September 7th was the 1000th day of incarceration for Samar and Jawad since their convictions in December 1996.  It has been a long wait and as yet it is uncertain as to how soon justice will finally be done and their names cleared.  As you might recall from our previous mailing, Samar and Jawad's case has now been referred to the Court of Appeal.  A date has still not yet been set. 

The two main grounds on which permission to appeal was granted relate to the withholding of vital evidence by the prosecution and the government before, during and after the trial. The defence firmly believes that this evidence, insofar as it points to the guilt of other parties, renders the convictions wholly unsafe. The withholding of evidence, which was not even shown to the trial judge, and the use of gagging orders in this way, has breached Article 6 of the European Convention of Human Rights which guarantees the right to a fair and public hearing. The non-disclosure of evidence is notoriously associated with several other cases of miscarriage of justice because it necessarily undermines the fairness of the trial.  This is why the Scott Inquiry specifically recommended access to material where there is a possibility that a wrongful conviction may be quashed.

It is therefore vital that Samar and Jawad's lawyers are now given full access to all relevant material.  Without it, they will be unable to prepare a complete defence and the unfairness inherent in the trial will be repeated at the appeal.  Samar and Jawad have already wasted almost five years of their young lives whilst evidence which could lead to their acquittal remains hidden by the authorities. As Samar said "we do not want to be buried alive with the evidence".  They are innocent, and a full and fair hearing will exonerate them.

The campaign is therefore continuing its efforts to raise awareness of this injustice and is continuing to lobby the relevant authorities to ensure full disclosure.  It is in this context that we are now asking you, our sponsors and supporters, to write to the government and the prosecuting authorities asking them to end the cover-up and disclose all relevant material so as to ensure the legal process remains fair and open.

Over the last few months, Samar and the other prisoners at HMP Durham have been suffering from a serious deterioration of their daily regime. The most serious problems are as follows:

The exercise regime is completely inadequate, and is depriving women of their statutory rights. For months on end, women have not been getting regular exercise. Between 21 August and 4 September, they received exercise on 3 occasions, i.e., at best, 100 women only went out into the fresh air for about 2 hours over a 14 days period. By contrast, male prisoners have had no such problems.

The lock-up time has increased unreasonably, and the association time is sub-standard. Even inmates on enhanced regimes can be locked in 4 nights a week.

Black and foreign women are suffering from racial mistreatment from both inmates and officers.

The Campaign has raised these and other problems with regard to the conditions in HMP Durham with the prison authorities and also with the Chief Inspector of Prisons.  If you would like your concern to be felt please write to any or all of the following:

Mike Newall, The Governor, HMP Durham, Old Elvet, Durham, DH1 3HU

Martin Narey, The Director General of the Prison Service, Cleland House, Page Street, London SW1P 4LN. Telephone: (0171) 217 6000 (general line) - Fax Number: (0171) 217 6961

Paul Boateng, The Prisons Minister, Home Office, 50 Queen Anne's Gate, London, SW1H 9AT

No news on decategorisation. Thanks to sponsors and supporters, the Campaign was able to submit 360 signatures in support of decategorisation, bringing the total over the last three years to over a 1,000. However, as we understand it, the review of Samar and Jawadâs Category ÎAâ status has still not taken place.

Media coverage

The following papers printed articles on the case, most questioning the safety of the convictions, since our last mailing.

 1.    Time Out (May 26, 1999)

 2.    The newsletter of the Arab Organisation of Human Rights (May/June issue)

 3.    Haâaretz (June 15, 1999)

 4.    The Independent (June 19, 1999)

 5.    Palestine Mail - the newsletter of the Palestinian community in Britain (August 1999)

6.  Punch Magazine (September 11, 1999)