Andrew Symeou - Greece

Andrew Symeou’s case is indicative of problems with Europe’s fast-track extradition system, and is one we have highlighted in our Justice in Europe: The Arrest Warrant campaign.

Andrew’s extradition was sought by the Greek authorities in connection with the tragic death of another young British man at a nightclub in Zante, Greece.

Fair Trials International has grave concerns over the conduct of the police investigation, which was built on mistaken identity, conflicting evidence, and violent intimidation of witnesses.

Despite strong evidence of police misconduct, in May of this year the British High Court ordered Andrew’s extradition to Greece under a European Arrest Warrant. Andrew was extradited to Greece on 23 July 2009. Having been refused bail twice, he remains in prison in Greece.

Background

Andrew Symeou is a 20 year old British student from Enfield, UK. In July 2007, Andrew went on holiday with some friends to Zante, Greece.

In the early hours of 20 July 2007, a young British man (Jonathan Hiles) was punched and fell from an unguarded stage platform in the ‘Rescue’ nightclub in Zante. As a result of the fall, Jonathan Hiles sustained serious head injuries and, tragically, died two days later.

Andrew is adamant that he was not in the night-club at the time of the incident, a claim corroborated by many witnesses.

Flawed Police Investigation

Zante police interviewed a number of witnesses in connection with Jonathan’s death, including a two of Andrew’s friends. According to complaints they made to UK consular officials, police held the men for 8 hours, denying them food and water, and they were beaten, punched, slapped and threatened until they made statements implicating Andrew in Jonathan’s death.

An examination of these statements, which were later withdrawn, reveals them to be recorded word for word. The same police officers were recorded as interviewing different witnesses at the same time, raising further suspicions of evidence fabrication by the police.

These statements also conflict with the voluntary witness statements given to UK police as part of the subsequent coronial inquest into the death Jonathan Hiles. In the Greek version, three men state (word-for-word) they directly witnessed the incident. According to statements made later to UK authorities, the matter was only witnessed by one man who was unable to confirm what the perpetrator looked like.

Five of the victim’s friends, who did witness the incident, describe the perpetrator as tall, blond, clean shaven and wearing a blue polo shirt. Andrew has dark hair and, at the time, had a beard. Photos of him on the night reveal him to have been wearing a yellow t-shirt.

The Arrest Warrant

Despite such serious flaws in the investigation, on 18 June 2008 the Greek authorities issued a European Arrest Warrant seeking Andrew’s extradition to Greece to face trial.

Andrew was arrested by British police at his home on 26 June 2008. In October 2008, the Westminster Magistrates court ordered his extradition to Greece.

Andrew appealed to the High court on the grounds that British courts should refuse to execute a European Arrest Warrant when evidence has been obtained through witness intimidation and police brutality.

Unfortunately, the High court refused his appeal and he was extradited to Greece in July 2009.

Refused Bail in Greece

Upon being extradited to Greece, Andrew was initially refused bail. According to his lawyer in Greece, Andrew would have been granted bail if he was a Greek national.

An appeal of this decision was immediately lodged by Andrew’s legal team. However, as the courts in Greece closed in August for the summer, this appeal was not heard until mid-October. The appeal was denied by the judicial council in Zante, despite the fact that Andrew has a fixed address to reside at in Greece, adding further weight to Andrew's lawyer’s contention that he is being discriminated against because he is a foreign national.

Andrew was charged and extradited before even being questioned by the Greek authorities. He has now spent months behind bars, all the while having had no opportunity to defend himself against the charges.

Fair Trial Concerns

• Prior to a European Arrest Warrant being issued for Andrew, the Greek authorities had yet to take any statement from him. Thus he has had no opportunity to defend himself prior to his extradition.
• Although the Greek authorities could have issued letters of request to the English legal authorities so that Andrew’s evidence could be obtained here under official procedures, this was not done.
• Two of Andrew’s friends were interviewed by Greek Police on 24th July 2007. They were held at the police station for over eight hours, during which time we understand that they were deprived of food and water and beaten, and threatened by police officers until they gave statements implicating Andrew. The boys immediately retracted their statements after leaving the police station. This is corroborated by medical evidence, a statement from the holiday representative and emails from consular officials.
• Zante police officers’ names were shown on the witness statements as holding interviews with different individual witnesses at the same time, further raising suspicions of evidence fabrication by the police.
• The Zante witness statements were recorded word for word. These witnesses later gave statements to South Wales Police that contradicted the Zante statements. It has now emerged that only one witness actually saw the incident: the other witnesses who made statements were in the club at the time and gave evidence about the appearances of people who were also there.
• Statements given by witnesses to Andrew’s solicitor state that he was not in the nightclub at the time of the incident and arrived 3 hours after the confrontation.
• Five witnesses state in their UK statements that they were shown CCTV film of three men hastily leaving the club around the time of the incident, 1.10am. This crucially important CCTV footage is no longer in the case file as evidence.
• If the CCTV footage was still available, it would prove that Andrew and his much larger group entered the club at around 4am, three hours after the incident.
• A witness to the incident described Mr Hiles’ attacker as tall and blonde with scarred skin. This is a poor match for Andrew, who is black-haired and had a beard at the time.