Craig Alden - Brazil

November 03

Craig Alden, a 34 year old British citizen and father of an 8 year old son, was arrested on 1 July 2002 and charged with the abuse of 5 children in his care at the Abrigo Warboys Orphanage (AWB) in Planaltina Goias, Brazil.

Craig established the Abrigo Warboys Brasil [AWB] orphanage in 1991. He was inspired to do this after witnessing the murder of a child in Brazil whilst on a visit there. Upon his return to the UK, he raised enough money to purchase a plot of land and to build an Abrigo [‘safe home’]. This orphanage acted as a vital centre for the protection and education of street children in the Planaltina area. The children were mostly from the streets or had been taken into care.

AWB has been hailed as a model philanthropic project in the developing world. It was financially supported by voluntary contributions from the UK and various organisations including Rotary International and New Life Church. The British Embassy and other embassies in Brasilia have also been very supportive.

The charges laid against Craig varied from general neglect to sexual abuse of children based on statements taken from children living at the AWB. He vehemently denies all charges, however he was found guilty and sentenced to 48 years imprisonment.

An application for habeas corpus was submitted but this was unsuccessful. Craig’s legal team then appealed to the High Court in Goiannia, Goias, submitting 16 grounds of appeal. This was heard on 3 September 2003. The court addressed only 1 point of appeal and ignored the other 15. The one point they did address was the severity of sentence of 48 years, which was reduced to 11 years. At the same time, they reclassified the crime so that Craig has to serve a minimum of two thirds of the sentence (8 years) as opposed to a sixth of the original sentence! It has since emerged that a further two years were taken off his sentence, as they had been given as punishment for a crime Craig had not even been charged with.

Fair Trial Issues

1. Craig was denied his legal right to an interpreter. He had little understanding of the proceedings and could not adequately prepare his defence.
2. No defence was submitted on his behalf as his lawyer missed the statutory deadline for a defence statement to be filed.
3. His lawyer failed to take any witness statements or follow up leads and did not submit enough evidence within the time limit, so Craig was convicted on prosecution evidence alone. This was even confirmed in the Judge's summing up.
4. The criminal investigation was handled by the prosecutor when it is illegal under Brazilian law for the roles of investigator and prosecutor to be conducted by the same person.
5. Children who initially signed statements of abuse and neglect in the presence of the prosecutor later withdrew their statements, saying that they were forced to sign them. These retractions were dismissed by the sentencing judge.
6. Children who refused to make a statement against Craig have since been sent away from the AWB and their evidence and that of several adult workers at the AWB has been rejected by the Judge acting under the advice of the prosecutor.
7. Other vital defence evidence was also disregarded by the Judge, such as medical reports and defence witness statements.
8. When the main prosecution witnesses’ reliability was called into question because of outstanding sexual molestation and drug charges against him, another 'secret' child's testimony was stated as the reason for Craig's initial arrest. However, details of this child have not been disclosed under the direct orders of the prosecutor, so the statement could not be challenged by the defence.
9. A British Embassy representative was refused entry to Court. No observers were allowed.
10. Craig was not present during some of the 'evidence' hearing.

An interesting point to note is that relations between Craig and local government officials (particularly the prosecutor and Judge) had been tense for some time. Craig refused to allow the orphanage to be used as holding centre for drug users and child prostitutes as he felt that children already being cared for at the centre would be put at further risk. AWB was a registered charity in Brazil run by a group of trustees. Funding mostly came from donations from a charity in Britain, which had the right of a representative on the board of trustees in Brazil. However, the prosecutor called a secret ballot in February 2003 to elect a new board. This now includes local political figures connected to Craig's case and even a policeman who attacked Craig in his cell last year. It is rumoured that the new board are to either convert the orphanage into an agricultural centre or sell off the assets and land. In the meantime the children (witnesses needed for a re-trial) have been dispersed. It was reported that one has been seen begging in Brasilia.