9 Apr 2006
Craig Alden Update
Dear Friends
Simon Trundle and I have just returned from a further trip to Brazil.
I usually do a complete report of our trip but this time the news of the Supreme Court hearing reached home before we did and was reported on before I could update everyone.
As a consequence I returned to find many telephone and email messages asking for confirmation of the reports. I apologise for not replying to them all individually and therefore I will report here, solely on the Supreme Court hearing and the possible consequences.
The Habeas Corpus was heard on Tuesday 4th April before 5 Judges in the Supreme Court (Highest Court in Brazil).
It was a two part hearing - the first part consisting of ten points and asking for a retrial on the basis of (amongst other things) no defence. There was little discussion and the decision given was what we had expected. Basically that the Brazilian Judicial System had done everything it should. Craig had had a lawyer and that was all that was required to ensure a fair trial! This is the last time these arguments can be presented.
The second part of the hearing was to ask for 'Progressive Regime' for Craig - following the change of law regarding the Heinous Crime Law. This was approved for Craig by the unanimous vote of all five Judges. This judgement was faxed immediately from the Supreme Court to the Planaltina Court where the local Judge is responsible for the implementation of the judgement.
This progression should be immediate as Craig has served more than the required portion of his sentence in 'closed regime' and has all the other required elements to qualify, namely good behaviour (the prison Director had written an excellent report on Craig - stating that he was a model prisoner, hardworking, polite and friendly etc.,) However - the lawyers did warn us that the Promotora would almost certainly oppose the implementation and whilst the Supreme Court ruling could not be contested or overruled - the process could be delayed! They expected that the paperwork would take at least a week. It has to be said that Craig's lawyers are permanently optimistic and another source has informed us that there is no statutory time limit for a lower court to implement an order from the Supreme Court and that if the delays are stretched out we may have to file a further Habeas Corpus in the Supreme Court to progess! This of course could take months!
The first part of this 'progressive regime' would allow Craig to live outside the prison between the hours of 6am and 8pm (or perhaps 8am to 6pm - not quite sure which!), with certain conditions attached. However this requires that the prison has facilities for accommodating a 'semi-aberto' prisoner which Planaltina does not. We understand that the Director has offered Craig a 'cupboard' as a sleeping place as he needs Craig's present cell' for administration. Craig's lawyers are to try to get his regime progressed to 'aberto' - which would mean that he has to sign on at a police station once a week. This might also mean that he could move out of the area of Planaltina to Brasilia where we, the Embassy and the lawyers feel he would be much safer.
In addition to this we understand that once on 'progressive regime' Craig will be required to pay fines for the supposed 'crimes'. I have to get this confirmed by the lawyers but if true this would seem to be another huge injustice. Non-payment of fines is punishable by imprisonment in Planaltina Prison!!
Lord Triesman was also on a visit to Brasilia and was meeting Minister Amorim, Brazilian Foreign Minister, the day after the Supreme Court hearing. I therefore sent a message to him saying that as the Court obviously didn't regard Craig as a danger to anyone, I would like him to ask the Brazilian Govt. to now consider releasing Craig to the UK.
We visited Craig the day after this judgement and he was cautiously pleased but wary of further disappointment and delay. After about half an hour of discussing the various situations he finally seemed to believe it might happen and when he smiled his eyes finally lit up! The first time I had seen the haunted look leave his eyes in all this time!
Although this may be a considerable step forward for Craig - it in no way addresses the injustice Craig has suffered and which the Brazilians seem either unable to understand or determined to ignore.
Therefore - our Campaign will continue!
Once again my thanks to you all for your constant help and support.
Maureen Alden
13 November 2005
Craig is on Hunger Strike
Craig is continuing on his hunger strike [started on 1st November] and is determined he will not take solid food until he sees positive action in his case from his government. He is taking liquids at present but is threatening to stop drinking if he does not see progress in his case. Craig asked that 'prime minister Tony Blair call President Lula da Silva and request in person a retrial for me or my return to my family as I am innocent and unjustly imprisoned in Brazil'. Craig has also recently learned that 6 children previously cared for at the Abrigo Warboys home that he ran before his arrest have been killed on the streets and so he sees his protest as a means of achieving justice for these victims as much as for himself.
13 November 2005
Protest Day 7th November 2005
The protest at Downing Street and at the Brazilian embassy was attended by more than 100 people who came from all over the country. A petition was handed in at both locations accompanied by a letter from Maureen Alden appealing to Prime Minister Tony Blair and President Lula da Silva to release Craig based on the legal reviews of his case which have concluded that he is an innocent man unjustly imprisoned in Brazil.
01 September 2005
Brazil Rejects Appeal For Release Of Craig
The Brazilian Government are apparently refusing to comply with a request from the British Foreign Secretary Jack Straw to release a British Citizen unjustly imprisoned in Brazil - although an official written response has still not been received. The family of Craig Alden have been informed that Brazil will not return Craig Alden to the UK on the basis that he has a Brazilian dependent [son] - his son has dual nationality so is also a British Citizen. The Brazilian Justice Minister says their decision is not open to discussion. Brazil have as yet ignored responding to the multiple breaches of human rights and legal incompetence already identified in Craig's case.
The family of Craig Alden are distraught at this decision having had to fight for more than 2 1/2 years before the UK Foreign Office acted by providing an independent Queen' s Counsel to review the case. The QC found that Craig was illegally imprisoned and denied his right to a fair trial where in the QC' s opinion he could have proven himself innocent.
The Foreign Office have been incompetent in the way in which they have handled this case even to the point where the report from the independent QC was withheld from the Foreign Secretary for over 4 months. Over the past 3 years the FO have advised against media coverage of this case because of the fear that the Brazilian Government might become upset! The Alden family now see that the media blackout has not helped and they are to tell their story
The Alden family blames the FCO for not acting sooner in this case of obvious injustice which would have avoided the current breakdown in UK-Brazilian relations over the London shooting. The Foreign Office have also compounded the situation by issuing an incorrect press statement implying that Craig was guilty and wanted to return home to a nicer prison. The Alden family is demanding an immediate retraction of this incorrect and damaging statement and public confirmation from the Foreign Office that the true facts in the case are that the appeal to Brazil was for the return of a British citizen unjustly imprisoned and denied basic Human Rights in Brazil.
01 July 2005
No way forward with legal process
It has sadly become evident through the way that the legal appeal process is conducted in Brazil, that Craig is unlikely ever to receive redress through the Brazilian legal system. The new focus for the campaign is therefore to achieve Craig's release and return to the UK by requesting a Presidential expulsion order.
The British Foreign Secretary Jack Straw wrote in April 2005 to the Brazilian Foreign Minister requesting that the Brazilian Government review the case of Craig Alden a British Citizen imprisoned in Brazil and backing his request for a Presidential expulsion order, so that Craig may be returned to his family in the UK.
The Foreign Secretary acted in response to the findings of an eminent UK Queen's Counsel. These findings are set out in two independent legal reviews which state amongst other things 'that the conviction of Craig Alden is completely unsafe and that a grave miscarriage of justice has been done' and 'There are grave breaches of basic human rights in relation to the basic requirements of a fair trial. Craig Alden was not given a fair trial by any internationally recognised standards'.
The Queen's Counsel initially formed his opinion based on his review of the court papers relating to this case. So concerned was he regarding the breaches of human rights and lack of right to a fair trial that he subsequently travelled to Brazil to interview Craig in his cell and talk to his Brazilian Lawyers.
Despite the evidence presented to the Brazilian Government in the independent legal reviews, the Brazilian Government have so far not responded to the Expulsion request nor to the Foreign Secretary's letter. It is feared that Brazil will deny the request and as media enquiries grow we may be forced to take the publicity path to help gain Craig's release from this unlawful imprisonment. The BBC have expressed interest in Craig's case and have asked to see copies of the documentation.
Every supporter is asked to write on a regular basis to the UK Foreign Secretary The Right Honourable Jack Straw at the Foreign & Commonwealth Office in London and to the Brazilian Ambassador [see details below] asking for the release and return of Craig Alden to the United Kingdom.
In the interim Craig continues to fear for his life. Please write to him via the email link on this website. It is important that we maintain contact with Craig and help to show the local authorities in Planaltina that he is not forgotten.
We ask supporters to continue to support the on-line petition and have your friends sign it as well so we can keep the pressure going on this case for Craig.
01 September 2004
Latest News
Efforts are continuing to seek the release of Craig Alden from unlawful imprisonment in Brazil and every supporter is asked to write on a regular basis to the UK Foreign Secretary The Right Honourable Jack Straw and to the Brazilian Ambassador [see details below] asking that they fight on behalf of the Alden family to gain the release of Craig Alden as he has been imprisoned without a defence or fair trial.
Craig's health is not good at present as he is suffering from stomach upsets and is therefore losing weight as well as suffering headaches. Craig continues to fear for his life and he asks for you to write to him via the email link on this website as this is what is keeping him going. It is important that we maintain contact with Craig and help to show the local authorities in Planaltina that he is not forgotten.
Please write again to Jack Straw and the Brazilian authorities even if you have written in the past as we must keep this case in the headlines if we are to achieve his release
01 April 2004
Latest News
1: Brazilian Foreign Ministry Issue Response Which Contains Incorrect Statements and Inaccuracies Which Could Damage Craig's Case. FOLLOW THIS LINK
2: Right To Further Appeal Denied
The latest appeals to the STF and STJ have been stopped from proceeding by the Goiania state judiciary because they do not consider them 'necessary' . In effect this means that the appeal process is terminated at present and Craig' s case will go forward to the Criminal Revision stage. This is bad news in that the state court has denied Craig' s right to appeal further. If an appeal is filed against this decision it could delay the process by up to another 2 years, if not filed it might bring forward the Criminal Revision.
The justice system in Brazil allows appeals on points of law to the State Court and the Supreme Court both of which have debated the legalities of Craig' s case and refused to dissolve the charges against him. All appeals have been strictly on points of law - no review or presentation of evidence in his case.
The Brazilian appeals system is slow and laborious with appeals having to be filed in the lower court before being taken to the Supreme Court. The Criminal Revision process, where all evidence both for the prosecution and the defence is reviewed in detail takes place after the 'conviction' is confirmed at the end of the 'appeal process'. Craig' s lawyers are hoping to receive redress in the Criminal Revision stage and to gain his release however this process could take more than three years to conclude. The Prosecutor is likely to want to defend her original actions and challenge every stage of the Criminal Revision process. There is also the serious concern for Craig' s safety in the local prison before and during the Criminal Revision stage when he will be bringing evidence to show that the prosecutor and some other local officials acted illegally in his prosecution. In order to defend against the charges Craig will have to present evidence of alleged collusion and criminal activity by local officials which could place him in severe danger.
The Brazilian government could invoke a little used instrument of exclusion where an executive decision is taken to expel Craig from Brazil to the UK. Craig' s family have little confidence that he will receive justice in the Brazilian courts and are most concerned for Craig' s safety during the next stage of the appeals process. The new focus for the campaign will be to gain Craig' s release and expulsion from Brazil. Maureen Alden will be meeting the UK Foreign Secretary Jack Straw on Tuesday 27th April to appeal to the Foreign Secretary to seek an expulsion order on behalf of the Alden family.
In the interim we ask supporters to continue to support the on-line petition and write to the Brazilian Ambassador
It is important that people continue to sign the petition and have your friends sign it as well so we can keep the pressure going on this case for Craig. Please note there are separate submit buttons for the PETITION and the MESSAGE to Craig. Please submit both if you can, thank you. Please sign the petition NOW and write to your local MP and to the Brazilian Embassy for the attention of:
Ambassador José Mauricio de Figueiredo BUSTANI
Brazilian Embassy London
32 Green Street
London
W1K 7AT
Tel: +44 (0)20 7399-9000
Fax: +44 (0)20 7399-9100
Web: www.brazil.org.uk
Email:
COPY AND PASTE THE FOLLOWING TEXT INTO YOUR LETTER:
I write to appeal to you, on humanitarian grounds, to support an investigation into the imprisonment of Craig Eliot Alden currently serving a sentence of 48 years at the Civil Prison in Planaltina de Goias, Brazil. Craig was sentenced to 48 years on charges against which he was unable to benefit from a defence because of mistakes made by his legal representatives. I/we appeal to you to campaign on his behalf for a fair re-trial at which evidence to prove his innocence will be presented to the courts.
01 November 2003
Latest News
Craig's habeas corpus application to the Supreme Court in Brasilia has been rejected despite the fact that the habeas corpus was based on sound constitutional principles. In the end the Supreme Court ignored the precedents set in this type of case and changed the constitution where the Prosecutor is allowed to investigate and prosecute a case if it is in connection with the Child Welfare Act. This random reclassification of the role of the Prosecutors Department meant that our habeas corpus had no basis for success.
We must now proceed with additional appeals through the state court in Goiania. An appeal was lodged based on 16 points where the law had been incorrectly applied in Craig’s case however the State Appeal Court ignore 15 of these points and instead reduced Craig’s sentence from 48 years to 11 years. What looked like good news at first became bad news in that the State Appeal Court randomly reclassified Craig’s crimes to a higher classification where he will have to sever 2/3 of the sentence [11 x 2/3 = 8 years] when his original sentence of 48 years was on the basis of a minimum of 1/6th minimum term of 8 years. Therefore despite the reduction in the sentence the time to be served before parole remains at 8 years.
Craig’s lawyers are challenging the fact that the court ignored the 15 points of law and is forcing a decision on these points so that he can appeal them to the higher court. Without a response from the lower court it is not possible to take this case to a higher appeal.
We have learned on 4th November that Craig’s sentence is further reduced to 9 years because the original trial judge had sentenced Craig to 2 years on a charge that was never brought against him! The madness continues……
Craig remains in prison in Planaltina, Brazil and has now served more than 17 months with only four exercise periods since December 2002. Craig briefly lost his single cell status when prisoners were placed in his cell for approximately four weeks. Craig is now once again 'safe' in a single cell in Planaltina prison.
Craig remains determined to fight for his release and is trying to keep up his spirits. Your letters and e-mails play a vitally important role in supporting Craig in his fight and most importantly, your letters to the Brazilian embassy and authorities in Brazil and the UK are keeping the case profile high at a time when some would wish that the whole matter would simply disappear.
01 September 2003
Latest News
Craig's case continues to be examined by the Supreme Court in Brasilia and we are hoping that a decision on the habeas corpus will be heard in November 2003. The process has been delayed due to the legal complexity of the point of law that Craig's habeas corpus is based upon 'that the Prosecutor under Brazilian law is not allowed to conduct a criminal investigation herself/himself as happened in Craig's case. This point of law has been upheld in two previous cases and there is a good hope that Craig can be released because of the illegality of the process that jailed him. This is a difficult political case in Brazil and represents a battle between the Prosecution Authorities and the Supreme Court.
In addition to the HC at the Supreme Court, a second appeal is progressing through the courts in Goiania state that challenges the case on the nature of the evidence that was allowed [hearsay] and importantly on the fact that Craig's defence against the evidence against him was not allowed to be heard because of mistakes made by his lawyer and machinations of the Prosecutor in this case. The Goiania appeal should commence in September 2003 and could in itself lead to Craig's release however Craig's new lawyers see the Supreme Court route to be the most profitable route for this case. We can only hope and pray that Craig will receive justice in the near future.
Craig remains in prison in Planaltina, Brazil and has now served more than 400 days in a single cell with perhaps three exercise periods since December 2002. Craig briefly lost his single cell status when a prisoner was placed in his cell for approximately four weeks. Craig is now once again 'safe' in a single cell in Planaltina prison.
Craig remains determined to fight for his release and is trying to keep up his spirits. Your letters and e-mails play a vitally important role in supporting Craig in his fight and most importantly, your letters to the Brazilian embassy and authorities in Brazil and the UK are keeping the case profile high at a time when some would wish that the whole matter would simply disappear.
Some good news and some bad news:
The authorities in Planaltina have dropped the civil case against Craig [charges relating to his alleged failure in his role as President of the Abrigo]. The object of the civil case was for the local authorities to remove Craig from his position of President of the Abrigo Warboys Orphanage trust along with the other directors and to seize control of the lands and assets. The Prosecutor instead chose to call a public meeting last February [without giving notice outside of Planaltina] at which a secret ballot was held to elect a new President and board of directors to the Abrigo. This new board includes local political figures and also a member of the civil police who attacked Craig in his cell in 2002. The new 'board' have now taken over the Abrigo and rumours abound that it is to be converted into an agricultural college or sold off for the benefit of the local community. We have launched an appeal against this action not least because the notice of the meeting was not properly addressed and the Warboys Project Brazil trust in Cambridgeshire UK [fundraising agency] was not informed of the meeting despite the fact that they have a legal right to have a representative on the board of the Abrigo.
The good news in this situation is that the Supreme Court have called for the papers related to the civil case as they feel the dropping of the civil case has an important implication in their review of the criminal case.
The good news [2]: Maureen Alden and I went to the Brazilian embassy in London with your web petition and met the local Director for Human Rights who was fully aware of the case because of the many letter they have received at the Brazilian embassy in London. It appears that each letter received has to be sent on to the Foreighn Ministry in Brazil and copied to the Ministry of Justice and the National Secretary of Human Rights in Brasilia. We presented the petition [approx 1,200 signatures] and also delivered a letter to President Lula who was visiting the UK. Keep putting pen to paper or fingers to keyboards.
The good news [3]: The UK Foreign Seretary Jak Straw raised Craig's case with the Brazilian Minister for European Affairs who accompanied President Lula on his visit in July. This action, whilst later than wished, is welcomed none the less and hopefully has shown that the UK government is still interested in Craig's wellbeing.
Please keep on checking into the web site on a regular basis and remember to spread news of the web petition to your friends and ask them to write to the authorities [always in a respectful tone please].
01 August 2003
Latest News
Sir Brian Mawhinney PhD.MP. has put down an Early Day Motion in the House of Commons re Craig's case
This House:
"Congratulates Craig Alden on establishing the Abrigo Warboys Brasil (AWB) orphanage in 1991 and on the care and education which it has made available to more than 400 needy children over the years; regrets that local officials sought to place 'unsuitable' children in the AWB for their own reasons; deplores Craig's arrest on highly dubious alleged evidence and the problems of representation and process which he has experienced within the judicial and custodial services; regrets the charges of child abuse levelled against him; thanks the Foreign Office and local consular staff for the assistance they have given to Craig and calls on the Brazilian authorities to ensure that he gets an early habeas corpus hearing before the Brazilian Supreme Court and all the benefits which would flow from the application of internationally accepted standards of legal due process."
The number of the EDM is 1592 dated 15.07.03 in paper no 130 - page 7087
Please write to your MP asking him/her to support this motion and informing him/her of the website.
www.freecraigalden.com
Please pass onto your friends especially those who have a different MP to your own.
01 June 2003
Case was not heard on the 25th June
Unfortunately Craig’s case was not heard on the 25th June after all because the Supreme Court ran out of time and have now adjourned until early August.
Craig was shattered by this news as he had every expectation of being released from jail. He will now serve past his first anniversary.
It is important that people continue to sign the petition and have your friends sign it as well so we can keep the pressure going on this case for Craig.
Please note there are separate submit buttons for the PETITION and the MESSAGE to Craig. Please subit both if you can, thank you.
01 March 2003
Craig remains in prison
Craig remains in prison. He is losing weight and his health is
deteriorating.
Boy (W) is now again living at the Abrigo having been given a house on the site by the Prosecutor for his own use.
Boy (W) has never been investigated for the charges of sexual abuse on the other children in the Abrigo and now works for the Prosecutor in this case.
On a visit to the Abrigo on 30th March 2003 I witnessed teenagers entering the site to visit boy (W) at ‘his’ house and children at the home confirm that drugs are being used in this house and parties were regularly taking place.
Simon Trundle
Pastor
New Life Church
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