Skip to main content

UK: Appeals Court releases judgment detailing decision to dismiss appeal launched Lindsay Sandiford

MOSCOW, May 23 (RAPSI, Ingrid Burke) – The Court of Appeal of England and Wales released a judgment Wednesday detailing its earlier decision to dismiss an appeal launched by Lindsay Sandiford – a 56-year-old British woman sentenced to death by firing squad in Indonesia after having been caught with ten packets of cocaine in the Bali airport – challenging the Secretary of State’s decision not to assist in funding her death-penalty appeal.

Two days after being sentenced to death in late January, Sandiford appealed to England seeking an order compelling the Secretary of State to arrange for the availability of funds for an adequate legal team to assist in her efforts to appeal.

Specifically, Sandiford sought £8,000 – a discounted rate offered by the Indonesian lawyer of her choice. Having no funds of her own, she sought government assistance to supplement third-party donations she had been receiving.

Notably, Wednesday’s decision mentioned that she may no longer be in need of the government’s assistance at all: “It seems that, since the date of the hearing, she has received by third party donations the whole of the sum that is required. It may, therefore, be that the appellant no longer has an interest in the outcome of the appeal.”

The court opted to render its judgment no less, however, due to its implications for other UK nationals facing capital punishment abroad.

The Secretary of State’s decision was based on the following policy rationale, quoted by the court from the guide Support for British Nationals Abroad: “Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can give you a list of local interpreters and local lawyers if you want, although we cannot pay for either. ”

On appeal, Sandiford asserted the unlawfulness of the Secretary of State’s decision not to stray from the above policy on three bases: 1) she claims that the Secretary’s decision breaches her rights under the Charter of Fundamental Rights of the European Union (Charter); 2) she claims that the decision violates her rights as guaranteed by the European Convention on Human Rights (Convention); and 3) she claims that the Secretary’s policy never to fund legal costs in death penalty cases no matter the particular circumstances of a case is “irrational and therefore unlawful as a matter of domestic law.”

With regard to the first point, Sandiford claimed that her case is within the scope of EU law due to the fact that it is within the scope of a certain Framework Decision governing elements and penalties for drug trafficking crimes.

The Appeals Court held that the Secretary of State did not render his decision within the meaning of the Framework Decision, and that no other decision has been rendered which would serve to implement EU law in this case. As the Secretary had not been implementing the Framework decision when issuing his decision refusing to pay Sandiford’s legal fees, the decision was not in violation of EU law.

Lindsay Sandiford
Lindsay Sandiford
With regard to the second point, Sandiford argued that the Convention had been invoked by the fact that her situation fell within the scope of UK jurisdiction owing to the involvement of the UK Foreign & Commonwealth Office (FCO) and its consular officers in her case. These activities included: visits to Sandiford in custody, providing consular assistance and support, speaking with prison officials and police about various concerns, attending court hearings, assisting her and her family in obtaining legal representation, and providing light legal assistance.

After considering the relevant case law, the Appeals Court concluded that in certain cases, the activities of diplomatic and consular officials can draw a case into the jurisdiction of a given member state to the Convention. However, this tends only to occur when “the acts or omissions of which complaint is made come within the scope of an exercise of control and authority by the state in question.”

The Appeals Court held that Sandiford’s case did not give rise to such a jurisdictional finding, due to the nature of the assistance provided by the consular officials involved in the case. According to the judgment: “in circumstances where the individual is completely under the control of and detained by the foreign state, it is difficult to see how the necessary degree of authority and control can be exercised by diplomatic and consular agents who do no more than provide the kind of assistance that was provided to the appellant in the present case.”

With regard to the third point, Sandiford argued that the Secretary of State’s blanket policy excluding the provision of legal funds for any UK national facing the prospect of capital punishment abroad is irrational due to its failure to take into account individual circumstance.

Speaking to this point, an FCO official explained that a policy change would introduce its own crises of logic. Various arguments included, among others, the idea that the provision of legal funds for death penalty cases could create a slippery slope as far as other cases are concerned, and the assertion that it would be quite difficult for local consular officers to vet each lawyer involved in such cases for competency.

The Appeals Court held that while the practical problems presented by the FCO can be overcome, “the question is not whether the Secretary of State could produce a different policy which many would regard as fairer and more reasonable and humane than the present policy. It is whether the policy that he has produced is irrational.” To this, the judgment concludes that the policy is not irrational, and that it is in fact based in reasoning that is “neither arbitrary nor perverse.”

Accordingly, the Appeals Court upheld the lower court’s decision concluding that the Secretary’s decision was not unlawful.

Source: RAPSI, May 23, 2013

Related article:
Apr 21, 2013
Lawyers for British grandmother Lindsay Sandiford will go to the Court of Appeal in London over a UK government refusal to fund her appeal against a death sentence for drug smuggling imposed by an Indonesian court.

Most viewed (Last 7 days)

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

Florida | William Reaves set to be executed on Oct. 20 at 6 p.m.

With his execution date looming, convicted killer William Reaves will soon be moved from Raiford's Union Correctional Institution to a death watch cell in nearby Florida State Prison, a maximum-security complex also known as "The Rock." Reaves, 77, a former Gifford resident in Indian River County who’s been on death row for 38 years, is scheduled to die by lethal injection on Oct. 20 at 6 p.m. His execution will fulfill a sentence of death imposed for the 1986 fatal shooting of Indian River County Sheriff’s Cpl. Richard “Raz” Raczkoski outside a Zippy Mart store on State Road 60 west of Vero Beach.

Saudi Arabia executes woman, 'terrorists', 'indecent' couple, and juvenile offenders

Saudi Arabia carried out a series of executions in mid-October, including that of a woman convicted of killing her mother and attempting to kill her sister, alongside five men in the Eastern Province. Official statements described the five as terrorists; human rights groups described them as political prisoners sentenced under discretionary (ta’zir) penalties, one of whom was a child at the time of the alleged acts. The cases illustrate the kingdom’s continued use of the death penalty under Sharia, its stated commitment to public order and justice, and criticism from human rights organizations over the scope of capital punishment.

Florida | Former firefighter, police officer sentenced to death in Fort Pierce killing

Otto Lenke, a Sebastian resident and former Indian River County firefighter/paramedic, as well as a former Melbourne police officer, was convicted in May 2026 of first-degree murder with a firearm and first-degree arson for the February 2021 killing of Richard Benson, owner of Fast Frank’s Cycle Concepts in Fort Pierce. SEBASTIAN—A Nineteen Judicial Circuit judge on Tuesday sentenced former Indian River County firefighter and Melbourne police officer Otto Lenke of Sebastian to death for the 2021 killing of a Fort Pierce motorcycle shop owner.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Florida executes William Reaves

Florida puts 77-year-old man to death for a deputy's killing in its 18th execution this year  Florida carried out its 18th execution of the year on Tuesday under Republican Gov. Ron DeSantis ’ aggressive use of the death penalty in his final term.  William Reaves, 77, was pronounced dead at 6:12 p.m. following a 3-drug injection at Florida State Prison near Starke. He was convicted of first-degree murder in the 1986 shooting death of Indian River County Deputy Richard Raczkowski. 

Saudi Arabia | Execution caught on video

Public execution in Saudi Arabia (file photo) A Saudi newspaper has carried a film showing the beheading of a man convicted of raping a teenaged boy before murdering him in the heart of the desert. The rare and shocking 51-second film showed the executioner bringing down his sword on the defendant’s head, which was severed in just a split of second. The executioner, a tall man wearing traditional Saudi dishdasha (gown) and ghutra (head cover), then wiped blood off his sword with a piece of cloth after the beheading before walking away from the rapist’s headless body. Sharq newspaper, which published the film, did not say how it was shot as filming of executions in the conservative Gulf kingdom is banned. Newspapers said the unnamed defendant had been convicted of abducting the Saudi boy to a desolate desert area and raping him. He then forced him to lie on the sand and crushed him with his four-wheel car. Warning: Graphic Content ✔ RELATED VIDEO...

Saudi Arabia executes five on terrorism charges

DUBAI — Saudi Arabia executed five people Saturday on terrorism charges, the ministry of interior said, bringing the total number of death sentences carried out this year to 188, according to an AFP tally based on official statements. The five Saudi nationals were convicted of “joining a foreign terrorist organization," opening fire on security forces and “providing support” for “terrorist operations inside the kingdom." Their executions were carried out in the Eastern Province, home to most of Saudi Arabia’s Shia Muslim minority, which has long complained of marginalization in the Sunni-majority country.

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time.