Prisoner Pack Mexico

Question 1

1. Information Pack for British Nationals detained or imprisoned in Mexico pack

Accepted Answer

Author British Embassy Mexico City

Date 02 February 2023

1.1 Contents

Chapter 1: Key points

Overview
First Steps
- First Steps for Migration-Related Detention
- First Steps for All other Detentions

Chapter 2: Detention conditions in Mexico

General prison conditions
- Study in Prison
- Medical and dental treatment
- Food and diet
- Leisure and entertainment
- Drugs
Visits by family and friends
Police custody and initial arrival at prison
Prison: access to help and services
- Receiving money
- Prisoners Abroad
- Mail/Parcels
- Telephone Calls
- Complaints about mistreatment

Chapter 3: the Mexico judicial system

Overview and first steps
Trial and legal assistance

Chapter 4: Additional Information

Glossary of Terms
Annexes

1.2 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, but they 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 [Annex 1]

This detention information pack is designed to give you, and your family and friends, information about the local system in Mexico and who can help. A printed copy is provided to those in prison or in custody, and an online version is available at: Mexico: prisoner pack - GOV.UK [Annex 2]

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 Consulate (and must do so if you want them to).
Even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance.
Friends or family can also contact the local British 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 Consulate even if you don’t 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.

1.3 Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

The British Embassy in Mexico (excluding Quintana Roo and Yucatan states)

Vice Consul Head of Consular Section – Rosaura Ramirez
Pro Consul – Paula Calderon

Contact Information:

British Embassy Torre del Ángel Paseo de la Reforma 350 Col. Juárez 06600 Mexico City

Tel: +52 (55) 1670 3200

Website: https://www.gov.uk/world/organisations/british-embassy-mexico-city

Office Hours:

Monday-Thursday: 9:00 a.m. to 11:30 a.m

Quintana Roo and Yucatán states

Vice Consul – Graciela Peña
Pro Consul – David Cetina

Contact Information

British Consulate Torre Europea, Office 202 Blvd. Kukulcan, KM 12.5 Cancun, Hotel Zone 77500, Cancun, Mexico

Tel: 0052 - 55 1670 3200

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 020 7008 5000.

1.4 What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff 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.

1.5 We can also:

provide a list of local translators and interpreters Mexico: translators and interpreters - GOV.UK [Annex 3]
See also a list of English-speaking lawyers based in Mexico Mexico: lawyers - GOV.UK [Annex 4]
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 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 [Annex 5]
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 aren’t available, we can also pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you – see page.
in some circumstances we may be able to help you apply for a transfer to a prison in the UK.

1.6 What we can’t do

get you out of prison or detention
help you get special treatment
offer legal advice, start legal proceedings or investigate a crime
pay for any costs as a result of being arrested
forward you packages sent by friends or family
prevent authorities from deporting you after release

Question 2

2. First Steps

Accepted Answer

2.1 Will the UK Police be informed?

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. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Mexico.

2.2 Do I need a lawyer? / How can I find a lawyer?

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can give you a list of local interpreters and a list of local English-speaking lawyers is attached to this pack. You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

2.3 Can you get me out?

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However if you are not treated in line with internationally accepted standards we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

2.4 Who else can help me?

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families: www.prisonersabroad.org.uk

Question 3

3. First Steps for Migration-Related Detention

Accepted Answer

You may be detained if your migratory status is irregular, for example, if you have entered Mexico as a tourist and have stayed in the country for more than 180 days or you are not able to provide your passport and migration form (FMM) while travelling between states. Authorities can ask for your documentation and detain you, if that is the case you can be held at a migration facility for up to 90 days.

If you are detained, migration authorities should let you know, in writing, the following: * Your rights * The reason for your detention * The complaints procedure

If you are detained by a migration authority you have the right to seek legal assistance and to ask for an interpreter. If you have special needs, you can get all the information through whatever means you prefer (writing, sign language, etc.). You have the right to receive consular assistance and, once detained, the migration authorities are obligated to notify your nearest Embassy or Consulate.

3.1 Who will know that I have been detained?

Whenever a foreigner is detained in Mexico by the migration authorities, their Embassy or Consulate is notified. You can also ask to contact the Embassy or Consulate directly.

3.2 What will my family be told?

If you are over the age of 16, for reasons of confidentiality, we cannot tell anyone that you have been detained without your permission. However, if you are under 16, we have an obligation to inform your next of kin.

3.3 What will the consulate do?

We will contact the migration facility within 24 hours of receiving the notification. We will ask you if you want us to contact anyone on your behalf and offer to send you a list of local lawyers. We will also make sure you are being treated fairly, kept informed, and given the required medication if you were to have any health-related issue.

3.4 Would I have a criminal record in the UK?

It depends whether the detention is only migration-related or it is linked to other offenses

3.5 Visits

Foreigners detained at migration facilities can receive visits from family members, legal representatives, and the consular officers of their countries. Visitation conditions and hours will vary from facility to facility.

3.6 How do my family and friends arrange a visit?

You are able to make and receive calls from friends, family, consular offices, and legal representatives at the migration facilities. The meetings are arranged via telephone with the migration authorities.

3.7 Consular visits

Consular officers are required to contact you within the next 24 hours after they were notified of your detention. We will assess your situation and, if appropriate, a consular officer may visit you at the migration facility.

Question 4

4. First Steps for All Other Detentions

Accepted Answer

4.1 Who will know that I have been detained?

If you are arrested and detained in Mexico, the Mexican authorities should ask you if you want to inform the British Consulate. This is usually done in writing and takes a few days to reach us. Friends or relations are sometimes quicker to inform us.

4.2 What will my family be told?

If you are over the age of 16, for reasons of confidentiality we cannot tell anyone that you have been detained or what the charges are without your permission. However, if you are under 16, we have an obligation to inform your next-of-kin.

4.3 What will the Consulate do?

As soon as we receive notification (whether by family, friends or officially) we will contact you within 24 hours and aim to visit you within 48 hours. Please be aware that if you are detained outside Mexico City or outside the districts of our Honorary Consuls it may take us longer to visit you.

We will contact the prison and ask if you want anyone to be informed. We will send you information on the Mexican judicial system, a list of local lawyers and ask your next-of-kin if they would like to receive it too.

We can also give your next-of-kin the address of the prison and tell them how to transfer money to you, for a small forwarding fee, through the Foreign, Commonwealth and Development Office in London. This method of transfer can take about 1 week to process.

4.4 Would I have a criminal record in the UK?

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

Question 5

5. Chapter 2: Detention conditions in Mexico

Accepted Answer

5.1 General prison conditions

Prison conditions vary widely. In general, federal prisons are of a higher standard than local (state run) prisons. The type of prison you go to depends on the type of crime committed. Federal prisons are for those who committed federal offences such as drug trafficking. You should expect to be given food, be assigned a set of daily chores around the prison and be given the opportunity to develop further skills to prepare you for life after prison.

5.2 Can I work or study in prison?

Potentially, yes. You may be given the opportunity to join a wide variety of courses so you can pick up a new skill or learn a new subject. You may even be able to study for a university degree. Work may also be available but that will depend on the prison and the local circumstances. Rarely, work will be compensated with money; sometimes, work is compensated with a reduction in the period of incarceration. You should ask your lawyer and/or the prison authorities if the kind of work you would like to do qualifies for some form of compensation.

Some prisons allow prisoners who are knowledgeable in a particular craft or skill to conduct workshops (for example, giving elementary English lessons or carpentry lessons) for other prisoners in exchange for a reduced sentence. If you have a skill or set of marketable skills that you believe could benefit the community, you should mention the possibility of giving lessons in exchange for a reduced sentence to your lawyer or the prison authorities, especially if those skills could be expected to help other prisoners make an honest living after concluding their sentence or help the prison authorities do their job better (for example, teaching to read or do maths; teaching to cook or do construction work; teaching the use of computers and the Internet).

Most prisons will not have very well-stocked libraries, if they have one at all. The likelihood of finding reading material in English is very small. There are a number of British-Mexican benevolent organisations working in Mexico that may be able to provide you with English language books or magazines. Contact the British Consulate for more information.

5.3 Can I receive medical and dental treatment?

Yes. You can receive adequate medical and dental treatment.

Procedures may vary from prison to prison, but most medium and large-sized penitentiaries will have their own clinic and medical staff on site. You should raise any issues relating to your health with the prison authorities, with your lawyer and with the British Consulate. If medical personnel at the prison are unable to treat your condition, you may be transferred to another, better-equipped prison or to a public hospital. Expect to be closely-guarded and possibly handcuffed if you are treated outside of a penitentiary.

Known allergies: if you have any known allergies you should make this known to the prison authorities, your lawyer and the British Consulate as soon as possible. It is very important that medical staff are aware of any known adverse reactions you may have to medication, as they may have to obtain special stores of additional medication to treat just yourself, if needed (for example, special pain killers for dental work). Obtaining medication different to what the clinic already has in stock may take some time, which may delay any urgent medical treatment.

5.4 Food and Diet

You will receive a balanced diet prepared by the prison’s nutritionists. If you suffer from a long term illness you will receive appropriate food to care for your condition. Prison standards in Mexico are usually not as high as prisons in the UK. While food may be nutritious and hygienically prepared, it may not be offered in the quantities British nationals may be accustomed to. Drinkable water should be provided, but you should avoid drinking water from the showers or sink faucets. If you become aware that the drinking water is not of a potable standard, please inform your lawyer and the British Consulate.

Some prisons may allow for small shops to sell crisps and soft drinks within the prison common area, but this is not standard. Federal prisons (which are better funded than local or state prisons) should provide for religious diets; the alternatives they present, however, may be very limited (for example, if you do not eat pork they may offer you extra rations of bread but may not procure other food for you).

5.5 Leisure and entertainment

There is likely to be little or no English language reading material available in prison. Most prisons run a leisure and entertainment programme which you will be able to join. Whilst in prison, it might be possible to receive formal Spanish language tuition and to learn to speak Spanish.

Many low-security prisons allow inmates access to a yard or open air gym. Some prisons have rudimentary basketball courts or football pitches.

Most prisons do not formally allow prisoners to privately possess televisions, radios or other electronic devices. Televisions may be available for watching in the common and/or dining areas.

If available, access to a computer and to the internet will be very restricted.

5.6 Drugs

You should be aware that it is an offence to deal with drugs inside the prison. Mexican prison authorities will prosecute offenders as they work to tackle this issue.

Question 6

6. Visits by family and friends

Accepted Answer

6.1 How do my family and friends arrange a visit?

You should proactively seek to arrange your visits. Mexican law states that prisoners have the last say in whether they receive visitors or not, and the burden will be on you to schedule your visits and to make sure everything is in order for your visitors to be granted final access.

Each prison has its own visiting days, times, conditions and strict dress codes for visitors (for example, federal prisons do not allow access to visitors wearing brown). Please contact the prison authorities or the British Consulate to ask about a particular prison. If your family or friends want to visit you they should contact the Consulate before travelling. Visiting conditions also vary depending on the prison where you are held. In some prisons you are able to have physical contact with your visitors, while in others you are not.

6.2 What types of visits are allowed?

Mexican law recognises and allows five types of visits to prisoners:

Prisoners are allowed visits by family and friends free of cost. The prison director decides what hours and days of the week their prison is open to visitors. As of the time this guide was written, Mexican federal law allows prisoners in federal prisons one visit per week by up to twelve family members and/or friends (with a maximum of three people in direct contact with the prisoner at any point in time; the rest must wait their turn). In contrast with your right to meet with your attorney, prison authorities are allowed to restrict or suspend your family visitation rights as a disciplinary measure. You should inform your attorney of any threats or disciplinary actions from prison authorities which may lead to your visitation rights being suspended.

Visitors to a prison are only allowed to visit one prisoner per visit, unless they are visiting direct family members (parents, spouses or siblings). Other prisoners are not allowed to join another prisoner’s visits.

Physical contact between visitors and prisoners may be restricted depending on the prison’s own specific circumstances and guidelines (for example, prisoners and visitors may only be allowed to hug when arriving and when leaving).

1. Conjugal visits

Mexican federal law allows both male and female prisoners to have intimate visits with their spouse or legal partner in specially designated rooms in the prison. Conjugal visits are taken on the same day as family visits, and are permitted on a weekly basis. Both the prisoner and the visitor must go through health examinations prior to obtaining final authorisation for a conjugal visit.

You will have to investigate with the prison authorities what the specific procedures are at your facility, and what medical examinations are currently necessary. The cost for your partners exams will need to be paid for out of pocket and may be conducted at a private clinic, but the cost of your own medical exams will be paid for by the state and will be conducted at the prison’s own medical clinic.

You will only be authorised intimate visits with your spouse or your legally-recognised partner. Currently, Mexican federal law does not foresee conjugal visits for same-sex couples. You may wish to consult your attorney if you wish to arrange conjugal visits with your same sex- partner in prison.

Security screenings at some high and maximum-level penitentiaries may involve strip searches and body cavity searches for conjugal visitors. If this is the case at your facility, your partner may have their skin and body cavities searched for contraband. The search should be conducted by a medical practitioner at the prison who is ideally (but not necessarily) the same sex as the visitor. If any witnesses are required during the searches, the witness should also be a medical practitioner at the prison’s (or the prison network’s) clinic. Security guards and prison administrative personnel are not allowed to witness or otherwise participate in strip searches or body cavity searches of visitors.

Prison guards and authorities are obligated to follow the law and to respect the privacy and dignity of both prisoners and visitors. You should bring any inappropriate conduct on behalf of any prison authorities to the immediate attention of your attorney and the British Consulate.

2. Visits by the Mexican authorities

You may be visited in prison by an officer of the justice system or police authority. You have the right to refuse to meet with anyone, but prison authorities may insist and possibly attempt to coerce you into meeting with Mexican authorities. You should consider exercising your right to politely insist that your attorney be present at all meetings with Mexican authorities, and you should politely but firmly decline to answer any questions unless your attorney is present.

3. Visits by the prisoner’s public defender or legal representative

Visits by your attorney or state-supplied public defender will sometimes be restricted to three or four days of the week (for example, from Wednesday to Saturday) with several visits during one week allowed. The law grants you the right to communicate with your attorney, and prison authorities should not punish other misconduct by preventing you from communicating with your attorney. However, the law grants that prison security measures may mean that you will not always be able to speak with your attorney at any time you choose to, but only on certain days of the week. If you have an urgent need to speak with your attorney, you should raise the issue with the prison authorities.

Meetings with your attorney should be confidential, and as such the prison authorities should provide a place where you can have a private conversation. It is possible that you and your attorney will be visible to one another while being physically separated by a grate or pane of glass.

4. Religious ministers

Mexico is a predominantly Roman Catholic country and many prisons already have Roman Catholic priests serving mass once a week. Other religious denominations, such as Judaism or Islamism, are uncommon in most prisons in Mexico.

If you wish, you may seek authorisation from the prison authorities for a minister of your faith to visit you in prison. The visit may be a sporadic occurrence, or you may seek to have your minister granted access on a regular basis (for example, every Saturday or every other Friday).

Religious ministers who visit prisoners will be assigned a protection detail by the prison authorities, and your physical access to them may be highly restricted.

6.3 How many visits am I allowed?

As explained above, visitation policies may vary by prison. Federal prisons allow friends, family and spouses/partners to visit once a week, while your lawyer may be able to visit you several more times a week.

6.4 Consular visits

After the initial visit, we aim to visit you twice a year depending on the prison location. We will offer to contact your family or next-of-kin to tell them about your situation. We can give them advice on prison procedure, regulations, your morale and how you are doing. We can also pass on any messages from you. After sentencing, we will aim to visit you at least once a year, depending on the prison location.

6.5 What can visitors bring?

Rules about what you can bring into each prison may vary due to location and security level. For example, some prisons may allow visitors to bring warm clothing (in certain colorations) but others may not. Please contact the British Consulate for more information on a particular prison.

Visitors should find out prior to the visit what they are allowed to bring in. It may help to send a notification to the director’s office stating what they intend to bring.

The following is an indicative list to give you an idea of what cannot be brought to a prison (based on a list provided by the Women’s Correctional Institute at Santa Martha Acatitla).

Powdered Milk
Sports Clothes
Thermos Flasks
Extra ID
Sugar Cane
Balaclavas
Weapons
Metal objects
Flour
Hats
Tetrapack
Glass objects
Powdered Drinks
Miniskirts
Cell phones
Push chairs (with prior warning)
Teabags
Camouflage Trousers
Alcohol
Photographs
Raw Meat
Platform Shoes
Drugs
Bananas (with skin)
Seafood
Ankle Boots
Sweets (one bag per prisoner)
Hooded tops
Herbs
Dark Glasses
Photos
Aerosols

Question 7

7. Police custody and initial arrival at prison

Accepted Answer

7.1 Arrival at the police station & basic rights

The British Embassy keeps a list of English-speaking lawyers in Mexico [Annex 4]. Please note that neither the Embassy nor the FCDO endorse any of the service providers listed, and we cannot be held responsible for the quality of their services.

7.2 Arrival at police station

You will be taken to a Ministerio Publico where you will be asked to make an initial statement. You should be provided with an official interpreter/translator and you should also be given the opportunity to contact the Consulate, a family member or a friend. Your immediate legal situation will be decided then and if charged, you will be transferred to a prison. This can be a local or a federal prison depending on the crime.

7.3 Arrival at prison

You will first be taken to the prison’s legal department so you can make a statement. Again, you should be provided with an official interpreter/translator. You will then be issued with the prison’s uniform and be told the prison’s rules. You will then be taken to the cell assigned to you.

Question 8

8. Prison: access to help and services

Accepted Answer

8.1 How can I receive money?

Each prison has different limits on the maximum amount of money you can bring into prison. There are two ways to receive money from friends or family:

8.2 1. Via the Foreign Office in the UK, where a deposit is made and will be passed onto you via a Consular Officer or visitor in Mexico.

OPTIONS TO TRANSFER FUNDS TO BRITISH NATIONALS OVERSEAS VIA THE FOREIGN, COMMONWEALTH AND DEVELOPMENT OFFICE

Please note that we can only advance funds to the person overseas once your payment has cleared in our account.

1. Electronic Bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include the following details:

Bank: National Westminster Bank Account Name: FCDO Multi Vote Sort Code: 60-70-80 Account Number: 10012362 Reference: FCDO case reference number, surname and first name of the person you are sending the funds for, plus country name if possible, e.g. 11-THB-123456 SMITH JOE – THAILAND or CON-1234 SMITH JOE – THAILAND IBAN GB56NWBK60708010012362 SWIFT/BIC NWBKGB2L

You may also need our bank address which is:

National Westminster Bank, Government Banking, CST PO Box 2027, Parkland, De Havilland Way, Howich, Bolton, BL6 4YU

2. By Post

Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth and Development Office”. They should be sent to:

Accounts Receivable Foreign, Commonwealth and Development Office Corporate Service Centre PO Box 6108 Milton Keynes MK10 1PX

We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the FCDO case reference number. You may wish to use the payment slip on the next page.

If you would like a receipt, please include a stamped addressed envelope.

Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the FCDO case reference number, on the back of the cheque.

We are unable to receive payment by credit or debit card, or by cash.

To: Foreign, Commonwealth and Development Office

FCDO case reference number: Date: Please find enclosed funds for: Full Name: Country/place the above is in: Amount enclosed: Fee to be deducted: Payment method: My name is: My address is:

If you receive frequent financial deposits from friends or family via the Foreign Office, you may nominate someone to pick up the money from the Consulate with a signed letter of authorisation from you. This means that you receive your money as quickly as possible without having to wait for the next Consular visit.

The British Government does not provide financial assistance to prisoners.

8.4 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.

The Foreign Commonwealth & Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.

We are unable to receive payment by credit or debit card, or by cash.

Question 9

9. Prisoners Abroad

Accepted Answer

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: info@prisonersabroad.org.uk

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

9.1 Mail/Parcels

Mail can be sent to Mexican prisons. However, post can take up to 6 weeks to arrive from the UK and the Mexican postal service is not efficient. Prisoners can send mail out but will need to make their own arrangements for buying stamps and stationary. Some prisons will allow their administrative personnel to provide these items, while others will only allow visitors (family, lawyer, etc.) to provide them. Any mail or parcels that you send out and receive in prison will be subject to checks for contraband.

A Consular Officer can receive mail, but not packages, in your name, care of the Embassy. Some prisons will not allow us to deliver unopened letters to you.

9.2 Can I make telephone calls?

You can make a reverse charge call by dialling 020 (national) 090 (international) and ask for a call to be connected “por cobrar”. Most prison shops should sell phone cards called “Tarjetas Ladatel”. Mobile telephones are forbidden in almost all penitentiary facilities. Being found in possession of a mobile phone may be grounds for disciplinary action.

9.3 How can I make a complaint about mistreatment?

You should tell us when we visit you or ask to speak with your lawyer and our consular officers so that we are aware as soon as possible. The Embassy cannot make a complaint on your behalf, but we can provide you with the contact details of government watchdog organisations who would receive and investigate your complaint.

If you have been mistreated, please 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 inform you of 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, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

Question 10

10. Chapter 3: the Mexican judicial system

Accepted Answer

10.1 Overview and first steps

10.2 Is the system the same as the UK?

No, the system is somewhat different. The Mexican system is similar to the British system in that a professional judge or group of three judges (a “tribunal”) will hear a case presented to them by a professional public prosecutor. Whereas judges in a common-law system like in the UK may use their better judgement when deciding cases (for example, in handing down a lighter sentence in a case where they are convinced the offender did commit the offense but this was not their honest intention), judges civil-law systems like in Mexico have very strict regulations as to what they can do.

Public prosecutors in Mexico are licensed attorneys working for the justice department in what is called the “Ministerio Publico” or “MP”. The public prosecutors themselves are referred to as “ministerio publico”, and it is their job to receive criminal complaints, investigate crimes, interview witnesses, prepare evidence, and present cases in court.

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.

10.3 What should happen when I am arrested?

The Consulate should be notified as soon as possible so we can offer you appropriate consular assistance. You should be given the opportunity to contact a member of your family or a friend. You should also be provided with an interpreter.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. A link of a list of local English-speaking lawyers is provided at the end of this pack [Annex 4]

10.4 For how long can I be remanded in custody?

For up to 72 hours for non-serious crimes. For serious crimes such as homicide, drug trafficking or organised crime, you may be held for up to 144 hours before being charged with a crime.

10.5 What happens when I am charged?

The public prosecutor will file charges once their investigation shows a high likelihood that a particular person is responsible. You will be transferred to a prison and assigned a public defender (free of charge) if you do not already have a lawyer. If you are not fluent in Spanish and your lawyer does not speak English, you should request the assistance of a translator. You should ask your lawyer for the opportunity to post bail at this stage. You will be presented to a judge within 72 hours of being detained and charged.

10.6 What provision is there for bail?

Bail may be available, but it will depend on the seriousness of the offence. Bail is usually not available for very serious offences such as kidnapping, homicide, drug-related offenses, and organised crime. You should ask your lawyer to petition the authorities or the appropriate court for bail.

The FCDO is not able to facilitate the transfer of bail funds.

10.7 What kind of legal assistance is available?

The Mexican Constitution states that all persons charged with a crime are entitled to defence by a qualified attorney. The Government will provide a “defensor de oficio” – a lawyer employed by the court to provide free legal advice – if you are unable to provide for your own privately contracted defence. It is not legally possible to represent yourself in criminal proceedings.

Question 11

11. Trial and legal assistance

Accepted Answer

11.1 What kind of legal assistance is available?

If you wish to hire a private lawyer, a list of English-speaking lawyers is provided at the end of this pack [Annex 4]. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

11.2 What happens at the trial?

In June 2016, a new criminal trial system was implemented in Mexico. The process begins when a complaint is filed at the police (Ministerio Público). If there is enough evidence to make a case, the police formally accuses a person of a concrete offense. Then, the judge fixes a period for the police to carry out the investigation, the police cannot take less than a day or more than six months to finish the process. If, after the investigation, the police has gathered enough evidence against the accused, then the judge will call for an intermediate hearing where the defendant and the plaintiff will discuss the evidence publically. Afterwards, if the judge is satisfied with the evidence, she or he will formally open the oral trial and will indicate in which Oral Criminal Court the trial will take place.

During the trial, a court composed of three judges will acknowledge the presence of all the stakeholders. Then, both the plaintiff and the defendant make their opening statements. The accused may choose to testify at the beginning of the trial or during the defendant’s interrogation. Each party presents its evidence which the judges evaluate. Then, the plaintiff and the defendant make their closing statements, the accused may also testify at the end of the trial if needed. The court is required to make a decision on whether or not the accused is guilty in no more than 24 hours. In Mexico, there is no jury, so the final decision is made by the three judges of the court.

11.3 Sentences

A judge will announce the sentence at the end of the trial. This will normally be done in writing.

Criminal cases are presented before a judge, and never a jury (this may change in the near future), who will decide on guilt/innocence and on the appropriate sentence or reparations to be made.

You will have one open trial to provide whatever evidence and justifications you may have. If you are found guilty you are entitled to an appeal but the appellate court will only review the case based on the facts presented to the previous court.

If you are found guilty on appeal, you may still be entitled to an extraordinary recourse known as “amparo”. In your amparo trial, either a single federal judge or a tribunal of federal magistrates will review whether the authorities violated your constitutional rights, and whether those violations were grave enough to merit a retrial or a verdict of innocence.

11.4 How can appeals be made?

The case is transferred to a higher court once you have made an appeal to that court. If you are found guilty, you may wish to have your lawyer appeal on your behalf. A more senior appellate court will only review your case based on the facts presented to the previous court, and decide if the more junior court’s decisions are logical and legal.

Each criminal case has a possible right to one appeal, and another possible right to an extraordinary “amparo” appeal if a federal judge suspects (based on evidence provided by the defence) that the prosecutor’s case was tainted by violations to the defendant’s constitutional rights. There is no other recourse beyond the amparo appeal.

What provision is there for reduction of sentence (remission) e.g. for good behaviour? Federal law allows for a reduction of up to one fifth of the total sentence for good behaviour.

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

Further benefits for good behaviour may include early parole or home-arrest for the remainder of the sentence after three quarters of the sentence have been fulfilled.

11.6 What provision is there for clemency or pardon?

Only the President may grant a pardon for criminal offenses. There is no written provision for how this process should be done. You should discuss this option with your attorney but know that Presidential pardons are extremely rare.

11.7 What about any financial penalties?

There are some fines attached to sentences which will depend on the type of crime committed. If you injure another person you will be expected to pay reparations. If you are unable to pay, your debt will be carried over to after you’ve been released from prison.

11.8 Is transfer to another prison within Mexico possible?

Yes but transfers are decided on a case by case basis. Your lawyer should be able to help you initiate an application for transfer. The primary considerations for authorising a transfer are 1) free space in other prisons, 2) whether the other prison has sufficient budget to hold you, and 3) proximity to your family connections.

11.9 Is transfer to the UK a possibility?

Yes. Once you’ve been found guilty, your lawyer can petition the court and federal prison authority to have you sent to the UK to serve the remainder of your sentence there. Your lawyer should be able to advise you further on the specific procedure.

11.10 What are the procedures for release and deportation?

Foreign nationals are not necessarily deported after having been released. The criteria for deportation is left up to the discretion of the prison authorities at the time of sentencing.

To transfer, you must:

be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
not be awaiting trial
have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
have at least 6 months of your sentence left to serve when you apply for transfer
have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. You should be aware that even if the sentencing State agrees to your transfer then the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family residents there.

To find out more about transfers to the UK In prison abroad: transfer to a UK prison [Annex 6]

11.11 What are the procedures for 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. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply 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 it is best to write and tell your 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 020 7367 4888, Monday to Friday 8 AM to 4 PM, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9 AM to 5 PM.

11.12 Would I have a 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 therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Question 12

12. Chapter 4: Additional Information

Accepted Answer

12.1 Glossary of Terms

Useful legal terms

Spanish	English
Abogado	Lawyer
Agente del Ministerio Público	Investigation police officer
Amparo	A legal process
Apelar	Appeal
Audiencia	Hearing (e.g. with prison director)
Audiencia de Sentencia	Trial Hearing, final hearing
Auto de formal prisión	Judges imprisonment order
Averiguación Previa	Initial investigation drawn up by Ministerio Publico
Código Penal	Penal code
Compañero de celda	Cellmate
Condena	Sentence
Crimen organizado	Organised crime
Defensor Público	Public Defendant
Delito grave	Serious crime, felony
Deportar	To deport
Dictamen	Decision
Dinero	Money
Expediente	Case File
Horarios de visitas	Visiting hours
Intérprete	Interpreter
Juez	Judge
Juzgado Civil	Civil courtrooms
Juzgado Penal	Criminal courtrooms (often attached to prison building)
Llamada telefónica	Telephone call
Médico	Doctor
Ministerio Público	Public prosecutor
Notario Público	Notary Public
PGR	Federal Prosecutor’s Office (Procuraduría General de la República)
Queja	Complaint
Reclusorio	Prison
Regatear	To bargain
Reos/Prisioneros	Prisoners
Secretario	Secretary, often works with a judge
Secuestro	Kidnapping
Sentencia	Judge’s ruling
Soborno	Bribe
Testigo	Witness
Testimonio	Witness statement
Tribunal Superior	High Court

Key phrases – English into Spanish

English	Spanish
I want to speak with a lawyer.	Quiero hablar con un abogado.
I do not wish to make any declarations (to the police or authorities)	No deseo declarar.
I would like my lawyer present before I answer any questions.	Quiero que mi abogado esté presente antes de contester preguntas.
Please contact the British Embassy in Mexico City.	Por favor contacte a la Embajada Británica en la Ciudad de Mexico.
Hello, how are you?	Hola, ¿cómo estás?
My name is…	Mi nombre es…
How old are you? I’m…	¿Cuántos años tienes? Yo tengo…
I’m British/English/Scottish/Welsh/Northern Irish.	Male: Soy británico/inglés/escocés/gales/norirlandés Female: Soy británica/ inglesa/ escocesa/ galesa/ norirlandesa
I don’t speak Spanish.	No hablo español.
Does anyone speak English?	¿Alguien habla inglés?
Where is the lavatory?	¿Dónde está el baño?
Where are the showers?	¿Dónde están las regaderas?
Can I help you?	¿Puedo ayudarle?
Can you help me, please?	Me puede ayudar, ¿por favor?
Yes please.	Sí por favor.
No thank you.	No gracias.
I’m allergic to… milk/nuts/peanuts	Soy alérgico a…la leche/ las nueces/ los cacahuates
Good morning	Buenos días
Good afternoon	Buenas tardes
Good night	Buenas noches
Yesterday	Ayer
Today	Hoy
Tonight	Esta noche
Tomorrow	Mañana
I’m hungry	Tengo hambre
I feel ill.	Me siento mal.
I need to use the lavatory.	Necesito ir al baño.
A blanket and a pillow, please	Una cobija y una almohada, por favor
Thanks for your help	Gracias por su ayuda
I’m thirsty, is there water? May I have some water, please?	Tengo sed, ¿hay agua? ¿Puedo tener agua, por favor?
It’s hot (environment).	Hace calor
It’s hot (object, such as water).	Está caliente.
My head hurts. My stomach hurts.	Me duele la cabeza. Me duele el estómago.
I am sick to my stomach.	Estoy enfermo del estómago.
Help! Fire! We need a doctor!	Auxilio! !Fuego! Necesitamos un doctor!
It’s cold (environment)	Hace frío
It’s cold (object, such as water)	Esta frio/fria (depends on object).
I’m (very) cold.	Tengo (mucho) frio.

Food and Drink

English	Spanish	Sounds Like
Water	Agua	Ah-goo-ah
Milk	Leche	LEH-cheh
Coffee	Café	Cah-FEH
Tea	Té	TEH
Soda	Refresco	Reh-FRESS-COH
Apple	Manzana	Man-SAH-nah
Banana	Plátano	PLAH-ta-noh
Beans	Frijoles	Free-HOLE
Tortilla	Tortillas	Tor-TEE-ya
Fruit	Fruta	FROO-tah
Vegetables	Verduras	Vehr-DOO-rahs
Rice	Arroz	Ah-ROSS
Sugar	Azúcar	Ah-SOO-car
Bread	Pan	PAHN
Chips	Papas	PA-pas
Fish	Pescado	Pehs-CA-doh
Meat	Carne	CAR-neh
Chicken	Pollo	PO-yo
Fork	Tenedor	The-neh-DOR
Knife	Cuchillo	Coo-CHEE-yo
Spoon	Cuchara	Coo-CHA-ra
Plate	Plato	PLAH-to
Cup	Vaso	VAH-so

Numbers

Number	Spanish	Sounds Like
0	Cero	SAY-roh
1	Uno	OO-noh
2	Dos	DOSE
3	Tres	TRACE
4	Cuatro	KWAT-roh
5	Cinco	SINK-oh
6	Seis	SAY-z
7	Siete	See-ET-eh
8	Ocho	OH-choh
9	Nueve	Knew-EH-veh
10	Diez	dee-ACE
11	Once	OWN-seh
12	Doce	DOS-seh
13	Trece	TREY-seh
14	Catorce	Cah-TOR-seh
15	Quince	KEEN-seh
16	Dieciséis	Dee-ace-ee-SAY-z
17	Diecisiete	Dee-ace-ee-see-ET-eh
18	Dieciocho	Dee-ace-ee-OH-choh
19	Diecinueve	Dee-ace-ee-knew-EH-veh
20	Veinte	VEH-een-teh
100	Cien	See-EN
1000	Mil	MEAL

Question 13

13. Annexes

Accepted Answer

13.1 Links and webpages

Annex 1: Support for British Nationals abroad: https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide

Annex 2: Mexico Prisoners Pack Gov.uk: https://www.gov.uk/government/publications/mexico-prisoner-pack / https://www.prisonersabroad.org.uk/arrest-and-imprisonment

Annex 3: Mexico- Translators and interpreters: https://www.gov.uk/government/publications/mexico-list-of-translators-and-interpreters

Annex 4: Mexico- Lawyers: https://www.gov.uk/government/publications/mexico-list-of-lawyers

Annex 5: Prisoners Abroad Programme: https://www.prisonersabroad.org.uk/

Annex 6: 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

Annex 7: 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

Annex 8: Prisoners Abroad Family Contact Form https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=d5d65efe-779a-4aae-812b-45a365c01221

Annex 9: Prisoners Abroad CFF Form https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=1794432a-4441-47db-934a-57f7125e1a70

Annex 10: Reprieve/Death Penalty Project information https://reprieve.org/uk/

13.2 Disclaimer

This booklet was compiled by the Consular Section at the British Embassy in Mexico. It is revised on a regular basis.

If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments.

The British Embassy in Mexico is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.

Thank you.

Date of last update February 2023

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