June 1, 2008
This is the newest action for Farid Hilali. The second action is still active, and I left it at the bottom of this one.
Farid Hilali has had all communication attempts continually frustrated whilst he continues to be incarcerated within the Spanish Prison system. He has also had money directed to him to enable him to pay for stamps, letters, and food being denied to him, with the Spanish authorities still not transferring this amount to his account or refunded to his solicitors who sent the money. Details of this intentional interference include :-
• Legal correspondence continues to be opened, read, and in some cases not given to him. This is a clear breach of the client-solicitor privilege.
• A letter was sent to him recorded delivery on the 14th April from his UK legal representatives. More than 1 month later, despite the prison signing for this correspondence, he has still not been given this letter.
• His legal conversations are also recorded and listened to as well. This is a clear breach of his client-solicitor privilege.
• A significant sum of money was transferred to Farid Hilali’s client account to enable him to pay for items that he needs whilst incarcerated that was sent from his family so he could stay in contact. This has been retained by the prison with no explanation as to why.
Obviously, all the above cause him undue stress and make preparing and defending his legal case extremely difficult. Cynics would argue that this is exactly what the Spanish want, knowing that they have extradited an innocent man whom in a fair trial with an unbiased jury would be cleared immediately. This is in addition to the threat of violence and intimidation that dogs Farid daily as perpetrated by the Spanish Authorities.This is another example of “Spanish Practices” which have one aim : to prevent a fair trial and a fair opportunity for Farid Hilali to clear his name.
Actions Required
Please send a short letter, outlining the above, to the following addresses.
A sample letter has been provided :-
Senor Baltasar Garzon
Juzgado Central de Instruccion No.5
Audencia Nacional
García Gutiérrez, 1
28004 MADRID
SPAIN
The Governor
Ctra. Local P-120 “La Moraleja”
34120 Dueñas (Palencia)
SPAIN
European Court of Human Rights
Council of Europe
67075 Strasbourg-Cedex
France
Ministro Del Interio
Paseo de la Castellana, 5
28046 – Madrid (Madrid)
Spain
Email : estafeta@mir.es
Spanish Embassy
39 Chesham Place, London
SW1X 8SB
Tel : 0207 235 5555
Fax : 0207 259 5392
Email : embespuk@mail.mae.es
Sample Letter
Dear <NAME>,
I write to you with regards to a prisoner currently in your custody, Mr Farid Hilali. Since being incarcerated, he has continually had his legal and other correspondence interfered with. This has included the following incidents :-
• Legal correspondence continues to be opened, read, and in some cases not given to him. This is a clear breach of the client-legal privilege.
• A letter was sent to him recorded delivery on the 14th April from his UK legal representatives. More than 1 month later, despite the prison signing for this correspondence, he has still not been given this letter.
• His legal conversations are also recorded and listened to as well. This is a clear breach of his client-solicitor privilege.
• A significant sum of money was transferred to Farid Hilali’s client account to enable him to pay for items that he needs whilst incarcerated that was sent from his family so he could stay in contact. This has been retained by the prison with no explanation as to why.
In addition to this, money sent by his family to transfer into the prison account has not been transferred to his prison account, and has not been returned to the sender. Farid requires this in order to pay for his general upkeep as well as posting materials.
All the above is severely impacting on his ability to mount a legal challenge to his detention effectively, which in turn would violate the European Convention principles on a right to a fair trial.
I trust you will now rectify the issues raised in the above letter, in order to allow him to challenge his continued unjust detention.
Regards,
<NAME>
SOURCE: Help the Prisoners
Sign the Petition: Free Farid Hilali
Click here to sign the petition
Farid Hilali Victimised and Abused in Spanish Jail
Details
Farid Hilali, a Moroccan man extradited to Spain from the United Kingdom and still being held without charge, is currently being subject to intimidation and having his legal preparations harassed during a recent visit there.
When a legal visit was arranged between Muddassar Arani of Arani Solicitors and Farid, he was prohibited from bringing any of his legal materials or papers with him to the meeting. When he enquired about this, he was told in no uncertain terms that “he had no rights, and the officers could do as they wished with him.”
Even still, he continued with the visit and when he returned to his cell, he found that his cell had been turned upside down, with his legal papers in particular being thrown all around the cell. He immediately filed a complaint, and threats instead of answers were again conveyed to him. He was again told through intimidation that if he continued to raise complaints he would be physically attacked by prison officers.
Since this time, he has continually had his cell searched in an aggressive and inflammatory manner, intending fully by their actions to provoke Farid into a response. The Prison Officers often attend his cell with batons and sticks, throwing his personal effects including religious books around the cell at will seeking to incite him.
He now fears for his safety, as he feels that the Guards are a law unto themselves who abuse prisoners at will. He fears that he will also be subjected to increasingly abusive treatment. His major concern is that people have forgotten him, and that these guards feel this is true as they do not show any fear in using violence against the religious and ethnic minority prisoners. It may already be the case that since the legal visit Farid has been physically attacked, as there are still continuing efforts to frustrate his legal team in this country whilst he continues to seek adequate representation in Spain.
Actions Required
Farid is extremely concerned that people are forgetting about his predicament, and so it is essential that as many people as possible send mail both to him and to the prison, letting him and them know that people are aware of his case and are monitoring it closely.
It is also essential that complaints are made about the treatment that Farid is being subjected to is raised with both the Ministry of Justice and Spanish Embassies around the world. A sample letter has been provided for this.
Please also forward this action alert to others who may not already have received it.
Key Contacts
For Complaint :-
Senor Baltasar Garzon
Juzgado Central de Instruccion No.5
Audencia Nacional
García Gutiérrez, 1
28004 MADRID
SPAIN
The Governor
Ctra. Local P-120 “La Moraleja”
34120 Dueñas (Palencia)
SPAIN
European Court of Human Rights
Council of Europe
67075 Strasbourg-Cedex
France
Spanish Embassy
39 Chesham Place, London
SW1X 8SB
Tel : 0207 235 5555
Fax : 0207 259 5392
Alfredo Pérez Rubalcaba
Ministro Del Interio
Paseo de la Castellana, 5
28046 – Madrid (Madrid)
Spain
To Write to Farid Hilali :-
Farid Hilali
Ctra. Local P-120 “La Moraleja”
34120 Dueñas (Palencia)
SPAIN
Sample Letter
Dear ,
I write to you to enquire about the continuing violation of Farid Hilali’s basic human rights whilst being incarcerated in Spain without charge.
Since he was deported in February 2008, he has had his communication with his Solicitors in the United Kingdom , Arani Solicitors, continually frustrated. This culminated in denial of him bringing his legal paperwork to meetings with his solicitors on the 7th May 2008. When he returned to his cell, his legal paperwork and religious literature had been thrown all around the cell together with his personal effects.
After this, on the 15th May 2008, the same occurred with regards his cell search. This was again after he had lodged a complaint against the previous cell search. According to his account, he was informed by prison officers in no uncertain terms that if he continued to raise complaints about his treatment he would be physically attacked.
There is a general perception amongst the prison officers at the prison that the officers are above the law and those of Moroccan descent or of another ethnic minority are often singled out for the worst treatment.
All of the above is of course against the European Convention on Human Rights which is ratified by Spain. Article 1 obligates Spain to respect the human rights of those incarcerated within its territory. Article 3 of that convention prohibits torture, inhuman or degrading treatment or punishment. Article 6 enshrines the right to a fair trial for all.
I would urge you to make enquiries to ensure that Farid Hilali is provided adequate opportunity to prepare his legal defence or to seek his freedom if no charges are forthcoming, to protect his personal safety as well as his legal papers and personal property, and to allow the right of not just Farid but all Prisoners to be protected from intimidation, torture and ill-treatment. This includes the right to make representations against unjust treatment without fear of reprisal.
I look forward to hearing from you in due course.
Regards,
SOURCE: FreeFarid.com