PATRICK MALLUZZO APPLIES TO RETURN HOME TO THE UK

For Immedaite Release

After six years in an Indian jail, Patrick Malluzzo (32 years-old from Kent) has applied to be transferred to a UK prison. Patrick and his family have been fighting for justice in the Indian courts since his arrest in January 2004. They have now decided that they will not appeal against Patrick’s unjust conviction in the Indian Supreme Court, which could mean Patrick spending another two years in an Indian jail. Patrick has asked the British and Indian governments to let him come home.

Patrick Malluzzo said:
“My family and I have been fighting for justice in India for the last six years – a fight which has taken a serious toll on all of us ... I want to return to the UK so that I can be close to my family. We do not think we could continue the fight in the Supreme Court and live through another two years of this ordeal while that goes on.” (Read Patrick’s full statement below).

Jago Russell, Chief Executive of Fair Trials International, visited Patrick in India in March. He said of Patrick’s decision:
“Patrick and his family have shown great courage over the last six years and it is a travesty that this young man will come home with a guilty conviction. But Patrick and his family have been though a horrendous ordeal and, after visiting Patrick in Kota jail, it is easy to understand why he feels he can take no more. We hope the British and Indian Governments will now do everything in their power to get Patrick home as soon as possible.”

Patrick was arrested in 2003 during a back-packing trip in India after 3 bags (one containing cannabis) were found under seats booked under Patrick and his co-accused’s name. Patrick was never on the train where the bags were found and no witnesses have linked Patrick to possession of the bag containing drugs. Patrick waited over two years for a trial after his arrest and then over four years for the Rajasthan High Court to hear his appeal. His trial was a travesty of justice: he had poor legal representation, could not understand the proceedings and was given no opportunity to give evidence or call witnesses. He has reported that he was tortured by Indian police and forced to make a televised confession.

Contact: Fair Trials International – 020 7822 2370 or 44 (0)7950 849 851

Notes to editors

1. Patrick Malluzzo has issued the following statement
   
   ‘My family and I have been fighting for justice in India for the last six years – a fight which has taken a serious toll on all of us. After thinking long and hard, I have decided that our fight for justice has reached the end of the road.
   
   I want to return to the UK so that I can be close to my family. We do not think we could continue the fight in the Supreme Court and live through another two years of this ordeal while that goes on. I implore the governments of the UK and India not to hold up my family’s reunion. Please bring me home as soon as you can.
   
   I want to thank Fair Trials International and the many brilliant people that have helped me and my family over many years. Thank you for maintaining your belief in my innocence. I hope you will understand the reasons for this difficult decision.’
    
2. Background
   · Patrick travelled to India in October 2003 to attend the wedding of British friends and then set off to do some independent travelling. He met up with “J”, another backpacker.
   
   · J booked two tickets to Goa via Mumbai. Patrick decided not to go to Goa with J but instead to see more of Rajasthan and meet J in Goa later. As Patrick wanted to travel light he asked J to take with him a bag of dirty washing and some personal effects. J left to catch the train and Patrick remained in the hotel.
   
   · 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, and personal effects. A second bag containing clothing and a third bag containing a large quantity of cannabis resin.
    
3. Arrest
   · Patrick was arrested in January 2004 at Mumbai Airport. He did not have any drugs in his possession when he was arrested. He was held for months without charge during which time he reports being tortured. He describes how he was 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.
   
   · Patrick was 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.
    
4. Trial
   · Patrick’s trial was held in Hindi despite an application being made to the Court for the case to be heard in English. Patrick’s original lawyer failed to engage a trial interpreter to take his proof of evidence, and also failed to advise on the consequences of not giving evidence. As a result Patrick did not have the opportunity to give his evidence or to provide an explanation to the court.
   
   · Patrick was found guilty in July 2006 and sentenced to 10 years imprisonment and a fine of 100,000 rupees. J, who was given a separate trial, was acquitted on the same evidence, despite the fact that he had been arrested a number of times before and after the trial in relation to similar cannabis related offences.
    
5. Appeal
   · After continuous delays and adjournments, Patrick’s appeal was finally heard in February 2010. The Judge delivered his written judgment on 23 February 2010 and upheld Patrick’s unfair conviction.
   
   · The judgement reveals that the Rajasthan High Court did not give due weight to Patrick’s strongest grounds of appeal:
   - The judge did not think it was relevant that the trial was conducted in a language Patrick did not understand. He decided that the conviction was safe despite Patrick’s lack of understanding as ‘the gist of the evidence was made known to the accused [Patrick] in English’.
   - The judge also felt it was of ‘no consequence’ that Patrick’s co-accused had been acquitted on the same evidence, despite the fact that the co-accused had been arrested in relation to similar offences in the past and since the commission of the offence for which Patrick was convicted.
   - The judge dismissed Patrick’s argument that he had never had possession of the drugs involved in the offence and said it was ‘devoid of merit’ without outlining his reasoning behind this conclusion. The judge therefore did not explain what led him to believe that Patrick could be held responsible for the contents of a bag containing drugs which had been found unattended on the train.
    
6. Imprisonment
   · Patrick has already served nearly six years of his sentence, much of it in Kota Jail (Rajasthan). He has shared a cell with 54 other inmates. They sleep head-to-toe on the stone floor.
   
   · Patrick’s health has suffered severely while in detention and he has been to hospital a number of times. He has contracted malaria and has rat bites on his body. He also reports suffering from depression due to his ordeal and is receiving treatment for chronic urinary tract infections.