You get arrested abroad... the nightmare begins. You are locked up in a dirty cell
awaiting questioning... the nightmare continues. Police officials are interrogating
you in a language you don't understand... the nightmare
worsens.
Getting arrested abroad, whether you are guilty or innocent, can be a terrifying
experience. Local cultures can be very different, and what may be legal or
culturally acceptable in the UK may be illegal in other
countries and carry with it a harsh sentence. Most of all, the fear invoked by not
understanding what is happening or knowing what the implications are of being
locked up abroad could make this experience your worst nightmare.
Taking on board some of the advice and information outlined in this section could
help you survive a potential nightmare.
Committing the crime
People can get arrested abroad for a multitude of reasons. Travellers, in particular,
are vulnerable either wittingly or unwittingly to arrest, and offences can include
expired visas, photographing military buildings and breaking local laws such as
purchasing alcohol without a licence or drinking alcohol in a public place. The list of
potential offences is vast. However, many travellers who get arrested and
subsequently receive a prison sentence do so because of drugs. No matter how
trivial or serious the drug offence, of which there are many, sentences are likely to
be severe, and in some countries could even mean the death penalty.
Police officials will not normally care whether you claim to be innocent or not; just
being in a room or vehicle where there is a stash of drugs or someone who is
carrying drugs can land you in prison. Even if you did not know about the drugs,
you could find yourself arrested and detained. Also, be aware of the consequences
of transporting drugs across country borders, whether knowingly or unknowingly.
Be wary of the person who befriends you and gives you a sob story about their sick
uncle, who was unable to make it to their wedding. Coincidentally, your next stop
just happens to be where the uncle lives - would it be too much to
ask you to take a copy of the wedding video across the border with you? They
don't want to post it in case it gets lost or damaged. Be warned,
you could be carrying a cassette filled with heroin not videotape.
Don't be coerced into transporting drugs across borders in return for
money; the financial gain may appear to be huge but you could be caught and left
with nothing but 40 other cellmates sharing a room built for ten. In particular, young
female travellers are targets for drug trafficking; they often fall victim, all too easily,
for the charming, rich drug dealer who promises them the earth in return for
transporting a package. However, the young woman is nothing more to the dealer
than a decoy who is intended to be caught at the airport in order to allow a much
bigger package to go through unnoticed.
Sentences for trafficking offences are among the harshest, especially in Asia, South
America and the West Indies.
Upon arrest
On your arrest, despite the serious and frightening situation, try to keep as calm as
possible. You will probably be feeling panic stricken and scared, this is natural, but
try to keep your cool and avoid showing anger and aggressive behaviour towards
the police; they are in a more powerful position than you and will want to maintain
their power and not lose face in front of their colleagues. Do not resist arrest
through violence and unless demanded on your arrest, keep hold of your passport.
There may be language differences: if so, communication will be extremely difficult.
This in itself can cause problems due to misunderstandings. Ask for an interpreter
or someone who is familiar with the language to be with you before you answer any
police questions or sign a document that you do not fully understand.
Ask that the British consul be notified of your arrest. He or she will be able to offer
you advice and support, and will contact your family for you.
Conditions of police cells and prisons will vary from country to country. Depending on
which country you are in, you may be held in conditions that you find totally
unacceptable - but this is the harsh reality and you must deal with
it. Conditions in South America and South-East Asia are particularly grim; extreme
overcrowding, poor sanitation and lack of nutritious food are commonplace.
Make sure family and friends back home know what has happened to you. You will
probably be feeling lonely and scared and will need their support. Your family will
also feel extremely anxious, but this is better than the worry and uncertainty they
would feel if they had not heard from you at all. They may also be in a position to
help you as they will have access to telephones, faxes and computers, etc., and
will be able to find out what is going on, in a way that you will not be able to.
Help is at hand
As previously mentioned, insist that the British consul for that area be notified. This is
your right. British consuls are there to protect the interests of Britons abroad; this
includes helping Britons who have got into trouble. They can not get you out of
prison, but will offer advice and support. The consul will visit you as soon as
possible.
You should also contact Prisoners Abroad, details below. You can do this directly, or
through the British consul or your family and friends. Prisoners Abroad is the only
UK charity that provides practical support and campaigns for
the welfare of Britons imprisoned abroad. It is a non-judgemental, humanitarian
organisation with a team of caseworkers who have detailed knowledge of specific
countries and will be able to provide you and your family with support and advice
by explaining criminal justice systems, prisoners' rights and
prison conditions; by contacting other agencies, including the Foreign and
Commonwealth Office and foreign Ministries of Justice; and by providing families
with advice on how to send money abroad and helping to arrange visits.
Unofficial help can come in the form of the friends you have been travelling with and
locals, especially expatriates. Being locked up, far away from family and friends,
can be extremely isolating; local people, especially those that you have a common
language with, can keep you in touch with the outside world, bring you things you
need such as extra food or clothing and get messages to consuls, family and
friends.
Doing the time
After the initial arrest and questioning phase it is unlikely that you will get bail due to
being a foreigner. This means that you will be held in prison on remand until the
trial date. The length of time you will be held on remand varies, but it is not
unheard of for this to last for two years and more.
Being held far away from home, probably isolated from others by language and
culture, it will be important to try to keep your spirits up. Your consul should visit
you regularly, keeping you in touch with the outside world, and Prisoners Abroad
can provide a service to ensure that your specific needs are met. This includes
providing advice about lawyers; translating documents, letters and court papers;
supporting any application for parole, remission, pardon and appeal; negotiating
with prison authorities; providing essentials such as medicine, food and clothing;
linking prisoners with pen pals; sending out magazines and books, particularly to
non-English-speaking countries with limited library materials.
False accusations
It has been known for travellers to find themselves falsely accused of committing a
crime. If it is simply a case of mistaken identity, stay calm. Do not panic and
aggressively protest your innocence, this may only aggravate your captors and fuel
them into pinning something on you.
You could find yourself in the situation where police officials have set you up and are
demanding a pay-off. Police and prison officials, particularly in Asia, are on a
meagre wage and some supplement their income by demanding pay-offs from
travellers. You will need to use your judgement to decide whether, if you have the
funds, to give money to such officials. There is no guarantee that it will stop at one
payment and that, afterwards, they will leave you alone. However, if you decide to
do so, you could be making a number of expensive pay-offs to each police official
involved.
If you find yourself falsely accused, immediately inform the consul and tell them
exactly what has happened.
Buying yourself out
Once you are being held in custody, there are some countries where you may be
offered freedom in exchange for unofficial payments or bribes to certain officials.
You or your family may be tempted to try this, but it is extremely dangerous and
you may lose a lot of money with nothing to show for it - there is
no guarantee that the officials will uphold their part of the bargain. You may also
find yourself in the difficult position of being charged with bribery.
If you are actually being held on remand in prison it is important to know that bribery
and corruption are rife in many prisons around the world and are a way of life. You
may find that you have to pay for a space in a cell, your bedding, even food.
Holiday hotspots
In India, if you are caught
with ten grams of cannabis, you face a mandatory sentence of ten years.
In Thailand, if you are
caught in possession of less than 20 grams of heroin, you could receive a
sentence of up to ten years and a fine. If you are caught trafficking any amount, no
matter how small, of heroin you will automatically receive the death penalty.
Possession of 30 grams of ecstasy can see you spending seven years in prison.
In Nepal, if you overstay your visa you will be
fined 4,000 or receive a ten-year jail
sentence.
In Japan, if you are caught in possession of 800 grams of
hashish you could receive a four-year jail sentence.
In Spain, if are caught in possession of cannabis, the
minimum sentence is three years. For possession of cocaine, you could be looking
at anything between nine and 14 years. If you are arrested, it is highly unlikely that
bail will be granted being a foreigner and this could mean spending anything up to
a year on remand while the investigation takes place.
In South America, conditions are extremely harsh and
prisoners often have to buy basic items such as mattresses, beds and bedding as
well as food and water. Foreigners are at a disadvantage as they do not have a
local family network to supply them with these basic necessities.
In France, possession of even a very small amount of drugs
can result in a sentence of six months to one year. Foreigners are unlikely to be
granted bail and you will be fined the street value of the drugs in your possession,
which, even for small amounts, will be a substantial amount of money. Therefore,
even if you serve your full sentence, you will not be released until the fine is
settled.
Prevention is better than cure
Prevention is always better than a cure. There are a number of factors that travellers
should take into consideration to ensure that they avoid getting into trouble abroad:
· Check your passport and visa and
make copies of them. Make sure you keep them safe, that the information
contained in them is correct and that they are valid.
· Make sure you have adequate insurance cover. Some insurance
companies will pay legal costs; check that to make sure they provide this cover
before you buy the policy.
· Find out about and respect local laws and regulations.
· Watch your luggage at all times at airports, as well as on trains and
buses when crossing borders.
· Be wary of taking lifts across borders; the one between France and
Spain is particularly notorious as it is a well-known drug route into Europe from
North Africa.
· Do not agree to carry a suitcase or package for a friend or
acquaintance, especially if you are offered large sums of money.
· Do not get drunk and into fights.
· Carry a list of British consular offices for the countries you plan to
visit.
· Let your family and friends back home know your movements and
any changes you make to your route.
· Make sure you prepare yourself and know the consequences of
your actions; saying you didn't realise that something was illegal
is no excuse. This advice may seem obvious, but it is surprising how many people
say "If
only..."
For more information
Contact Prisoners Abroad, 89-93 Fonthill Road, Finsbury Park,
London N4 3JH, tel 020 7561 6820, fax
020 7561 6821, email
info@prisonersabroad.org.uk.