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37 - If You are Arrested Abroad
The Website For The Smart and Savvy Traveler
ASK the local authorities, such as the police or the prison officials, to tell YOUR local embassy or consulate that you have been arrested or put in prison and want consular assistance.
If you are concerned that the local authorities have not informed your embassy, you can also ask your family or friends to contact your local embassy, high commission, or consulate.
For Americans The Office of Overseas Citizens Services (OCS) at the Department of State in Washington, D.C. is the point of contact for family members in the United States who are concerned about a U.S. citizen family member who has been arrested abroad - You can reach OCS by calling 1-888-407-4747.
For The British, call the British Foreign, Commonwealth & Development Office (FCDO) on
+44 (0)20 7008 5000, from anywhere in the world, 24/7
-- Get a local lawyer - this is highly recommended. In some countries, you may be able to get (free) legal aid. You should discuss costs before making an agreement
-- Tell the police or the prison officials about any physical or mental health concerns you have, and any medication you take. With your consent, the embassy or consulate can help raise health concerns with the local authorities if needed
Your embassy or consulate can NOT:
-- get you out of prison
-- pay for lawyers, interpreters or any other costs, including fines
-- provide translation services
-- offer legal advice or represent you
-- start legal proceedings on your behalf
-- investigate a crime or respond to one
-- interfere with the local justice system
-- prevent you from being deported after release, even if you previously lived in that country
-- get you special treatment because you are a Westerner
When you are in a foreign country, you are subject to its laws and are under its jurisdiction. Remember you can be arrested overseas for actions that may be either legal or considered minor infractions in your own country.
Familiarize yourself with legal expectations in the countries you will visit.
Some of the offenses for which Western citizens have been arrested abroad are
Drug Violations:
Most Western citizens incarcerated abroad are held on drug charges. Some countries do not distinguish between possession and trafficking, and many have mandatory sentences - even for possession of a small amount of marijuana or cocaine. Some tourists have been arrested for possessing prescription drugs, particularly tranquilizers and amphetamines, that they purchased legally elsewhere.
Other people have been arrested for purchasing prescription drugs abroad in quantities that local authorities suspected were for commercial use.
If you are in doubt about foreign drug laws, ask local authorities or your embassy or consulate.
Possession of Firearms:
This affects mostly U.S. citizens who experience difficulties for illegal possession of firearms in nearby - Mexico, Canada and the Caribbean.
Sentences for possession of firearms in Mexico can be up to 30 years. In general, firearms, even those legally registered in the U.S., cannot be brought into a country unless a permit is obtained in advance from the embassy or a consulate of that country and the firearm is registered with foreign authorities on arrival. There are also strict rules about bringing back arms to the U.S.
Photography:
In many countries, you can be detained for photographing security-related institutions, such things as police and military installations, government buildings, border areas and transportation facilities. If you are in doubt, ask permission before taking photographs.
Purchasing Antiques:
Westerners have been arrested for purchasing souvenirs that were, or looked like, antiques and which local customs authorities believed were national treasures. This is especially true in Turkey, Egypt and Mexico.
Familiarize yourself with any local antique regulations.
In countries with strict control of antiques, document your purchases as reproductions if that is the case, or if they are authentic, secure the necessary export permit (often from the national museum). It is a good idea to inquire about exporting these items before you purchase them.
If you are arrested or jailed overseas:
Under the Vienna Convention on Consular Relations, which is the generally accepted standard for all countries, a person who has been arrested, detained or jailed outside their own country is entitled to have access to their consular representative. However, not all countries are party to the Vienna Convention or have ratified and incorporated all the provisions and if they deny consular access you may not be able to see a consular officer.
If you are arrested, detained or jailed overseas you should immediately ask to be put in touch with your local Embassy, Consulate or High Commission.
While consular officers will always try to help their country folks to the greatest extent possible, under international law countries are not obliged to recognize dual nationality. If you are a dual national and arrested in a country that does not recognize dual nationality, the extent to which consular officers will be able to help you will typically be determined by the country you are in at the time of your arrest or detention.
Remember that a consular officer WILL:
-- Visit you in prison
-- Assist you in obtaining information about the arrangements at the prison
-- Provide you with a list of local lawyers.
-- Arrange for your next-of-kin to be informed of your arrest, if you wish.
-- Assist you in arranging funds from your family and/or to set up banking or other arrangements so that monies deposited by your family or others will reach you.
-- Assist you to maintain contact with your family.
-- Take up any justified and serious complaint about ill-treatment or discrimination with the local authorities.
-- Ensure that any medical or dental problem is brought to the attention of the prison doctor/dentist.
-- Monitor your trial in court and in some circumstances attend as an observer.
-- Give you information about the prospects of a transfer to a prison in your own country if you have been sentenced to a term of imprisonment.
-- Support an application for a pardon, if local law and practice allow.
Also remember that a Consular Officer WILL NOT:
-- Get you out of jail
-- Give the arresting authorities any written guarantees to secure your release from detention.
-- Give you legal advice
-- Make recommendations as to which lawyer you should choose.
-- Pay for a lawyer's services, instigate court proceedings on your behalf or interfere in local judicial procedures to get you out of prison or get an early trial.
-- Get better treatment for you than that provided to the host country’s own citizens or to other nationals.
-- Get bail or pay any bail for you
-- Pay any fines you may have.
-- Conduct investigations related to an offence.
-- Support you financially in prison except in some extreme circumstances.