Guidance

Information pack for British nationals arrested or detained in Equatorial Guinea

Updated 25 July 2023

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 Equatorial Guinea 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.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British 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 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 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 High Commission in Cameroon has consular responsibility for Equatorial Guinea. There isn’t a UK Embassy in Malabo but our consular team can assist from the embassy in Yaoundé, Cameroon.

The British High Commission in Cameroon’s details are below:

British High Commission
Avenue Winston Churchill
P.O Box 547, Yaoundé

Tel: +44 207 008 3355/ +237 222 220 545

Email: [email protected]

Consular Yaoundé Enquiries [email protected]

Website: www.gov.uk/government/world/cameroon/

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 Equatorial Guinea, the consular service may be informed after a certain number of days, which is not fixed.

Once we are notified, we aim to contact you as soon as possible.

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)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

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 about 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 drug 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 Equatorial Guinea.

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 Equatorial Guinea

Visits: friends and family

Who can visit and how to arrange visits

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

Each prison has set visiting times. All prisoners are entitled to social (family/friends) or official (lawyers/consular officials) visits during set times. In extreme cases, the prosecution attorney may seek to limit visits if they consider this may be detrimental to the case.

Everyone has to comply with the date and times set out in prison regulations. Mostly visiting times are advertised outside the prisons and visitors should go directly to the prison to visit. In certain circumstances, consular officers may accompany your family during their first visit to the prison; the subsequent visits by your family will be unaccompanied. You need to show an ID before being granted access to the prison.

In the majority of the prisons, you are allowed to receive visitors every day. Some prisons only allow visits on certain days of the week. Friends and family should check with the prison officials directly about when visits are allowed, or ask the British consular team for advice.

What to expect when you visit

The visitor(s) should arrive at least one hour before the scheduled visit. Upon arrival at the detention facility, visitor(s) will be searched and asked to surrender their IDs, which will be returned to them after the visit. The location of the meeting depends on the facilities in the prisons.

Except in extreme cases, you do have the right to make a telephone call when you are arrested. Here you have the choice to choose whoever you wish to call but with the assistance of a law officer who has the right to listen your conversation.

However, for confidentiality reasons, the authorities will not tell anyone that you have been detained, or what the charges are, without your permission.

An ID is needed before accessing the Prison premises.

What you can take on your visit

Equatorial Guinea has a significant number of prison facilities and regulations about permitted items vary from one prison to another. The rules can change frequently and at short notice. Families should contact the prison authorities directly for advice on what they can and cannot bring. But, in general, during the visit, you can bring food, soft drinks, juices, hygienic products such as soap, lotion, brushes, etc, money in an amount set by each prison.

Visits: consular staff

We will visit you 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 Honorary Consul in Malabo or consular staff from the British High Commission in Yaoundé. If there is any information that you would prefer us not to disclose to your next of kin, you should let us know during these visits.

Emergency trips outside of prison

Generally, this is not allowed in Equatorial Guinea.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When you are arrested, you may be briefly held at a police station or other facility before being transferred to prison. Any belongings that are not part of the investigation, process, or evidence should be given to the family; the court will keep them if you have no family. It is unfortunately relatively common for some belongings to go missing right after arrest or during prisoner transfers. They may allow you to make a phone call but at your own expense. They do not provide a translator for you; you have to organise and pay for one by yourself.

The British High Commission cannot store your personal belongings on your behalf, apart from your passport and driver’s licence. However, these items are usually retained by the courts until the end of your sentence, although we will sometimes formally request for them to be returned to the British High Commission. 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 to prevent you from skipping bail.

Appearing at court

If you do not speak Spanish, you will need to arrange for an interpreter to support you in court as local authorities do not provide one. This will be at your own cost. You will also need to organise your own lawyer.

Initial arrival at the prison

Upon arrival at the prison, the prison authorities will check the remand warrant and enter your name in an entry register. The register may contain information such as the date of the remand, next court appearance and the offence. Once the registration process is completed, you will be subjected to bodily checks and personal belongings will be confiscated and returned once you are released.

You may be allowed to make a limited number of phone calls (which you may need to pay for) without restriction to domestic or international numbers, depending on the case; it is better to ask the prison official.

A social worker or nurse may interview you upon your arrival. You will be allowed access to any duly prescribed medication essential for your health and wellbeing. You will also keep and use your own clothing. The prison authorities do not provide toiletries.

Prison welfare officers work full time in each prison. They are responsible for providing advice and raising morale inside the prison. They also help with your social rehabilitation when you leave prison. Bear in mind that these workers are usually quite few compared to the large prison populations.

Prison: conditions and daily life

Prison conditions in Equatorial Guinea can be very challenging. Overcrowding and poor sanitation are a major problem in all prisons and detention centres. Families often bring additional food and water to the prisons for their loved ones, or send money to enable prisoners to buy additional items themselves. Shower facilities are sometimes available but frequent power cuts mean that hot water is scarce. Mosquitoes, cockroaches and rats are commonplace. The prison authorities will only provide very basic items in prison such as prison uniforms and a bed.

Accommodation

Sentenced prisoners and those on remand are held separately. There are no single prison cells; all cells are shared. The number of inmates in a cell is dependent on the size of the cell.  Some prisoners might be put into a segregated “protection” area of the prison. This could be because their alleged offence might otherwise put their safety at risk or because they are violent. Cells have bunk beds with mattresses. Some cells have toilets in the dormitory while others are located outside. Dormitories should all have windows, which provide natural light into the rooms.

Food and diet

Prisons in Equatorial Guinea are extremely underfunded and are not always able to supply prisoners with adequate food and water. Bottled drinking water is rarely available although tap water is usually provided. Food provided by the prison is usually of very poor quality and sometimes only one meal a deal is provided. There is an expectation that a prisoner’s family and friends will provide his/her food. In some prisons, areas are available for prisoners to grow their own food.

Hygiene

Prisoners have access to a common shower room; each person can shower once day.

Work and study

Work is not compulsory for prisoners. Prisoners can study for qualifications while incarcerated.

Contact and languages

Prisoners can interact with others without any restriction. Letters are subject to censorship. All ingoing or outgoing letters will be submitted to the director of the prison to assess their contents. Some prisons will accept parcels (including foodstuffs), but the prison guard will check these too. Occasionally prisons will only permit reading materials.

There are no telephone facilities in prisons in Equatorial Guinea. However, arrangements can sometimes be made with the prison authorities to have a mobile phone available for your use. It depends on each case. It is better to ask the prison official. If they allow a mobile phone, you will be expected to purchase the phone and it would be kept by the authorities and handed to you only if you want to make a phone call. Again, this arrangement is only made on request and can be refused.

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

Exercise

Prisons in Equatorial Guinea do not normally have leisure facilities beyond a yard for exercising.

Climate

Equatorial Guinea has mainly two seasons: dry season (from December to April) and rainy season (from May to November). Depending on where you are in Equatorial Guinea, this might vary somewhat. Appropriate clothing for cold seasons is the responsibility of the inmate.

Religion

You have the right to practice any religion of your choice. Detention facilities are often staffed by religious ministers and the registrar keeps a list of the religious authorities who can be authorised to perform religious rites within the prison.

Rules and regulations (including drugs)

Drug trafficking between inmates in prisons is widespread. If you are caught with any kind of illegal drugs, you will be punished accordingly. Infectious diseases are very common in prisons.

Prison: access to help and services

Receiving money

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 one 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.

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 donations from other sources.

Medical and dental treatment

While you are in detention, Equatorial Guinea is responsible for ensuring your basic medical needs are met.

The prison medical officer is responsible for prisoners’ health care. However, lack of funding means that equipment, drugs and qualified staff are in short supply in most prisons. In most cases, prisoners rely on friends or relatives to purchase prescribed medication. Prisoners with serious health concerns are sent to local public or private hospitals. In some cases, prisoners will be asked to cover the cost of any external (outside the prison) medical treatment. The British High Commission is unable to pay any medical bills for prisoners.

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

You have a right to send and receive mails/parcels, subject to the internal regulations of each prison and the strict control of the prison registrar and prison guards. It is strictly forbidden for you to receive containers, utensils, sharp or pointed objects. However, mail from lawyers and judicial authorities are exempt from any such control. You can receive books and magazines because there is no regulation barring them.

We regret that the British High Commission cannot accept mail for onward delivery. Any received will be returned to the sender.

Telephone calls

Officially, telephones are not allowed in prisons in Equatorial Guinea. See above under ‘Contact and languages’ for more info on potential mobile phone usage.

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.

There is no official common complaints procedure in place for mistreatment in Equatorial Guinea. With your permission, we can consider taking up a complaint about ill treatment, personal safety, or discrimination with the police or prison authorities.

Chapter 3: The Equatorial Guinean judicial system

Overview

Equatorial Guinea is a unitary state, therefore criminal proceedings are carried out by judges and courts, and the accused can plead guilty, not guilty and innocent. The judicial process has an investigation phase, an oral and public trial and a conviction or acquittal; the duration of the case will depend on its complexity. During the judicial process, the accused may be in pretrial detention or on provisional release, but will have guaranteed respect for the rest of their fundamental rights, all subject to the Fundamental Law of Equatorial Guinea.

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?

According to national legislation, you have the right to know the reasons for your detention and a right to hearing your rights, such as the right to speak by telephone in order to contact your family or lawyer. You can also consult with the police authorities the need to inform your embassy of your situation. Once detained, statements will be taken, but you have the right not to testify without the presence of your lawyer. During statements, if you do not understand the local language, you need to come with a translator. At the expense of the state, at the time of the arrest, you can remain in the police or in a temporary detention centre, and you must be brought before a judge within 72 hours.

If you have any questions on the legal aspects of your arrest, contact your lawyer.

How long you can be remanded in custody

You will remain in the public jail while you are in pretrial detention, the duration of said situation will depend on the complexity of the case, which may be prolonged by the judge in charge depending on the circumstances. You can benefit from a release on bail if you meet the required conditions. To find out more about these ‘required conditions’, please consult your lawyer.

Prisoners on remand and sentenced prisoners: differences

In Equatorial Guinea, there are differences between pretrial prisoners and sentenced prisoners; pretrial prisoners have much more relaxed conditions.

After you are charged

Once the accusation has been filed against you, you have the right to be informed of your rights. You have the right to a lawyer and the right to challenge the process carried out for your arrest. You have the right to remain silent, not to incriminate yourself and to be assisted by an interpreter in case you do not understand the local language. If you believe that the accusation against you is false, you can proceed to challenge it throughout the process. You are not required to plead guilty.

Bail

When the circumstances of your arrest and detention are established by law, there is a possibility that you can be released with payment of bail. In all cases, it will depend on the seriousness of the situation, and the bail is set based on the seriousness of the matter. The bail is paid in the investigating court. You, through your representative, can contact anyone to help you pay the bail. If provisional release is granted, the court or tribunal will guard your passport. Bail conditions vary but tend to cover: reporting regularly to the court or tribunal and prohibition to leave the country. If you fail to meet bail conditions, you can return to prison.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

Prisoners Abroad can supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

Trial

At the trial, the prosecution makes its case. If at the close of the prosecution, the court decides that there is no case against the accused, the case is dismissed. If the court decides that the accused has a case to answer, then the case for defence is heard. At the close of the hearing, both the public prosecutor and the defence summarise their case. Cases often suffer long delays, especially if they are complex.

Sentences

Sentences vary greatly in Equatorial Guinea and will depend on the seriousness of the crime and whether it is a state or federal crime. Your lawyer/public defender will be best placed to advice on length of sentences and on appeals processes.

Appeals

The appeal for legal infringement or breach of form has a period of 25 days to file. The appeal for review, in principle, has a period of 3months for its filing; the appeal for complaint and annulment of proceedings can be filed at any moment. The sentence is reviewed through appeals, for violation of the law or legal doctrine or because documents have appeared that may affect the verdict.

Reaching the end of your sentence

Reduction of sentence (remission)

There is some provision for a reduction of sentence. In these cases, applications are on the basis of good behaviour.

Early release

There is a possibility to be released from prison before the initial release date, especially in the case of terminal illness. However, this is extremely rare.

Clemency or pardon

The pardon is a measure of grace that can only be granted by the Head of State, which is included in the Fundamental Law of Equatorial Guinea.

Financial penalties

Financial penalties can occur and are decided by the Court.

Transfer to another prison within Equatorial Guinea

Inmates can be transferred from one prison to another based on a decision from the Ministry of Penitentiary Administration.

Various reasons for such a transfer are prison labour, security or disciplinary reasons, and at your own request as mentioned above.

Transfer to a prison in the UK

At the moment, no Prisoner Transfer Agreement exists between the UK and Equatorial Guinea.

Release and 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)

89 – 93 Fonthill Road
London N4 3JH
UK

Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

List of Private Translators/Interpreters

Prisoners Abroad Forms