Guidance

Information for British prisoners in Maldives

Updated 22 July 2021

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This publication is available at https://www.gov.uk/government/publications/maldives-prisoner-pack/information-for-british-prisoners-in-maldives

Introduction

Who can help?

The Foreign, Commonwealth & Development Office (FCDO):

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

About the High Commission

We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British High Commission for your convenience, but neither Her Majesty’s Government, nor any Consular official take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

We have tried to make sure that the information in this booklet is accurate and up to date, but the British High Commission cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

Consular officers will usually conduct prison visits and they will be your first point of contact.

Contact information

British High Commission
389 Bauddhaloka Mawatha
Colombo 7
Tel No: (+94) 11 5390639
Email: [email protected]
Web: http://www.gov.uk/contact-consulate-colombo

Working hours: Monday to Thursday 8am to 4pm; Fridays 8am to 1pm

First steps

Who will know I have been detained?

When a British National is arrested and detained in the Maldives, the authorities must inform the British High Commission. This is normally done in writing and notification from the authorities can take up to a week to reach us. We may be informed much more quickly by friends or relations, or sometimes by the Police. We will do all we properly can to contact you within 24 hours of being told that you have been detained.

What will my family be told? For reasons of confidentiality we are not permitted to tell anyone that you have been detained or what the charges are without your permission.

What will the Consulate do?

British Consular Officers stand ready to do what they can to help you:

  • we will aim to contact you within 24 hours
  • we can tell you about the prison system, visiting arrangements, mail and censorship, privileges and social and welfare services. We can pass messages to your family and tell them how to transfer money to you, without bank charges, through the Foreign, Commonwealth & Development Office in London
  • we can provide details of local lawyers, although we cannot pay for a lawyer
  • we are there to support you and to take an interest in your welfare. We can, with your permission, take up any justified complaint about ill treatment, personal safety, or discrimination with the police or prison authorities. We can ensure that any medical or dental problems you might have are brought to the attention of the prison doctor
  • where appropriate, we will consider approaching the local authorities if you are not treated in line with internationally-accepted standards. This may include where your trial does not follow internationally-recognised standards for a fair trial or is unreasonably delayed compared to local cases

If you wish, we can also:

  • pass on a message to your family. Your family can also find out what is happening to you by contacting the Consular Directorate at the FCDO in London. Tel: (+44) 0207 008 0140 or Fax: (+44) 0207 008 0161
  • put you in touch with a prisoner welfare charity called Prisoners Abroad

However, we cannot:

  • get you out of prison, prevent the local authorities from deporting you after your prison sentence, or interfere in criminal or civil court proceedings
  • give you legal advice, start legal proceedings or investigate a crime
  • get you better treatment in prison than is given to local people

Would I have a criminal record in the UK?

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

Visits

How do my family and friends arrange a visit?

If your family or friends want to visit you, they should contact the Consular Directorate at the FCDO in London to discuss before travelling to the Maldives on Tel: (+44) 0207 008 0140 or Fax: (+44) 0207 008 0161. If you have family or friends in country, they should contact the High Commission before visiting. It is normal for a prison guard to sit in on all visits made to you.

It is advisable to give family and friends as much information as you can about:

  • what to expect on arrival in Maldives
  • what happens when they reach the prison

Bear in mind how different Maldives is from Britain, especially for a first-time visitor who has possibly not travelled much. The ‘culture-shock’ plus the sight of you in a prison visiting area with prison officers of different ranks all around, is likely to prove a distressing experience.

How many visits am I allowed?

For more details please discuss this with your lawyer.

Consular visits

Consular staff visit prisoners at 6 monthly intervals.

What can visitors bring?

You need to confirm this with your lawyer or prison authorities.

Prison conditions/services

Arrival at police station

The police will inform you why you have been detained. You should ask for a lawyer and for the British High Commission to be notified.

Arrival at prison

You need to speak to your lawyer.

General prison conditions

You need to speak to your lawyer.

How can I receive money?

With certain limits, we can send you money from your family. In some cases there may be a charge for this service. Family and friends can also deposit monies for you with the prison authorities for purchasing essential items. This applies only to those held in remand. See Annex A for instructions on how to send funds.

Please note that the British High Commission does not provide financial support to British Nationals in prison.

Can I work or study in prison?

You need to check with your lawyer or prison authorities.

Can I receive medical and dental treatment?

Yes, all detainees receive medical and dental treatment as necessary.

Food and Diet

You need to check with your lawyer or prison authorities.

Mail/Parcels

You need to check with your lawyer or prison authorities.

Can I make telephone calls?

You need to check with your lawyer or prison authorities.

Leisure and entertainment

You need to check with your lawyer or prison authorities.

Medication

You need to check with your lawyer or prison authorities.

How can I make a complaint about mistreatment?

With the inmate’s permission, Consular staff can consider taking up a complaint about ill treatment, personal safety or discrimination with the police or prison authorities.

If you wish to file a complaint, please write to the British High Commission or let us know during a consular visit so that we can take forward your concerns.

The Maldives Judicial system

Is the system the same as the UK?

No. The Maldives is an Islamic country and Sharia law applies.

For information about what happens after arrest, charges, bail, parole, legal assistance, trial, sentences, appeals, transfer to another prison in Maldives/UK, release, etc discuss with your lawyer.

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 on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

  • your rights as a prisoner and issues that may affect you such as health or transfer to the UK
  • obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
  • writing to a pen pal
  • learning the language of your country of imprisonment
  • translation of documents
  • grants for food if you are in a developing country and don’t have funds from other sources
  • grants for essential medicines and toiletries if you don’t have funds from other sources
  • preparing for release
  • help for your loved ones, including information, family support groups and assistance with the cost of visiting

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 to Fridays 9.30 am to 4.30 pm, UK time)

Email: [email protected]

Website: https://www.prisonersabroad.org.uk

Annexes

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