Information Pack for British Prisoners in Bolivia Author Date British Embassy La Paz June 2015 1 Contents Introduction ........................................................................................................................... 4 Who can help? .................................................................................................................. 4 About the Embassy ........................................................................................................... 4 Who are the Consular Representatives? ........................................................................... 4 Contact Information ........................................................................................................... 4 First Steps ............................................................................................................................ 5 Who will know I have been detained? ............................................................................... 5 What will my family be told? .............................................................................................. 5 What will the Consulate do? .............................................................................................. 5 Would I have a criminal record in the UK? ........................................................................ 5 Visits ..................................................................................................................................... 5 How do my family and friends arrange a visit? .................................................................. 5 How many visits am I allowed? ......................................................................................... 5 Consular visits ................................................................................................................... 5 What can visitors bring? .................................................................................................... 6 Prison conditions/services .................................................................................................... 7 Arrival at police station ...................................................................................................... 7 Arrival at prison ................................................................................................................. 7 General prison conditions.................................................................................................. 7 How can I receive money? ................................................................................................ 7 Can I work or study in prison? ........................................................................................... 9 Can I receive medical and dental treatment? .................................................................... 9 Food and Diet ................................................................................................................... 9 Mail/Parcels ...................................................................................................................... 9 Can I make telephone calls? ............................................................................................10 Leisure and entertainment................................................................................................10 Drugs ...............................................................................................................................10 How can I make a complaint about mistreatment? ...........................................................10 The Bolivian Judicial System ...............................................................................................11 Is the system the same as the UK?......................................................................................8 What should happen when I am arrested? .......................................................................11 For how long can I be remanded in custody? ...................................................................11 What happens when I am charged? .................................................................................11 What provision is there for bail? .......................................................................................12 What kind of legal assistance is available ........................................................................12 What happens at the trial? ...............................................................................................13 Sentences ........................................................................................................................13 How can appeals be made? .............................................................................................14 What provision is there for reduction of sentence (remission) e.g. for good behaviour? ...14 What provision is there for early release e.g. on parole? ..................................................14 What provision is there for clemency or pardon? ..............................................................14 What about any financial penalties? .................................................................................14 2 Is transfer to another prison within Bolivia possible? ........................................................14 Is transfer to the UK a possibility? ....................................................................................15 What are the procedures for release and deportation? .....................................................15 Additional Information ..........................................................................................................16 EG: Volunteer Workers ....................................................................................................16 EG: Plea Bargaining.........................................................................................................16 Prisoners Abroad .................................................................................................................16 Glossary of Terms ...............................................................................................................17 Useful legal terms ............................................................................................................17 Key phrases – English into Spanish .................................................................................17 Annexes ..............................................................................................................................32 Disclaimer ............................................................................................................................33 3 Introduction Who can we help? The Foreign and Commonwealth Office (FCO): The FCO is represented overseas by its Embassies and Consulates (High Commission in Commonwealth Countries). Both employ consular officers, and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country. About the Embassy We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than other prisoners. We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British Embassy for your convenience, but neither Her Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given. We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime. We have tried to make sure that the information in this booklet is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer. Who are the Consular Representatives? Your point of contact at the British Embassy in La Paz is Ms Jill Benton and you may contact her at consular.lapaz@fco.gov.uk. Contact Information British Embassy La Paz Av. Arce No. 2732 La Paz, Bolivia Tel: 591 2 2433424 Fax: 591 2 2431073 www.GOV.UK/world/bolivia Working hours: Monday to Thursday 08:30-12:30 and 13:30 to 17:00, Friday 08:30 to 13:30 (Local time) 4 First Steps Who will know I have been detained? The consulate would normally be notified of your arrest by local authorities. Please be advised that the Bolivian authorities do not always advise the Embassy of arrests with immediate effect so you should ask them to see a Consular Officer as soon as possible. We can also learn of your arrest from family or friends and on occasions through the local media. What will my family be told? We respect your confidentiality and we will tell no one (including your family) unless you authorise us to. If you agree, we can inform your family about your detention and the circumstances. We can provide your family with relevant information about the legal system in Bolivia, and information on how to contact you and transfers funds. We will provide contact information for the FCO and the Embassy as well as for related organisations such as Prisoners Abroad. If your family wish to visit you while you are in prison we can help with some arrangements. What will the Consulate do? We aim to contact you within 24 hours of the notification of the arrest and visit you as soon as possible. We will provide a list of lawyers; give advice on local procedures; liaise with local authorities to flag any medical needs and notify next-of-kin if so desired. Once you are transferred to a prison, we will visit you once every three months, unless there are reasons to visit you more frequently. We can answer questions about your welfare and about prison regulations. We cannot answer questions about legal matters. You should ask your lawyer these questions. Would I have a criminal record in the UK? You should be aware that if you are arrested for certain serious offences, such as sexual assault or drugs crimes, our staff must inform other relevant UK authorities. The information about the criminal offence will be sent to ACPO Criminal Records office in the UK. It is therefore possible that information about this offence may appear if a criminal records check were carried out by a prospective employer for example. Visits How do my family and friends arrange a visit? It is important that your family contact us in advance so that we can inform the prison authorities and request additional visits. Consular officers may be able to accompany your family during their first visit to the prison. Visitors should hold a valid photo ID to present to the prison authorities on arrival. How many visits am I allowed? This depends on the prison. Most prisons have set visiting days and times and this is usually twice a week. When family members come from the UK for visits consular staff will try to arrange extra visit days. Any additional visits are at the discretion of the prison governor. 5 Consular visits We will visit you every three months. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. At each Consular visit, our staff will complete a "Visit Report Form". If there is any information that you would prefer not to disclose with your next of kin you should let us know during the visit. What can visitors bring? Permitted items vary from one prison to another. Most prisons allow visitors to bring food, comforts, money and toiletries for inmates. Your family should ask for the latest list of permitted items before purchasing items. 6 Prison conditions/services Arrival at police station Following an arrest detainees are usually taken into police custody for a period of 48 hours (in application of Article 97 of Law 1008). However, this period can actually range from a few hours to one or two weeks. A detainee on remand must be conducted to the competent authority or court within 24 hours. Arrival at prison Any belongings that are not part of the investigation process or evidence should be returned to you. It is not unusual for some belongings to go missing after an arrest or during prison transfers. The British Embassy cannot store your personal belongings on your behalf. The only property we can keep for you is your passport and driver’s licence however these are usually retained at the courts until the end of your sentence. Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. This measure is taken by the courts to prevent you from skipping bail. General prison conditions Bolivian prison conditions are very poor compared to UK prison standards. You should not expect the same level of sanitary conditions and comforts. Prisons in Bolivia are overcrowded and prison cells/rooms are not always available. You may be expected to pay to use a cell/room. There are two male prisons in La Paz. One is located in the downtown area of the city called Penitenciaría de San Pedro or Panóptico Nacional, and the second is located near the town of Viacha (about 75 kms from La Paz), and is called San Pedro de Chonchocoro. San Pedro Prison: This is an adobe-walled (mud bricks) structure built in the 1890s to house approximately 600 inmates. There are now about 2000 inmates. There are no cells within the prison and the prisoners are assigned to rooms. Although supposedly forbidden by prison officials, most of the time inmates have to pay and purchase a better room. Prisoners can also make improvements to the rooms but must finance all improvements. Food (usually a stew with very little meat) is prepared for all the prisoners in the prison kitchen. Because of the low quality and the lack of sanitary conditions, most foreigners prepare their own meals or have it brought from some restaurant outside the prison, or eat at a restaurant or snack bar concessions located within the prison. Anything other than the “officially” supplied food must be paid for with personal funds. Visitors can talk to prisoners any day of the week but are separated by an iron fence. The official visiting days are Thursday and Sunday, from 10:00 a.m. to 5:00 p.m. and relatives and friends are permitted free access inside the prison and the prisoner’s rooms. Visitors are searched when they enter the prison. Prison officials may read post sent to prisoners before it is delivered to the addressee. Attorneys for the prisoners are allowed to visit with their clients all the time (this applies to all prisons). While prisoners are supposedly required to perform some kind of work, it is possible to avoid work, sometimes by making small payments. Recreational facilities within the prison are sparse: a pool table, table tennis, and half-size courts for basketball, volleyball, racquetball and soccer. The courts for many of these games are makeshift. A number of prisoners have small libraries and these books are passed around. 7 San Pedro de Chonchocoro: San Pedro de Chonchocoro prison is totally different from the San Pedro prison. It houses approximately 300 inmates who are usually serving time awaiting trial. It is so-called maximum-security prison, most prisoners are held in connection with narcotics related activities. The prison has a small chapel, a library, and prisoners are required to perform some type of manual activity. Prisoners remain in individual cells at night and are allowed to walk in a large patio during the day. Visitors are allowed on Saturdays only. Cárcel de Mujeres: The women’s prison in La Paz, called Centro de Orientación Femenina or Cárcel de Mujeres, is more modern than the men’s prison, but still crowded. It houses approximately 255 prisoners. Within the prison you still find a large inner courtyard, a small library, a dining area, and sewing area. An outer courtyard is used for visiting days, when the prisoners may be visited by their relatives. During other days relatives are generally not allowed to talk with the prisoners, and are not allowed in to the prisoners’ room. About ten women are housed in large rooms, dormitory style. While food is supplied by the administration, many of the women get food from restaurants outside the prison or prepare their own meals to supplement their diet. Carcel de Mujeres Miraflores: This is a high security system prison in La Paz, although the building was not planned to be one. Located on the corner of Argentina Av. and Francisco de Miranda St., it’s supposedly to house 40 inmates but at the moment there are more than 80. All the basic services are covered, even though they are restricted somehow. There are four bathrooms; one for each block, one is only used by sick internees. Internees are allowed to use the only phone, calls can be restricted. There’s only one TV set per room. Internees are allowed to use only battery radios if they get the respective permission. As some internees are mothers of little children, they are allowed to live with them presenting the respective ID and a birth certificate. Internees are allowed to use sharps with a permission. Visits are allowed on Thursdays, Sundays and/or holidays. Anyone can ask for an interview with an internee any day for an hour, previously asking for permission. Workers and volunteers that have a credential can get into the prison on approved days and hours. Palmasola Prison in Santa Cruz: Palmasola is the biggest prison in the country, it houses around 4000 inmates but it was build to house only 600. It consists of several blocks: one for female prisoners, one maximum-security block, one for inmates with infectious diseases, one for high-profile prisoners and 2 blocks to house the rest of the male inmates. Palmasola conditions are worse than in La Paz, the warm climate and humidity affect sanitary conditions. Inmates are expected to pay for a room or cell, . Visitors are allowed in Palmasola on Thursday, Saturday and Sunday. San Sebastián Prison in Cochabamba: An adobe block (mud bricks) building built decades ago. While small in size, it does not differ substantially from the prisons in La Paz. However, the climate is warmer than in La Paz. How can I receive money? There are two ways in which you can receive financial assistance while in prison. Private Funds: Deposited to you by your family or friends through the Foreign and Commonwealth Office. Prisoners Abroad: If your family can’t support you financially Prisoners Abroad may be able to send you a small grant every quarter for essentials. 8 Money received from the UK will be converted into local currency and held on your behalf by our Embassy. Our Consular staff will hand your funds to you in their visit. Please note that the Embassy/Consulate does not provide financial support to British Nationals in prison abroad. Can I work or study in prison? Most prisons have workshops (handcrafts, carpentry, bakery, etc.); prisoners who participate in these workshops can sell their products and receive an income. There may also be opportunities within the prison for you to start a business and work independently offering services/products to other inmates. Can I receive medical and dental treatment? If you need medical or dental treatment you should ask to see the prison doctor or dentist. Prison doctors can only provide basic attention and treatment. If you need to see a specialist, the prison’s forensic doctor should issue a report requesting external medical attention. Your lawyer can help taking this request to the judge, who will decide if to approve or refuse the request. Not all medical services are available in the prison hospital and if sent externally you may be asked to cover some medical costs. If you are taken to an external hospital, a police escort will be assigned to you, you may need to use handcuffs or other type of restraints. Food and Diet Food provided in prison is basic. Usually consisting of potatoes, rice or noodles with a small portion of protein, usually beef stew or chicken and vegetables. Other food is available for sale inside the prison and inmates run snack shops where you can buy other types of food and beverages. Mail/Parcels You can receive letters and parcels from your family through the Embassy. Letters and parcels sent to the Embassy are opened before they are given to prisoners to check for prohibited items. Consular officers will not read the contents. Please bear in mind that parcels sent to Bolivia can be subject to customs inspections and the Embassy cannot claim any parcel retained in customs nor clear any customs fees on your behalf. If you would like your family in the UK or elsewhere to email you, then please let them know that they may do so via our central email box: consular.lapaz@fco.gov.uk. Please ask them to entitle their email with your full name together with the prison where you are detained. Messages from prisoners to their family and friends can only be sent if they can provide the Embassy/Consulate with an email address. The messages will be forwarded to the families in 20 working days. Please be aware that the Embassy will not forward letters from prisoners by post. 9 Can I make telephone calls? According to Bolivian law, inmates are not allowed to own mobile phones, however, some prisons have public pay phones which you can use to make and receive calls. If you need to contact the embassy and cannot access a phone please approach prison authorities or your lawyer, if you send us written communication, our consular staff will reply to your correspondence within our target of 20 working days (excluding postage time). Urgent matters will be prioritised. Please raise any issues with us during consular visits. You should not use a mobile phone to contact Consular Staff and we can only receive calls made from official phones within the prison. All calls should be made to the Embassy switchboard number. You should not communicate with consular staff via social media including “whats app”. Leisure and entertainment Leisure activities and sports tournaments are organised by the inmates. Some prisons have libraries and workshops and most of them allow you to buy a TV for your room. The Embassy receives book donations and can lend you reading material if you wish. Drugs If you are caught with any kind of illegal drugs in the prison you will be punished. A disciplinary hearing will determine your punishment which can include isolation and manual labour. Tobacco and cigarettes are allowed inside Bolivian prisons. How can I make a complaint about mistreatment? There is no official complaint procedure in place for mistreatment cases in Bolivia. If you wish to file a complaint please contact the Embassy or let us know during the consular visit so that we take your concerns forward. 10 The Bolivian Judicial System The Embassy cannot interfere with the Bolivian Judicial system. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties. Below you will find more information about the Bolivian judicial system. Most British citizens detained by the Bolivian police are held under the narcotics Law (Ley 1008). The new narcotics law provides for a minimum sentence of two years imprisonment for the lightest criminal activity related to narcotics, and the maximum penalty of 25 years for trafficking. Is the system the same as the UK? Bolivian trials are not trials by jury. Trial procedures for narcotics and non-narcotics cases are fairly similar. If the decision is made to prosecute, the case is handed over to a trial judge for trial. If a decision is made not to prosecute the defendant is freed. The investigative action in both cases can take a number of months. What should happen when I am arrested? Following an arrest, the accused is taken into police custody for a period of 48 hours (in application of Article 97 of Law 1008). However, this period usually ranges from a few hours to one or two weeks. For how long can I be remanded in custody? If detained in larger cities you could be kept in custody for up to 48 hrs. However, in smaller towns this period can be extended up two weeks whilst arrangements are made to transfer you to a prison in the main city. If you were arrested in possession or under the influence of small quantities of drugs, you may be held in custody whilst the authorities gather evidence such as blood tests to charge you as a consumer rather than a drug trafficker. This process can take a few weeks and you could be held in custody for the whole period. What happens when I am charged? Prosecutors in charge of a case will conduct an investigation to determine if there are grounds for trial. If so, trial would be opened and conducted by a competent court upon accusation of the prosecutors. Except when persons are apprehended in flagrante delicto, i.e. when the person is caught when committing the offence, all confiscation of drugs and goods and all arrests shall be carried out in the presence of a Controlled Substances Prosecutor (Fiscal). A foreigner with a small amount of drugs, especially if it is not cocaine, who is under the influence of the drugs at the time of arrest, may be looked upon as a consumer and expelled from the country. Foreigners who do not have permanent resident status and who are found in possession of any type of drugs are obliged to pay a fine, and are immediately expelled from the country. However, this person could also be 11 considered in possession of, or a trafficker in drugs, and be prosecuted if determined so by the narcotics police, in consultation with the Prosecutor of Controlled Substances assigned to the case. Persons arrested with significant quantities of drugs are prosecuted under Law 1008. Police or prosecutors usually permit access to a lawyer (mandatory by law) when declarations are being taken and a determination has been made to prosecute. Statements made to the police or prosecutors are almost always admitted to the court as evidence for prosecution. If the narcotics police (FELCN) and the prosecutor of controlled substances believe that the case before them warrants prosecution, the case is sent to trial. When the records of Judicial Police action and of prosecution are brought to the knowledge of the Court of Local Controlled Substances, they must be accompanied by an application by the prosecutor for the opening of the proceedings, with an assessment of the facts according to the types of offences and a presentation of the relevant prosecution evidence. Rarely does it occur that a case sent by the police is rejected for trial by the prosecutor or subsequently, on technicalities, by the judge. The Court of Local Controlled Substances shall, within 24 hours after having received the records of Judicial Police action and of prosecution with the corresponding application, issue the initiating order, assessing the facts according to its own criteria. They could even depart from the prosecutor’s application in those cases if it can be considered from the review of the records that the offence is more serious. The initiating order shall also include: (a) The formal detention of the accused person or persons present; (b) An order for the arrest of persons absent; (c) A preventive record of goods, (subject to registration in the registers of real rights the Ministries of Aviation and Transport, the telephone companies or the relevant offices or institutions), of all goods confiscated from the accused or from third persons who are connected with the offence or offences; (d) The formal deposit of money, assets, jewellery, shares, securities and the like in a State Bank on the order of the National Council Against Drug Abuse and Illicit Traffic, which shall act as depository or warranty. What provision is there for bail? There is no bail under the narcotics law. What kind of legal assistance is available A privately retained lawyer can represent a defendant or, if he or she does not have the financial resources to pay a private attorney, the District Superior Court will provide the defendant with a court appointed public defender. The fees of Bolivian attorneys vary widely, and have ranged from US$ 700 to US$ 11,000 per defendant. The Embassy cannot provide a lawyer for a British defendant or advise which lawyer should be selected. The Embassy can, however, provide British Nationals with a list of Bolivian attorneys. The list does not name all qualified Bolivian attorneys, and the Embassy assumes no responsibility for the professional ability or integrity of the persons or law firms who appear on the list. The Embassy is not authorised to defend a British citizen accused of a crime, give advice about legal strategy, or act as the British citizen’s attorney in any way. Furthermore, the Embassy does not cover the cost or guarantee the payment of appointing a lawyer. 12 What happens at the trial? The trial process opens with a hearing for the defendant to give a statement to the Judge of Controlled Substances concerning their alleged involvement in the crime. There are no juries. Other defendants may give their statements the same day, or at subsequent hearings which may be scheduled a week or more later. When the statements have been made and the public nature of the trial is assured, the officiating judge shall announce the opening hearing of the proceedings. When the procedural action has been taken, the proceedings shall take place continuously in successive hearings up to their conclusion within the space of 20 calendar days. The records of Judicial Police (FELCN) action shall constitute documentary evidence. In practice this phase of the trial can take several months, since audiences are generally separated by a week or two or even more. Usually, the prosecution uses the materials collected at the time of the arrest, the statements made by the defendants to the police and the testimony of the arresting officers as its evidence. The defence can question the prosecutor’s evidence, but only if the judge rephrases the question before directing it to a witness. The defence evidence, besides the questions asked by defence attorney, can include clean police records from the United Kingdom and letters of good conduct from civic, university, and religious leaders who know the defendant. Statements of good conduct written by individuals in the UK must be translated into Spanish and the translation certified by the British Embassy in order to be introduced in the Bolivian court as evidence. Usually the defendant introduces this evidence. Upon completion of the phase in which the prosecution and defence present their final statement or recommendations to the judge (this phase is called “conclusiones”), the recommendation of the prosecutor of controlled substances assigned to the case, called the “requerimiento”, is read at a hearing and submitted to the judge. Following the prosecutor’s recommendation, the judge shall declare open the period for final pleas, granting the parties periods of three days to formulate their respective final pleas. That period shall be a single common period for all the accused and shall be computed from the day following notification of the requirement to make final pleas. The lawyer for each defendant has an opportunity to make a final statement called the “alegato” to the judge. Frequently, these statements are merely placed in the court record, even though a lawyer may request a public hearing at which the defendant’s statements are read. Sentences After studying the case, usually for several months at least, the judge schedules a hearing to read the decision (the “sentencia”) or first degree sentence. The judge can find a person innocent, absolved (meaning that the evidence was not sufficient either to convict or prove innocence), or guilty. No matter what the judge decides, the decision is automatically reviewed by the District Superior Court, which may confirm the decision, lower, raise, or annul the sentence. They can also impose a sentence where there was none before. Before the case goes to the Departmental Justice Court, it is passed to the district prosecutor of Controlled Substances for a recommendation. Once the district prosecutor has 13 completed the review, the lawyers or the defendants also have the opportunity to present formal statements in writing, making their own recommendation and comments to the said Court. Once the case reaches the Court, it is assigned to the Penal Chamber, one of the four chambers of the Court, and within that section one higher judge or “vocal” is given the responsibility for drafting the decision of the court. The draft decision must then be ratified by a majority of the judges in the Chamber. According to the law, the Court has 15 days to make this decision but usually it takes longer, can be up to three months. After the decision has been rendered by the Court, the district prosecutor of controlled substances and the defence attorneys are officially notified. Decisions by the Court are subject to review by the Supreme Court of Justice in Sucre. The process in the Supreme Court is similar to that of the Departmental Justice Courts. However, due to the heavy workload that the Supreme Court has, months usually go by before the Court renders a decision. The Supreme Court has absolute reviewing authority in matters of sentencing, no matter what the lower courts have decided. The decision by the Supreme Court is called an “Auto Supremo” and is final. How can appeals be made? Your lawyer can help you appeal to the court’s decisions when eligible. What provision is there for reduction of sentence (remission) e.g. for good behaviour? Once you have been sentenced you may apply for parole based on good behaviour. Depending on the case, you could apply for a reduction of sentence as well. You should ask your lawyer for advice on this. What provision is there for early release e.g. on parole? A person who receives a sentence confirmed by the Supreme Court is eligible for parole (libertad condicional) after serving two-thirds of the sentence. To obtain parole, application must be made to the judge who rendered the first-degree sentence in the case. (The sentence begins once it has been notified by the Judge, and the waiting time does not count as part of the sentence).The judge requests a certificate of good conduct from the warden of the prison. If the judge finds no objection to release, fines and court costs (usually US$ 50 to US$ 125) are paid and the individual is released. The terms of parole normally require that the parolee remain in Bolivia and report to a judge periodically, as well as fulfil certain other conditions until the remainder of the sentence is completed. Given the requirement to remain in Bolivia, parole is difficult to obtain for foreigners who are not residents of Bolivia. What provision is there for clemency or pardon? A recent disposition called “indulto” allows prisoners who have been sentenced to apply for a full pardon after serving 1/3 of their sentence. Prisoners with disabilities or a serious illness may apply for an early pardon or “indulto”. What about any financial penalties? A sentence can result in a financial penalty rather than prison time. This is unlikely in narcotics cases. Is transfer to another prison within Bolivia possible? It is possible but not easy. Your lawyer can give you proper advice. 14 Is transfer to the UK a possibility? Yes. If you wish to be transferred to a UK prison you must tell our consular staff so we can work explain the requirements and provide assistance with the request. What are the procedures for release and deportation? After being released you will need to clear any fines with Immigration. Immigration can waive the fine for the time spent in prison if you can submit relevant evidence. In some cases, you may be expelled from the country upon your release; you would need to cover the costs of your deportation and you will not be admitted back into Bolivia. 15 Additional Information Volunteer Workers There are some charitable organisations who volunteer at the prisons, mostly religious or related to human rights. You may be visited by these organisations if you wish to. Prisoners Abroad Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on: your rights as a prisoner and issues that may affect you such as health or transfer to the UK obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter writing to a pen pal learning the language of your country of imprisonment translation of documents grants for food if you are in a developing country and don’t have funds from other sources grants for essential medicines and toiletries if you don’t have funds from other sources preparing for release help for your loved ones, including information, family support groups and assistance with the cost of visiting Prisoners Abroad 89 – 93 Fonthill Road London N4 3JH UK Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time) Email: info@prisonersabroad.org.uk Website: www.prisonersabroad.org.uk 16 Glossary of Terms Useful legal terms Declaración (Statement): This is the term for the official statements provided to the police or prosecutor. Requerimiento (Recommendation or request from the prosecutor): During investigation stages the judge or prosecutor would issue requerimientos to either recommend a certain action or to request something to any parties (defendant or investigators) Audiencia (Hearings): Trial sessions. Fiscal (District Prosecutor): Judge who will be in charge of the case. Ley 1008: Anti-narcotics law FELCN: Narcotics police FELCC: Criminal police Indulto: Pardon Libertad condicional: Parole Key phrases – English into Spanish The phrases below are intended to help anyone with little or no knowledge of the Spanish language communicate at a basic level within the prison environment. Some Basics In Spanish all nouns have a gender, either masculine or feminine (for example, the word for 'house' (casa) is a feminine noun so 'a house'/'the house' is translated as 'una casa'/'la casa'. The word for 'book' (libro) is a masculine noun so 'a book'/'the book' is translated as 'un libro'/'el libro'). The gender of the word will affect adjectives which refer to that word. For example, if you want to say 'the red house' you would say 'la casa roja'. If you wanted to say 'a red book' you would say 'un libro rojo'. Where appropriate, the gender of each form of the word has been given below: masculine forms of the word are denoted by '(m)', feminine by '(f)'. The plural form of the word (i.e when there is more than one of the object concerned) is denoted by 'pl'. So, 'these houses' would appear as 'estas casas (fpl)' and 'those books' would appear as 'esos libros (mpl)'. Accents may appear above certain vowels, helping pronunciation by indicating where the stress should be placed in that particular word (e.g. prisión, miércoles, teléfono). In the absence of accents, words ending in either a vowel or …n / …s will have stress placed on the penultimate syllable (e.g. nosotros, transferido, urgente). If the word ends in a consonant other than …n / …s, the last syllable is stressed (e.g. necesitar, enfermedad, espanol) Basics I/We/Me Yo/Nosotros/me My name is… Me llamo…. What/Which Qué/Cuál I am… (e.g. I am English) Soy… Left Izquierda The El/La/Los/Las Right Derecha A Un/Una/Unos/Unas Here Aquí It Lo/la/le There Ahí 17 What day does the… ¿Qué día…? To need/I need Necesitar/yo necesito I cannot… No puedo… To feel/I feel Sentir/yo siento To have to/I have to Tener que/yo tengo que To see/I see Ver/yo veo Verbs To have tener I have yo tengo you (singular) have tú tienes he/she has él/ella tiene we have nosotros/as tenemos you (plural) have vosotros/as tienen they have ellos/as tienen (In Spanish, there are two verbs which translate as ‘to be’: ‘ser’ and ‘estar’. ‘Ser’ is meant to convey something permanent (e.g. ‘I am English’, ‘I am a man’), and ‘estar’ is meant to convey something more temporary like a mood or emotion (e.g. ‘I am ill’, or ‘I am happy’). To be ser I am yo soy you (singular) are tú eres he/she is él/ella es we are nosotros/as somos you (plural) are vosotros/as son they are ellos/as son To be estar I am estoy you (singular) are tú estás he/she is él/ella está we are nosotros/as estamos you (plural) are vosotros/as están they are ellos/as están To want/I want Querer/yo quiero 18 To use/I use Usar/yo uso To be able to Poder/yo puedo To speak/I speak Hablar/yo hablo To give Dar/yo doy To write/I write Escribir/yo escribo To go/I go Ir/yo voy Above Encima Prepositions After Después Over por encima de Before Antes Beside/next to/by al lado de During Durante Near to cerca de Since Desde Through a través Until Hasta Towards hacia In/inside en/dentro Behind detrás Outside Fuera/Afuera Between entre At en Opposite en frente From De/desde With con On en/encima Without sin Under/below/beneath Debajo Basic communication Hello Hola Good afternoon Buenas tardes Good evening Buenas tardes Good night Buenas noches How are you? ¿Cómo estás? Fine thanks, and you? Bien gracias, ¿y tú? Excuse me Perdone See you later Hasta luego Yes Sí No No Please Por favor Thank you Gracias I don’t know No sé Could you repeat that more slowly? ¿Puedes repetir más despacio? I don’t understand No entiendo I do not speak …… very well No hablo muy bien …. I am sorry to bother you but… Siento molestarte pero…. May I borrow your… ¿Me prestas tu…? 19 How can I obtain…? ¿Cómo puedo obtener…? Is there any mail for me? ¿Hay correo para mí? How much does this cost? ¿Cuánto cuesta esto? Do you mind if I open the window? ¿Te importa si abro la ventana? Do you mind if I smoke? Te importa si fumo? Could you kindly write that down for me? ¿Podrías escribir eso para mí por favor? Do you have the correct time? ¿Tienes la hora correcta? What is your nationality? ¿Cuál es tu nacionalidad? Useful phrases/vocabulary 1. The telephone is out of order 2. I do not have any means to buy… 3. I would like to order… 4. This is urgent 5. May I make an appointment to see… 6. I need to see my lawyer 7. Can I have a list of local English-speaking lawyers? 8. Who is dealing with my case? 9. Does the prison have a list of translators? 10. Can I get bail? 11. Can you tell me how long I will be held in police custody before I get transferred to a prison? 12. What must I do to get transferred to another prison? 13. Can you tell me how long my sentence is? 14. Can you tell me the date my sentence finishes? 15. Can I move to Mr…..’s cell as he speaks English? 16. Can Mr….. move into this cell? 17.I am very cold, can I have an extra blanket please? 18. When is the shop open? 19. How much money do I have in my account? 20. What day does the doctor come? What time? 21. Is there any work that I can do? 22. I would like to work in the… 23. Can you show me what I must do? 24. Could I buy a Spanish/English dictionary? 25. Can you contact the Consul for me? 20 26. I want to make a complaint 27. Can I have permission for my family to send me….? 28. As I am not allowed visits, could I have a parcel of clothes sent to the prison? 29. Are there any items which they are not permitted to send me? 30. I want to send this letter to… 31. Why are my letters taking so long to get to my family? 32. I have not heard from my family and I am worried about them? 33. How do I arrange a visit for my family? 34. Can you confirm that my family has booked a visit for (a specific date)? 35. May I have an extended visit as I do not get many and my family has to travel a long way? 36. Could I go to the prison school to learn Spanish? 37. Could you give this letter to Mr… cell no…. so he can translate it for me? Spanish: 1. El teléfono no funciona 2. No me puedo permitir comprar… 3. Me gustaría pedir… 4. Esto es urgente 5. ¿Podría fijar una cita con…? 6. Necesito ver a mi abogado 7. ¿Me das una lista de abogados que hablen ingles? 8. ¿Quién está a cargo de mi caso? 9. ¿Hay una lista de traductores en la prisión? 10. ¿Puedo pedir la libertad bajo fianza? 11. ¿Me podrías decir cuánto tiempo estaré detenido antes de ser transferido a una prisión? 12. ¿Qué debo hacer para ser transferido a otra prisión? 13. ¿Me podrías decir cuánto tiempo durará mi sentencia? 14. ¿Me podrías decir la fecha en que mi sentencia terminará? 15. ¿Me puedo cambiar a la celda del Sr.…., Ya que habla inglés? 16. ¿Puede el Sr.… cambiarse a esta celda? 17. ¿Tengo mucho frío, me das otra manta por favor? 18. ¿Cuándo abre la tienda? 19. ¿Cuánto dinero tengo en mi cuenta? 20. ¿Qué día viene el médico? ¿A qué hora? 21. ¿Hay algún trabajo que puedo hacer? 22. Me gustaría trabajar en el/la…. 21 23. ¿Me puedes enseñar lo qué debo hacer? 24. ¿Podría comprar un diccionario de ingles/español? 25. ¿Puedes contactar el cónsul para mí? 26. Quiero poner una queja 27. Me gustaría pedir permiso para que mi familia me envíe… 28. Cómo no tengo permitido ninguna visita, ¿se me podría enviar un paquete de ropa a la prisión? 29. ¿Hay algo que no pueden enviarme? 30. Quiero enviar esta carta a…. 31. ¿Por qué mis cartas tardan tanto en llegar a mi familia? 32. No sé nada de mi familia y estoy preocupado/a por ellos. 33. ¿Qué tengo que hacer para arreglar una visita de mi familia? 34. Podrías confirmar que día ha reservado mi familia para visitarme? 35. Podría pedir una visita más larga ya que no recibo muchas visitas y mi familia tiene que viajar de lejos? 36. Podría ir a clases de la prisión para aprender español? 37. ¿Podrías darle esta carta al Sr.…. Celda número … para que la traduzca para mí? Time/days/numbers Today Hoy January Enero Tomorrow Mañana February Febrero Morning Mañana March Marzo Afternoon Tarde April Abril Night Noche May Mayo Next week La próxima semana June Junio Next month El próximo mes July Julio Next year El próximo año August Agosto Last week La semana pasada September Septiembre Last month El mes pasado October Octubre Last year El año pasado November Noviembre Weekend Fin de semana December Diciembre Monday Lunes Spring Primavera Tuesday Martes Summer Verano Wednesday Miércoles Autumn Otoño Thursday Jueves Winter Invierno Friday Viernes Christmas Navidad Saturday Sábado Easter Semana Santa Sunday Domingo New Year Año Nuevo 22 National Holiday Día festivo One (first) Uno (primero/a) Two (second) Dos (Segundo/a) Three (third) Tres (Tercero/a) Four (fourth) Cuatro (cuarto/a) Five (fifth) Cinco (quinto/a) Six (sixth) Seis (sexto/a) Seven (seventh) Siete (séptimo/a) Eight (eighth) Ocho (octavo/a) Nine (ninth) Nueve (noveno/a) Ten (tenth) Diez (décimo/a) Eleven (eleventh) Once (decimoprimero/a) Twelve (twelfth) Doce (decimosegundo/a) Thirteen (thirteenth) Trece (decimotercero/a) Fourteen (fourteenth) Catorce (decimocuarto/a) Fifteen (fifteenth) Quince (decimoquinto/a) Sixteen (sixteenth) Dieciséis (decimosexto/a) Seventeen (seventeenth) Diecisiete (decimoséptimo/a) Eighteen (eighteenth) Dieciocho (decimoctavo/a) 23 Nineteen (nineteenth) Diecinueve Sixty (sixtieth) Sesenta (sexagésimo/a) (décimonoveno/a) Seventy (seventieth) Setenta (septuagésimo/a) Twenty (twentieth) Veinte (vigésimo/a) Eighty (eightieth) Ochenta (Octogésimo/a) Thirty (thirtieth) Treinta (trigésimo/a) Ninety (ninetieth) Noventa (nonagésimo/a) Forty (fortieth) Cuarenta (cuadragésimo/a) Hundred (hundredth) Cien (centésimo) Fifty (fiftieth) Cincuenta (quincuagésimo/a) Thousand Mil (milésimo/a) What time is it? ¿Qué hora es? 07h00 Seven o’clock in the morning Las siete de la mañana 07h30 Seven thirty in the morning Las siete y media de la mañana 12h00 Midday Las doce del mediodía 13h00 One o’clock in the afternoon La una de la tarde 14h40 Two-forty in the afternoon Las dos y cuarenta de la tarde 19h45 seven-forty-five in the evening Las siete y cuarenta y cinco de la tarde 00h00 midnight Las doce de la noche (medianoche) General vocabulary Cell Celda Visiting rooms Salas de visita Bed Cama Garden Jardín Individual cell Celda individual Reception Recepción Shared cell Celda compartida Director Director Library Biblioteca Assisant Director Ayudante del director Showers Duchas Shopkeeper Tendero/a Toilet Cuarto de baño Guard/Warden Guardia/Vigilante Books Libros Envelope Sobre Pen Bolígrafo Stamp Sello Paper Papel Telephone Teléfono Letter Carta Stationery Toiletries Soap Jabón Deodorant Desodorante Shampoo Champú Tissues Pañuelos Kleenex Toothbrush Cepillo de dientes Toilet Paper Papel higiénico Toothpaste Pasta de dientes Wash Lavar 24 Razor Afeitadora Shave Afeitar Towel Toalla Other items Shop/Canteen Tienda/Cantina Playing cards Una baraja Blanket Manta Ball Pelota Radio Radio Battery Pila/Batería CD/cassette player Lector de CDs/Radio- cassette Clothing Shirt Camisa Jumper/pullover Chompa Shorts Pantalones cortos Jeans Vaqueros Shoes Zapatos Vest Camiseta de tiras Socks Calcetines Sandals Sandalias Underwear Ropa interior Small Pequeño/a Trousers Pantalones Medium Mediano/a T-shirt Camiseta Large Grande Trainers Zapatillas de deporte Proper Nouns British Consul Cónsul británico/a Scotland Escocia Britain Gran Bretaña Wales Gales British Británico/a Northern Ireland Irlanda del Norte England Inglaterra Family Friend Amigo/a Wife Mujer Family Familia Partner Pareja Mother Madre Daughter Hija Father Padre Son Hijo Sister Hermana Child Niño/a Brother Hermano Cousin Primo/a Husband Marido Lunch Comida Food/meals Breakfast Desayuno 25 Dinner Cena Fish Pescado To eat Comer Tuna Atún To drink Beber Cod Bacalao Knife Cuchillo Sea food Marisco Fork Tenedor Vegetables Verduras Spoon Cuchara Cabbage Repollo Tray Bandeja Carrot Zanahoria Glass Vaso Mushroom Champiñón Cup/Mug Taza Spinach Espinaca Plate Plato Green beans Vainitas Bottle Botella Peas Guisantes Coffee Café Potato Patata Tea Té Peppers Pimientos Water Agua Onion Cebolla Milk Leche Lettuce Lechuga Powdered milk Leche en polvo Bread Pan Soda Soda Rice Arroz Hot chocolate Chocolate caliente Pasta Pasta Fresh fruit Fruta fresca Butter Mantequilla Apple Manzana Jam/preserve Mermelada Orange Naranja Eggs Huevos Banana Plátano Cheese Queso Pear Pera Oil Aceite Meat Carne Salt Sal Lamb Cordero Sugar Azúcar Beef Carne de vaca Yoghurt Yogur Pork Cerdo Biscuits Galletas Ham Jamón Cereal Cereales Bacon Panceta/Beicon Chocolate Chocolate Chicken Pollo Body/Health I don’t feel very well I need to see the Doctor I am bleeding I require medical assistance for the following I have a pain in my… reasons… Mild pain It is urgent Severe pain 26 I have a cold/flu I have heart problems I have a sore throat I have ear ache I have a fever I have a headache I am allergic to… I have cramps I am having problems breathing I have problems with my eyes I have a cold I need to have my eyes tested I have an upset stomach I am pregnant I am constipated I have high/low blood pressure I have diarrhoea I have spots I have a rash I am diabetic I am epileptic Necesito ver a un médico Necesito ayuda médica por las siguientes razones… Es urgente No me siento muy bien Estoy sangrando Me duele el/la… Dolor moderado Dolor fuerte I have high cholesterol Have you something for… Do you have a bandage? Do you have a plaster? Dental terms I need to see the dentist I have toothache I have broken a tooth A filling Tooth decay A tooth A wisdom tooth Tengo un resfriado/gripe Me duele la garganta Tengo fiebre Soy alérgico a… Tengo problemas al respirar Tengo catarro Me duele el estómago Estoy estreñido/a Tengo diarrea Tengo granos Tengo un sarpullido Soy diabético/a Tengo epilepsia 27 Tengo problemas del corazón ¿Tienes una tirita? Me duele el oído Me duele la cabeza Tengo calambres Necesito ver al dentista Tengo problemas en los ojos Me duele una muela/un diente Necesito que me examinen los ojos Tengo una muela/diente rota/o Estoy embarazada Un empaste Tengo la tensión alta/baja Caries Tengo el colesterol alto Un diente (front)/Una muela(back) ¿Tienes algo para…? La muela del juicio ¿Tienes una venda? Phrases which may be used by the doctor Where does it hurt? ¿Dónde te duele? Do you have a temperature? ¿Tienes fiebre? Do you have any allergies? ¿Tienes alguna alergia? Do you suffer from any other illnesses? ¿Tienes alguna otra enfermedad? What medication do you take normally? ¿Tomas algún tipo de medicación? Are you receiving medical treatment at the ¿Estás recibiendo tratamiento médico en estos moment? What type? momentos? ¿De qué tipo? Since when? ¿Desde cuándo? Is this the first time you have had this problem? ¿Es ésta la primera vez que tienes este problema? Do you have a cold? ¿Tienes catarro? What colour is the phlegm? ¿De qué color es la flema? Are you a drug addict? ¿Tienes adicción a alguna droga? How much do you weigh? ¿Cuánto pesas? Step onto the scales please? Súbete a la balanza por favor Please lie on the bed Acuéstate en la camilla/cama por favor Please take off your shirt Sácate la camisa por favor This is a prescription for… Ésta es una receta para… You must take this medication… Debes tomarte esta medicina… …before you go to bed …antes de irte a la cama …three times a day …tres veces al día …in the morning and at night …por la mañana y por la noche 28 Prescribed drugs/treatment Antiseptic Antiséptico Painkiller Analgésico Lice treatment Tratamiento para piojos Antibiotics Antibiótico Inhaler Inhalador Analgesics Analgésico Tablet/Pill Pastilla/Píldora Capsule Cápsula Aspirin Aspirina Cream Crema Sleeping tablet Pastillas para dormir Injection Inyección Tranquiliser Tranquilizante Vaccine Vacuna Laxative Laxante Bandage Venda The head La cabeza Anus Ano The skull El Cráneo Penis Pene Hair Pelo Testicles Testículos Face Cara Vagina Vagina Eye/eyes Ojo/ojos Leg Pierna Nose Nariz Knee Rodilla Mouth Boca Ankle Tobillo Lips Labios Foot Pie Tongue Lengua Heel Talón Ear Oreja Toe Dedo del pie (external)/Oído(internal) Limb Extremidad Neck Cuello Muscle Músculo Throat Garganta Bone Hueso Shoulder Hombro Spinal column Columna Vertebral Chest Pecho Rib Costilla Breasts (female) Pechos Skin Piel Stomach Estómago Heart Corazón Back Espalda Lungs Pulmones Arms Brazos Liver Hígado Elbow Codo Kidneys Riñones Hand Mano Bladder Vejiga Finger Dedo Breathing Respirar Thumb Dedo pulgar Blood Sangre Hip Cadera Human Body 29 Health problems An illness Una enfermedad A pain Un dolor An injury/wound Una herida An infection Una infección Abscess Absceso Angina Angina de pecho Appendicitis Apendicitis Arthritis Artritis Asthma Asma A bite (insect) Una picadura Bronchitis Bronquitis Cancer Cáncer Concussion Conmoción cerebral Cough Catarro Cyst Quiste Diabetes Diabetis An epileptic fit Un ataque epiléptico Fever Fiebre Fracture Fractura A hernia Una hernia HIV/AIDS Virus del SIDA Liver attack Ataque hepático/del hígado Leukaemia Leucemia Malaria Malaria Migraine Migraña Depression Depresión Pneumonia Pulmonía Rheumatism Reumatismo A scar Una cicatriz A scratch Un arañazo Sprain Esquince An insect sting Una picadura de insecto Sun stroke Insolación Tuberculosis Tuberculosis Typhoid Fiebre tifoidea Document1 UNCLASSIFIED Ulcer Úlcera A wart Una verruga 31 UNCLASSIFIED Annexes Annex 1: List of English-Speaking Lawyers Annex 2: List of Private Translators/Interpreters Annex 3: FCO leaflet: In prison abroad Annex 4: FCO leaflet: Transfers home for prisoners abroad Annex 5: Prisoners Abroad authorisation form Annex 6: Prisoners Abroad family contact form Annex 7: Prisoners Abroad CFF form Annex 8: Fair Trials International questionnaire and leaflets Annex 9: Reprieve information [where applicable] 32 UNCLASSIFIED Disclaimer This booklet was compiled by [the Consular Section, British Embassy Bolivia]. It is revised on a regular basis If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments. The British Embassy in Bolivia is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time. Thank you. June 2015 33