ANNUAL REVIEW 2011-2012

2  www.FairTrials.net

Front cover  (from top-left clockwise)

Graham Mitchell Read about Graham’s Portugese extradition ordeal. Interview on pages 6–7.

Benny Wenda Read about Benny’s fight  to remove a politically-motivated Interpol red notice from Indonesia. Interview on  page 17.

Natalia Gorczowska Read how Natalia fought extradition to Poland.  Interview on page 11. Muhammad Geloo Read about Muhammad’s  five-year ordeal in Saudi Arabia. Interview on pages 26–27.

Credits

Photographs: David Thomson  Design: Pretty.co.ukPrint: Dayfold 

Registered with limited  liability in England and Wales Nº 7135273 

Registered charity Nº 1134586

Working for a world where every person’s right to a fair trial is respected, whatever their nationality, wherever they are accused

 Fair Trials International Annual Review 2012  1

Contents

Chair’s Foreword 2Chief Executive’s Report 3Direct Assistance 6Strategic Priorities 8European Defence Rights 10Extradition Reform 12Interpol 14Pre-Trial Detention 16Consular Assistance 18Finance 20Accounts 22Networks 26Who We Are 27

2  www.FairTrials.net

 Fair Trials International Annual Review 2012  3

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s

something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.

Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

Graham Mitchell Interview

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.

4  www.FairTrials.net

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

 Fair Trials International Annual Review 2012  5

the teeth; I was confused and very, very frightened.

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

Graham Mitchell Interview

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in

I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family

6  www.FairTrials.net

Graham Mitchell Interview

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.

 Fair Trials International Annual Review 2012  7

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that.

Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”

8  www.FairTrials.net

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.

Graham Mitchell

 Fair Trials International Annual Review 2012  9

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country.

You have the language barrier, completely different legal system; it’s something you

know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and

things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my

“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”

“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”

10  www.FairTrials.net

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.

Interview

“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”

 Fair Trials International Annual Review 2012  11

and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware

about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties

“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”

12  www.FairTrials.net

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.

Graham Mitchell

 Fair Trials International Annual Review 2012  13

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem.

You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they

visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.

Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

Interview

“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”

“I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.”

14  www.FairTrials.net

Graham Mitchell

“”

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.

 Fair Trials International Annual Review 2012  15

Interview

I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.

Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

16  www.FairTrials.net

Graham Mitchell

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.

I don’t feel that I can ever travel abroad again –

which is not only unfair on me, but also

unfair on my family.

“”

 Fair Trials International Annual Review 2012  17

Interview

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem. You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them

– they see a police car in the road, and they visibly

stiffen. My son is still very worried and often

asks ‘will the police take you away if

they speak to you again?’

“”

Interview

18  www.FairTrials.net

Graham Mitchell

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.

I don’t feel that I can ever travel abroad again –

which is not only unfair on me, but also

unfair on my family.

“”

 Fair Trials International Annual Review 2012  19

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you?

Interview

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language

barrier was the main problem.

You are a carer to your

two step-children – how hard it was to

tell them what you faced?

“”

Interview

20  www.FairTrials.net

Graham Mitchell

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

What went through your mind when police officers came to your door with a European Arrest Warrant?

When the police sat down and said there’s a warrant issued by Portugal for your arrest for first degree murder, as soon as he said Portugal, I don’t remember an awful lot afterwards. It was a real kick in the teeth; I was confused and very, very frightened.

I don’t feel that I can ever travel abroad again –

which is not only unfair on me, but also

unfair on my family.

“”

 Fair Trials International Annual Review 2012  21

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend. Do you feel that you are able to finally put this ordeal behind you?

Interview

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language

barrier was the main problem.

You are a carer to your

two step-children – how hard it was to

tell them what you faced?

“”

Interview

22  www.FairTrials.net

Graham Mitchell

I don’t feelthat I can

ever travelabroad again –

“”

 Fair Trials International Annual Review 2012  23

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem.

You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.

Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were

told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

“”

My son is still very worried and often asks ‘will the police take you away if they speak to you again?

24  www.FairTrials.net

Graham Mitchell

unfair onmy family

I don’t feelthat I can

ever travelabroad again –

“”

INTERVIEW

interview i

which is not only

but alsounfair on me,

Graham was arrested in March 2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

 Fair Trials International Annual Review 2012  25

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.

Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

Interview“”

What sticks in your mind from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem.

You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

My son is still very worried and often asks ‘will the police take you away if they speak to you again?

26  www.FairTrials.net

raham was arrested in March

2012 following an EAW request from Portugal. There is more information on his case in the Chief Executive’s report (page 3).

Graham Mitchell

unfair on my family

I don’t feelthat I can

ever travelabroad again –

“”

INTERVIEW

interview

which is not only

but alsounfair on me,

 Fair Trials International Annual Review 2012  27

What do you think helped you the most throughout your ordeal?

When someone gets into trouble with authorities abroad, it’s not like getting into trouble in your own country. You have the language barrier, completely different legal system; it’s something you know nothing about. It’s difficult to speak to people who aren’t aware about the differences in cultures, the laws, and things like that. Without Fair Trials International, you couldn’t cope – no one could – without your expertise and the expertise of the legal people you recommend.

Do you feel that you are able to finally put this ordeal behind you?

We’re obviously elated that the EAW is not hanging over us, but the mind goes back to 1996 when we were told that it was all over the first time. I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family – because such is my worry that this can happen again, even though the Portuguese say the statute of limitations has passed. I’ve tried to get back to work, but my mind hasn’t been in it – I just don’t feel comfortable. It took 18 years to put the feeling of hopelessness from the original trial behind me. I still suffer flashbacks from my time in prison in Portugal – and the EAW has basically set me back another 18 years.

Interview

I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.

“”What sticks in your mind

from your original trial?

The trial was very theatrical; there was a great sense of drama to it. It was all carried out in Portuguese – it was very frightening and very difficult to understand. We had a translator, but she was in between us and the Judge’s bench. The speed of the Portuguese language made it very difficult for her to pick everything up. The language barrier was the main problem.

You are a carer to your two step-children – how hard it was to tell them what you faced?

The kids were aware that I was leaving with the police, so it fell to my wife to break the news. I tried my best to reassure them. Both the kids have varying degrees of learning difficulties and mental health issues. It’s an ongoing situation with them – they see a police car in the road, and they visibly stiffen. My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

My son is still very worried and often asks ‘will the police take you away if they speak to you again?’

28  www.FairTrials.net

Graham Mitchell INTERVIEW

 Fair Trials International Annual Review 2012  29

I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.

30  www.FairTrials.net

Graham Mitchell INTERVIEW

 Fair Trials International Annual Review 2012  31

I don’t feel that I can ever travel abroad again – which is not only unfair on me, but also unfair on my family.

32  www.FairTrials.net

Muhammad Geloo Interview

What do you most remember from your trial in Saudi Arabia?

“I was blindfolded, shackled, and handcuffed from the point at which they removed me from my cell until I arrived at the court room. I remember vividly saying to the judge that the confessions were acquired through torture, but he simply said that as I had confessed I would have to bear the punishment. The hearing took a matter of minutes, and I had no lawyer at all.”

What kept you going throughout your detention?

“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”

Can you describe the first thing you did when you got back home?

“I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”

How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same?

“There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”

It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me.

Muhammad Geloo

 Fair Trials International Annual Review 2011  33

Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.

34  www.FairTrials.net

Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.

What do you most remember from your trial in Saudi Arabia?

“I was blindfolded, shackled, and handcuffed from the point at which they removed me from my cell until I arrived at the court room. I remember vividly saying to the judge that the confessions were acquired through torture, but he simply said that as I had confessed I would have to bear the punishment. The hearing took a matter of minutes, and I had no lawyer at all.” What kept you going

throughout your detention?

“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”

Can you describe the first thing you did when you got back home?

“I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”

How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same?

“There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”

Muhammad Geloo Interview

 Fair Trials International Annual Review 2011  35

It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me.

Muhammad Geloo

36  www.FairTrials.net

What do you most remember from your trial in Saudi Arabia?

“I was blindfolded, shackled, and handcuffed from the point at which they removed me from my cell until I arrived at the court room. I remember vividly saying to the judge that the confessions were acquired through torture, but he simply said that as I had confessed I would have to bear the punishment. The hearing took a matter of minutes, and I had no lawyer at all.” What kept you going

throughout your detention?

“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”

Can you describe the first thing you did when you got back home?

“I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”

How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same?

“There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”

Muhammad Geloo Interview

Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.

 Fair Trials International Annual Review 2011  37

It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me.

Muhammad Geloo

38  www.FairTrials.net

“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“

“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“

“I was blindfolded, shackled, and handcuffed”What kept you going throughout your detention?“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”

Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”

How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”

Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.

 Fair Trials International Annual Review 2011  39

It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me.

Muhammad Geloo

40  www.FairTrials.net

“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“

“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“

“I was blindfolded, shackled, and handcuffed”What kept you going throughout your detention?“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”

Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”

How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”

Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.

 Fair Trials International Annual Review 2011  41

It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me.

Muhammad Geloo

42  www.FairTrials.net

“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“

“I was blindfolded, shackled, and handcuffed”

“I was blindfolded, shackled, and handcuffed”

What kept you going throughout your detention?“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”

Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”

How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”

Muhammad Geloo

Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.

 Fair Trials International Annual Review 2011  43

It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me.

Muhammad Geloo

44  www.FairTrials.net

“I was blindfolded, shackled, and handcuffed from when they removed me from my cell until I arrived at the court room“

“I was blindfolded, shackled, and handcuffed”

“I was blindfolded, shackled, and handcuffed”

What kept you going throughout your detention?“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”

Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”

How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”

Muhammad Geloo

Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.

 Fair Trials International Annual Review 2011  45

It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me.

Muhammad Geloo

46  www.FairTrials.net

“I was blindfolded, shackled, and handcuffed”What kept you going throughout your detention?“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.”

Can you describe the first thing you did when you got back home? “I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”

How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same? “There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”

Muhammad Geloo

Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.

“”

 Fair Trials International Annual Review 2011  47

“I was blindfolded, shackled, and handcuffed”

It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me.

Muhammad Geloo

“”

48  www.FairTrials.net

Muhammad Geloo Interview

Muhammad Geloo was arrested in Saudi Arabia, where he was studying Arabic, in November 2006. He has reported that he was tortured until he confessed to giving £300 to a fellow student supporting the insurgency in Iraq. Muhammad never saw a court judgment but believes he was convicted of a criminal offence after a grossly unfair trial lasting minutes. After a long campaign by Fair Trials International and Muhammad’s family, he was finally released in January 2012.

What do you most remember from your trial in Saudi Arabia?

“I was blindfolded, shackled, and handcuffed from the point at which they removed me from my cell until I arrived at the court room. I remember vividly saying to the judge that the confessions were acquired through torture, but he simply said that as I had confessed I would have to bear the punishment. The hearing took a matter of minutes, and I had no lawyer at all.”

What kept you going throughout your detention?

“The only thing that makes things worse while you’re in prison is worrying. Whatever is going to happen will happen anyway, and so the more you worry, the more the guards will have achieved their goals. It was a great help to know that I had so much support back at home from my family and from Fair Trials and I also used to think of the people that are worse off than me. That’s what keeps you going and keeps you mentally stable until your release.” Can you describe the first thing you did when you got back home?

“I was welcomed by relatives, and my phone was so busy we had to just switch it off in the end! I hadn’t slept for a couple of days and it was just getting too much, so my family informed people that I was resting. Getting phone calls from all over the world; from friends and relatives; it was just moments that I won’t ever forget.”

How did you adjust back to life in the UK after five years away, and do you have advice to people trying to do the same?

“There was a lot of support from my family and my community, which has helped with getting things back to normal. My advice to others is that whatever has happened has happened, and you shouldn’t let the past disrupt what your plans for the future are. It’s when you let the past overcome you, that’s when you get other problems like depression, so you should get on with your life and use your experience to benefit people.”

 Fair Trials International Annual Review 2011  49

50  www.FairTrials.net

Interpol is the largest international policing organisation, with 190 member countries and a budget of approximately €60m. It is best known for issuing red notices: international wanted person alerts published on its electronic network at the request of its members.

Red notices can have a devastating human impact. In some countries, a person with a red notice is automatically arrested, detained and sometimes extradited. This can happen without a proper judicial process or any right of challenge. 

Threats like these can make it impossible to travel for fear of what will happen at the border. Red notices published on Interpol’s website also destroy reputations. The people subject to them are labelled

“international criminals” and often have their bank accounts closed and lose their livelihoods.

Even though some of Interpol’s member countries are known human rights abusers and notoriously corrupt, Interpol has no effective mechanisms to prevent countries, or even individual prosecutors, abusing the red notice system. As a result countries have used red notices, not as a legitimate crime-fighting tool, but to target exiled dissidents, activists and journalists.

People in this situation have no independent court they can turn to for redress. Their only option is to appeal to the Commission for the Control of Interpol’s Files, which oversees Interpol’s activities. You have no right to a hearing, no opportunity to respond to allegations against you and will be given no reasons for the decision reached. Even if the Commission concludes that a red notice is inaccurate or abusive, it can only recommend its removal.

In 2012 we met with members of the Commission and with Interpol’s General Secretariat to discuss our concerns. We are very grateful for their willingness to engage with us to help us identify improvements that could be made to insulate Interpol from abuse and give effective recourse to people affected by inappropriate red notices without undermining the organisation’s effectiveness.

7,678 Red Notices were issued by Interpol in 2011

– a 21% increase from 2010

We believe two reforms are needed: (i) better internal controls so that Interpol can identify potentially abusive red notice requests before the information is circulated across the globe; and (ii) the creation of an independent body, bound by basic rules of due process and transparency, to give affected individuals a chance to challenge red notices.

Interpol

 Fair Trials International Annual Review 2012  51

Case Study Benny Wenda 

Benny Wenda was given asylum in the UK in 2002 after he fled Indonesia, where he had suffered persecution, death threats and a politically-motivated prosecution due to his peaceful activism for the independence of West Papua from Indonesia.  

He has continued his campaign in exile. As the profile of Benny’s advocacy has grown, so too have the Indonesian Government’s attempts to undermine him. The country used Interpol to publish a red notice against Benny. The notice related to the same politically-motivated charges from which Benny had fled over 10 years ago. The red notice meant he was no longer safe to travel to attend campaign meetings and meet other West Papuan refugees. 

We publicised Benny’s case and made an application to Interpol’s data protection body, the Commission for the Control of Interpol’s files, arguing that his red notice is politically-motivated. Interpol has now recognised that Indonesia has abused Interpol’s systems and the red notice has been removed.

52  www.FairTrials.net

Interpol is the largest international policing organisation, with 190 member countries and a budget of approximately €60m. It is best known for issuing red notices: international wanted person alerts published on its electronic network at the request of its members.

Red notices can have a devastating human impact. In some countries, a person with a red notice is automatically arrested, detained and sometimes extradited. This can happen without a proper judicial process or any right of challenge. 

Threats like these can make it impossible to travel for fear of what will happen at the border. Red notices published on Interpol’s website also destroy reputations. The people subject to them are labelled

“international criminals” and often have their bank accounts closed and lose their livelihoods.

Even though some of Interpol’s member countries are known human rights abusers and notoriously corrupt, Interpol has no effective mechanisms to prevent countries, or even individual prosecutors, abusing the red notice system. As a result countries have used red notices, not as a legitimate crime-fighting tool, but to target exiled dissidents, activists and journalists.

People in this situation have no independent court they can turn to for redress. Their only option is to appeal to the Commission for the Control of Interpol’s Files, which oversees Interpol’s activities. You have no right to a hearing, no opportunity to respond to allegations against you and will be given no reasons for the decision reached. Even if the Commission concludes that a red notice is inaccurate or abusive, it can only recommend its removal.

In 2012 we met with members of the Commission and with Interpol’s General Secretariat to discuss our concerns. We are very grateful for their willingness to engage with us to help us identify improvements that could be made to insulate Interpol from abuse and give effective recourse to people affected by inappropriate red notices without undermining the organisation’s effectiveness.

7,678 Red Notices were issued by Interpol in 2011

– a 21% increase from 2010

We believe two reforms are needed: (i) better internal controls so that Interpol can identify potentially abusive red notice requests before the information is circulated across the globe; and (ii) the creation of an independent body, bound by basic rules of due process and transparency, to give affected individuals a chance to challenge red notices.

Interpol

 Fair Trials International Annual Review 2012  53

Case Study Benny Wenda 

Benny Wenda was given asylum in the UK in 2002 after he fled Indonesia, where he had suffered persecution, death threats and a politically-motivated prosecution due to his peaceful activism for the independence of West Papua from Indonesia.  

He has continued his campaign in exile. As the profile of Benny’s advocacy has grown, so too have the Indonesian Government’s attempts to undermine him. The country used Interpol to publish a red notice against Benny. The notice related to the same politically-motivated charges from which Benny had fled over 10 years ago. The red notice meant he was no longer safe to travel to attend campaign meetings and meet other West Papuan refugees. 

We publicised Benny’s case and made an application to Interpol’s data protection body, the Commission for the Control of Interpol’s files, arguing that his red notice is politically-motivated. Interpol has now recognised that Indonesia has abused Interpol’s systems and the red notice has been removed.