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Court to rule on fan extradition Court to rule on fan extradition
(19 minutes later)
The European Court of Human Rights is to consider later whether an England football fan should be extradited to Portugal to serve a prison sentence.The European Court of Human Rights is to consider later whether an England football fan should be extradited to Portugal to serve a prison sentence.
Garry Mann, of Faversham, Kent, was given a two-year term for his role in a riot in Albufeira during Euro 2004.Garry Mann, of Faversham, Kent, was given a two-year term for his role in a riot in Albufeira during Euro 2004.
Portugal is seeking extradition under a fast-track European Arrest Warrant after he did not serve his sentence in the UK after deportation. Portugal is seeking extradition under a fast-track European Arrest Warrant after Mann did not serve his sentence in the UK after deportation.
His lawyers claim he had an unfair trial under a fast-track procedure.His lawyers claim he had an unfair trial under a fast-track procedure.
Violent clashes erupted between England fans and police in Albufeira, in the Algarve, on 15 June, 2004.Violent clashes erupted between England fans and police in Albufeira, in the Algarve, on 15 June, 2004.
He has witnesses who could have supported his alibi but his witnesses did not even have an opportunity to give evidence in the court in Portugal because it all happened so quickly Jago Russell, of Fair Trials InternationalHe has witnesses who could have supported his alibi but his witnesses did not even have an opportunity to give evidence in the court in Portugal because it all happened so quickly Jago Russell, of Fair Trials International
Mann claimed he was arrested by police hours later who beat him and prevented him from sleeping. Less than 48 hours later he was tried and found guilty of taking part in the disturbance.Mann claimed he was arrested by police hours later who beat him and prevented him from sleeping. Less than 48 hours later he was tried and found guilty of taking part in the disturbance.
He said CCTV footage that could have proved he was in a bar away from the violence was never seen by the court and had been destroyed. The former firefighter said CCTV footage that could have proved he was in a bar away from the violence was never seen by the court and had been destroyed.
Portuguese police denied using unnecessary force against fans and mistreating those arrested.Portuguese police denied using unnecessary force against fans and mistreating those arrested.
Jago Russell, of Fair Trials International, called Mann's trial a "travesty of justice".Jago Russell, of Fair Trials International, called Mann's trial a "travesty of justice".
He said: "He [Mann] did not know what he was charged with until after he had been convicted.He said: "He [Mann] did not know what he was charged with until after he had been convicted.
"He said he wasn't even in the area at the time. He has witnesses who could have supported his alibi but his witnesses did not even have an opportunity to give evidence in the court in Portugal because it all happened so quickly."He said he wasn't even in the area at the time. He has witnesses who could have supported his alibi but his witnesses did not even have an opportunity to give evidence in the court in Portugal because it all happened so quickly.
"It is a damning indictment of Europe's extradition system that the European court in Strasbourg has to stand in to deliver justice for a British citizen.""It is a damning indictment of Europe's extradition system that the European court in Strasbourg has to stand in to deliver justice for a British citizen."
FROM THE TODAY PROGRAMME More from Today programmeFROM THE TODAY PROGRAMME More from Today programme
A British police officer present in court described the trial as "a farce". David Blunkett, who as home secretary introduced the warrant system, thinks it should be open to review in some cases.
He said: "There has to be proportionality. Where there are glitches in this and where there are examples where time has passed substantially then there ought to be a review of that."
But in 2004 he had expressed frustration that Mann would not serve his jail term, saying: "I haven't given up on the idea that we're going to nail this individual."
Last month Mann lost the latest stage of his fight to avoid extradition when Appeal Court judge Lord Justice Moses said the High Court had no jurisdiction to intervene.Last month Mann lost the latest stage of his fight to avoid extradition when Appeal Court judge Lord Justice Moses said the High Court had no jurisdiction to intervene.
'Measure of justice'
Lord Justice Moses, sitting with Mr Justice Hickinbottom, said the apparent injustice did not stem from what Mann believed was an unfair and unlawful hearing.Lord Justice Moses, sitting with Mr Justice Hickinbottom, said the apparent injustice did not stem from what Mann believed was an unfair and unlawful hearing.
The judge said he had been deprived of proper legal assistance "by two sets of lawyers in two separate jurisdictions on two distinct occasions".The judge said he had been deprived of proper legal assistance "by two sets of lawyers in two separate jurisdictions on two distinct occasions".
Lord Justice Moses said he hoped the European Court of Human Rights would intervene or diplomatic authorities in the UK or Portugal could "strive to achieve some measure of justice for Mr Mann, a justice of which he has been so signally deprived by those on whom he had previously relied".Lord Justice Moses said he hoped the European Court of Human Rights would intervene or diplomatic authorities in the UK or Portugal could "strive to achieve some measure of justice for Mr Mann, a justice of which he has been so signally deprived by those on whom he had previously relied".
Seven judges at the European Court of Human Rights are due to decide whether the extradition should go ahead.Seven judges at the European Court of Human Rights are due to decide whether the extradition should go ahead.