PATRICK MALLUZZO REUNITED WITH HIS FAMILY AFTER TRANSFER TO THE UK

For Immediate Release

After seven years’ in an Indian jail, Patrick Malluzzo (33 years old from Kent) has been transferred to a UK prison. Despite numerous delays and setbacks, Patrick and his family spent years fighting for justice in India. In April last year they finally took the difficult decision not to take the case to the Indian Supreme Court, which could have meant Patrick spending another two years in an Indian jail. Instead in April 2010 they applied for Patrick to be allowed to serve the remainder of his sentence in the UK. Patrick arrived in the UK on 1st February.

Jago Russell, Chief Executive of Fair Trials International said:

“After seven years in an Indian prison, thousands of miles from home, we are delighted that Patrick has been transferred back to the UK. It is a travesty of justice that Patrick is coming home with a guilty conviction but, having visiting him in Kota jail (Rajasthan), I can easily understand his decision to abandon the fight for a fair trial in India so that he could come home.”

Teresa Malluzzo (Patrick’s mother) said:

“I have waited seven long years for the day I would be reunited with my son. There is a long, hard road ahead for all of us but, at last, we can start the job of re-building our lives. Throughout this long ordeal we have been moved by the huge amount of support we have received, without this I’m not sure we would have had the strength to carry on fighting – thank you.”

Patrick was arrested in 2004 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 brutal torture by Indian police and was forced to make a televised confession.

For more information please contact Fair Trials International on +44 (0)20 7822 2370 or +44 (0)7950 849 851

Notes to Editors

1. Fair Trials International is a human rights charity which provides assistance to people arrested in a country other than their own and campaigns for reform to fight the underlying causes of injustice in cross-border cases.
    
2. Please find below a sull background to Patrick Malluzzo’s case
    
3. Prisoner transfer agreement:
   This agreement enables a prisoner to transfer to another prison, often back to their home country. If transferred back to the UK early release provisions are applied to their existing sentence (normally this means that they must serve half of the remaining sentence before release on parole). When transferred, a prisoner waives their right to any further appeals. Patrick has a remaining 17 months to serve in the UK.
    
4. Patrick Malluzzo issued the following statement following his transfer request:
   
   “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.”
    
5. 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 severely tortured by the police.
    
6. 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 did not have the opportunity to give 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 under the Narcotic Drugs and Psychotropic Substances Act 1985. His co-defendant, 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.
    
7. Appeal:
   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 deferred repeatedly and was only heard after more than half of his original 10 year sentence had been served.
   
   The judgement reveals that the Rajasthan High Court did not give due weight to Patrick’s strongest grounds of appeal and Patrick’s fair trial rights were violated: Patrick’s co-accused had been acquitted on the same evidence, Patrick had never had possession of the drugs involved in the offence and that the trial was conducted in a language Patrick did not understand.
    
8. Detention conditions:
   Patrick spent seven years in prison, much of it in Kota Jail (Rajasthan). He shared a cell with 54 other inmates who slept head-to-toe on the stone floor. Patrick’s health suffered severely while in detention.