Friday, December 30, 2011

Greek justice and the EAW...


I have commented often about the outrageous European Arrest Warrant, but rather to my surprise a number of people here actually supported it.

So here is an account of the consequences that can occur when it is used by s corrupt foreign Government to drag British citizens away to their kangaroo courts. I stumbled across it in my archives and have forgotten the origin.

In August 1999 two British citizens, Michael Tonge and Lee Yarrow, went on holiday to Crete. They were returning to their villa one night when Michael alleges he was attacked by a group of local youths. During the struggle members of the gang sustained minor injuries and Michael was stabbed. The pair managed to get away and returned to their apartment. Police arrived shortly after with about 20 local youths.

Michael and Lee were arrested while the youths ransacked their apartment and allegedly took several of their belongings. The police stood by and watched. During a five to six hour police interrogation Michael and Lee were punched, slapped and threatened with death unless they admitted their guilt. They were told to sign statements in Greek (a language they did not understand), no lawyer was present and they were not allowed access to a doctor despite their injuries and Michael needing stitches. After four days Lee was released on bail, but Michael was kept in custody where he claims that he suffered further ill treatment at the hands of the Greek police. Michael reported that he was beaten, kicked, flogged with a rope, and denied food and medical treatment for his injuries.

Michael’s allegations led Amnesty International to call for a ‘prompt, thorough and impartial investigation’ into the mistreatment.  Despite this international concern it appears that no such investigation took place. Michael and Lee were both charged with attempted murder. After four months on remand Michael was released on bail and returned to the UK. In January 2001 Michael and Lee were summoned to stand trial for attempted murder and lesser charges relating to the incident. With the summons they received a letter from the Home Office stating that under UK law they were not obliged to comply with the warrant. Michael and Lee sought legal advice and decided not to return to Crete, fearful that if they did so they would be subjected to further ill treatment and not be afforded a fair trial. Michael and Lee were tried and convicted in their absence for the lesser offences in June 2005.

On the 21st June 2005, 6 years after the original incident, the Greek government issued a European Arrest Warrant seeking the extradition of Michael and Lee to Greece to stand trial for the outstanding attempted murder charges. The matter was heard at City of Westminster Magistrates’ Court15 on the 4th October 2006 and granted the extradition request despite the evidence of police abuse at the time of the original incident and the pair’s fears that they would suffer similar abuse if returned to stand trial. An appeal to the Court of Appeal was unsuccessful, and within ten days Michael and Lee were handed over by the British authorities to the Greek police in December 2006.

Following a trial in May 2007, Michael was found guilty of a "misdemeanour" and sentenced to three-and-a-half years. Lee had charges against him dropped, and was able to return home. After an appeal, and with time spent on remand taken into consideration, also Michael was to be released some months later.

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