Michael Tonge,Please read this and imagine it was you!

Kev.

Michael Tonge - Lee Yarrow, Greece.
In August 1999 Michael Tonge, then aged 21 years old, went on holiday to Heraklion with a friend Lee Yarrow. One night they went to a party at a nightclub. Michael decided to head back to their apartment at about 5am but once at the front door, realised that he did not have the door key. He therefore headed back to the nightclub but could not find it. Michael ended up down a side road where three men approached him, speaking in Greek. One of them grabbed the chain around Michael's’ neck, wrestling him to the ground and another put his hands in Michael’s shorts. He tried to defend himself and was punched in the process. A forth man approached and hit Michael on the head with a baton, rendering him unconscious on the ground. He tried to get away but was kicked as he moved along the street. He even felt a bottle being smashed over the back of his head and one of the group tried to attack him with a knife, resulting in Michael being stabbed in the thigh and hand. In an act of self defence, Michael picked up the neck of a broken bottle and swung it about whilst attempting to escape.
Lee happened upon the scene on his way back from the club. He saw Michael being attacked by what looked like six men. When they saw Lee, the group attempted to attack him as well. Lee defended himself and was bottled in the neck by one of the gang.
The pair managed to get away and returned to their apartment. The Greek police arrived shortly after with about 20 local youths. Michael and Lee were arrested while the youths ransacked their apartment and took several of their belongings. The police stood by and watched.
During a five to six hour police interrogation Michael and Lee were punched, slapped and threatened with death unless they admitted their guilt. They were told to sign statements in Greek (a language they did not understand), no lawyer was present and they were not allowed access to a doctor despite their injuries and Michael needing stitches.

Whilst held by the police, Michael and Lee were subjected to unacceptable prison conditions such as:
Being held in a small cell with 6 other detainees
Only 2 insect-infested mattresses between them all
Insufficient food
No water
No toilet facilities

Lee was released on bail four days later (bail was set at £2000), at which point Michael was transferred to Neapoli prison by police van. He was handcuffed to a metal seat during the journey. Upon arriving at the prison, Michael was strip searched, given a bottle to urinate in and told by a prison guard that he would be killed in his sleep. He was held in a 6 square metre cell with 16 other detainees.
Some time later, Michael was again transferred to Korydallos Prison near Athens. During the 13 hour road journey, Michael was handcuffed to his seat in a crucifix style and was given no food other than a meal which he had to pay for. Part of the journey was by boat, during which Michael was whipped around the legs with a rope covered in rubber and also with a bunch of keys.
Whilst held at Korydallos Prison Michael was placed in a protection cell with 15 others, nearly all Albanian. He was told that he could not be put in a cell with other Greeks since the prison was almost in riot while he was there. Michael was again refused medical attention. His stitches needed to be taken out and a fellow prisoner had to assist him, using a bent pin and razor blade. For 2 months, Michael suffered with bleeding from the ears and pain behind his eyes.
Michael was eventually charged with attempted murder of the Greek men who had been injured during the incident. This was the man who Michael had cut with the broken bottle in an act of self-defence whilst attempting to escape. His only injury had been a small cut to the neck. Michael was held on remand for a total of 4 months before being granted bail, which was set at £4000. He went straight to the British Embassy where his family had left him £100 and returned to the UK, as permitted under his bail conditions. The Greek authorities were fully informed as to Michael’s contact and residence details.
By a warrant dated 22nd January 2001 (some 2 years later) issued by the Public Prosecutor of Greece, both Michael and Lee were summonsed to stand trial on the 18th September 2001. However with the summons they received a letter from the Home Office stating that they were not obliged under UK law to comply with the warrant. Michael sought legal advice in relation to this and ultimately decided not to return to Greece, fearful that if he did so he would be subjected to further ill treatment and not be afforded a fair trial. An arrest warrant was therefore issued at the beginning of 2002 and Michael was warned that if he entered Greece again, he would be arrested to stand trial.
On the 23rd June 2005, both Michael and Lee were tried and convicted in their absence by the Court of Iraklion for offences relating to the original incident. They were sentenced to 12 months’ imprisonment each. These offences were: causing injury during conflict and possessing and using an offensive weapon, for which this case was separate to the charge of attempted murder since the time period in which the Greek authorities had to prosecute these other crimes was elapsing. The attempted murder case is outstanding and as a result of Michael and Lee’s non-attendance, the trial on the 18th September 2001 was suspended.
On the 21st June 2005, some 6 years after the original incident, the Greek government issued a European Arrest Warrant seeking the extradition of Michael and Lee to Greece to stand trial for attempted murder. The matter was heard at City of Westminster Magistrates’ Court on the 4th October 2006. The Judge gave his decision to extradite both Michael and Lee on the 30th October 2006.
An appeal has been launched and the judges decision has been slammed by fair trials abroad and MP Alan Campbell along with other organisations.
Michael has no previous convictions and is in steady employment. He lives with his girlfriend and their two year old daughter. It is clear from the above that if Michael and Lee are extradited to Greece, there is a very real concern that they will not be afforded a fair trial as guaranteed by Article 6 of the European Convention of Human Rights and Article 14 of the International Covenant of Civil and Political Rights and would be under threat of subjection to ill treatment.

Issues of concern:
It is almost 7 years since the alleged assault took place
Michael and Lee received brutal treatment at the hands of the Greek authorities as detailed above. They reported this to the FCO and Amnesty International, a fact which has been relayed back to Greece. There is therefore a fear that if extradited, Michael and Lee will face harmful repercussions.
Greece has known the whereabouts of Michael and Lee since 1999 yet the Arrest Warrant was only issued in 2005. No explanation has been given for this delay.
FTA has dealt with other cases in Greece in which defendants have not been afforded a fair trial due to lack of access to a lawyer and/or interpreter; poor quality of interpretation services; police brutality; biased police investigations which are inadequately conducted; culture of ‘blame the foreigner’, planting of evidence; poor prison conditions and suspects forced to sign admissions of guilt.
Michael is now 28 years old. He runs his own business and supports his partner and their two year old daughter. If he is extradited, his business will collapse and his partner will be left unable to pay the mortgage.
Michael has always maintained his innocence yet this case has been dealt with under the presumption that he is guilty.

This is what you can do to support Michael Tonge:
Contact his MP Alan Campbell at the House of Commons to raise your concern about this matter.
Familiarise yourself with the issues if arrested in a foreign country and of your rights in the event that this happens.
Be aware that under the European Arrest Warrant, you could be surrendered to face legal proceedings in another European country be that even if you maintain that you are not guilty of an offence.




http://www.tynesidetwo.co.uk/