Select Committee on Foreign Affairs Written Evidence


Letter to the Clerk of the Committee from the Head of the Parliamentary Relations and Devolution Team, Foreign and Commonwealth Office

CONSULAR CASE—CRAIG ALDEN

  In the first two reports Mr Richardson found that there were serious concerns about the fairness of Mr Alden's trial proceedings. He further found that the appeal process offered little hope of addressing these concerns and suggested three options to take the case forward. His third report focussed on Mr Alden's welfare. All three reports were submitted to the Foreign Secretary.

  In early 2005, Mr Alden indicated he would prefer to pursue non-legal avenues, if his latest appeal failed, as they might offer a better prospect of resolving his situation. Under Brazilian law, clemency was not an option because Mr Alden had been convicted of a "heinous" crime which was outside the scope of clemency. The Pro Bono lawyer advised that an alternative was to apply for Presidential Expulsion.

  Presidential Expulsion is limited to foreign nationals and is enacted by Presidential prerogative. Once expelled, an individual may not return to the country unless the decree establishing his or her expulsion is revoked. In order to seek expulsion, an individual must have exhausted, or abandoned, the judicial process. This option obviously denied Mr Alden the chance to clear his name. He and his family had explicit concerns about going down this route. We also considered that this was a high risk strategy given domestic political pressures in Brazil about the nature of the alleged crime.

  Nevertheless, Mr Alden and his family decided to apply for Presidential Expulsion, and the Foreign Secretary agreed to write in support of Mr Alden's application. The Foreign Secretary wrote to the Brazilian Foreign Minister, Mr Celso Amorim, on 30 March 2005 setting out our reasons for supporting Presidential Expulsion and expressing concern about the trial as outlined in the independent pro-bono lawyers' reports. In parallel, our Ambassador in Brazil presented a copy of the Foreign Secretary's letter and copies of Mr Richardson's reports to the Minister of Justice and was assured of a swift response. On 15 July, the Foreign Secretary sent a second letter to Mr Amorim expressing the family's frustration that a decision on Presidential Expulsion had not yet been made. Mr Amorim replied on 11 November saying that it was impossible to expel someone before his sentence had been served or who has a Brazilian child, as Mr Alden does. He suggested that the Prisoner Transfer Agreement be engaged.

  The Foreign Secretary wrote again on 18 November asking the Brazilian Government to look again at the human rights issues at stake. In between these ministerial exchanges, our Ambassador and his staff kept in regular touch with Brazilian Ministers and their officials pressing for a response to the Foreign Secretary's letters on behalf of Mr Alden.

  On 16 December, Mr Amorim replied to the Foreign Secretary's letter of 18 November saying that his Ministry and the Ministry of Justice had carefully considered the human rights concerns raised by the Foreign Secretary. The letter referred to a power of attorney signed by Mr Alden about the engagement of criminal lawyers on his behalf, added that Mr Alden was convicted only after all possible measures within the Brazilian judicial system had been taken and provided a résumé of subsequent habeus corpas appeals by Mr Alden. The letter also repeated the Brazilian Government's willingness to look at applying the Prisoner Transfer Agreement in this case and to the possibility of regime progression (parole). Embassy officials called on the Ministry of Justice on 23 December seeking a meeting to clarify its contents and we will discuss possible next steps with Mr Alden and his family in coming weeks.

  Since his arrest, Mr Alden and his family have expressed concerns over his safety while in prison. In Brazil, prisoners convicted of heinous crimes are usually imprisoned within the general prison population. We have taken his fears about his safety seriously and Embassy officials have made numerous successful representations to the Brazilian authorities, requesting that he remain apart from other prisoners. For example, in September 2005 the Embassy received information that Mr Alden was to be moved into the general prison population. The Consul and Pro Consul visited the prison (some 45 miles away) immediately to dissuade the new prison director from moving Mr Alden and to remind him of the Brazilian authorities' obligation and responsibility for Mr Alden's welfare. After some discussion the director agreed to keep Mr Alden isolated from the general prison population. Two days later, the Embassy followed up this discussion in a meeting with the Brazilian Ministry of Foreign Affairs.

  The Embassy also had meetings with the Ministry of Justice. As a result, the Consul wrote to Mr Alden outlining a number of options that were open to him, including transferring to another prison. But Mr Alden preferred to remain where he was at Planaltina prison. In his letter of 11 November 2005 to the Foreign Secretary, Mr Amorim referred to a report he had received from the Ministry of Justice about the Planaltina prison, and confirmed that Mr Alden would remain there, separated from other prisoners.

  Since his conviction, Mr Alden has talked a number of times about going on hunger strike. He did so on 1 November 2005. We urged him to reconsider his decision, while, at the same time, recognising that it was ultimately his decision to take. Consular staff and the Embassy nurse paid a number of visits to Mr Alden to check on his welfare. On the days that they did not visit in person, they telephoned to check on his health. They ascertained that Mr Alden was accepting liquids and that food was available to him. Mr Alden ended his hunger strike during a visit by the Consul and the Embassy nurse on 13 December. But we understand that he may resume his hunger strike.

  Ultimately, decisions on the next steps can only be taken by Mr Alden and we will do everything we reasonably can to support his decision. In addition to Presidential Expulsion Mr Alden has applied for Criminal Revision. If this is granted he will have the opportunity to produce new evidence to clear his name. Alternatively he could apply under the Prisoner Transfer Agreement to serve his remaining sentence in the UK. Another option would be to apply for parole when he is qualified to do so under the Brazilian penal system. Mr Alden currently has a case before the Supreme Court challenging the constitutionality of not allowing regime progression for heinous crimes.

  We will continue to offer Mr Alden consular support and remain engaged with the Brazilian authorities, within the boundaries of our consular policy and respect for the sovereignty of Brazil, including the independence of its judiciary.

Chris Stanton

10 January 2006

CRAIG ALDEN—CHRONOLOGY
01/07/02Craig Alden arrested by Brazilian authorities, accused of sexual abuse of a minor. Taken to Delegado de Policia, Barrolandia, Planaltina de Goias. Charged by police with four accounts of child abuse and corruption of minors.

Embassy Consular Officer attends police station to provide consular assistance.

02/07/02First Court Hearing. Mr Alden visited by lawyers, Dr Mauricio.

Mr Alden attends a preliminary hearing with lawyer. Exact charges are Articles 214 and 224 (a) of the penal code and Articles 232 and 243 under the statute of the Child and Adolescent relating to child and corruption of minors.

03/07/02Mr Alden's mother, Mrs Maureen Alden, informed of his arrest.

15/07/02Mr Alden summoned to local courts by judge. Served with new charges. Visited by Consular staff.

18/07/02Consular staff visit Mr Alden.

The then Ambassador speaks to Mr Alden on telephone.

19/07/02The then Ambassador calls on Ambassador Marcelo Jardim, Director for Europe at Ministry of Foreign Affairs (MFA). Hands over Note Verbale expressing concerns relating to Mr Alden's safety and welfare since his arrest.

22/07/02Embassy official meets Mr Alden's lawyer and Embassy nurse.

25/07/02The High Court in Goiania provided Mr Alden's lawyer a statement of release. Charges not dropped. District Prosecutor insists Mr Alden should not be released. Mr Alden is taken to hospital for a pre-release medical.

Police Officer provides lawyers with new paperwork signed by local Judge. Mr Alden served with new charges and re-arrested.

26/07/02Consular staff visit Mr Alden.

29/07/02Embassy official calls Ambassador Marcelo Jardim, Director for Europe, MFA.

30/07/02Embassy officials meet Mr Alden's new lawyer, Cristina Dos Santos.

02/08/02Consular staff visit Mr Alden.

Consul and VC meet member of the Superior Tribunal of Justice.

14/08/02Final hearing postponed until 26 August.

24/08/02Letter from Mr Alden to then Ambassador.

26/08/02Hearing takes place. Appointed lawyer fails to appeal. Court appoints Dr Ana Maria to represent Mr Alden. He declines but accepts public lawyer Dr Jarmisson Goncalves de Lima.

27/08/02Pro Consul visits Mr Alden before court hearings.

02/09/02Report sent by Mr Alden's lawyer, Maria Cristina Santos, to British Embassy Brasilia.

17/09/02Report from Maria Cristina Santos to BE Brasilia.

23/09/02Mr Alden's lawyer calls on the then Ambassador and officials.

01/10/02Embassy official called by Celso Franca, International Adviser to the State Secretary for Human Rights of the Ministry of Justice.

04/10/02Mr Alden visited by Embassy official.

08/10/02Embassy official calls Celso Franca, Adviser, Ministry of Justice.

17/10/02Embassy official visits Mr Alden.

Celso Franca, Adviser, Ministry of Justice contacts Embassy official.

25/10/02Celso Franca, Adviser, Ministry of Justice calls on Embassy official.

29/10/02Mr Alden appoints new lawyers, Carvalho, Ribeiro, Melo and Tognolo.

31/10/02Embassy official visits Mr Alden.

08/10/02Celso Franca, Adviser, Ministry of Justice, contacts Embassy official.

Report sent to British Embassy Brasilia by new lawyers.

14/11/02Embassy official visits Mr Alden.

Second report sent to British Embassy Brasilia by new lawyers.

19/11/02Mr Alden formally convicted. Sentenced to 48 years. Mrs Alden informed by friends. Lawyers confirm appeal process has already started.

20/11/02Habeas Corpus denied by Judge Fernando Goncalves.

Mr Alden's lawyer, Gustavo de Carvalho, attends Embassy to brief on case.

21/11/02Embassy official visits Mr Alden.

27/11/02Mr Alden moved to a state prison.

28/11/02Consular official visits Mr Alden.

The then Ambassador calls on Ambassador Marcello Jardim.

03/12/02Embassy official speaks to Celso Franca, Adviser, Ministry of Justice, Ronaldo Dunlop, Ministry of Justice, Pedro Saldanha, Ministry of Foreign Affairs and Mr Alden's lawyer.

04/12/02Mrs Alden and Pastor Simon Trundle[5] arrive in Brasilia.

The then Ambassador calls on Minister of Justice

Mrs Alden meets the then Ambassador

Mrs Alden meets Secretary of Justice (Deputy Minister).



06/12/02Mrs Alden and Pastor Trundle meet Embassy official.
Embassy official escorts Mrs Alden and Pastor Trundle to visit Ambassador Jardim, Director for Europe, Ministry of Foreign Affairs.
17/12/02Habeas Corpus application to Supreme Court of Justice (STJ) is denied.
24/12/02Embassy official visits Mr Alden.
31/01/03Embassy official speaks to Celso Franca, Adviser, Ministry of Justice.
03/02/03Embassy official visits Mr Alden.
Embassy official speaks to National Secretariat for Human Rights.
04/03/03Baroness Amos, the then Foreign Office Minister, meets Sir Brian Mawhinney MP, Mrs Alden and Pastor Trundle in the House of Lords.
07/03/03The then Ambassador and a consular official meet Mr Alden's defence lawyer, Gustavo Carvalho.
13/03/03The then Ambassador meets Minister of Justice.
18/03/03The then Ambassador meets the Brazilian Foreign Minister.
24/03/03Embassy official visits Mr Alden.
26/03/03Mrs Alden and Pastor Trundle arrive in Brasilia. Embassy official accompanies Mrs Alden and Pastor Trundle on a call on her lawyer.
27/03/03Embassy official takes Mrs Alden to call on National Secretary of Justice, Claudia Chagas.
Embassy official calls on Ambassador Jardim, Director for Europe, MFA
04/05/03Bill Rammell, Minister for Latin America, raises case during trip to Brasilia with Special Secretary for Human Rights.
23/06/03Embassy official visits Mr Alden.
10/07/03The then Ambassador meets Celso Franca, International Adviser, Special Secretariat for Human Rights, Ministry of Justice.
11/07/03Foreign Secretary raises case during meeting with Brazilian Minister of External Relations, Celso Amorim.
31/07/03Pro Consul visits Mr Alden.
12/08/03Embassy official accompanies Mrs Alden to call on Ambassador Jardin at the Ministry of External Affairs.
03/09/03State Court in Goiania hears Mr Alden's appeal. Sentence is reduced from 48 years to 11.
14/10/03The Supreme Court rejects Mr Alden's application for Habeas Corpus.
19/11/03Embassy official calls on the Federal Director for Prisons at the Ministry of Justice.
12/12/03An appeal sent to the Prime Minister from Pastor Trundle about Mr Alden.
28/01/04Consular officials visit Mr Alden.
02/03/04Embassy official speaks to Celso Franca, Adviser, Ministry of Justice.
04/03/04Consular officials visit Mr Alden.
08/03/04Mrs Alden and Pastor Trundle call on the then Ambassador in Brasilia.
09/03/04Mrs Alden, Pastor Trundle and an Embassy official, call on Claudia Chagas, Secretary for Justice.
10/03/04FCO contacted by Brazilian Embassy, London. Mr Alden's case raised.
10/03/04Mrs Alden and Pastor Trundle visit Mr Alden. Also meet lawyer, Gustavo, and Dr Agostinho, of the Human Rights Commission of the Federal Chamber of Deputies.
27/04/04Mrs Alden, Sir Brian Mawhinney and Pastor Simon Trundle meet the Foreign Secretary.
Consular officials (including London Consular Case officer) visit Mr Alden.
24/06/04Consular official visits Mr Alden.
13/08/04Jeremy Richardson QC, first report submitted to Alden family.
22/09/04Consul and Pro Consul visit Mr Alden.
27/09/04Jeremy Richardson QC visits Brazil (until 01/10/04).
11/10/04Jeremy Richardson QC, second report submitted to Alden family.
09/11/04At family's request, Consul writes to Mr Alden asking for his views on the options presented after Jeremy Richardson's report. Options provided as follows (options 1-3 from Jeremy Richardson's report, and option 4 from Mrs Alden and the Supporters' Group):
1.Maintain the status quo and continue with legal avenues.
2.Take a "twin track" approach of legal avenues (including "criminal revision") and simultaneously seek "Presidential Expulsion".
3.Drop the legal avenues and seek "Presidential Expulsion".
4.Continue with the application for Habeas Corpus based on a lack of defence; the Ambassador to call on the President of the STJ (the Supreme Court for Judicial Matters) to seek reassurance that the Habeas Corpus application will be given due and proper consideration.
Mr Alden asks for "Option 4" to be pursued.
07/12/04The then Ambassador calls on Mr Edson Vidigal, President of the Supreme Court of Justice (STJ).
22/12/04Consular official visits Mr Alden.
01/02/05Director of Consular Services meets Mrs Alden, Sir Brian Mawhinney MP, Jeremy Richardson QC, and Pastor Simon Trundle.
03/02/05Email from Director of Consular Services to Mrs Alden.
11/02/05The Foreign Secretary agrees to support Mr Alden's application for Presidential Expulsion.
14/02/05Letter from Mr Alden to Consular official.
21/02/05Consular official visits Mr Alden.
02/03/05Mr Alden formally requests to apply for Presidential Expulsion, with HMG support.
11/03/05Consul speaks with both Mr Alden and his lawyer.
17/03/05Mrs Alden meets Director of Consular Services and Ambassador Brasilia.
21/03/05Jeremy Richardson QC provides a three-page summary of his two reports into Mr Alden's case.
22/03/05Letter from the Foreign Secretary informing the Home Secretary that Sir Brian Mawhinney wishes to meet to discuss implications of Mr Alden's possible transfer.
30/03/05The Foreign Secretary writes to Brazilian Foreign Minister.
01/04/05The Ambassador visits Mr Alden.
Mr Alden's lawyer delivers his signed letter, applying for Presidential Expulsion, to the Brazilian Ministry of Justice.
The Ambassador sends the Foreign Secretary's letter to the Brazilian Minister of Foreign Affairs, Celso Amorim, with covering letter.
04/04/05Ambassador meets Claudia Chagas, National Secretary of Justice.
05/04/05Ambassador calls on Brazilian Minister of Justice, to discuss Mr Alden's case. Hands over copies of Mr Alden's request for Presidential Expulsion, the Foreign Secretary's letter, and Jeremy Richardson QC's summary.
07/04/05David Lammy, Minister at the Department for Constitutional Affairs, raises Mr Alden's case with Brazilian Minister of Justice during his visit to the UK.
26/04/05Supreme Court of Justice (STJ) panel of judges meets to consider Mr Alden's Habeas Corpus application. Panel judges ask to see further papers. Once papers have been read, panel judges will meet again to consider application.
Minister Bastos (Ministry of Justice) contacts the Ambassador. Explains that they are looking carefully at the case but have not yet made a decision. Minister tells the Ambassador that when a decision is made he would like them to meet so he can personally discuss and advise him of the decision.
05/05/05Embassy official raises case with Claudio de Alencar, Bastos' Chefe de Gabinete, and Ambassador Portella, International Adviser.
Mr Alden informed that Habeus Corpus application was denied.
Consul speaks to Mr Alden.
13/05/05Consul speaks to Mr Alden. Mr Alden states that he has given permission to Mrs Alden and Pastor Trundle to take his story to UK media. Both Mr Alden and Mrs Alden advised that it is their decision, but would not be in his best interests.
19/05/05Embassy official raises case with Ambassador Oswaldo Portella, Minister Bastos' Senior Adviser (Ministry of Justice).
01/06/05Email from Mrs Alden to Director of Consular Services stating her concerns about the lack of response from the Brazilian authorities regarding Mr Alden's Presidential Expulsion application.
Letter from the Ambassador to Minister Bastos. Asks when Minister might be in a position to discuss the case with HMG.
16/06/05Ambassador meets Claudia Chagas, National Secretary of Justice.
20/06/05Ambassador meets Mrs Alden and Rev Bartlett (Supporter's Group).
Mrs Alden and the Ambassador meet Claudia Chagas, National Secretary of Justice.
04/07/05Letter from Mrs Alden to Director of Consular Services. Attached copy of a letter from Craig Alden to the Prime Minister.
Director of Consular Services telephones Mrs Alden.
12/07/05Ambassador meets Lord Mawhinney and Mrs Alden's MP, Shailesh Vara.
13/07/05Baroness Scotland, Home Office Minister meets Claudia Chagas, National Secretary of Justice.
14/07/05Director of Consular Services and the Ambassador telephone Mrs Alden.
15/07/05Second letter from the Foreign Secretary to Minister Amorim.
22/07/05Letter from Director of Consular Services to Lord Mawhinney re UK/Brazil Prisoner Transfer Agreement (PTA), and the Sex Offenders Register
26/07/05Foreign Office Minister, Lord Triesman meets Mrs Alden and Shailesh Vara MP.
27/07/05Embassy official visits Mr Alden.
28/07/05Letter from Director of Consular Services to Shailesh Vara MP re Prisoner Transfer Agreement.
29/07/05Mr Alden visited by Consul.
02/08/05The Ambassador calls on Claudia Chagas, National Secretary of Justice. The Ambassador delivers letter from Mrs Alden to Ms Chagas.
10/08/05Embassy officials receive letter from Brazilian National Secretariat of Justice accepting Mr Alden's original request to remain in Brazil for two years after his sentence finishes.
11/08/05Letter from Director of Consular Services to Mrs Alden about the UK-Brazil Prisoner Transfer Agreement.
25/08/05Embassy officials and London based case officer attend meeting at the Ministry of Justice with the Secretary of Justice' Chefe de Gabinete. Brazilians inform that they will reject Mr Alden's application for Presidential Expulsion. An official letter from the Foreign Minister to the Foreign Secretary will be forthcoming soon.
26/08/05Embassy officials visit Mr Alden at Planaltina prison. Inform him of Ministry of Justice's decision. Mr Alden threatens to go on hunger strike if family do not go to press.
31/08/05Pastor Trundle arrives at FCO unannounced. Meets consular officials.
13/09/05Embassy official meets Dr Andre Macedo, Private Secretary to Claudia Chagas.
14/09/05Director of Consular Services meets Mrs Alden, Shailesh Vara MP, and Pastor Trundle.
16/09/05Director of Consular Services speaks to Minister Mitzi Costa, Deputy Head of Mission the Brazilian Embassy in London.
20/09/05Consul talks to the new prison director, Dr Dercio Sebastiao de Oliveira, regarding new threats to move Mr Alden in with general prison population.
21/09/05Consul and Pro Consul attend prison to discuss threats of moving Craig in to general prison population.
22/09/05Dr Andre Macedo contacts Embassy official.
23/09/05Embassy official calls on Counsellor Lineu de Paula, acting Chef de Cabinet.
30/09/05The Ambassador raises Mr Alden's case with Foreign Minister Amorim's Chefe de Gabinete.
03/10/05British Embassy, Brasilia, receives written reply from Brazilian Ministry of Foreign Affairs to the Foreign Secretary's letters to Foreign Minister Amorim. Letter briefly explains that Ministry of Justice is now dealing with the case.
11/10/05Embassy official calls on General Athos, Secretary of Security for the federal district.
18/10/05Consular official writes to Mr Alden about his safety in prison, and options available to him.
Letter from Mr Alden to Director of Consular Services.
21/10/05Mr Alden informs Embassy official that he intends to go on hunger strike on 1 November.
24/10/05Mrs Alden, Shailesh Vara MP, and Pastor Trundle meet the Ambassador to Brasilia in London.
Consular official visits Mr Alden.
27/10/05Consular official visits Mr Alden in prison.
28/10/05Director of Consular Services replies to Craig Alden's letter of 18 October.
31/10/05The Ambassador meets the Foreign Minister, Amorim's acting Chef de Gabinete.
Consular officials meet Mrs Alden in Brasilia.
01/11/05Embassy official speaks to Dr Andre Macedo, Chefe de Gabinete to Claudia Chagas.
Craig Alden starts hunger strike.
03/11/05The Ambassador speaks with Ambassador Portello, Ministry of Justice's international adviser.
Consular official and Mrs Alden visit Mr Alden.
Letter from Craig Alden to FCO, London.
04/11/05Third report by Jeremy Richardson QC on Craig Alden on welfare.
Reply from Director of Consular Services to Craig Alden's letter of 3 November, delivered immediately by Embassy driver.
08/11/05Letter from Dr Andre Macedo, to Embassy official about Mrs Alden's letter to Claudia Chagas.
10/11/05Embassy official speaks to Foreign Minister Amorim's Chefe de Gabinete.
11/11/05Foreign Secretary receives official written response from Ministry of Foreign Affairs.
Vice Consul and Embassy nurse visit Mr Alden.
15/11/05Letter from Lord Triesman to Mrs Alden.
16/11/05Lord Triesman raises Mr Alden's case with the Brazilian Ambassador to London.
18/11/05Letter from Foreign Secretary to Foreign Minister, Celso Amorim.
22/11/05Consul and Embassy nurse visit Mr Alden.
23/11/05Pastor Simon Trundle informs that Mr Alden has agreed to end his hunger strike, for a holding period, which is soon retracted by Mr Alden who continues his action.
01/12/05Consul and Embassy nurse visit Mr Alden.
05/12/05Lord Triesman meets Mrs Alden, Shailesh Vara MP, Pastor Trundle, and Sarah de Mas from Fair Trials Abroad.
07/12/05Pro Consul and Embassy nurse visit Mr Alden.
08/12/05Letter from Mrs Alden to Lord Triesman.
Sarah de Mas, Fair Trials Abroad, sends report on Craig Alden.
12/12/05Report from Pastor Trundle of his meeting with Minister Mitzi Costa at the Brazilian Embassy, London.
13/12/05Receive FAC request for report on Craig Alden case.
Ambassador receives email from Ambassador Bustani re Pastor Trundle's meeting at the Brazilian Embassy.
Consul and Embassy nurse visits Mr Alden. Mr Alden confirms that he will end his hunger strike and eats sandwich. Recovery diet and food supplies list provided by Embassy nurse. Provisions bought. Mr Alden states that if there are no positive developments by 1 March 2006 he will resume his hunger strike.
16/12/05Reply to the Foreign Secretary's letter to Minister Amorim, of 18 November, is received by BE Brasilia, translated immediately and forwarded to Consular Directorate.
23/12/05Embassy officials meet at the Ministry of Justice with Dr Andre[acute] Macedo and Dr Douglas Vasconcellos (Counsellor, Legal Affairs Division, Ministry of Foreign Affairs) to seek clarification of some points in Mr Amorim's letter of 18 November.
05/01/06Pro Consul visits Mr Alden.





5   Pastor Trundle, friend of the family, heads Mr Alden's supporters' group. Back


 
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