Guidance

Information for British nationals detained or imprisoned in Haiti

Updated 23 September 2024

Disclaimer

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: support for British nationals abroad. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Haiti and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others. Contact us at [email protected]

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Embassy, High Commission or Consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British Embassy, High Commission or Consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British Embassy, High Commission or Consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British Embassies, High Commissions and Consulates overseas.

The British Embassy in Santo Domingo, Dominican Republic provides consular assistance to British nationals visiting or resident in Haiti

Contact details for British Embassy in Santo Domingo :

British Embassy Santo Domingo
Ave. Winston Churchill 1099, Floor 18
Torre Citigroup at Acropolis Centre
Santo Domingo, Distrito Nacional

Tel. +1 809 472 7111 –This number is available 24/7

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Haiti notification by the authorities to the consulate can be inconsistent. Authorities should inform the British Embassy in Santo Domingo upon the prisoner’s formal request.

The following human rights organisations may sometimes make these notifications:

• Fondasyon Je Klere (FJKL)

• Réseau National de Défense de Droits Humains (RNDDH)

We can also:

• provide a list of local English-speaking lawyers and interpreters
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

What we cannot do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Haiti.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers . You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Haiti

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Haiti for the latest information on safety and security, entry requirements and travel warnings.

Visits can be arranged through your lawyer or through the British Embassy in Santo Domingo.

Visits can take place on visiting days. Visiting days may vary depending on the prison. Visitors must bring ID.

Queries regarding any items visitors should definitely avoid bringing should be made in advance and on an ad hoc basis. Consular staff will endeavour to relay said queries to the Prison authorities.

What to expect when you visit

Visiting rules and conditions may vary and should be consulted on a case by case basis: eg. where will the visit take place; how long will the meeting last; will a guard be nearby/listening-in during the visit?

What you can take on your visit

Visitors can bring food, which will be tested and is only permitted in clear plastic containers. Visitors can also bring clothes and magazines. All bags and parcels will be searched before entry and authorities have the right to withhold items they deem to be unacceptable.

Visits: consular staff

We will aim to visit you as soon as possible upon notification of arrest. After the first visit, we aim to visit you at least every 6 months. This will depend on local circumstances and the location of the prison you are detained in.

During our routine visits you can discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. If there is any information that you would prefer not to disclose to a Next of Kin you should let us know during the visit.

You can write to us at any time on matters that concern you – correspondence should be addressed to the British Embassy in Santo Domingo. However, postal services can be inefficient –if it is urgent it may be quicker to ask prison authorities to contact us on your behalf. Your lawyer can be best placed to relay your correspondence.

There may also be Human Rights organisations that can help to contact us.

Emergency trips outside of prison

It is not possible to make a trip outside of prison if an urgent situation arises for example, funerals and critical illness of a prisoner’s next-of-kin.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Detainees should be informed of why they have been arrested. However it is very unlikely there will be an interpreter provided. Legal aid is not normally available.

It is highly recommended to seek legal advice/representation as soon as possible.

Haitian law requires that formal charges be brought against the accused within 48 hours after his arrest.

Detainees would normally be allowed to make a phone call.

Appearing at court

The circumstances of the arrest determine the time frame for the detainee to appear before the public prosecutor:

• if the arrest takes place while a crime is being committed, the appearance should be within four to five clear days of the arrest.
• if the arrest takes place through a warrant issued by the Justice of the Peace, the appearance should be within four days
• if the arrest takes place through a warrant issued by the Public Prosecutor, the detainee should appear before them within twenty-four hours

It is important to note that these time limits are not always observed.

At the end of the hearing, the public prosecutor will take the decision to issue a detention warrant if they consider that it is necessary as a security measure, or to order the detainee’s release, pending trial. The length of pre-trial detention depends on the length of the investigation and the time taken by the court to examine the case and deliver its decision.

We highly recommend you seek legal advice/representation as soon as possible

See the section of this guide on the Haitian judicial system for more information.

Initial arrival at the prison

One call is permitted when you are arrested. You may also be allowed to make 1 call to your appointed lawyer. Further telephones calls are at the discretion of the prison officials.

Basic medical attention is usually available through small medical units located on prison premises however, dental treatment is not available.

Prison: conditions and daily life

Prison conditions are generally inadequate. It is reported that sexual abuse is common. Tuberculosis, HIV and other viral diseases may also be easily transmitted.

Learning and rehabilitation programmes, as well as social activities are generally unavailable.

Friends and family can send mail and small parcels through arrangements with your lawyer. All letters are opened and checked by prison staff before they are given to prisoners. Mail cannot be sent directly to the prison from the UK since there is no postal system in the prison. Your lawyer is best placed to forward mail on your behalf back to the UK.

Accommodation

Prison conditions are generally inadequate. A 2m 50cm x 2m cell can contain 6 to 8 detainees.

In practice, women prisoners are not normally segregated from male prisoners and in most cases children are kept with adults.

Food and diet

Food is provided but the dietary content is not consistent and does not reach the daily nutritional requirement.

Hygiene

Prison conditions are generally inadequate. Hygiene supplies may vary as well as become scarce.

Work and study

Most prisons do not have specialised or pilot educational programme and the vast majority of inmates are not involved in any formal study.

Contact and languages

There are no established provisions for leisure or entertainment.

Prisons do not provide language classes. It is very unlikely that prisons have libraries.

Prisoners would not be put in a cell with other English-speaking inmates. Guards are very unlikely to speak English. They will speak French and Créole.

Reading and writing material are not normally available. There is no internet access.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

There is no provision for regular exercise nor organised outdoor activities. These will likely take place on an ad hoc basis depending on resourcing and circumstances.

Climate

The climate is very hot and humid in summer. There is no provision for appropriate clothing.

Religion

Detention facilities do not normally offer religious services and are not staffed with religious ministers. In principle, you are allowed are allowed visits from representatives of your faith.

Rules and regulations (including drugs)

Any type of drug trafficking in prison is a serious, punishable offence.

Prison: access to help and services

Receiving money

This is subject to the local situation at a given time. There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for 1 hot meal a day)

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources. Prisoners are eligible for all 3 Prisoners Abroad Funds – the Craig Freehan Fund, the Vitamin Fund and the Medical Fund.

Medical and dental treatment

While you are detained, Haiti is responsible for ensuring your basic medical needs are met.

Basic medical attention is usually available through small medical units located on prison premises however, dental treatment is not available.

Health care is inadequate throughout the country. It’s extremely limited and clinics and hospitals are easily overwhelmed.

Medications sold in Haiti may be of inferior quality to those available in the UK. Pharmacies may carry expired medications while some medications may simply not be available.

Ambulances are also limited and may not have the basic required medical supplies on board. As a result, emergency response is not guaranteed.

Physicians and hospitals generally expect immediate cash payment for care.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

Friends and family can send mail and small parcels through arrangements with your lawyer. All letters are opened and checked by prison staff before they are given to prisoners. Mail cannot be sent directly to the prison from the UK since there is no postal system in the prison. Your lawyer is best placed to forward mail on your behalf back to the UK.

Telephone calls

One call is permitted when you are arrested. You may also be allowed to make 1 call to your appointed lawyer. Further telephones calls may be at the discretion of the prison officials.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

Chapter 3: The Haitian judicial system

Overview

Haitian law and legal procedures are very different from those in the United Kingdom. Law in Haiti is based on the Roman and Napoleonic Codes. Questions involving interpretation of Haiti laws should be addressed to legal counsel licensed to practice law in Haiti.

The judicial system consists of 4 levels:

• the Court of Cassation
• courts of appeal
• civil courts
• magistrates’ courts

There are also land, labour, and children’s courts.
The judicial process in Haiti is usually extremely slow – progress is often dependent on considerations not related to the specific case.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested?

You should be told why have been arrested. However, it is very unlikely there will be an interpreter provided. Legal aid is not normally available.

We recommend that you seek legal advice/representation as soon as possible.

Haitian law requires that formal charges be brought within 48 hours after your arrest.

Detainees are allowed to make a phone call.

If you are arrested, you will be detained until the trial takes place, unless the judge decides to release you before then.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers .

How long you can be remanded in custody

Haitian law requires that formal charges be brought against the accused within 48 hours after his arrest. The Prosecutor (or “Commissaire du Gouvernement”) is responsible for filing charges against the accused.

Prisoners on remand and sentenced prisoners: differences

You will need to discuss this with a lawyer at the relevant time, as instability and your individual circumstances may affect these matters.

After you are charged

After the accused has been formally charged, the Prosecutor forwards the case to an Investigative Judge (Judge D’Instruction). The Investigative Judge performs his own investigation to determine if there is enough evidence against the accused to send the case to trial. Following his investigation, the Investigative Judge forwards his findings and recommendations back to the Prosecutor, who has the option to agree with the recommended action, to appeal to the Investigative Judge to alter his opinion, or to ask for further investigation.

Bail

Bail is not available in Haiti.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see for a list of English-speaking lawyers . Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

You can hire a lawyer for yourself at any time after your arrest. Normally, if you hire a private lawyer they will ask for a cash advance on their estimated legal fees (which may be very high) before they will take your case on.

Trial

Cases are heard by a single judge, except for murder cases, which require a trial by jury. While the judicial process is a lengthy one, only the “audience” and the “judgment” are held publicly at the Parquet. The audience is the hearing in which the judge hears the case, and is required to last at least 3 hours, usually from 10am until 1pm. The judgment and sentencing occur at 2pm. If the accused is found guilty, sentencing occurs at the same time. The Prosecutor will arrange for the sentence to be carried out, which can take 2 to 3 days.

Sentences

Sentences for minor offences range from 6 months to 3 years and those for serious offences from 3 years upwards.

Foreign prisoners are automatically deported in drug related cases. In other common law cases they are not.

Your lawyer is best placed to discuss possible sentencings/deportation.

Appeals

There is no limit on the amount of time a case can spend before the Appellate Court. However, the parties only have 10 days after the judgment to appeal a verdict.

Your lawyer is best placed to discuss any appeals process.

Reaching the end of your sentence

Reduction of sentence (remission)

You will need to discuss this with a lawyer at the relevant time, as instability and your individual circumstances may affect these matters.

Early release

You will need to discuss this with a lawyer at the relevant time, as instability and your individual circumstances may affect these matters.

Clemency or pardon

You will need to discuss this with a lawyer at the relevant time, as instability and your individual circumstances may affect these matters.

Financial penalties

A financial penalty may be imposed as part of the sentence.  If so, it should be paid at the end of the sentence.

Transfer to another prison within Haiti

It is very difficult to have a prisoner transferred to another prison since all prisons are overcrowded.

Transfer to a prison in the UK

There is no prisoner transfer agreement between the UK and Haiti

Release and deportation

Foreign prisoners are automatically deported in drug-related cases. In other common law cases they are not.

Your lawyer is best placed to discuss possible deportation.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support 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 when you are in prison. To access any services, you 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 varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays 9:30am to 4:30pm (UK time)

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
United Kingdom

Glossary of terms

English	French	Creole
Appeal	Appel	Apèl
Application form	Formulaire d’application	Fom aplikasyon
Blanket	Couverture	Dra
Blood test	Examen Sanguin	Tès san
Book	Livre	Liv
Case Number	Numéro du dossier	Nimewo ka a
Clinic	Clinique	Klinik
Complaint	Plainte	Plent
Deportation	Déportation	Ekstradisyon
Deposit	Dépôt	Depo
Doctor	Docteur	Doktè
Embassy	Ambassade	Anbasad
Extradition	Extradition	Dépòté
Guilty	Coupable	Koupab
Hearing	Audience	Odyans
Hungry	Faim	Grangou
Illness	Maladie	Maladi
Indictment	Accusation	Akizasyon
Innocent	Innocent	Inosan
Jail	Prison	Prizon
Judge	Juge	Jij la
Judgement	Jugement	jijman
Lawyer	Avocat	Avoka
Library	Bibliothèque	Bibliyotèk
Money	Argent	Lajan
No problem	Pas de problème	Pa gen pwoblèm
Paper	Papier	Papye
Pencil/pen	Crayon/Plume	Kreyon/ plim
Pardon	Pardon	Padon
Prison name/Address	Nom de la prison/Adresse	Non / Adrès prizon an
PrisonerTransfer Agreement	Accord de transfert de prisonnier	Akò sou prizonye
Sick	Malade	Malad
Supreme Court	Cours Suprême	Tribinal Siprèm
Telephone call	Appel Téléphonique	Apèl nan telefòn
Toilet paper	Papier Hygiénique	Papye twale
Trial	Procès	Jijman
Water	Eau	Dlo

Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

List of English-speaking lawyers

List of private translators/interpreters

Prisoners Abroad forms:

https://www.prisonersabroad.org.uk/arrest-and-imprisonment