Defending the rights of people facing charges outside their own country

“”

To be tried fairly is important when you are tried at home. It is farmore important when you are faced with a trial in a jurisdictionwhich is foreign to you. Fair Trials International is to becongratulated and supported in its efforts .

Rt Hon the Lord Woolf,

Lord Chief Justice of England and Wales 2000-2005

Working for fair trials and defending the rights of peoplefacing charges in a country other than their own.

Imagine that you are arrested in a foreign country. You don’t speakthe language, you have no idea of your rights and you areimprisoned far from home.

Fair Trials International is the only charity that helps people in thisterrifying predicament. Since FTI was established in the 1990s, wehave helped hundreds of people to defend their right to a fair trialoutside their own country and have secured the release of victims ofmiscarriages of justice across the globe.

FTI believes everyone has the right to a fair trial, wherever they arein the world. We believe respect for fundamental rights and the ruleof law are the hallmarks of a civilised society and that the right to afair trial is at the heart of this.

With the support of a group of individual donors, trusts, foundationsand the legal community, FTI will continue to fight individual casesof 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 andcircumstances have impressed us all.”

Teacher of two schoolgirls arrested in Ghana

“Without FTI, there would be no rescue for the innocentabroad, trapped in a Kafkaesque nightmare. I am delighted athow the organisation has continued to develop and have greathopes for the future.”

Stephen Jakobi OBE (Founder Patron)

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 EventsManager)

Tom Tyler (Fundraising Assistant)

Mike Kostyn (Accountant)

FTI’s small staff team issupported by a globalnetwork of lawyers and agrowing number of internsand volunteers.

Fair Trials International is responding to growing demandfor its help and fighting the root causes of injustice.

Many more people are now travelling abroad, often further afield. Asa result, the number of people arrested in a foreign country and thelegal challenges they face are growing. Every year more people arecontacting FTI for help.

The political response to 9/11 and 7/7 has created new challenges.Traditional barriers to extradition have been dismantled, creating amassive increase in the number of people being sent abroad to facetrial. Of course states must cooperate to tackle cross-border crime,but FTI is encountering cases where the laws designed to protect ushave been used indiscriminately or in a disproportionate manner.Many citizens have become the victims rather than the beneficiariesof the law.

“My trial in Portugal was branded “unfair” by a British courtand described as a “farce” by a police officer but I am stillbeing separated from my six children and sent to serve a twoyear sentence. I’m not the first innocent victim of Europe’sextradition system and, unless it’s improved, I won’t be thelast.”

Garry Mann, facing extradition to Portugal

Meeting the Challenge

FTI understands the root causes of injustice in cross-border casesbetter than anyone else. To tackle these FTI is:

• Campaigning for a fairer system of extradition, based on respectfor fundamental rights and the rule of law;

• Lobbying for legal reform in the European Union so that everyonehas the right to a translator, to basic information on their rightsand to legal assistance; and

• Working to build on FTI’s global network of lawyers committed todefending fair trials in cross border cases.

FTI has enlarged its core staff team and is supported by a growingpool of volunteers. We can now respond to more requests forassistance and are doing more to fight the most serious cases ofinjustice.

“I have huge admiration for Fair Trials International and greatpride in being associated with it.”

Baroness Sarah Ludford MEP (Patron)

The Challenge

Through its “Justice inEurope” campaign, FTI ishelping to ensure thatfundamental rights and therule of law are at the heartof EU criminal justice policy.

We believe Europe shouldwork together to improvefair trial rights; not toundermine them.

The European ArrestWarrant was designed todeliver swift justice but it isalso causing serious casesof injustice. We arecampaigning for reform sothat it cannot be used toextradite people for minoroffences or in cases where afair trial is impossible.

We are also working to buildsupport for new laws toimprove standards of justiceacross Europe. FTI’s owncases (about half of whichare in the EU) leave us in nodoubt that this isdesperately needed.

www.fairtrials.net

Greek Plane Spotters (Greece, 2001 to 2002): In November 2001 agroup of twelve British and two Dutch plane spotters were arrestedafter taking notes during an open day at a Greek Air Force base. TheGreek authorities, refusing to recognise plane-spotting as a hobby,charged all fourteen with espionage.

After being held for six weeks, they were eventually released onbail. FTI had publicised their case and this led to widespread publicoutrage at their treatment. After returning to Greece to face trial theywere stunned to be found guilty.

All of the plane spotters appealed and thirteen men and womenreturned to Greece for the appeal. Thanks to our legal interventionsand in the face of sustained public pressure for justice, the Greekcourts overturned their convictions.

“I’m pleased, very pleased. It is a vindication of what we havesaid all along. The judges have listened to the evidence andunderstood 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 inFrance in 1989 on suspicion of drug-related offences. After monthsin prison she was vindicated. The court cleared her of all chargesand 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 courtsentenced Deborah to six years’ imprisonment. Deborah knewnothing about this until eighteen years later.

In 2008 Deborah was arrested in Spain on the way back from afamily holiday. France had issued a European Arrest Warrant againsther. FTI helped Deborah to find a Spanish lawyer who was able topersuade the Spanish courts that it would be unjust to extradite her.

Sadly, Deborah’s ordeal continued. On arrival back in the UK, shewas arrested again. FTI supported her through another legal battle.Although the British courts also refused the extradition, FTI is stillworking 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 inFrance. I wouldn’t be able to look after my grandchildren andwatch them grow up.”

Deborah Dark

Since its first case in 1992,people facing criminal chargesall over the world have beenseeking FTI’s help.

All too often FTI encounterspeople imprisoned for monthsor years before their trial evenstarts, who are ignorant of theirrights and have no access to alawyer or interpreter.

Every year FTI provides advice,information and referrals tohundreds of people facingchallenges like these.

At any one time we are activelyfighting about fifty of the mostserious cases of injustice: wherethere is compelling evidence ofa miscarriage of justice, wherefundamental fair trial rights havebeen denied and whereparticularly vulnerable peopleare involved.

In these cases:

• FTI works with its internationalnetwork of lawyers to fight forbasic rights to be respected inlocal courts;

• FTI makes pardon applicationsand takes cases tointernational courts; and

• FTI launches public campaignsto exert public and politicalpressure for justice at homeand abroad.

Supporting People in their Fight for Justice

Patrick Malluzzo (India, 2004 and ongoing): In October 2003, 30 yearold Patrick Malluzzo went to India on a backpacking trip. Two monthslater the Indian police found cannabis in a bag carried by a manPatrick had met in India. Patrick was arrested despite compellingevidence the bag did not belong to him and even though he washundreds of miles away when it was seized.

Patrick has reported that Indian police stripped him naked andshackled him to a chair while cigarettes were used to burn him andpliers were used on his genitals. He was sentenced to ten years’imprisonment after a grossly unfair trial: he was forced to make atelevised confession; the proceedings were held in Hindi which hedid not understand; and key defence evidence was ignored.

Patrick has now been held in an Indian prison for nearly six yearswhere he shares a cell with 54 other inmates. Since we learned ofthe case in late 2007, we have brought together a team of defencelawyers in India and the UK to prepare Patrick’s appeal. We willcontinue to campaign for Patrick’s release and safe return to the UK.

“We miss our larger than life son so much and are praying forthe day we are reunited as a family. Without FTI we don’t knowwhether 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 18years old when he travelled to Turkey to watch Liverpool FC play inthe Champions League final in 2005. On the way back he stopped inBulgaria. During his stay, a local man was viciously attacked in anincident involving English football fans. Michael was arrested.

FTI travelled to Bulgaria to observe Michael’s trial and was shocked bywhat it witnessed: the court relied on seriously flawed identificationevidence; refused to consider the fact that another person hadconfessed 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 thePresident refused to grant a pardon, Michael was transferred to a UKprison. FTI then supported Michael’s application for a pardon fromthe Justice Secretary – the only way of righting this miscarriage ofjustice. After a long fight, in September 2009 Jack Straw concludedthat Michael was innocent and pardoned him.

“Jack Straw has pardoned Michael Shields, but many othermiscarriages of justice need his attention.... That excellentcharity Fair Trials International has long campaigned forShields's release and it has a number of other similar cases onits books.”

Duncan Campbell, The Guardian, 9 September 2009

Legal Networks

For over a decade FTI has beenworking with lawyers across theglobe. The network FTI hasdeveloped is one of its greatestassets. FTI can refer people indesperate need of legalrepresentation to experiencedlawyers who have knowledge ofthe local legal system.

In the last two years FTI hasdeveloped two new networks:

• Our Legal Experts’ AdvisoryPanel meets three times a yearand brings togetherexperienced practitioners,NGOs and academics fromacross Europe.

• Through our Young DefendersNetwork programme we havenow provided training to overone hundred human rightsdefenders from across the EU.

“FTI’s Young Defendersprogramme is building acommunity of lawyers acrossEurope whose eyes havebeen opened to the secrets ofinternational law and whohave the tools to fight for fairtrials.”

Avv Paolo Iorio, FTI Patron and Young

Defenders Network Trainer

Read more about these cases andmany more at

www.fairtrials.net

FTI is rigorous in keeping its costs down so that as much as possibleis spent on our charitable work. Sound financial managementtogether with the generosity of our existing funders and thevoluntary support of our Trustees and network of lawyers have madeFTI a successful, sustainable and professionally run charity, able tocarry out its work for approximately £340,000 per year. This sum isrequired 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 tocampaign for justice in an individual case.

Policy, Campaigns and Research (£105,000)

We conduct innovative research in order to identify the genericcauses of injustice in cross-border cases and tackle these throughour policy work and lobbying. Our current Justice in Europecampaign, for example, is seeking improvements to Europe’s fast-track extradition system and better guarantees of fair trial rights inEuropean jurisdictions.

Networks and Training (£75,000)

FTI’s Advisory Panel includes legal experts from across theEuropean Union. It meets 3 times a year and informs FTI’s EU justicepolicy. As part of its Young Defenders Network Programme FTIorganises week-long residential training courses for junior defencelawyers from across Europe.

We spend £30,000 per annum on other activities includinggovernance, financial management and fundraising.

Where does our money come from?

• We have greatly benefited from the generosity of two donors wholast year donated 30% of our income. Their donations will,however, soon come to an end and we need to widen the pool ofpeople 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. Thisamounted to 30% of our income last year.

• In 2008/09 we raised the remaining 10% of our income from thelegal community and smaller individual donations.

Fair Trials International’s accounts can be found atwww.charitycommission.gov.uk

Fair Trials International – finance

Expenditure summary

Casework £130,000

Policy and Campaigns £105,000

Networks and Training£75,000

Other £30,000

FTI relies heavily on pro-bonoand financial support from the UK legal community,including: 3 RaymondBuildings, 18 Red Lion Court,25 Bedford Row, Allen &Overy, Arnold Porter, CliffordChance, Doughty Street,Edwards Angell Palmer &Dodge, Essex Court,Freshfields BruckhausDeringer, Garden Court,Garden Court North, GreatJames’ Street, Hallinans,Herbert Smith, Hickman Rose,Kaim Todner, Leigh Day, LewisNedas and Oury Clark.

Fair Trials International has no investment income and noguaranteed source of funding. One of FTI’s key priorities is todevelop financial sustainability over time.

We are seeking to build on the generosity of our existing supportersin the following ways:

1. Major Gifts A small number of individuals have already helped usgreatly but we need to raise at least £300,000 over the next threeyears from major benefactors. With this we will:

• Provide a lifeline to hundreds of people and fight miscarriagesof justice all over the world.

• Campaign for a fairer system of extradition within the EU andfor legal guarantees of fair trial rights. By 2012 we can make asignificant impact on EU justice by working with our partnersacross Europe and with our clients to show the human cost ofinjustice.

2. Law Firms and Chambers Justice and the rule of law are at theheart of FTI’s work and underlie all legal practice. FTI is fortunateto have developed relationships with leading solicitors’ firms andbarristers’ chambers. They provide generous financial support toFTI and their lawyers give freely of their time and expertise.

We are seeking to build on these relationships; to increase thepool of expertise on which we can draw and to raise £40,000 perannum from the legal community.

3. Individual Fundraising Activities We have been fortunate to receivedonations from people who have undertaken personal fundraisinginitiatives, both large and small. We are developing the tools tohelp people support us with their personal efforts (from runningmarathons 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 yearfrom charitable trusts and foundations to cover the costs of ourresearch and policy work. We are also seeking £30,000 each yearto contribute to the costs of our casework and campaigns.

5. European Commission We will continue to seek funding worth inthe region of £100,000 each year from the European Commission.In particular, over the next three years, the Commission is makinga significant contribution to the costs of our work to maintain ournetworks of legal experts across Europe.

Fundraising

“I became the Chairmanand a major donor of FairTrials Internationalbecause I believeeveryone has the right toa fair trial wherever theyare in the world. Thischarity is making a hugedifference to the lives ofmany vulnerable peopleand fighting gravemiscarriages of justice. Ihope others will feel ascommitted to this causeas I am.”

Peter Lipscomb OBE,Chairman of Fair Trials

International

Major Benefactors’ Group

We are looking to form asmall group, ‘The MajorBenefactors’ Group’, eachbenefactor donating £5,000or more and making regularcontributions. We havealready received a donationworth in excess of £30,000and each member of theBoard of Trustees haspledged to support FTI’sfundraising efforts.

Major Benefactors will beregularly informed ofdevelopments at Fair TrialsInternational, will be invitedto visit our offices to meetour staff and discuss ourwork and invited to annualevents to see the impact FTIis having thanks to theirsupport.

www.fairtrials.net

I would like to know moreIf you are interested in finding out more about anythingmentioned in this brochure, please contact Jago Russell,Chief Executive at Fair Trials International; send an email tojago.russell@fairtrials.net or telephone 020 7762 6400

Fair Trials International

59 Carter Lane,London, EC4V 5AQUnited KingdomTel: +44 (0)20 7762 6400Fax: +44 (0)20 7762 6401www.fairtrials.net

A Charity registered in England and Wales (number 1079079) Des

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