being detained for months or years on end when non-custodial alternatives could be used instead. Pretrial detainees are being denied effective access to their lawyer and to the information they need to prepare their defence and apply for bail. The presumption of innocence, a fundamental principle of any democratic society, is being systematically undermined by bad detention practices.
The EU is finally waking up to the problem and in June 2011 published a Green Paper, recognising that cooperation between EU countries in tackling crime is being hampered by the human rights abuses in Europe’s prisons.
“It’s very bewildering when you are given to a foreign country and they deny you something that you think is your right, like a phone call home...” Michael Turner, Fair Trials International client who was detained in Hungary for months without charge Fair Trials International will demand better treatment for pre-trial detainees across the EU, so that people are treated humanely and have a fair chance to prepare for trial. We will call for effective judicial oversight to prevent pre-trial detention for excessive periods of time and when alternatives are available. We will also build support for new laws which would give EU countries the power to allow non-national defendants to return to their home countries on bail while awaiting trial.
Case Study Robert Hörchner
Following his extradition, Robert was held on remand for 10 months in a Polish prison, during which time he had to endure filthy, overcrowded conditions, sharing a 3.5 by 4.5 metre cell with up to nine other inmates. Inmates were given two buckets of cold water each day, which they were expected to use both for washing and for their laundry. Violence was widespread and Robert suffered repeated and brutal attacks by other inmates.
Robert Hörchner, a 59 year-old father of two from Holland, was arrested under a European Arrest Warrant issued by Poland.
While on remand, Robert was only allowed visits from a friend on two occasions. He was given very little information about the case and restricted access to a lawyer, so could not properly prepare for his trial. Robert was eventually given bail but his physical health had deteriorated to such an extent that, on his return to Holland, his own wife did not recognise him.
of the EU’s prison population has not been convicted of any offence.
Over 40% of our pre-trial detention cases over the last year were from Spain alone – a country where pretrial detention can last up to four years.
Robert faced allegations that he had been involved in renting a Polish property where cannabis was cultivated, which he has always denied.
Robert’s case is still proceeding in Poland and he continues to suffer the severe mental effects of his imprisonment.
Fair Trials International Annual Review 2011 13
European Defence Rights
Following years of deadlock, in late 2009, the EU finally adopted a programme of activity to pave the way for fair trial rights to be better protected throughout Europe – the defence rights “Roadmap”. After a long and hard campaign to make this happen, Fair Trials International’s goal is now to keep up the momentum on this crucial set of rights and to maintain the pressure on all EU countries to adopt strong measures.
“Fair Trials International has reported that even when the right to legal assistance exists in theory, it is sometimes not safeguarded in practice and that this can have serious consequences given the increasingly frequent use of instruments like the European Arrest Warrant.” European Commission document accompanying the new Directive on legal assistance As always, it is real cases that help persuade politicians and the public of the need for this legislation. Our clients’ often shocking experiences are regularly used to illustrate why more must be done to protect basic defence rights. Interpreting and translating: In October 2010, the first Roadmap right was passed – the right to interpretation and translation facilities for people who do not understand the language of the proceedings. This law, which will come into force in 2013, will guarantee anyone facing charges in an EU country the crucial right to a qualified interpreter during all police questioning, meetings with lawyers and hearings in court. There is also a brand new right to written translations of key documents.
Case Study Garry Mann
Following street disturbances at the Euro 2004 football championships in Portugal, Garry was arrested, tried and convicted within the space of 48 hours. As a result of a catalogue of failings to provide Garry with any of the key elements of a fair trial, his trial and conviction were grossly unfair. Despite this, Garry was extradited to Portugal to serve a two year prison sentence. He was transferred back to England to serve the remainder of his sentence in May 2011 and was finally released in August this year and reunited with his family.
Garry was not given an interpreter before his trial: the interpreter at his trial had no formal qualifications.
Fair Trials International Annual Review 2011â€ƒ 15
European Defence Rights
2010 also saw the release of a draft EU law to guarantee the second Roadmap right: the right to information. This will ensure that everyone arrested in any EU country gets key information about their basic legal rights and the charges against them, as well as proper access to the prosecution file to enable them to know the evidence they will have to respond to at trial. Negotiations on the measure continue at EU level and we have pressed hard to ensure that a truly effective new law is passed. Without information, rights that exist in law are illusory in practice. You may have a right to a lawyer, but unless you are told about this right, you are unlikely to exercise it.
Garry Mann was given only brief access, shared with 13 other co-accused, to a courtappointed lawyer on the day of his trial. The lawyer provided no advice on his right to delay the case to adduce evidence in his defence.
of people who contacted us over the last year in Europe reported that they were denied access to a lawyer.
• complete confidentiality for all communications with a lawyer; and • in European Arrest Warrant cases, legal representation in the issuing and executing country.
Access to a lawyer
In June 2011, a further measure was introduced: a new EUwide right to legal advice. Fair Trials’ cases were again relied on to show the need for these protections. We were delighted with the strength and depth of the proposed new right, which would give enforceable rights to: • inform consular officials, relatives or employers of your arrest; • legal advice and representation at every stage of a case, from arrest to appeal; • sufficient time with a lawyer for suspects effectively to prepare a defence; • a lawyer to attend all interviews and hearings and to visit detainees;
David Penny was arrested in Spain and held in pre-trial detention for two years without being informed of the case or evidence against him. He was eventually cleared of all charges in 2011, four years after his arrest.
For a person arrested thousands of miles from home, consular assistance is a vital public service.
citizens and with states’ shared responsibility to ensure that international standards are enforced.
Effective consular assistance can ensure that people are given a basic understanding of their legal rights and of local criminal justice procedures; help people to identify and appoint a lawyer and receive information on legal aid; and facilitate communication with family and friends.
Over the last year, we have continued to work with Ministries of Foreign Affairs to develop the tools to improve the standards of consular assistance they provide. We have, for example, produced a fair trials checklist for consular officers attending the trials of their nationals. The checklist will be provided to British consular officers all over the world and is being translated into several languages for use by other Ministries of Foreign Affairs.
‘’People are mistaken if they think the Foreign Office can get you out of jail. We can’t, but we will work hard to try and “My brother contacted ensure your safety, and Fair Trials International that you get a fair trial.” who helped me get an interpreter and a Minister for Europe, David Lidington MP lawyer; the consulate did nothing for me. If it hadn’t been for Fair States also have a crucial Trials International and role to play in intervening, where necessary, to ensure my family, I would never that their citizens are not have got home.” subjected to torture and abuse and to ensure that prosecuting countries live up to their other obligations under international law. This is not an affront to state sovereignty. It is compatible with governments’ duties to protect the rights of their
Case Study Alan Rae Alan, a grandfather from Oxford, was arrested in Peru while returning from holiday when his travel companion was found to be carrying drugs. Alan was held in detention for over two years, and for the first year and a half had no legal representation. Fair Trials International identified local lawyers and worked with them and the Ombudsman of the Public Defender´s Office to ensure that Alan was adequately represented and that his evidence was heard. Alan was eventually cleared of all charges on appeal in June 2011. Sadly, that was not the end of his ordeal. Alan’s long-awaited reunion with his family was delayed by six weeks while Peruvian and British authorities tried to arrange the documentation for his return. During this time, Alan was stranded in Lima without proof of his identity, only limited medical assistance and no financial support.
Fair Trials International Annual Review 2011 17
For many of Fair Trials International’s clients, there comes a time when legal options in the country of prosecution come to an end. For them, seeking a prisoner transfer is often the most sensible course of action. Being close to home can make a huge difference for prisoners, who rely on family and friends for the support that is fundamental both to coping with life inside, and to rehabilitation after release. Sadly, many people experience severe delays in obtaining trials and appeals abroad, and the process of seeking a transfer takes well over a year in most cases. Because of the way early release rules work in the UK, this is unfairly extending the time transferred prisoners are spending in custody. Although prisoners sentenced in the UK are released on licence halfway through their total sentence, repatriated prisoners are released halfway through the sentence remaining at the time they are transferred. Delays in getting transferred therefore lead to longer in prison.
£4m Amount the government would save if each prisoner transferred to the UK in 2010 were to be released one year earlier.*
Fair Trials International is campaigning for a fairer sentencing system for prisoners transferred from abroad. Nearly 100 people were transferred to England and Wales in 2010 alone so preventing unjustified detention would have a significant human and financial impact. * A UK prison place costs £45,000 for a single year – Prison Reform Trust
Case Study Patrick Malluzzo (Patrick’s parents pictured) Patrick was arrested in 2004 during a back-packing trip in India after a bag containing cannabis was found under train seats booked under his and another man’s name. Patrick was never on the train where the bags were found and no witnesses have linked him to possession of the bag. He waited over two years for a trial only for it to be a travesty of justice when it took place: he had poor legal representation, could not understand the proceedings and was given no opportunity to give evidence or call witnesses. His appeal took another four years. After seven years in an Indian jail, Patrick’s health had deteriorated so much that he took the difficult decision not to take the case to the Indian Supreme Court. Patrick was transferred to a UK prison on 1 February 2011.
“My family and I have been fighting for justice in India for the last six years – a fight which has taken a serious toll on all of us. I want to return to the UK so that I can be close to my family.” Patrick Malluzzo, on applying for his prisoner transfer
Fair Trials International Annual Review 2011 19
Statement of Financial Activities For the year ended 31 March 2011 Unrestricted Funds (£)
Restricted Funds (£)
Total 2010/11 (£)
Total 2009/10 (£)
Voluntary Income: Donations Grants Investment Income Other Income
124,820 132,349 170 13
149,820 255,324 170 13
101,475 245,885 550 231
Total Incoming Resources
Charitable Activities Cost of Generating Funds Governance Costs
227,774 20,982 7,486
130,234 15,174 2,567
358,008 36,156 10,053
324,862 11,640 7,873
Total Resources Expended
Funds at 1 April 2010
Funds at 31 March 2011
Net Movement in Funds
Trustees’ Statement This financial statement is a summary of information extracted from the full annual accounts approved by the Trustees on 13th June 2011. 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 20 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, 3/7 Temple Chambers, Temple Avenue, London EC4Y 0HP, United Kingdom. Signed on behalf of the Trustees Peter Lipscomb OBE Chair
Balance Sheet At 31 March 2011 2010/11 (£) Fixed Assets Tangible Fixed Assets Current Assets Debtors Cash at Bank and In Hand
Creditors: Amounts due within one year
Net Current Assets
Total Assets less current liabilities
Creditors: Amounts falling due after more than one year
Funds Restricted Funds Unrestricted Funds
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 2011 on which we reported separately as Independent Examiners on 13th June 2011. Hazlems Fenton LLP Fair Trials International Annual Review 2011 21
Fair Trials International is rigorous in keeping its costs down so that as much as possible is spent on charitable work. Sound financial management, the generosity of existing funders, the voluntary support of our Trustees and our network of lawyers and volunteers have all helped to make Fair Trials a successful, sustainable and professionally run charity.
“If it wasn’t for Fair Trials and all their hard work, I feel my case would have turned out very differently. My support will always be with Fair Trials International and everything it stands for.” Edmond Arapi (wanted for a crime he could not possibly have committed) (p9) In 2010/11, Fair Trials International greatly increased its capacity to deliver its charitable work. As a result, expenditure increased by over 15% to £405,000. This was spent on:
Policy and Campaigns (£142,000): In 2010/11, Fair Trials International made great progress with its campaigning work and increased the size of the policy team. This resulted in a growth in the amount spent on this area of work, which accounted for 35% of expenditure in 2010/11. Casework (£140,000): Casework is still at the heart of all of Fair Trials International’s work and accounted for nearly 35% of expenditure. We are able to provide practical advice, including referrals to local lawyers and answers to commonly asked questions, to almost every person who contacts us. Over the last year we provided support to over 400 people. Networks and Training (£77,000): Fair Trials International’s Legal Experts Advisory Panel met three times in 2010/2011. Our third European Young Defenders event (in which 40 young lawyers participated) took place in March 2011. The costs of maintaining our networks accounted for 20% of our expenditure. Fair Trials spent £46,000 on governance and generating funds; 11% of our expenditure.
Policy & Campaigns £142,000
Networks & Training £77,000
Where does Fair Trials International’s funding come from? The charity’s work was funded by money raised from a range of sources: • Donations from our small group of Major Benefactors accounted for 24% of our income, making an enormous contribution to the costs of our casework. • Fair Trials raised 21% of its funding from trusts and foundations, including donations towards casework and restricted grants towards policy and campaigns. • Fair Trials benefited greatly from grants from the European Union, accounting for 38% of income, including restricted grants contributing to the costs of our networks and training. • 17% of Fair Trials International’s funding was raised from the UK legal community, individual donations and a small project grant from the UK Foreign & Commonwealth Office.
We would like to thank, in particular, our Major Benefactors: Mr & Mrs H-P Holinger Mr & Mrs M Hughes Mr & Mrs P Lipscomb Mr & Mrs H Warendorf
Case Study Viswalingam Gopithas
Mr Gopithas, a British father from London, was arrested in 2007 on suspicion of seeking to provide support to the Tamil Tigers in Sri Lanka. He has since been detained without trial for four years. Mr Gopithas is being held under the “Prevention of Terrorism Act”, a controversial security measure that has resulted in sustained criticism of Sri Lanka from the international community for human rights violations. Fair Trials International has filed an application before the United Nations Human Rights Committee challenging his indefinite detention. We have also persuaded the British government to raise with the Sri Lankan authorities its concerns about Mr Gopithas’ treatment in violation of human rights standards.
Fair Trials International Annual Review 2011 23
Next year we estimate that our charitable work will cost approximately £500,000, a 23% increase on 2010/11. The additional expenditure will enable us to build on the success of our policy and campaigns work over the last year by expanding our team of expert staff. We do not charge for any the services we provide and therefore rely on the generosity of our supporters in the following ways: Major Gifts A small number of individuals have already helped Fair Trials greatly, but at least £150,000 needs to be raised over the next three years from major benefactors. This funding is crucial to the continued provision of support to people arrested far from home. Law Firms and Chambers Fair Trials is fortunate to have developed relationships with leading solicitors’ firms and barristers’ chambers. Fair Trials is seeking to build on these relationships to increase the pool of expertise on which it can draw and to raise £40,000 per annum from the legal community. Individual Fundraising Activities Fair Trials has been fortunate to receive donations from individual supporters. This includes money from regular direct debit gifts and from fundraising events.
Trusts and Foundations Fair Trials is seeking to raise around £200,000 each year from charitable trusts and foundations to contribute to our policy and campaigns work as well as our direct casework assistance.
“Without Fair Trials International’s help a good friend of mine would not be here with us today; I am certain of that. Running a marathon was a challenge, but the thought of raising money for people who need it helped me reach the finish line.” Nelly Low (ran the London Marathon, raising nearly £2,000 for Fair Trials) European Commission Fair Trials will continue to seek European Union funding worth approximately £200,000, in particular to contribute to the costs of our networking activities and policy work. Wine Auction On Thursday 24th March, wine generously pledged by Fair Trials International’s supporters was included in an auction of fine wine at Christie’s. We were delighted that the auction, organised by our Chair (Peter Lipscomb OBE), raised a total of £22,500.
Case Study Nicola Hodge In 1988 Nicola, from Glasgow, married an Ecuadorian national (Thomas Thompson). They subsequently moved to Ecuador where they raised four children. Sadly, in 2000, the marriage broke down due to Mr Thompsonâ€™s infidelity. Nicola, who had been diagnosed with cancer, returned to Scotland in May 2008, following the death of her mother. Despite an acrimonious separation, she hoped that her ex-husband would agree to a fair division of the conjugal assets. However Mr Thompson began to pursue an aggressive campaign of litigation, using the Ecuadorian courts to intimidate Nicola so that she would not return to claim her share of the marital home. The legal actions are too numerous to count and Nicola has had at least two criminal convictions imposed (in her absence) and damages of up to four million dollars. It is impossible for Nicola to defend herself, particularly as no papers have been served on her. Fair Trials International has called on the Ecuadorian government to stop their courts being manipulated by a vexatious litigant to intimidate a vulnerable woman. Fair Trials International Annual Review 2011â€ƒ 25
Legal Experts Advisory Panel Fair Trials International’s Legal Experts Advisory Panel (LEAP) has now met nine times to discuss key defence issues such as access to interpreters, the right to information on arrest, extradition, evidence sharing and pre-trial detention. LEAP has met in London, Paris, Cambridge and The Hague. LEAP’s discussions have provided pan-EU expertise to our policy stance on areas where “mutual recognition” instruments like the European Arrest Warrant and the proposed European Investigation Order require stronger safeguards to function fairly. Our joint recommendations, in the form of brief communiqués, are widely distributed to EU policy makers, journalists and other stakeholders. LEAP’s meetings on the European Arrest Warrant have helped us to identify key flaws and make the case for reform. The findings were used to lobby EU and domestic institutions, culminating in a debate at the European Parliament in May 2011. LEAP has also met twice to discuss discrimination against non-nationals in the area of pre-trial detention and our recommendations have influenced an ongoing EU consultation.
The Panel has continued to increase in size, country representation and expertise. There are now over 70 members from 18 EU jurisdictions. We plan to expand the membership further and increase the number of cross-border defence lawyers, so LEAP has at least two expert criminal lawyers for all EU jurisdictions.
“I am honoured to be a member of the LEAP. My attendance at Fair Trials International meetings has proven to be very informative and pleasurable and I look forward to continuing working alongside such experts.” Alexandru Grosu, Romania European Young Defenders Programme In March 2011, Fair Trials International held its third European Young Defenders Training Programme, at Fitzwilliam College, University of Cambridge. 40 young lawyers from across Europe attended the training. Lectures and seminars were conducted by experts in criminal defence on topics including European extradition, evidence gathering in cross-border cases and the
effective use of interpreters and translators. Several LEAP members also attended to help with the training. Through the Young Defenders Network, Fair Trials is helping to build a community of defence lawyers across Europe, committed to securing fair trials in the communities where they practise. This unique practical training adds to the knowledge and skills of lawyers working to defend fair trial rights in cross-border cases. Importantly, it also enables practitioners to share their knowledge and experience of Europe’s diverse justice systems and facilitates the ongoing cooperation between lawyers in different countries which is so crucial in cross-border criminal matters. We would like to thank the following people, all of whom provided training and hands-on assistance during our March Programme: Jan Philipp Albrecht MEP, Theodora Christou, Vania Costa Ramos, Teresa Daniels, Anand Doobay, Mike Evans, Edward Grange, Paolo Iorio, Alan Jones, Dinko Kanchev, Ben Keith, HH Dennis Levy QC, Ellen Moerman, Nuala Mole, Professor Nicky Padfield, Jozef Rammelt, Professor Jon Silverman, Professor John Spencer, Charles Stoddart, Dominique Tricaud, Wouter van Ballegooij, Serena Wylde, Sabine Zanker.
Who we are
Peter Lipscomb OBE Chair
Stephen Jakobi OBE Founder Patron
Jago Russell Chief Executive
Conrad Levy Hon Treasurer
Rt Hon Lord Falconer of Thoroton QC
Priscillia de Corson Legal Caseworker
Lord Goodhart QC
Peter Carter QC
Lord Hodgson of Astley Abbotts
Shona Elliott Communications Officer
Baroness Sarah Ludford MEP
Rt Hon Lord Mackay of Clashfern QC
Tara Lyle Nigel Siederer Professor Jon Silverman Elizabeth Wilmshurst CMG We would like to thank the trustees who resigned this year for their contribution to our work:
Clive Nicholls QC Jozef Rammelt Judith Sargentini MEP Dominique Tricaud Oliver Wallasch Hans Warendorf
Catherine Heard Head of Policy Robert Jackman Fundraiser Mike Kostyn Finance Manager Daniel Mansell Policy Officer Rosalyn Salmon Office Manager Rebecca Shaeffer Legal Caseworker
We would also like to thank those who have moved on over the last year:
Lucy Pedley Holland
HH Dennis Levy QC To whom we are especially grateful for his long-standing commitment to Fair Trials and for having chaired each one of LEAPâ€™s nine meetings so effectively.
Fair Trials International Annual Review 2011â€ƒ 27
Fair Trials International’s work this year was only possible due to the support of a growing number of supporters, volunteers and pro-bono lawyers. The work of Fair Trials International is greatly improved by the valuable contribution made by volunteers, including those who give freely of their time to assist at our weekly evening clinics. We would particularly like to thank the interns that assisted us throughout the year: Joanna Alfaiate Iram Ashraf Kira Chana Sarah Haggenmuller Fleur Hallett Fahad Haque Triona Jacob Kashuf Khan Sasuie Abbas Leghari Cailean MacLean Laura Manson Natasha Mellersh Gabriele Ruberto Jonathan Swain Stuart Withers Alex Woolcott We would also like to thank: Richard Ashdown Karen Bennett Saskia Bennett Dr Katerina Mantouvalou Beheshteh Vahid Babette Warendorf 28 www.FairTrials.net
Fair Trials International would also like to thank everyone who has donated generously to our work, including: A B Charitable Trust, Allen & Overy, AW.60 Charitable Trust, Box Trust, Bromley Trust, Charles Wolfson Charitable Trust, City of London Solicitors’ Company, Clifford Chance, Drapers’ Company, Edwards Angell Palmer & Dodge, Elizabeth Frankland Moore and Star Foundation, Evan Cornish Foundation, Freshfields Bruckhaus Deringer, Garden Court Chambers, George and Esme Pollitzer Settlement, Herbert Smith, J Paul Getty Jnr. Charitable Trust, Joseph Rowntree Charitable Trust, Korman Trust, Launan Charitable Trust, Law Society Charity, Leathersellers’ Company, Marple Charitable Trust, Matrix, Nuffield Foundation, Oak Foundation, Oakdale Trust, Persula Foundation, Poling Charitable Trust, Sigrid Rausing Trust, Tanner Trust, William Grant & Sons.
We would also like to thank the dozens of lawyers across the globe and the UK legal community for their support, including: Allen & Overy, Argent Chambers, Arnold & Porter, 25 Bedford Row, Clifford Chance, Collyer Bristow, Corker Binning, Doughty Street Chambers, Edwards Angell Palmer & Dodge, 39 Essex Street, Freshfields Bruckhaus Deringer, Furnival Chambers, Garden Court Chambers, Great James Street, Herbert Smith, Hogan Lovells, Kaim Todner, Kingsley Napley, Matrix, Oury Clark, Peters & Peters, Three Raymond Buildings, Reed Smith, Sonn Macmillan Walker, Stevens Solicitors, Tooks Chambers and White and Case. A special thanks to all those who pledged wine to the auction: Keith Benham, John Brackenbury, Jamie Dawes, Stuart Fletcher, Corney and Barrow, Hans-Peter and Nicole Holinger, Jane Howard, Martin Hughes, David Hulbert, Stephen Jakobi, Jack Keenan, David Kendall, Peter Lipscomb, Anthony Mair and Manuel de Teves Costa.
To find out more about how to get involved, including how to make a donation, volunteer or organise a fundraising event in your local community please visit www.fairtrials.net Want to Know More? Keep informed about our work by signing up to our monthly e-newsletter at www.fairtrials.net Follow us
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Fair Trials International Annual Review 2011â€ƒ 29
Pictured on front cover (clockwise from left): Andrew Symeou, Edmond Arapi, Michael Turner and Deborah Dark. In early 2011, these four Fair Trials International clients spoke in the UK Parliament about how their familiesâ€™ lives had been torn apart by the inappropriate use of Europeâ€™s fast-track extradition regime.
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