Guidance

Information pack for British nationals arrested or detained in Republic of Congo

Updated 26 March 2024

1. Chapter 1: Key points

1.1 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.

This information pack aims to give you, and your family and friends, information about the local system in Republic of Congo 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 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 Kinshasa:

  British Embassy

  83 Avenue Roi Baudouin

  Kinshasa/ Gombe

[Telephone: +243 81 556 6200 / +44 1908 51 6666]

E-mail: [email protected]

Website: www.gov.uk/world/organisations/british-embassy-kinshasa

Who are the Consular Representatives?

The British Embassy in Kinshasa has consular responsibility for Republic of Congo (RoC). There is an Honorary Consul based in Brazzaville and consular and/or other members of the mission from Kinshasa make regular visits to RoC.

The Address of the British Honorary Consulate in Brazzaville is: Consulat Honoraire de Brazzaville 3 Rue Père Bessieux, Centre Ville, Brazzaville Republique Du Congo

Honorary Consul (Based in Brazzaville) Dominique Picard Tel: +242055513251

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 Republic of Congo, notification by the authorities to the consulate normally takes place within 24 hours, sometime it can take several days after arrest.

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 . See also https://www.gov.uk/government/publications/republic-of-congo-list-of-lawyers , https://www.gov.uk/government/publications/list-of-translators-and-interpreters-in-the-republic-of-congo
• 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

1.2 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 Republic of Congo.

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.

2. Chapter 2: Detention conditions in Republic of Congo

2.1 Visits: friends and family

Who can visit and how to arrange visits

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 accessing to the prison being granted.

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 Embassy Consular team for advice.

What to expect when you visit

Generally visitors will meet the prison at parlour, where they sit side by side. An ID is needed before accessing in the Prison premises.

What you can take on your visit

Republic of Congo has a large 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.

Visits: consular staff

We will try to visit you at least every three months and more frequently if we have any concerns about the conditions in which you are being held. 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. 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.

You can write to us at any time on matters of concern at [email protected] – but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf).

Emergency trips outside of prison

Generally this is not allowed in the Republic of Congo.

2.2 Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When someone is arrested they 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 not unusual for some belongings to go missing right after arrest or during prisoner transfers. They may allow you make a phone call but on your own expenses. They do not provide translator for you, you have to one for yourself.

The British Embassy 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 Embassy. 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

We the person appear at court, he will provide an interpreter own his own expenses. Local authority would not provider interpreter, like wise for the lawyer.

More information about the Republic of Congo judicial system can be found in Chapter 3.

Initial arrival at the prison

When someone is arrested they 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 not unusual for some belongings to go missing right after arrest or during prisoner transfers.

It happens that someone can be held for long without being trialled.

2.3 Prison: conditions and daily life

Prison conditions in the Republic of Congo can be very challenging. Overcrowding and poor sanitation are a major problem in all prisons and detention centres. Bottled drinking water is rarely available although tap water is usually provided. Food provided by the prison is usually very poor quality and sometimes only one meal a deal is provided. For this reason, 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.

As a result of these challenging conditions British Embassy Consular officials will usually, with your permission, seek to contact friends and family at an early stage to explore what additional support arrangements can be made for prisoners. The British Embassy is unable to provide this support itself, although we will do what we can to support families get suitable arrangements in place, particularly if there are no family members in Republic fo Congo. Some options include working with local hotels or other organisations to arrange deliveries of food, toiletries and other basic items.

Accommodation

All prisoners are held together and they share same common cells. Cells are overcrowded. Sometimes one need to pay in order to get in cell and to sleep on a bed. If you do not have money you may sleep on the floor and sometime in the corridor. Cells are not big, there are also VIP rooms, and prisoner needs to pay more to get a single room. Usually it is occupied by politicians who are held in prison.

Food and diet

Prisons in Republic of Congo 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 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 one can bath once day.

Work and study

Republic of Congo Penal Code states that work is compulsory for prisoners, but that prisoners cannot be compelled to work if there is a good reason (normally health-related) why they cannot. Work in prisons normally consists of gardening, farming, joinery, soap factories and other activities aimed at social reintegration.

Studying or Learning and development opportunities are not available in Republic of Congo prisons. If you decide to undergo distance learning, a request should be addressed to the attorney general for authorisation.

Contact and languages

Prisoners can interact with others without any restriction. Letters are subject to censorship. Any ingoing or outgoing letter will be submitted to the director of the prison to assess its content. Some prisons will accept parcels (including foodstuffs) but the prison guard too will check these. Occasionally prisons will only permit reading materials in French (as they do not have the capability to check reading materials in English).

There are no telephone facilities in Republic of Congo prisons. However, arrangements can sometimes be made with the prison authorities to have a mobile phone available for your use. This should be purchased by you and will 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

Republic of Congo prisons do not normally have leisure facilities beyond a yard for exercising.

Climate

The climate is very different to that of the UK. It can be very hot and humid during rainy season (September-May) and cool during dry season (June-August). Prisons in Republic of Congo do not provide any kind of clothes.

Religion

Prisoners are free to take part in religious services of their choice. Every prisons have chaplains from different religions.

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.

2.4 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).

Money received from the UK will be converted into local currency and held on your behalf by our Embassy. Our Consular staff will then transfer your funds to you during our routine consular visits.

There is no prison account facility available in republic of Congo but sometimes it will be possible to make an arrangement with prison officials so that they can keep the money for you. Some prisons in Republic of Congo have rules about the amount of money you can have in the prison at any one times, and require the money to be held in Congolese francs (rather than euros). Embassy staff will need to adhere to any prison rules regarding money. Any remaining funds will be kept at the Embassy and sent to you later on. Please note that our Consular staff cannot be responsible for the loss of funds by the Prison Authorities.

Please note that the Embassy does not provide financial support to British Nationals in prison abroad; we can only help get money to you that has been sent by friends, family or a charity.

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, Republic of Congo 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 Embassy 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.

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 liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

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

Letters are subject to censorship. Any ingoing or outgoing letter will be submitted to the director of the prison to assess its content. Some prisons will accept parcels (including foodstuffs) but the prison guard too will check these. Occasionally prisons will only permit reading materials in French (as they do not have the capability to check reading materials in English).

Telephone calls

There are no telephone facilities in Republic of Congo prisons. However, arrangements can sometimes be made with the prison authorities to have a mobile phone available for your use. This should be purchased by you and will 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.

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 the Republic of Congo. With your permission, we can consider taking up a complaint about ill treatment, personal safety, or discrimination with the police or prison authorities.

3. Chapter 3: The Republic of Congo judicial system

3.1 Overview

The independence of the judicial system of the Republic of Congo is enshrined in the constitution. However, the Republic of Congo system faces many challenges to ensure its independence. Magistrates and judges are often underpaid and the corruption and politicisation of the judiciary is a big issue.

No, it is very different. The Congolese system takes its origins from the French legal system. Judicial bodies include a Supreme Court (appointed by the president), a court of appeals, a criminal court, regional and magistrate’s courts, labour courts, and courts of common law, where local chiefs apply traditional laws and customs. Traditional courts in rural areas handle local property, domestic, and probate disputes by applying local customary law.

The formal sources of law in the Congo are the Constitution, legislation, international law, customary laws, judicial precedents, and publications by academic scholars. The Constitution is the supreme law of the land. Adopted by referendum in January 2002, the Constitution provides for a bill of rights, creates state institutions, and defines the fundamental principles, powers, functions and obligations of the state. Legislation is the means by which the government regulates various facets of national life.

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.

3.2 First steps

What should happen after you are arrested

The Congolese criminal procedure code lay out the procedure for arrest. The Director of Public Prosecution has the power to summon or subpoena anyone accused of a crime. However, an arrest warrant is not necessary for all crimes. For instance, if a crime is “punishable by at least six months imprisonment, when there is a fear that the accused may abscond or when his/her identity is unknown” the Police also have the power of arrest without a warrant. When you are arrested you will be held in custody, pursuant to the provisions of the criminal procedure code and this should not exceed 72 hours. You will be told why you have been arrested. Once that period is exceeded the arrested person should be brought before the State Prosecutor.

In cases where the crime is punishable by at least three months imprisonment, any citizen can, in absence of judicial authority, make an arrest.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See for Republic of Congo list of English speaking lawyers https://www.gov.uk/government/publications/republic-of-congo-list-of-lawyers

How long you can be remanded in custody

Prisoners on remand and sentenced prisoners: differences

Under the Republic of Congo constitution, the period of custody, pursuant to the provisions of the criminal procedure code should not exceed 72 hours, unless extended for 48 hours on written authorization by the State Prosecutor or the investigating judge. Once that period is exceeded the arrested person should be brought before the State Prosecutor.

After you are charged

There is no set length of time between being charged and coming to trial. Following an arrest, the arrested person should be brought before a court within three working days. The court will then make a ruling on detention (remaining in custody, released on bail or released with no further charges). If the court rules that the arrested person must remain in custody, they can be held “under prevention detention” for a further 15 days. After this time, an extension must be sought from the court every month until the investigation is complete.

Exceptions to this procedure exist, such as in cases of a crime of sexual violence. Under article 1 of the Bill on Sexual Violence, the investigation into any allegation of sexual violence must be complete within one month and the trial must be complete within three months.

Bail

Bail is provided for by the criminal procedure code, set either by the investigating judge, or by the Correctional Court.

The FCDO cannot transfer bail funds.

3.3 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 information on legal aid, court proceedings and can advise on appointing a lawyer.

Arrested persons are entitled to legal representation from the time of their arrest and allowed access to their legal representation whilst in custody, subject to prison rules.

The criminal code does state that legal aid is available in the Republic of Congo. In reality, representations by a legal aid lawyer are extremely limited. You should strongly consider hiring a lawyer if you have been arrested in the Republic of Congo.

The attached list of lawyers is provided by the British Embassy 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.

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. The judge then delivers his verdict. The sentence must be passed within 48 hours of the verdict.

Sentences

Sentences vary greatly in Republic of Congo 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 advise on length of sentences and on appeals processes.

Appeals

Appeals from the Peace and Crown Courts lie in the Court of Appeal. Appeals from the Court of Appeal lie in the Cassation Court.

3.4 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. But this is extremely rare.

Clemency or pardon

There is provision for a Presidential pardon in the Constitution, Article 87

Pardons are extremely rare. Once a judgement has been pronounced, without possibility for further appeal, the President becomes the only institution able to grant a pardon (clemency or early release). The process is:

• The accused applies for a pardon;
• An investigation involving the public prosecutor, the judges and the Attorney General as well as the penitential authorities is conducted;
• The case is escalated to the Ministry of Justice;
• The case is escalated to the office of the President;
• The president signs a decree to grant the pardon in the event of a successful application;
• The penitential authorities implement the decree The accused applies for a pardon;

Financial penalties

These can occur and are decided by the Court.

Transfer to another prison within Republic of Congo

Prison transfers mostly happen when a civilian prisoner is mistakenly admitted in a military prison or vice-versa. There are also exceptional circumstances around transfer i.e. a prisoner being in detention within an intelligence services facility could be transferred to a public prison after investigation so that he can be visited by family.

Transfer to a prison in the UK

There is no prison transfer arrangement between the Republic of Congo and the UK.

To find out more about transfers to the UK:

In prison abroad: transfer to a UK prison

Release and deportation

The expulsion process is a compulsory administrative process that is carried out against all foreigners that commit a crime in Republic of Congo. This means they will usually be deported on completion of their sentence.

Any prisoners released who have an expulsion order issued against them will be transferred from the prison to the Congolese immigration office to complete the relevant administration process. If the expulsion decree is issued and signed, the person will be expected to organise and pay for a flight out of Republic of Congo themselves; the Republic of Congo Government will not pay for this flight. He or she should discuss this with the prison authorities/with a consular officer. The person will be escorted by the police to the airport and usually onto the plane.

If a prisoner is released and they don’t have an expulsion order issued against them, they can leave the country at any time at their own expense.

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 take a shower, 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 your consular caseworker 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 Aftercare 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.

4. Chapter 4: Additional information

4.1 Additional Information

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 awaiting charge or trial. 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
• 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, in a few cases, 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 and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time)

Email: [email protected]

Website: www.prisonersabroad.org.uk

4.2 Glossary of terms

Useful legal terms

PHRASES THAT MAY BE USED IN COURT

A

Abandoned/ Abandonné

Abduct (V)/ Enlever

Abetment/ Encouragement

Abettor/ Instigateur

Abrogate (V)/ Révoquer

Abscond (V)/ Se soustraire à la justice

Abuse /Violence/ Mauvais traitement/abus

Abused/ Maltraité/sévices sexuels

Accessory/ Complice

Accessory after the fact/ Aide après le délit/receleur

Accessory before the fact/ Complice par instigtion

Accessory during the fact/ Complice par abstention

Accomplice/ Complice/ coauteur

Accuse (V)/ Accuser

Accused/ Accusé

Acquit (V)/ Acquitter

Acquittal/ Acquitté

Action/ Action

Addict / Toxicomane

Adjudication/ Jugement

Admission/ Entrée

Adversary system/ Procedure accusatoire

Affidavit/ Attestation

Affirmed/ Affirmé

Aftercare service/ Service postcure

Aggravating circumstances/ Circonstances aggravantes

Aid and bet (V)/ Assister et soutenir 3

Alcoholic/ Alcoolique

Alibi/ Alibi

Alimony/ Pension alimentaire

Allegation/ Allégation

Appeal/ Appel

Appearance/ Comparution

Appellant/ Appellant

Arbitration/ Arbitrage

Argue (V)/ Discuter

Armed robbery (AR)/ Vol à main armée

Array/ Série de photographies

Arrest/ Arrestation

Assault/ Voies de fait (agression)

Assault and battery/ Coups et blessures

Assessor/ Assesseur

Attempt/ Tentative

Attorney general/ Ministère public

Attorney/ Avocat

Autopsy/ Autopsie

B

Bail/ Caution

Bank fraud/ Fraude bancaire

Bank secrecy/ Secret bancaire

Bar association/ Ordre des avocats

Bias/ Préjugés

Battery/ Coups et blessures

Begging/ Mendicité

Bench warrant/ Mandat d’arrêt

Brady material (DC)/ Preuve disculpante

Breach/ Infraction

C

Calumny/ Calomnie

Canvas (V) (DC)/ Questionner sur les lieux du crime

Canvass/ Solliciter

Capital punishment/ Peine capital

Charge/ Chef d’accusation

Chief judge/ Président du tribunal

Child abuse/ Sévices à l’encontre d’un mineur

Circumstantial evidence/ Présomption

Complainant/ Plaignant

Complaint/ Plainte

Confiscate (V)/ Confisquer

Conspiracy/ Association de malfaiteurs

Contempt of court/ Outrage à magistrat

Convicted/ Condamner

Conviction/ Condamnation

Counsel/ Conseil/ Avocat de la défense

Count/ Chef d’accusation

Court/ Cour/Tribunal

Court appearance/ Comparution devant le tribunal

Court procedure/ Procedure judiciaire

D

Death penalty/ Peine de mort

Defendant/ Défenseur/accusé/prévenu

Defense/ Défense

Defraud (V)/ Frauder

Delay/ Retard

Dependant/ Personne à charge

Deportation/ Expulsion

Deposition/ Déposition

Deprivation of liberty/ Privation de liberté

H

Harsh language/ Violence verbale

Hate-crime/ Crime Haineux

Hearing/ Audition

Helplessness/ Vulnérabilité

I

Impeach (V)/ Accuser

Imprisonment/ Emprisonement

Indecent exposure/ Exhibition indécente

Indictment/ Inculpation

Infringement/ Infraction

Inmate/ Détenu

Inordinate delay/ Retard exessif

Insanity/ Démence

Insider trading/ Délit d’initié

Instigator/ Instigateur

Institutionalization/ Placement en institution

Interpreter/ Interprète

Interrogatory/ Interrogatoire

Investigation/ Instruction

J

Jail Prison/ Maison d’ arrêt

Joyriding/ Vol d’utilisation

Judge/ Juge

Judgment of acquittal/ Acquittement

Judicial review/ Contrôle judiciaire

Judiciary/ Magistrature

Juror/ Juré

Justice operator/ Magistrat

Juvenile/ Mineur

Juvenile delinquency/ Délinquance juvénile

Juvenile offender/ Délinquant juvénile

K

Kidnapping/ Kidnapping

L

Labeling process/ Qualification pénale

Landlord/ Propriétaire

Larceny/ Vol simple

Launder/ Blanchir

Law/ Loi

Law clerk/ Greffier

Lawyer/ Avocat

Lay a foundation (V)/ Expliquer son argument

Legal assistance/ Aide judiciaire

M

Manslaughter/ Homicide involontaire

Marital status/ Situation matrimoniale

Marshal/ Police du tribunal

Mediation/ Médiation

Mercy/ Clémence

Misappropriation/ Détournement

Mistrial/ Annulation du jugement

Moral coercion/ Violence morale

Motion/ Requète

Murder/ Meurtre

N

Narcotic drug/ Stupéfiant

Neglect/ Abandon de famille

Neglected/ Abandonné / maltraite

O

Oath/ Serment

Objection/ Exception de procedure/ objection

Offence/ Infraction

Offender/ Contrevenant

Office/ Bureau

P

Pardon/ Grace

Parole/ Liberté conditionnelle

Party/ Partie

Patent/ Brevet

Pawn/ Gage

Penal/ Institution

Perpetrator/ Auteur

Petit jury/ Petit jury

Petit Larceny (PL)/ Petit vol simple

Physical abuse/ Violence corporelle

Plaintiff/ Plaignant/ requérant / demandeur

Plea bargaining/ Négociation de plaidoyer

Police officer/ Officier de police

Preliminary hearing/ Audience préliminaire

Preventive measure/ Mesure préventive

Prison/ Prison

Prison Breach (PB)/ Mauvaise conduite en prison

Proof/ Preuve

Prosecute/ Poursuivre

Prosecution/ Parquet

Prosecutor/ Procureur

Public defender/ Avocat commis d’office

Public drunkenness/ Ivresse publique

Punishment/ Peine

R

Ransom/ Rancon

Rape/ Viol

Reasonable doubt/ Doute raisonnable

Rebuttal/ Preuve contraire

S

Sentence/ Condamnation/ peine

Sentence (V)/ Prononcer la peine

Serve (V)/ Purger/ executer

Settlement/ Accord/ Contrat/ Arrangement

Sexual assault/ Agression sexuelle

Warrant for arrest / Mandat d’arrêt

Willfully/ Avec prémiditation

Withdrawal/ Retrait

Witness/ Témoin

Wrongdoing/ Violation d’un droit

Key phrases – English into French

TRANSLATION OF COMMONLY USED PHRASES

Good morning/ Bonjour

Good afternoon/ Bon après-midi

What language do you speak?/ Quel language parlez-vous ?

What is your name?/ Quel est votre nom ?

How old are you?/ Quel âge avez-vous?

Where are you living?/ Où habitez-vous ?

Where are you from?/ D’où venez-vous?

Address/ Votre adresse

Telephone number/ Votre numéro de téléphone

Social Security/ Votre numéro de sécurité sociale

Date of birth/ Votre date de naissance

Driver’s License Number/ Votre numéro de permis de conduire

Do you have any paperwork?/ Avez-vous des documents?

Do you have an attorney?/ Avez-vous un avocat ?

Do you have a public defender?/ Avez-vous un avocat commis d’office?

Do you have an interpreter?/ Avez-vous un interprète ?

Please take your seat/ Veuillez vous vous asseoir, s’il vous plaît.

Are you a relative or friend of a person in court today/ Etes-vous un parent ou un ami d’une personne présente dans ce tribunal aujourd’hui?

Please do not leave the courtroom until your case is called/ Veuillez ne pas quitter ce tribunal avant que votre affaire ne soit appelée.

WEEK DAYS JOURS DE LA SEMAINE

Monday/ Lundi

Tuesday/ Mardi

Wednesday/ Mercredi

Thursday/ Jeudi

Friday/ Vendredi

Saturday/ Samedi

Sunday/ Dimanche

MONTHS MOIS

January/ Janvier

February/ Fevrier

March/ Mars

April/ Avril

May/ Mai

June/ Juin

July/ Juillet

August/ Août

September/ Septembre

October/ Octobre

November/ Novembre

December/ Décembre

NUMBERS CHIFFRES

One/ Un

Two/ Deux

Three/ Trois

Four/ Quatre

Five/ Cinq

Six/ Six

Seven/ Sept

Eight/ Huit

Nine/ Neuf

Ten/ Dix

Eleven/ Onze

Twelve/ Douze

Thirteen/ Treize

Fourteen/ Quatorze

Fifteen/ Quinze

Sixteen/ Seize

Seventeen/ Dix-sept

Eighteen/ Dix-huit

Nineteen/ Dix-neuf

Twenty/ Vingt

Thirty/ Trente

Forty/ Quarante

Fifty/ Cinquante

Sixty/ Soixante

Eighty/ Quatre-vingts

Ninety/ Quatre-vingt-dix

Hundred/ Cent

Thousand/ Mille

Million/ Million

Billion/ Milliard

4.3 Annex

FCDO guidance: Support for British nationals abroad

https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide

FCDO guidance: Arrested abroad: advice for British nationals

https://www.gov.uk/government/publications/arrest-or-detention/arrested-abroad-advice-for-british-nationals

FCDO guidance: Instruction for money transfer through the FCDO

https://www.gov.uk/government/publications/russia-prisoner-pack/annex-1-instruction-for-money-transfer-through-fcdo

List of English-Speaking Lawyers

https://www.gov.uk/government/publications/republic-of-congo-list-of-lawyers

List of Private Translators/Interpreters

https://www.gov.uk/government/publications/list-of-translators-and-interpreters-in-the-republic-of-congo

Prisoners Abroad Forms

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

FCDO leaflet: Support for British Nationals Abroad: Summary

https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide/support-for-british-nationals-abroad-summary

FCDO leaflet: In Prison Abroad: Transfer to a UK Prison

https://www.gov.uk/government/publications/in-prison-abroad/in-prison-abroad-transfer-to-a-uk-prison

Prisoners Abroad Authorisation Form

https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=4cd7012d-f55d-4e26-8e77-d4c83b90a847

Prisoners Abroad Family Contact Form

https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=d5d65efe-779a-4aae-812b-45a365c01221

Prisoners’ abroad CFF form

https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=1794432a-4441-47db-934a-57f7125e1a70

FairTrials International Questionnaire and leaflets

https://www.fairtrials.org/

https://www.fairtrials.org/documents/FTI_QUESTIONNAIRE_March_2012.pdf

https://www.fairtrials.org/wp-content/uploads/Arrested-in-another-country-UK.pdf