EuroMoS

Fair Trials – Newsletter April 2010

The European Court of Human Rights has refused to use its exceptional powers to protect Garry Mann from extradition to Portugal under a European Arrest Warrant. As a result, Garry will be extradited within the next few days if a final challenge in the UK courts fails. On hearing of the decision, Garry said: “The Portuguese and the British Crown Prosecution Service should not be embarrassed but ashamed of their actions … Whichever party gets into office they have to review the European Arrest Warrant. Too late for me and my family but maybe hope for the next English citizen faced by this nightmare.”

Garry is wanted to serve a 2 year sentence imposed following a trial in Portugal in 2004 previously described by a British court as “so unfair as to be incompatible with Garry’s right to a fair trial.” A British police officer who was present at the trial has described it as a “farce.” Garry has no right to appeal his conviction or sentence in Portugal. He would leave behind 6 children in the UK. In the most recent hearing in the UK, challenging Garry’s extradition, Lord Justice Moses called Garry’s case “an embarrassment” to both Portugal and the UK and stated he “cannot believe that anyone wants to see this man go to jail.”

Despite sustained criticism of Garry’s treatment, UK courts have failed to protect him from extradition and to consider material evidence that his extradition would amount to a flagrant denial of his right to a fair trial. In light of this, emergency applications were filed at the ECHR in March to request a stay of extradition until the Strasbourg Court has had a chance to fully examine the legality of his treatment by British and Portuguese courts. The Court’s refusal to do so means that his fair trial violations could go without redress.

Read more about the case of Garry Mann here