Guidance

Cape Verde prisoner pack

Updated 22 November 2021

1. Introduction

1.1 Disclaimer

This information pack was compiled by the British Consular Service for Portugal and Cape Verde based at the British Embassy in Lisbon, Portugal. 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 Consular Services for Portugal and Cape Verde are not accountable for the information provided in this pack. Local proceedings are subject to change at any time.

1.2 Who can help?

The Foreign, Commonwealth & Development Office (FCDO):

The FCDO is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth Countries). Both employ consular officers, and one of their duties is to provide help and advice to any UK national who gets into difficulty in a foreign country.

1.3 About the Portugal and Cape Verde network

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 list of lawyers is provided by the Consular Services for your convenience, but neither His 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 or 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 Consular Services cannot accept legal responsibility for any errors or omissions in the information. If in doubt, contact a lawyer.

1.4 Who are the consular representatives?

There is no British Embassy or Consulate in Cape Verde.

Consular assistance is provided by the Consular Services team based in Portugal with the help our Honorary Consul in Cape Verde.

1.5 Contact information

British Consulate Lisbon

Rua de São Bernardo 33
1249-082 Lisboa
Portugal

Telephone +351 21 392 4000

Use our contact form for consular enquiries:
www.gov.uk/contact-consulate-lisbon

You, your family or friends can also contact our Global Response Centre out of normal working hours on +44 (0) 207 008 1500.

2. First steps

2.1 Who will know I have been detained?

The Cape Verde authorities will not necessarily inform us of your detention. However, you have the right to ask them to inform us as soon as possible so that we can start providing consular assistance.

2.2 What will my family be told?

For reasons of confidentiality, we are not permitted to tell anyone that you have been detained or what the charges are without your permission.

Should you wish to inform your family, however, we can make contact with them on your behalf. We can give your family advice on procedures and prison regulations. We can also let them know how you are doing.

2.3 What will the Consulate do?

We will do everything we can to make contact with you within 24 hours of being notified of your detention. This may be by letter as we are not always able to speak to you by telephone. Subject to where in Cape Verde you have been detained, we will try to visit you as soon as possible.

On our first visit, we will hand you a copy of this pack and offer to contact family and friends, if you have not already done so. We will tell you about Prisoners Abroad and, if you are interested in registering with them, send your registration form to them on your behalf.

We will advise on how your family and friends can send you money and check that any medical issue you may have has been brought to the attention of the prison authorities. We will ensure you know how to contact us if you or your family need any help or advice during the months you are on remand or awaiting trial. We will try to visit you again once you have been sentenced.

If you are a dual UK/Cape Verde national, we cannot assist you formally, under international law. However, Consular staff will provide whatever informal assistance the local authorities will allow.

2.4 Would I have a criminal record in the UK?

You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

3. Visits

3.1 How do my family and friends arrange a visit?

The visiting procedure vary from prison-to-prison. We recommend that family or friends travelling to Cape Verde to visit you, make contact with us beforehand so we can help them make the arrangements.

Please be aware that your friends and family may have to obtain a visitor’s permit before they can see you, and they will always have to show photo ID on arrival at the prison.

3.2 How many visits am I allowed?

The visiting regime varies from prison-to-prison. However, generally speaking, you will be allowed visits of up to 4 hours per week, for periods of 1 or 2 hours each.

3.3 Consular visits

Consular visits have to be authorised by the prison authorities. During our visits, you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues you may wish to raise.

3.4 What can visitors bring?

You are not allowed to receive any items, including documents and money, directly from your visitor during the course of a visit. Items must be handed over for screening to the prison officer on duty on arrival at the prison. As a general rule, your visitors may bring clothes, but they cannot bring food (unless you have been given permission to receive food on medical or religious grounds) or cigarettes. Glass and metal containers are not allowed. Information on prohibited items is displayed on the prison wing and at the entrance. If you cannot find the list, ask your social worker or the guard who is responsible for your wing. The prison authorities have the right to withhold items they deem to be unacceptable.

4. Prison conditions/services

4.1 There are 5 prisons in Cape Verde:

• Cadeia Central da Praia
• Cadeia Central de Ribeirinha – São Vicente
• Cadeia Regional do Fogo
• Cadeia Regional de Ponta do Sol – Santo Antão
• Cadeia Regional do Sal

4.2 General prison conditions

Conditions vary from prison-to-prison. However, prisons are generally overcrowded and conditions are worse than you would find in the UK. Sanitation is basic. The cells in some prison centres have a toilet and wash basin. Showers are shared. Prison routines vary depending on the available facilities. However, you will be allowed to spend some time out of your cell within the prison block and some time outdoors. Men and women are held separately.

4.3 How can I receive money?

Depending on the facilities available in your prison centre, your family and friends may be able to transfer money to you:

• by bank transfer directly to the prison centre,
• through Western Union (you will have to arrange money collection with the prison authorities once you have received a code),
• through your lawyer,
• through the FCDO; Funds received via the FCDO will be converted into Cape Verde Escudos (CVE) and sent to the prison for depositing in your prison account;

Please contact a member of the consular team for information on the options available to you.

Any money you receive will be held for you in a prison account. You are not allowed to keep cash or any other means of payment with you.

The Consulate does not provide financial support to UK nationals in prison abroad. If your family or friends cannot support you financially and you are not in receipt of any regular donations from other sources, Prisoners Abroad, a UK charity, may be able to send you a small grant for your immediate needs.

4.4 Can I work or study in prison?

There are a limited number of opportunities to work and any placement has to be agreed by the Director-General of the Prison Service. If you are allowed to work, you will be paid a small sum, which will be deposited in your prison account.

There are no formal learning programmes.

4.5 Can I receive medical and dental treatment?

If you need to see a doctor or a nurse, you should request an appointment in writing. For more serious conditions, you will be taken to a nearby public hospital. Any medication you take or are prescribed will be administered by the prison clinical services.

4.6 Food and diet

The prison provides three meals a day. Meals are composed mainly of rice and may not meet all your nutritional needs. You can supplement your diet by buying food from the prison shop. Alcoholic drinks are not permitted. Meals are normally taken in the prison canteen.

4.7 Mail/parcels

There is no limit to the number of letters or parcels you can send and receive.

Any letters or parcels you receive will be opened and checked in your presence. Any letters or parcels you send will be checked and sealed in your presence before dispatch.

Consular staff cannot forward letters or parcels to you; your family should send them direct to the prison centre.

4.8 Can I make telephone calls?

You are allowed to make telephone calls during the times stipulated at your prison centre. You have to pay for your calls using the funds in your prison account; In some prison centres, you can buy a telephone card or you can ask family/friends to bring one for you when they visit.

4.9 Leisure and entertainment

There may be facilities for team games, such as 5-aside football and basketball, and there will be some outdoor space for individual exercise. Some prisons have a small library.

4.10 Drugs

If you are caught in possession of any illegal substances, you will be subject to disciplinary proceedings. If you have a problem with drug dependency, you should discuss this with the prison doctor or your social worker. If you need any help raising this matter with the prison authorities, please contact a member of the consular team.

Cigarettes are permitted provided they are bought from the prison shop.

4.11 How can I make a complaint about mistreatment?

You can complain about police treatment through your lawyer or the Consulate, or directly to:

1. National Director for the Criminal Investigation Police (Cidade da Praia, Achada Grande Frente, Caixa postal – 324. Tel. + 238 260 5600);

2. National Commission for Human Rights and Citizenship (Achada Santo Antonio, Rua Cidade do Funchal, N 2-1 andar, Praia, Santiago; Tel. + 238 262 4506, 9979687, 5165137; Email: [email protected]);

3. National Director for National Police (Rua Serpa Pinto, Plateau, Praia - Tel. + 238 261 3124)

If you have been tortured or mistreated:

• before you arrive at the prison, you should inform your lawyer and discuss what steps can be taken to make an official complaint, if this is what you want to do;

• while in prison, you should report the incident to the prison director or your social worker, if this is appropriate and providing it is safe to do so;

You should also inform Consular staff. We will do our best to visit you; to check on your welfare; discuss the allegations; and inform you of any local complaints procedures. With your permission, and where appropriate, we may also be able to raise your allegations with the authorities.

All complaints are investigated. An internal investigation (Inquérito) will be carried out and the outcome will be sent to the head of the institution where the complaint was filed. These investigations have no strict time limit and can take some time to reach a conclusion.

5. The Cape Verdean judicial system

5.1 Is the system the same as the UK?

The Cape Verde judicial system is based on Roman law. It differs from the system in the UK in that whole areas of law are set out in codes, e.g. criminal code, civil code, etc. The judicial system includes judicial courts and administrative courts.

There are 3 levels of judicial courts: the lower court (Tribunal de Primeira Instancia), the court of appeal (Tribunal de Relacao de Sotavento and Tribunal de Relação de Barlavento) and the Supreme Court (Supremo Tribunal de Justiça). The lower courts decide over the majority of disputes; appeals are made to the courts of appeal and the Supreme Court, based in Praia, has jurisdiction over all the judicial courts.

Courts are independent and judge according to the law.

5.2 What should happen when I am arrested?

Following arrest, you must appear before a magistrate within 48 hours of detention. This magistrate will decide whether there is a case to answer to and if so, whether you should be released on restrictive conditions or kept in custody pending further enquiries.

5.3 For how long can I be remanded in custody?

Under Cape Verde law, you can be held on remand on preliminary charges for crimes punishable with a custodial sentence exceeding 3 years, and where alternative restrictive measures are considered inadequate or insufficient.

The period between arrest and any trial can go up to 36 months where the crime is punishable with a custodial sentence exceeding a maximum of 8 years, and the investigation is exceptionally complex due to the number of defendants or the highly organised nature of the crime being investigated. It is not possible to obtain priority hearings for UK nationals.

Progress on the investigation is reviewed every 3 months by the judge, who will confirm or deny the right to continue to hold you in custody.

In Cape Verde, the courts go into recess each year between 15 July and 15 September. During this period, the courts and public prosecution service deal with urgent cases only. Delays in setting dates for trials can be expected during this period.

Any time spent on remand counts as served prison time and is deducted from any sentence that may be handed down.

5.4 What happens when I am charged?

Once the investigation has been concluded, the Public Prosecutor will either present definitive charges or declare that there is insufficient evidence to do so and close the case. If you are charged, both you and your lawyer will be notified in writing.

Within 8 days of receiving the charges, you may ask for a preliminary hearing to review whether the case should proceed to trial. If the judge confirms the charges, the file will be transferred to another judge who will set a date for the trial.

5.5 What provision is there for bail?

Bail is available at the discretion of the court for crimes punishable with a custodial sentence exceeding a maximum of 1 year. Each application is considered on its merits. Consular staff cannot request bail on behalf of British nationals in prison in Cabo Verde and cannot facilitate the transfer of bail funds; this is for your lawyer to organise.

5.6 What kind of legal assistance is available?

Please see our list of English-speaking lawyers. These lawyers require payment for their services. If you are unable to hire a private lawyer, you may be represented by a court appointed lawyer. You should inform the court of your inability to pay for legal representation and confirm your wish to be represented by a lawyer appointed by the court.

5.7 What happens at the trial?

On the day of your trial, you will be taken to the court where your case is being heard. This will normally be the court closest to where the crime allegedly took place. Trials can be heard by a single judge or a panel of 3 judges. The state prosecutor will be present, together with your lawyer and an interpreter if you don’t speak Portuguese. There will also be a court clerk and, in some case, the lawyer representing any victims that have been identified. Hearings are public unless otherwise decided by the presiding judge, so you may find there are members of the public in the public gallery. Consular staff do not attend trials.

Witnesses for both the prosecution and the defence will be called one by one. They will not be allowed in the courtroom until they are required to give evidence. The questioning of witnesses who live abroad is normally done by Commission Rogatoire (also known as a letter of request) sent from the Cape Verde Attorney-General’s Office to the judicial authorities in the witness’s country of residence.

Where the witness lives in the UK, the Commission Rogatoire is sent from the Attorney-General’s Office to the Judicial Cooperation Unit of the Home Office. The Home Office subsequently passes on the request to the relevant court or police force to arrange for the witness to be questioned. This process can take some time. The presiding judge directs the hearing. The public prosecutor, your lawyer and any other prosecuting lawyer can suggest questions which the judge will seek to clarify.

If the trial cannot be concluded in one day, it will continue on the next working day.

5.8 Sentences

On the last day of your trial, the judge will either read the verdict or set a date for the court to reconvene for the verdict to be read. You will be present when the sentence is read. Sentencing is codified in law and varies according to the type of crime and the circumstances in which it was committed. Your lawyer is best placed to advise you on the minimum and maximum sentences in your case.

5.9 How can appeals be made?

You may appeal through your lawyer against any conviction within 10 days of sentencing. If the appeal is admissible, the court will pass it up to the Court of Appeal. In certain circumstances, a sentence that has become final can be reviewed by the Supreme Court of Justice. You should always consult your lawyer about possible appeal procedures and the costs involved. The state prosecutor may also appeal if they consider that the conviction is too lenient.

5.10 What provision is there for early release e.g. on parole?

Cape Verde law provides for early release, but it is not an entitlement. It is granted by the Parole court based on information provided by the prison authorities. You may be considered for early release, as follows:

• At the halfway point of your sentence, if you are serving a custodial sentence up to 6 years
• At the two thirds point of your sentence, if you are serving a custodial sentence of more than 6 years
• At the five sixth point of your sentence, if you are serving a custodial sentence of 25 years or more

90 days before the relevant early release date, you, your lawyer, a member of your family or the prison director can ask the parole court to set a date for the submission of the prison and probation service reports and any other information that may help reach a decision on early release.

These reports must reach the parole court 60 days before the possible release date. The judge will subsequently book a date to meet with the prison and probation service teams and to hear you and the victim, if relevant. The public prosecutor may give their opinion on whether or not you should be released.

You can appeal any decision to refuse early release; the public prosecutor and any victim can appeal any decision to grant early release.

5.11 What provision is there for clemency or pardon?

Amnesties, general pardons and individual pardons are provided for in the Cape Verde criminal code. They are granted by parliament. You should speak to your lawyer or prison social worker about applying for a pardon.

6. Additional Information

6.1 Fair Trials International (FTI)

5 Castle Road
London NW1 8PR

Tel: +44 (0) 207 822 2370

Fax: +44 (0) 207 822 2371

E-mail: [email protected]

Website: www.fairtrials.org

FTI is a charity which works for the rights of those facing criminal charges in a country other than their own. They have an information booklet “Arrested in Another Country?” which answers questions people frequently ask when they are arrested overseas. You can obtain a copy of the leaflet from FTI at the above address. Copies are also available for downloading from FTI’s website. If you have any difficulty obtaining a copy of the leaflet, please let us know.

6.2 Prisoners Abroad

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Monday to Friday between 09:30am and 4:30pm, UK time)

Email: [email protected]

Website: www.prisonersabroad.org.uk

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

7. Glossary of terms

Please see annex 2 for translation of useful legal terms from English to Portuguese and consult the list of key phrases from English into Portuguese prepared by Prisoners Abroad.