Patrick Malluzzo - India

Since 2007 Fair Trials International has been involved in the case of Patrick Malluzzo who is presently detained in Kota Central Jail in India.

In 2006 Patrick was sentenced to 10 years in prison and fined 100,000 rupees under the Narcotic Drugs and Psychotropic Substances Act 1985.~

After subjecting Patrick Malluzzo to a four year wait before hearing his appeal, the High Court of Rajasthan upheld his conviction on 23rd February 2010.

Patrick's appeal was delayed and defered repeatedly and was only heard after more than half of his original 10 year sentence had been served. The reasoning behind the decision to dismiss his appeal is still outstanding. 
 

• Background
• Arrest in Mumbai
• Reports of torture while at the Ajmeer police camp
• Trial, delays and conviction
• Conditions in prison
• Fair trial concerns
• Appeal

Background

Patrick Malluzzo is a 32 year-old British national. He grew up in Kent, and attended college there. Like many other young Britons, he spent his early 20s backpacking, travelling to South America and Asia. In 2003, he planned a final trip to India and with the intention of returning to the UK to settle down with his girlfriend. Patrick has no history of any involvement in criminal activity. He previously worked as an administrator at a bank in London.Patrick travelled to India in October 2003, attending the wedding of British friends. He then set off to do some independent travel. He met up with a prior acquaintance, another backpacker, J, who invited him to come on a tour to Malai in Himachal Pradesh, where they both stayed for a few days. They met up again in Delhi and Patrick indicated to J that he would like to travel to Goa with him, although he had not made a firm decision.J booked two tickets to Goa via Mumbai. According to Patrick he then decided not to go to Goa with J but instead to see more of Rajastan and meet J in Goa later. As Patrick wanted to travel light he asked J to take with him a bag of dirty washing which also contained a prescription in his name. J left to catch the train and Patrick remained in the hotel.

Patrick then received a call from J stating that he had lost the bags and his money. After placing the bags on the train, he had jumped off to get some food for the journey, and the train had left without him.Train staff found 3 bags on and under the seats where J and Patrick had reservations, after the train left Delhi. They handed the bags to Kota Police who, upon examining them, found one bag containing Patrick’s dirty clothes, his prescription for anti-malaria medication, some photos belonging to him, some bank documents and a mobile phone chip. A second bag containing clothing and a third bag containing a large quantity of cannabis resin, a prohibited drug.

At some point in the two months that followed, warrants were issued for both Patrick and J. During this time, Patrick and J went on to Goa together, and then parted ways. Patrick flew out of India to Sri Lanka to watch the cricket with his uncle. He then returned to India to meet up with friends and finish his travels before heading to Thailand to meet up with this girlfriend. TopArrest In Mumbai

On his way to the airport on the 30th of January 2004, Patrick sent a text to his parents saying he was on his way to Thailand and would text them upon arrival. However this was not to be. He was arrested at Mumbai airport and charged (under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act 1985) with possession of cannabis.

He was taken into the custody of the Mumbai police, brought before the Chief Magistrates’ Court in Mumbai and remanded to appear three days later. However, he did not appear in court.

He was instead taken into the custody of the Kota Railway Police and taken back to Rajasthan. Patrick reports that he suffered severe torture and mistreatment for two weeks until he was located by the British Consulate. All the while, his parents did not know what had happened to him and were extremely distressed. Top

Reports of torture while at the Ajmeer police camp

Patrick says he was not told why he had been arrested nor of his rights under Indian law. He reports that while held at Ajmeer police camp, he was tortured both physically and mentally. He describes he was slapped in the face, punched and kicked repeatedly to his body and genitals, flogged on his hands, feet, legs and backside with bamboo sticks. He claims he was also flogged with pieces of hard rubber across his body for hours at a time and that he was stripped naked and shackled to a chair while cigarettes were used to burn him and pliers were used on his genitals. Patrick also said he was deprived of sleep for days at a time; cold water was thrown on him when he succumbed to exhaustion.

When taken to a doctor for mandatory medical checks, Patrick says he was warned by the police not to say anything about his treatment. When he tried to show his injuries, he claims he was ordered to keep his clothes on. During this period Patrick reports he was dragged around Northern India in shackles. On one of these journeys, which lasted approximately 30 hours, he spent the entire time in the back of a jeep on the floor in a crouched position. According to Patrick, when he attempted to stretch his limbs he was slapped and he could not feel his legs for many days after.

The police brought witnesses before Patrick says none of them recognised him yet they had to sign pre-prepared documents to say they did. His possessions were taken from him and not returned, including the ring with which he had intended to propose to his girlfriend.

According to Patrick, he was repeatedly told he would be executed or spend the rest of his life in prison. Not only was he accused of drug trafficking on all his travels since 1998, but also of being a spy and a terrorist. He was questioned in relation to MI5/M16, the CIA, Mossad and Interpol. He was accused of arms and gun running, and involvement in terrorist groups such as Al Qaeda and, because of his Irish ancestry, of being a member of the IRA - exchanging arms and training for drugs with Kashmiri terrorists. He was forced to write and sign numerous confessions. He was also forced to sign documents in Hindi which he did not understand and which contained many blank pages. He was made to read a confession on television, which was picked up by the print media and published. As Patrick wrote in a letter to his parents detailing the horrors of his ordeal; “How on earth will I receive a fair trial now?” Top

 

Trial, delays and conviction

His fears were well-founded. The proceedings were held in Hindi despite an application being made to the Court for the case to be heard in English. Patrick was advised to say nothing. Even though the false confessions were thrown out of court, Patrick was still found guilty and sentenced to 10 years imprisonment and a fine of 100,000 rupees. He is now serving his sentence in Kota Jail.The High Court had ordered that the trial be completed in 6 months, however despite this ruling the Kota Upper session Court allowed the case to run for some 15 months. There were lengthy delays in the production of witnesses and, part-way through the trial, there was an extended hiatus while a replacement judge was sought. Top

 

Conditions in prison

Patrick is now being held at Kota prison in Rajasthan, sharing a cell with 54 other inmates. They sleep head-to-toe on the stone floor. He is in poor health and has been to hospital a number of times. He has contracted malaria and has rat bites on his body. He is also currently receiving treatment for depression due to his ordeal and treatment for chronic urinary tract infections.He paints, reads and writes letters to his family. While in prison, he befriended a priest imprisoned for his beliefs. This man now makes a 16-hour round trip every week to visit Patrick and bring him supplies. Top

 

Fair trial concerns

• Delay: The Kota Court ignored the High Court order that the case be completed within a six-month time period. Had this happened, Patrick could have lodged his appeal some time ago. There have also been considerable delays in having his file registered so an application for appeal may be made.
• Crucial evidence overlooked: Throughout their investigation, the police overlooked vital evidence, such as the evidence of other passengers on the train as to who had boarded with the bags, and the train company’s records. This would have shown who was in control of the bags when they were left in the carriage. Moreover, the police failed to secure any DNA or fingerprint evidence in relation to the drugs seized.
• Severance of the trials of Patrick and J: This prevented crucial evidence from being produced at trial.
• No adequate interpreter at the trial: This is contrary to international human rights law, recognised by India. Top

Appeal

Fair Trials International has secured the assistance of expert Counsel Joe Stone, of Doughty Street Chambers, assisted by Priya Patel of Sabir Selby LLP. Thankfully, these services are being provided on a pro bono basis, as the Malluzzo family has already had to sell their home to keep up with the considerable legal costs incurred in Patrick’s defence. FTI has also appointed new lawyers in India, who will handle Patrick's appeal, together with Joe Stone and Priya Patel.

Fair Trials International has contacted the Foreign and Commonwealth Office (FCO) asking them to do what they can to have the appeal dealt with as a high priority. While the FCO has a general policy that it cannot intervene in the legal system of another country, it retains a discretion to do so where a British national is not treated in accordance with international standards, and where that treatment is worse than that experienced by locals. It is our view that Patrick’s treatment fulfils both these criteria.

We are confident that a fair trial will secure Patrick's acquittal and return home to his family. Thanks to all those who have supported our fundraising efforts to cover his legal costs in India, especially Freshfields Bruckhaus Deringer LLP. Top