High court appeal against extradition of two young British nationals

For Immediate Release

The High Court appeal begins today against the earlier decision of the City of Westminster Magistrates Court to extradite Luke Atkinson (24) and Michael Binnington (23) to Cyprus.

Jago Russell, Chief Executive of Fair Trials International, said:

“We hope that Luke and Michael do not become the latest victims of Europe’s unfair fast-track extradition system. Given the serious flaws in their trial, these two young men should not be sent to serve a three year prison sentence in a Cypriot jail.”

Fair Trials International has campaigned for the two Essex men, who were unfairly convicted of manslaughter by a Cypriot court in 2008. Their conviction was based solely on circumstantial evidence and, if extradited, they will have no right of appeal under Cypriot law.

Notes to editors

During a family holiday to Cyprus in 2006, Luke Atkinson (24) and Michael Binnington (23) (both from Essex) were backseat passengers in a car that collided with a moped, killing the driver and seriously wounding its passenger.

They were prosecuted on the basis of circumstantial evidence and spent 6 months in Cypriot jails pending the trial. In February 2007 they were acquitted of all the charges. After the acquittal they returned home to the UK. Without informing Luke and Michael, the Attorney General in Cyprus appealed against the acquittal (as this is possible in a number of European countries). In January 2008, the appeal court found them to be guilty. The appeal was heard without the presence of the defendants, on the same evidence that was available at trial. No retrial was ordered.

Fair Trials International has a number of concerns about the fairness of the criminal proceedings in Cyprus in this case:

• The only evidence against the men was circumstantial;
• Families of the victim of the motorcycle accident were not prevented from shouting at and threatening Luke and Michael during the trial;
• After considering the evidence, the trial court acquitted both men. However, the appeal court convicted them of the crime in their absence on the basis of the same evidence. without ordering a retrial.

In April 2008 a three year prison sentence was imposed on each man. If extradited, they would have no right to appeal against the conviction or against the sentence in the Cypriot courts.

A European Arrest Warrant (EAW) was issued by Cyprus in May 2008, requiring Luke and Michael to be sent to Cyprus to serve the sentence.

Fair Trials International has serious concerns about this fast-track system for extradition within Europe. In practice, the system has been interpreted as leaving no scope for the British courts to prevent an extradition even where, as in this case, it would lead to clear injustice. In particular the British courts have allowed extraditions under this system where:

• The extradition relates to a prison sentence resulting from a grossly unfair trial (even in cases where the defendant has not been informed of the trial);
• There is a very real risk that the person concerned will not receive a fair trial;
• The prosecution is based on a flawed police investigation, even where it involves mistreatment;
• Extradition would be grossly disproportionate to the offence allegedly committed; and
• An EAW is issued many years after the alleged offence takes place (in one case we are aware of someone being arrested 20 years after the offence allegedly took place).