Guidance

Information pack for British nationals arrested or detained in Gabon

Updated 14 September 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 Gabon 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 (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 British High Commission in Yaoundé 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 Honorary Consul 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.

There is no consulate in Gabon but you can receive consular support from the British High Commission in 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 Gabon, the authorities are not legally obliged to inform the British High Commission when a British national has been arrested, so we are not automatically informed of your arrest. They are, however, legally obliged to inform you of your right to a phone call, rights to be assisted by counsel, and right to a medical doctor. It is therefore your right to ask the arresting officer to permit you a call to the British High Commission in Yaoundé 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 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 Gabon.

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 Gabon

Visits: friends and family

Who can visit and how to arrange visits

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

If your family or friends decide to visit you, we can assist them by providing guidance on visiting the prison, and what they can and cannot take in. Each prison in the region has its own rules regarding visits. Generally, the visiting days are twice a week and once every weekend. An authorisation or visit card must be obtained from the Legal Department of the location of the prison, before anybody is allowed to visit you. Visitors should also bring their passports and identification documents which will be held by the prison authorities and returned at the end of each visit. Visitors should arrive at least 1 hour before the prescribed visiting hours to increase likelihood of securing a visit. Please expect queues.

What you can take on your visit

Gabon 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 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 consular staff. During each consular visit, our staff will complete a “Visit Report Form”. If there is any information that you would prefer not to disclose to your next of kin, you should let us know during the visit.

You can write to us at any time on matters that concern you.

Emergency trips outside of prison

Generally, this is not allowed in the Republic of Gabon

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

You should be read your rights upon your arrest.

Upon arrival at the police station, you are entitled to make a call to a person of your choice, for example a lawyer or family member/friend.

Police custody is usually for up to 48 hours. You are entitled to one basic meal a day, but this is often not sufficient so it is best to use your call to ask family or friends to send food and drink supplements.

Personal belongings are retained by the prison and sealed. These will be handed over to you upon release.

Appearing at court

The court proceeding will be conducted in French; you are advised to bring a lawyer and also an interpreter (hired at your own expense) if needed as local authorities do not provide them.

Initial arrival at the prison

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 not unusual for some belongings to go missing right after arrest or during prisoner transfers.

It is not uncommon to be held for a long time without going to trial, however, if the consular team is made aware of your case, we will lobby for a swift judicial process.

Prison: conditions and daily life

Prison conditions in Gabon 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 of very poor quality and sometimes only one meal is provided daily. For this reason, families or friends 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, 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 High Commission is unable to provide this support, although we will do what we can to support families get suitable arrangements in place, particularly if there are no family members in Gabon. Some options include working with local hotels or other organisations to arrange delivery of food, toiletries and other basic items.

Accommodation

All prisoners are held together, and they share common cells. Cells are overcrowded. Sometimes, you may be able to pay in order to sleep on a bed. If you do not have money, you may sleep on the floor and sometimes in the corridor. Cells are not big; there are also VIP rooms, and prisoners need to pay more to get a single room. Depending on the prison, you may find politicians in the same prison as you.

Food and diet

Prisons in Gabon 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 is provided daily. There is an expectation that a prisoner’s family and friends will provide food. In some prisons, areas are available for prisoners to grow their own food.

Hygiene

There is no limit on how many times a week prisoners can shower/bathe. Bathing facilities are communal. The prison authorities provide some toiletries. Prisoners may buy additional toiletries from prison shops.

Work and study

Gabon’s 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 Gabon’s prisons. If you decide to undergo distance learning, a request should be addressed to the attorney general for authorisation.

Contact and languages

Inmates are permitted to make contact with loved ones, unless subject to a specific judicial, security or disciplinary measure that prohibits this.

There is no guarantee that you will be placed in a cell with other English-speaking inmates. Some prisons have equipped libraries.

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

Exercise

Subject to the internal regulations, each prison offers socio-cultural activities services such as sports, recreational and cultural programmes. These can include handicraft training for inmates, educational classes for minors and adults, as well as recreational activities organised by either inmates or groups from outside the prison subject to approval of the prison’s authorities.

Climate

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

Religion

You will have the right to practise any religion of your choice. The registrar draws a list of the authorities of each religion authorised to perform religious rites within the prison.

Rules and regulations (including drugs)

The prison rules and regulations are explained to prisoners on arrival. Sanctions for breaching rules and regulations range from manual labour to confinement. There is no reward system for good behaviour except for those close to the end of their prison terms.

The use of drugs is strictly prohibited by the prison authorities. Any violations can attract severe sanctions. The hygienic conditions of the prisons make the risk of contracting HIV and hepatitis very high in case of intravenous drug use.

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. Please note that you cannot have cash sent to you in the post.

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

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

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular donations from other sources. See Chapter 4 for more details.

Medical and dental treatment

While you are detained, Gabon is responsible for ensuring your basic medical needs are met. The Gabon prisons’ service has qualified personnel in the medical and dental unit; if you are unwell, you should be able to see a doctor in the prison. For complaints that are more serious, you may be taken to a government hospital.

With your permission, we can make sure that any medical or dental problems you bring to the attention of any police or prison doctor are pursued. 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 and sharp or pointed objects. However, mails from lawyers and judicial authorities are exempt from any such control. You can receive books and magazines because there is no regulation barring them.

Tell your family and friends to always include your full name and prison number in the address. It is also a good idea to number all letters in sequence. If you do the same, you can keep track of anything that goes missing.

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

Telephone calls

There are no telephone facilities in Gabon 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 Gabon. 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 Gabonese judicial system

Overview

You will be arrested if you are under suspicion of committing an offence. Remain calm and co-operate with the police. Do not be abusive or violent, as it will make things worse and could result in additional charges. It is an offence to resist arrest.

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

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.

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

How long you can be remanded in custody

The police will ask you to provide various personal details, including your nationality. Following arrest, the police may detain you for an initial period of up to 48 hours to conduct investigations, renewable once. Any extension requires the written approval of the State Counsel (Prosecutor) and may be exceptionally extended twice. Following this, you must either be charged or released. Prisoners have a right of appeal against their continuing detention. If you are committed to trial with or without bail, you will be presented to the court periodically, until judgement. The total time that you are detained awaiting trial will depend on the seriousness and complexity of the offence. But it usually takes a very long time (possibly years) before a case comes to court for full hearing. However, in matters that do not require preliminary inquiries you shall be presented to court earlier.

After you are charged

If you are charged, you may be released on bail, with or without conditions. If you are denied bail, or cannot meet the conditions set, you must be taken before the state counsel or an examining magistrate where you can apply for bail. Normally you will appear before a magistrate 48 hours after your arrest, unless another 48 hours are added for further investigations. They will determine (a) whether you have been legally detained, and, if they are satisfied on that point, (b) whether you should be released on bail, or held on remand, until your next court hearing.

The authorities are not legally obliged to inform us of the arrest of a British national, and do not automatically do so themselves. They are, however, legally obliged to inform you of your right to a phone call, right to be assisted by counsel and right to a medical doctor. It is therefore your right to ask the arresting officer to permit you to call GRC (Global Response Centre at +44 207 008 3355 (24H/7) or the British High Commission in Yaoundé as soon as possible.

We will aim to contact you within 24 hours of being notified of your arrest. If you request a consular visit, we will aim to do this within 48 hours (excluding weekends and public holidays). If distance makes it difficult for us to visit as soon as you would like, we will explain this and confirm a time period within which we will visit. We can also help to put you in touch with the charity Fair Trials International (www.fairtrials.net).

Bail

The Criminal Code states that bail can be granted in all cases. However, we sometimes see cases, such as crimes against national security, where this option does not appear to be available. The power to grant bail lies with the judge appointed to the case.

The FCDO cannot transfer bail funds.

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 in Gabon.

Prisoners Abroad can also supply general (non-country specific) 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 states that legal aid is available in Gabon. In reality, representations by a legal aid lawyer are extremely limited. You should strongly consider hiring a lawyer if you have been arrested in Gabon.

The list of lawyers is provided by the British High Commission 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 Gabon and will depend on the seriousness of the 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 Court of Cassation.

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.

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 Gabon

If you have been tried and convicted, you will be sent to a prison where you can expect to serve your sentence. Transfers are only permitted when there are exceptional and compassionate reasons for doing so.

Transfer to a prison in the UK

There is no prison transfer arrangement between Gabon and the UK.

Release and deportation

The expulsion process is a compulsory administrative process that is carried out against all foreigners that commit a crime in Gabon. 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 Gabonese 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 Gabon themselves: the Gabonese 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.

Chapter 4: Additional information

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 English-Speaking Lawyers

List of Private Translators/Interpreters

Prisoners Abroad Forms