Guidance

Prisoner Pack _ January 2022

Updated 31 January 2022

[Note - the information provided in this pack should help detainees know what they can expect, what help is available and how to request help. You should ensure the information provided in this pack is as clear, accurate and complete as possible. Where information is not available, you should update it as soon as you are able to ascertain the necessary information. The pack should be regularly reviewed and updated at least annually – and more regularly if required] This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither Her Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice (see page [19]).

1. Information Pack for British Nationals detained or imprisoned in Oman

Author British Embassy Oman Date 25 August 2021 Contents

2. Chapter 1: Key points

3. Overview, First Steps

4. Chapter 2: Detention conditions in Oman

Visits

Police custody and initial arrival at prison Prison: conditions and daily life Prison: access to help and service

If you are arrested you may be asked to consent to provide a blood or urine sample, particularly if the authorities suspect, or have evidence of, drugs or alcohol use. Failure to comply with this request may result in additional charges for failing to comply being brought against you.

5. Chapter 3: the Oman judicial system

Overview and first steps Trial and legal assistance Reaching the end of your sentence

6. Chapter 4: Additional Information

Additional Information Prisoners Abroad Glossary of Terms Annexes

##Chapter 1: Key Points

7. 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.

This detention information pack is designed to give you, and your family and friends, information about the local system in Oman and who can help. A printed copy is provided to those in prison or in custody, and an online version is available at: Oman: prisoner pack - GOV.UK (www.gov.uk). We welcome feedback to help us improve the information we can provide to others.

8. Contacting us

If you are arrested or detained in another country: The authorities should ask whether you want them to contact the British Embassy (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 Embassy or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000.

In some countries, the authorities might notify the British Embassy 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.

9. Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas.
Consular team in Muscat Vice Consul / Pro Consul British Embassy Muscat PO Box 185, Postal Code 116 Muscat, Mina Al Fahal, Oman

Tel: +968 2460 9000 Fax: +968 2460 9011 Email: [email protected]

The British Embassy in Muscat operates between 0730 and 1430 hours Sunday to Thursday. Outside of these times calls are diverted to the Global Response Centre. In an emergency please contact the British Embassy switchboard on + 968 2460 9000 and follow the instructions. 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.

10. 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.

The Royal Oman Police investigates crimes and as soon as a British National is arrested and detained in Oman, the Omani authorities inform the British Embassy by a Diplomatic Note. If the arrest is in Muscat this is usually within a week, but if it is outside Muscat it can take much longer – up to one month. It is your right to contact the Embassy but this may not happen automatically. We may be informed in the first instance by friends or relations that you have been detained. Once we are notified, we aim to contact you as soon as possible, subject to getting any required permissions, will try to visit/contact you within 48 hours if you would like us to do so. The Embassy requires permission from the Consular department of the Ministry of Foreign Affairs, Oman before we can make contact with detainees at police stations and detention centres. It could take up to a week to receive this permission from the local authorities.

11. We can also:

provide a list of local English-speaking lawyers and interpreters List of lawyers in the Sultanate of Oman - GOV.UK (www.gov.uk)

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 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.)

12. 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

13. First Steps

Can you / will you tell my family?

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. 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.

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 Oman.

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.

If you have dual nationality and are imprisoned in the country of your other nationality the British Embassy cannot assist you formally, under international law. However, Consular staff will provide whatever informal assistance the local authorities will allow.

Further information on the local judicial system comes later in this document, but please note that only Omani appointed lawyers can represent you in court and all proceedings take place in Arabic.

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.

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

14. Chapter 2: Detention conditions in Oman

Visits – friends and family

Can my family and friends visit me? How can I arrange a visit?

Prison regulations state that only family members can visit inmates in the prison. However, the public prosecutor / Royal Oman Police may issue a visit order for a friend; this permission can be obtained from the public prosecutor’s office in Oman.

If, once you are sentenced, a member of your family wishes to visit you from outside Oman, we can help to arrange a visit for you (during working days and before 12.00 noon), with the agreement of the prison officials. For those on remand, visitors may need to get permission from the public prosecution / Royal Oman Police for the visit.

Please ensure that family and friends notify us of their visit a few weeks in advance, to give sufficient time to obtain appropriate permission from the prison authorities.

If your family is in Oman they will be allowed to visit once a month but if they have travelled from the UK then the authorities are usually more flexible. These visits take place in a public area. Visiting hours are usually from Sunday to Thursday 8.00 am to 12:00 noon but can differ with each prison and you or your family will need to find this information out from the prison

To save costs, your families can get in touch with the Country Casework Team in Consular Directorate directly.

Consular Desk Officer Tel: +44 (0) 20 7008 0153 Foreign and Commonwealth Office Fax: +44 (0) 20 7008 0165 Main Building King Charles Street London SW1A 2AH

What can visitors expect?

A meeting usually lasts from 15 to 30 minutes. The visit could be behind a glass barrier in a public area. All visitors are searched before allowing access into the detention centres and mobile phones are not allowed into the meeting rooms. ID documents like Oman civil cards or passports are acceptable proof of IDs and are required to have access to police stations and detention centres. Guards are usually around and will be able to hear to all conversations during the visits. All visitors have to show proof that they fully vaccinated before allowing access to prisons or detention centres.

What can visitors bring?

There are strict rules on what can/cannot be brought into the prison. Items such as books but no magazines may be allowed but permission should be sought. Toiletries, fruits, biscuits have to be purchased from the prison shop within the main prisons like Samayil and Arzat.

15. Visits – Consular staff

A member of the Consular team will aim to visit you once every 6 months unless there are reasons to visit more frequently, depending on prison conditions and your personal circumstances. We will offer to contact your next-of-kin or other close family or friends to pass on any messages you may have. We can give them advice on local prison procedures and regulations, and tell them how you are doing.

You can contact us any time on matters of concern and you will need to purchase phone cards to be able to make calls from the detention centres.

16. Emergency trips outside of prison

Emergency trips are only possible to hospital for medical or dental treatment. Police custody and initial arrival at prison

17. Arrival at the police station & basic rights

Any person who is arrested or detained will be immediately notified of the reasons for the arrest or detention. The detainee has the right to inform anyone they consider necessary and to take the assistance of a lawyer.

Usually ROP issues an arrest warrant, however ROP can still make arrests without a warrant if they think there is strong evidence that a crime has been committed.

ROP are obligated to take a statement immediately upon arrest and if the accused has failed to prove their innocence then the case is referred to the Public Prosecutor for further investigation and this usually takes place after 48 hours of the arrest. A longer period applies for offenses against state security and similar charges.

All legal proceedings in Oman are conducted in Arabic. An interpreter is not always provided by the authorities and statements are written in the Arabic language. All detainees are asked to sign the statement. Detainees could get a lawyer or a local contact to assist with translating the statement provided during the arrest. There is no legal aid in Oman.

If you are arrested you may be asked to consent to provide a blood or urine sample, particularly if the authorities suspect, or have evidence of, drugs or alcohol use. Failure to comply with this request may result in additional charges for failing to comply being brought against you.

Usually detainees are held for up to 48 hours in a police station and after 48 to 72 hours they are moved to detention centres. All detainees have access to food and water and can request for medical attention if they are taking specific medication for any medical condition. The detainee will be taken to the ROP hospital for a medical examination and this is subject to the discretion of the police station.

All personal belongings are held at the police station and later moved to the detention centre depending on the case and duration of custody.

Detainees are usually allowed to make phone calls from their mobile at the police stations but this is agreed at the discretion of the police officer in charge. In detention centres, detainees are allowed to purchase phone cards that can be used to make phone calls.

A detainee is generally entitled to visitors including consular visits. However, the Public prosecution has the overriding authority to prohibit visitors, excluding the lawyers.

18. Appearance at court

All legal proceedings in Oman are conducted in Arabic. An interpreter is not always available and the court may postpone hearings until an interpreter is available. There is no specific right to bail and the decision is taken by the court or the Public Prosecutor based on the case. The detainee’s passport has to be surrendered during the bail period and there could be other conditions attached to bail like payment of financial security

19. Initial arrival at the prison

The main prison in Muscat is Sumayil Central Prison. There is also Arzat Prison in Salalah. If you are remanded in custody while the public prosecutor makes further investigations into your case or are given a jail sentence it is highly likely that you will serve time in the detention centres in the country. Most detainees in Muscat are taken to Al Khoud detention centre.

If you are transported anywhere (e.g. to the courts/public prosecution/hospital/etc) you will be handcuffed and probably leg chained (or shackled). This method is also used when, if sentenced to deportation, you are taken to the airport to leave the country.

Upon arrival at the prison you will be subjected to an intimate body search. All of your possessions will be taken away and stored securely. You will be issued with a uniform. All other items of clothing, such as flip flops, T-shirts etc will need to be purchased from the prison shop (see below).

There are no private cells. Overcrowding can be a problem but this is recognised by the prison authorities. There is usually one guard assigned to each cell. Each cell has a ‘senior’ prisoner who liaises with the guard on behalf of the other inmates. He will arrange for telephone calls (but written requests must be made) and requests relating to food, access to doctors and dentists etc. Only the doctor, via a prescription, can arrange for different food to be provided.

20. Prison: conditions and daily life

There are no educational or vocational facilities at the prison.

If you need medical or dental treatment you should make an appointment to see the prison or police doctor or request a hospital or dentist visit. Prisons have resident doctors. Most police stations do not and you may have to be escorted to a local hospital. Prison doctors are often the equivalent to local GPs in the UK, so unusual or complex medical problems may have to be referred to a specialist outside the prison.

If you have a long-standing medical problem and have received treatment for it previously, it may be useful to obtain a medical report for the local Doctor.

Should you not be seen by a doctor following a request, you should contact the Embassy.

Three meals per day are provided and detainees can also buy food and other personal items such as biscuits, dairy products and fruit from the prison shop. A special diet can only be approved after the prison/police doctor has given his authority on medical grounds. It is up to you to ask to see the doctor and ask him for a special diet. Sometimes the places of detention will provide a special diet on request but this is not an automatic right. An account is opened for all prisoners upon arrival at the prison. Any money the prisoner was holding on arrival will be placed in this account. This money can be used to buy items from the prison shop. The prison only provides the basic uniform. Other needs, such as deodorant, soap, towels etc will have to be purchased from here.

Letters may be sent to you directly at:

Sumayil Central Prison (insert prisoner number) PO Box 411 Postal Code 615 Sumayil Sultanate of Oman

Arzat Prison (insert prisoner number) PO Box 52 Postal Code 211 Salalah Sultanate of Oman

There are no restrictions on the number of letters but there are rules about what you can and can’t receive. All letters are censored. Books are permitted, though they will be looked at and may be censored. This procedure means that it may be a couple of weeks before they are actually given to you. Pornographic or pictures showing nudity are strictly forbidden. If you wish to send letters home stamps can be purchased at the prison shop. With regard to parcels there may be rules about what you can and cannot receive.

21. Accommodation

There are no private cells. Overcrowding can be a problem but this is recognised by the prison authorities.

22. Food and Diet

Three meals per day are provided and detainees can also buy food and other personal items such as biscuits, dairy products and fruits from the prison shop. A special diet can only be approved after the prison/police doctor has given his authority on medical grounds. It is up to you to ask to see the doctor and ask him for a special diet. Sometimes the places of detention will provide a special diet on request but this is not an automatic right.

23. Hygiene

An account is opened for all prisoners upon arrival at the prison. Any money the prisoner was holding on arrival will be placed in this account. This money can be used to buy items from the prison shop. The prison only provides the basic uniform. Other needs, such as deodorant, soap, towels etc will have to be purchased from here.

24. Work and Study

There is no recreational facilities. Detainees can access a courtyard for an exercise period, timings managed by the prison. Holy books are available. Arrangements can be made with the prison authorities to subscribe to English or Arabic newspapers on monthly payment basis.

25. Contact and Languages

Contacts with other inmates are not restricted. There is no internet access and the detainees have to buy phone cards to be able to make calls. All books and reading material are checked and censored before being made available to the detainee.

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

Detainees are allowed one phone call every six weeks as a privilege, with limits on when, where to and for how long. Usually calls times have to be cleared with the prison authorities. There are no facilities for families to call in to speak to detainees.

26. Exercise

There are no recreational facilities. Detainees can access a courtyard for an exercise period, timings managed by the prison. Holy books are available. Arrangements can be made with the prison authorities to subscribe to English or Arabic newspapers on monthly payment basis.

27. Climate

The summer months (April to September) are very hot and humid and all outdoor activities are stopped during this period

28. Religion

Oman is an Islamic country. Holy books are available in the prison.

29. Rules and regulations (including drugs)

Drug trafficking, smuggling and possession are strictly forbidden and the sentences are severe. Prison: access to help and services

How can I receive money? There are two ways in which you may be able to receive financial assistance while in prison.

Private Funds: Deposited to you by your family or friends. See Annex for instructions on how to send funds. Prisoners Abroad: Depending on where you are detained, if your family can’t 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 British Government does not provide financial assistance to prisoners.

30. 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.

If you have friends/family in country they may deposit funds for you at the prison during the visit.

Family can contact the Consular Desk Officers in London for further information

Consular staff will arrange for the money to be brought to you as soon as practically possible. This can take a few weeks. It can then take up to a week for it to reach your prison account. You will need to budget accordingly.

31. Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources.

32. Chapter 3: the Oman judicial system

33. Overview and first steps

Is the system the same as the UK?

The judicial system in Oman is not the same as the United Kingdom.

There are three courts; the Primary, the Appeal and the Supreme Court. Appeals can be made from a judgement of the Primary Court to the Appeal Court, and judgements of the Appeal Court to the Supreme Court. The procedures applicable to criminal offences are set out in the criminal procedure law issued by Royal Decree 97/99.

In Oman there is no system of magistrate’s courts and no trials by jury. Once an individual has been charged with an offence, s/he will be tried by a judge in the criminal division of the Primary Court. However, if the offence with which the individual is charged is a serious offence, the matter may be referred straight to a judge in the Appeal Court.

The official language of the court is Arabic although some officials may speak English. Official translators are provided by the court and are used when the Judge wishes to speak directly to the defendant. They are not responsible for translating all of the court proceedings. A transcript of the court proceedings is available after the hearing (a lawyer with a power of attorney can request it on your behalf).

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.

What should happen when I am arrested?

After a person is arrested the police have the power to detain him / her for up to 48 hours. The case is then referred to the Public Prosecutor. The offices of the Public Prosecutor are open on working days only.

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

For how long can I be remanded in custody? The initial police remand period is 48 hours, during which the accused must be seen by a Public Prosecutor. There can be exceptions to this, for example if the accused is still under the influence of alcohol or narcotics, is medically unfit or there is a public holiday. The Public Prosecutor may extend your remand period if a crucial piece of evidence has not been produced e.g. forensic report, or further detail is required.

The Prosecutor is under no obligation to explain to you or the Embassy why he has asked for an extension. The Public Prosecutor only needs to satisfy the Court that an extension is necessary. It is not unusual for even simple cases to take a number of months.

What happens when I am charged?

When initially arrested and taken to the police station, the detainee will be given a preliminary charge(s). The public prosecutor has the right to keep the same charge, increase the charges or reduce them. We understand that the charges decided by the public prosecutor will be the ones heard at the court. There is no limit to the time an individual who has been charged can be remanded in custody pending trial.

What provision is there for bail?

The arrested person may make an appeal against his/her detention to the Court. If the Court finds no justification for the detention, the arrested person will be released. Once the arrested person has been charged with an offence, s/he cannot appeal against his/her detention.

The Court may release the arrested person on bail, provided an amount of money decided by the Court is deposited. In certain cases the Court may accept a personal guarantee instead of a sum of money. The Embassy cannot act as a guarantor.

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

34. Trial and legal assistance

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. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

There is no legal aid in the Sultanate of Oman. If you cannot afford a lawyer, you will have to represent yourself. In certain circumstances the Court may decide a lawyer should be appointed to represent the defendant.

You can appoint legal representation at any time after your arrest. Lawyers usually require an advance payment before accepting a case. In cases involving money the lawyer may ask for a percentage of the final settlement if the case is successful. Lawyers will usually submit a written defence statement for the judge to consider. Lawyers can discuss cases with the Public Prosecutor before they reach court.

Consular staff cannot give legal advice, but they can provide you with a list of lawyers who speak English. What happens at the trial?

If the Public Prosecutor decides to send the case to court a date will be set for the first hearing. There is no time limit within which the case must be heard. A judge will then consider the case. It may take longer for a decision to be made in serious or complicated cases. Between July and September only a limited number of cases may be considered due to the extended summer break.

There are three levels of criminal court. The Primary Court handles all cases initially and passes judgement. The court session will be held in Arabic but an interpreter must always be present. If there is no interpreter the court will be adjourned. The Embassy cannot provide an interpreter.

Sentences At the end of the sentence for some crimes you will be deported from Oman to your country of residence.

How can appeals be made?

All parties including the prosecution have the right of appeal against a sentence. If you have not appointed a lawyer you may wish to consider appointing one at the appeal stage.

Within 30 days of sentencing you must submit your appeal to the Appeal Court. This can be submitted by you, through the prison authorities or by your lawyer.

Occasionally, and usually only in minor cases, the case may be dropped if both parties make a statement. However, this can only be done before the case reaches the Public Prosecutor. Once it has reached the Public Prosecutor, the case can only be dropped with the authority of the Public Prosecutor. Once the papers are passed to the court the case cannot be settled out of court.

35. Reaching the end of your sentence

What provision is there for reduction of sentence (remission) e.g. for good behaviour?

All parties including the prosecution have the right of appeal against a sentence. If you have not appointed a lawyer you may wish to consider appointing one at the appeal stage.

Within 30 days of sentencing you must submit your appeal to the Appeal Court. This can be submitted by you, through the prison authorities or by your lawyer.

If a sentence of imprisonment followed by deportation is passed the prisoner will be deported back to their home country once the prison sentence has been served. This is known as judicial deportation. A prisoner must finance his own deportation and is kept in prison until someone pays for an air ticket.

Even if the court did not order deportation, the authorities can still decide to “administratively” deport someone. Again, the prisoner will be responsible for paying the cost of the airfare.

If you are to be deported you should arrange for an air ticket to be given to the prison authorities at least a couple of working days before your release. On the day of your flight (provided that is the day of your release date) you will be collected from your cell and given your valuables and passport. You will then be taken to the airport police station and put in the custody of the Immigration Police. The Immigration Police will escort you to the aeroplane.

If you do not have a valid passport (e.g. if it has expired), please tell your Consular Officer who with the permission from Her Majesty’s Passport Office may be able to issue an Emergency Travel document for a fee.

Occasionally, and usually only in minor cases, the case may be dropped if both parties make a statement. However, this can only be done before the case reaches the Public Prosecutor. Once it has reached the Public Prosecutor, the case can only be dropped with the authority of the Public Prosecutor. Once the papers are passed to the court the case cannot be settled out of court.

What provision is there for early release, clemency or pardon?

After two thirds of the sentence has been served and any fines have been paid it is possible for the prisoner or their next of kin to request a pardon, This plea needs to be directly addressed to the Sultan. The Embassy can forward applications for pardons from you or from someone requesting a pardon for you via the Ministry of Foreign Affairs. The Oman government also announces pardons during Eid and national day of Oman mainly for detainees who have completed two –thirds of their sentence Decisions on Pardons are taken on a case by case basis and may depend on your behaviour in prison and adaptation to prison life. There are no hard and fast rules for success and few are granted. The letter should give reasons why clemency/pardon should be granted. You should speak to your lawyer about the content of the letter. We can arrange for it to be delivered with a covering letter. More than one letter can be sent but they must be submitted together. The most important will be from family members. Others should be from friends, plus perhaps another letter from a professional person who will support your case, e.g. your MP or MEP or a lawyer.

What about any financial penalties?

All fines and penalties have to be cleared before your release date and detainees are not released until all fines are cleared.

Is transfer to another prison within Oman possible?

Transfer may be possible in exceptional cases and it will depend on a case to case basis.

Is transfer to the UK a possibility?

No, the United Kingdom does not have an agreement to operate Bilateral Prisoner Transfer with the Sultanate of Oman.

What are the procedures for release and deportation?

If a sentence of imprisonment followed by deportation is passed the prisoner will be deported back to their home country once the prison sentence has been served. This is known as judicial deportation. A prisoner must finance his own deportation and is kept in prison until someone pays for an air ticket.

Even if the court did not order deportation, the authorities can still decide to “administratively” deport someone. Again, the prisoner will be responsible for paying the cost of the airfare.

If you are to be deported you should arrange for an air ticket to be given to the prison authorities at least a couple of working days before your release.

On the day of your flight (provided that is the day of your release date) you will be collected from your cell and given your valuables and passport. You will then be taken to the airport police station and put in the custody of the Immigration Police. The Immigration Police will escort you to the aeroplane.

If you do not have a valid passport (e.g. if it has expired), please tell your Consular Officer who with the permission from Her Majesty’s Passport Office may be able to issue an Emergency Travel document for a fee 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.

36. 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.

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.

37. Chapter 4: Additional Information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison).

They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

your rights as a prisoner and issues that may affect you such as health or transfer to the UK

obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter

learning the language of your country of imprisonment translation of documents

grants for food if you are in a developing country and don’t have funds from other sources

grants for essential medicines and toiletries if you don’t have funds from other sources

preparing for release

help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad 89 - 93 Fonthill Road London N4 3JH UK Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone: 0808 172 0098 (Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time)

Email: [email protected] Website: www.prisonersabroad.org.uk

Glossary of Terms Useful legal terms Key phrases – English into Arabic

English Arabic Amnesty / Pardon Afou Appeal Istinaf Application form Talab Bathroom Hammaam Blanket Battaniya Blood test Fahs dam Book Kitab Case Kadiya Case number Rakam al Kadiya Central Prison Al Sejin Al Markazi Clinic Eyada Complaint Shakwa Court Mahkama Deportation Ibaad Deposit Amanat Doctor Tabeeb Embassy Safara Federal Supreme court Al Mahkama Al Itihadiya Food Taam Guilty Mouznib Hearing session Jalsat Istimaa Indictment Al Touhma Innocent Barei Interpreter Moutarjem Jail Sejin Judgement Mouhakama Lawyer Mouhami Library Maktaba Money Feloos No Problem Ma fi Moushkila Notary Kateb Adel Plaintiff Al Moudaii Police Shurta Power of attorney Wakala Prison Director Mudir Al Sejin Prison rules Kanoun Al Sejin Problem Mushkila Prosecutor Niyaba Release Efraj Security Amn Sentence Oukouba Sentence Al Hokom Sharia’a Court Al Mahkama Al Shariaa Sick Mareed Soap Saboon Telephone call Moukalamat telephone The Accused Al Mutaham To buy Ashtary Tomorrow Boukra Visit Zieyara Ward number Rakam Al Anbar Water Maa Witness Shahed

Annex FCDO leaflet: Support for British Nationals Abroad: Summary https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide 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 List of English-Speaking Lawyers https://www.gov.uk/government/publications/oman-list-of-lawyers List of Private Translators/Interpreters https://www.gov.uk/government/publications/oman-list-of-translators Prisoners Abroad Forms https://www.prisonersabroad.org.uk/arrest-and-imprisonment Prisoners Abroad Authorisation Form https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=8c1a920c-15c6-45e4-9ea0-ab4a08099ae1 Prisoners Abroad Family Contact Form https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=ea6fbe95-97b9-4467-be40-bf0d043f58fa Prisoners Abroad CFF Form [delete if not applicable] https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=63c42d40-036a-404f-a250-eee1bac9086c Reprieve/Death Penalty Project information [we recommend including these forms in any cases which may attract the death] FCDO letter: Financial Assistance – how to send Money to the FCDO The Foreign, Commonwealth & Development Office operates a service which allows you to pay funds to us in the UK which we will pay out in local currency to the above overseas. The various ways you can pay us are detailed below. Under the Consular Fees Amendment Order 2016, we are obliged to charge for this service. The fee is dependent on the amount that you wish to transfer as follows: Amount being sent Fee £0.01 - £99.99 £10 £100 - £499.99 £25 £500 and above £50 When forwarding funds, you should add the above fee to the amount that you wish to transfer. For example, if you want the recipient to receive £50, you will need to send us £60 (£50 to give to the recipient plus £10 fee). We retain the right to further deduct any local overseas charges we may incur in passing the fees to the recipient. Should we be unable to pay the funds locally to the recipient, our policy is to refund amounts above £5 to the depositor by bank transfer. In this case, we would contact you for your bank details. Refunds may take several weeks as our internal processes can only start once all relevant costs have been cleared with local authorities. Options to transfer funds to British Nationals Overseas via the Foreign, Commonwealth & 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 (which can be found at the top of this letter), 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 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, Horwich, 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 and Commonwealth 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 COMPASS/CASEBOOK reference number. You may wish to use the payment slip as provided further in Annex 1. 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 COMPASS reference number, on the back of the cheque. We are unable to receive payment by credit or debit card, or by cash.  PAYMENT SLIP To: Foreign, Commonwealth and Development Office CASEBOOK 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:

[Note - the information provided in this pack should help detainees know what they can expect, what help is available and how to request help. You should ensure the information provided in this pack is as clear, accurate and complete as possible. Where information is not available, you should update it as soon as you are able to ascertain the necessary information. The pack should be regularly reviewed and updated at least annually – and more regularly if required] This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither Her Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice (see page [19]).

38. Information Pack for British Nationals detained or imprisoned in Oman

Author British Embassy Oman Date 25 August 2021 Contents

39. Chapter 1: Key points

Overview First Steps

40. Chapter 2: Detention conditions in Oman

Visits Police custody and initial arrival at prison Prison: conditions and daily life Prison: access to help and service

If you are arrested you may be asked to consent to provide a blood or urine sample, particularly if the authorities suspect, or have evidence of, drugs or alcohol use. Failure to comply with this request may result in additional charges for failing to comply being brought against you.

41. Chapter 3: the Oman judicial system

Overview and first steps Trial and legal assistance Reaching the end of your sentence

42. Chapter 4: Additional Information

Additional Information Prisoners Abroad Glossary of Terms Annexes

##Chapter 1: Key Points

43. 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.

This detention information pack is designed to give you, and your family and friends, information about the local system in Oman and who can help. A printed copy is provided to those in prison or in custody, and an online version is available at: Oman: prisoner pack - GOV.UK (www.gov.uk). We welcome feedback to help us improve the information we can provide to others.

44. Contacting us

If you are arrested or detained in another country:

The authorities should ask whether you want them to contact the British Embassy (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 Embassy or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000.

In some countries, the authorities might notify the British Embassy 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.

45. Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas.
Consular team in Muscat Vice Consul / Pro Consul British Embassy Muscat PO Box 185, Postal Code 116 Muscat, Mina Al Fahal, Oman

Tel: +968 2460 9000 Fax: +968 2460 9011 Email: [email protected] The British Embassy in Muscat operates between 0730 and 1430 hours Sunday to Thursday. Outside of these times calls are diverted to the Global Response Centre. In an emergency please contact the British Embassy switchboard on + 968 2460 9000 and follow the instructions. 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.

46. 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.

The Royal Oman Police investigates crimes and as soon as a British National is arrested and detained in Oman, the Omani authorities inform the British Embassy by a Diplomatic Note. If the arrest is in Muscat this is usually within a week, but if it is outside Muscat it can take much longer, up to one month. It is your right to contact the Embassy but this may not happen automatically.

We may be informed in the first instance by friends or relations that you have been detained. Once we are notified, we aim to contact you as soon as possible, subject to getting any required permissions, will try to visit/contact you within 48 hours if you would like us to do so. The Embassy requires permission from the Consular department of the Ministry of Foreign Affairs, Oman before we can make contact with detainees at police stations and detention centres. It could take up to a week to receive this permission from the local authorities.

47. We can also:

provide a list of local English-speaking lawyers and interpreters List of lawyers in the Sultanate of Oman - GOV.UK (www.gov.uk)

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 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.)

48. 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

49. First Steps

Can you / will you tell my family?

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. 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.

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 Oman.

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.

If you have dual nationality and are imprisoned in the country of your other nationality the British Embassy cannot assist you formally, under international law. However, Consular staff will provide whatever informal assistance the local authorities will allow.

Further information on the local judicial system comes later in this document, but please note that only Omani appointed lawyers can represent you in court and all proceedings take place in Arabic.

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.

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

50. Chapter 2: Detention conditions in Oman

Visits – friends and family

Can my family and friends visit me? How can I arrange a visit?

Prison regulations state that only family members can visit inmates in the prison. However, the public prosecutor / Royal Oman Police may issue a visit order for a friend; this permission can be obtained from the public prosecutor’s office in Oman.

If, once you are sentenced, a member of your family wishes to visit you from outside Oman, we can help to arrange a visit for you (during working days and before 12.00 noon), with the agreement of the prison officials. For those on remand, visitors may need to get permission from the public prosecution / Royal Oman Police for the visit.

Please ensure that family and friends notify us of their visit a few weeks in advance, to give sufficient time to obtain appropriate permission from the prison authorities.

If your family is in Oman they will be allowed to visit once a month but if they have travelled from the UK then the authorities are usually more flexible. These visits take place in a public area. Visiting hours are usually from Sunday to Thursday 8.00 am to 12:00 noon but can differ with each prison and you or your family will need to find this information out from the prison

To save costs, your families can get in touch with the Country Casework Team in Consular Directorate directly.

Consular Desk Officer Tel: +44 (0) 20 7008 0153 Foreign and Commonwealth Office Fax: +44 (0) 20 7008 0165 Main Building King Charles Street London SW1A 2AH

51. What can visitors expect?

A meeting usually lasts from 15 to 30 minutes. The visit could be behind a glass barrier in a public area. All visitors are searched before allowing access into the detention centres and mobile phones are not allowed into the meeting rooms. ID documents like Oman civil cards or passports are acceptable proof of IDs and are required to have access to police stations and detention centres. Guards are usually around and will be able to hear to all conversations during the visits. All visitors have to show proof that they fully vaccinated before allowing access to prisons or detention centres.

What can visitors bring?

There are strict rules on what can/cannot be brought into the prison. Items such as books but no magazines may be allowed but permission should be sought. Toiletries, fruits, biscuits have to be purchased from the prison shop within the main prisons like Samayil and Arzat.

52. Visits, Consular staff

A member of the Consular team will aim to visit you once every 6 months unless there are reasons to visit more frequently, depending on prison conditions and your personal circumstances. We will offer to contact your next-of-kin or other close family or friends to pass on any messages you may have. We can give them advice on local prison procedures and regulations, and tell them how you are doing.

You can contact us any time on matters of concern and you will need to purchase phone cards to be able to make calls from the detention centres.

53. Emergency trips outside of prison

Emergency trips are only possible to hospital for medical or dental treatment. Police custody and initial arrival at prison

54. Arrival at the police station & basic rights

Any person who is arrested or detained will be immediately notified of the reasons for the arrest or detention. The detainee has the right to inform anyone they consider necessary and to take the assistance of a lawyer.

Usually ROP issues an arrest warrant, however ROP can still make arrests without a warrant if they think there is strong evidence that a crime has been committed.

ROP are obligated to take a statement immediately upon arrest and if the accused has failed to prove their innocence then the case is referred to the Public Prosecutor for further investigation and this usually takes place after 48 hours of the arrest. A longer period applies for offenses against state security and similar charges.

All legal proceedings in Oman are conducted in Arabic. An interpreter is not always provided by the authorities and statements are written in the Arabic language. All detainees are asked to sign the statement. Detainees could get a lawyer or a local contact to assist with translating the statement provided during the arrest.

There is no legal aid in Oman.

If you are arrested you may be asked to consent to provide a blood or urine sample, particularly if the authorities suspect, or have evidence of, drugs or alcohol use. Failure to comply with this request may result in additional charges for failing to comply being brought against you.

Usually detainees are held for up to 48 hours in a police station and after 48 to 72 hours they are moved to detention centres. All detainees have access to food and water and can request for medical attention if they are taking specific medication for any medical condition. The detainee will be taken to the ROP hospital for a medical examination and this is subject to the discretion of the police station.

All personal belongings are held at the police station and later moved to the detention centre depending on the case and duration of custody.

Detainees are usually allowed to make phone calls from their mobile at the police stations but this is agreed at the discretion of the police officer in charge. In detention centres, detainees are allowed to purchase phone cards that can be used to make phone calls.

A detainee is generally entitled to visitors including consular visits. However, the Public prosecution has the overriding authority to prohibit visitors, excluding the lawyers.

55. Appearance at court

All legal proceedings in Oman are conducted in Arabic. An interpreter is not always available and the court may postpone hearings until an interpreter is available. There is no specific right to bail and the decision is taken by the court or the Public Prosecutor based on the case. The detainee’s passport has to be surrendered during the bail period and there could be other conditions attached to bail like payment of financial security

56. Initial arrival at the prison

The main prison in Muscat is Sumayil Central Prison. There is also Arzat Prison in Salalah. If you are remanded in custody while the public prosecutor makes further investigations into your case or are given a jail sentence it is highly likely that you will serve time in the detention centres in the country. Most detainees in Muscat are taken to Al Khoud detention centre.

If you are transported anywhere (e.g. to the courts/public prosecution/hospital/etc) you will be handcuffed and probably leg chained (or shackled). This method is also used when, if sentenced to deportation, you are taken to the airport to leave the country.

Upon arrival at the prison you will be subjected to an intimate body search. All of your possessions will be taken away and stored securely. You will be issued with a uniform. All other items of clothing, such as flip flops, T-shirts etc will need to be purchased from the prison shop (see below).

There are no private cells. Overcrowding can be a problem but this is recognised by the prison authorities. There is usually one guard assigned to each cell. Each cell has a ‘senior’ prisoner who liaises with the guard on behalf of the other inmates. He will arrange for telephone calls (but written requests must be made) and requests relating to food, access to doctors and dentists etc. Only the doctor, via a prescription, can arrange for different food to be provided.

57. Prison: conditions and daily life

There are no educational or vocational facilities at the prison.

If you need medical or dental treatment you should make an appointment to see the prison or police doctor or request a hospital or dentist visit. Prisons have resident doctors. Most police stations do not and you may have to be escorted to a local hospital. Prison doctors are often the equivalent to local GPs in the UK, so unusual or complex medical problems may have to be referred to a specialist outside the prison.

If you have a long-standing medical problem and have received treatment for it previously, it may be useful to obtain a medical report for the local Doctor.

Should you not be seen by a doctor following a request, you should contact the Embassy.

Three meals per day are provided and detainees can also buy food and other personal items such as biscuits, dairy products and fruit from the prison shop. A special diet can only be approved after the prison/police doctor has given his authority on medical grounds. It is up to you to ask to see the doctor and ask him for a special diet. Sometimes the places of detention will provide a special diet on request but this is not an automatic right. An account is opened for all prisoners upon arrival at the prison. Any money the prisoner was holding on arrival will be placed in this account. This money can be used to buy items from the prison shop. The prison only provides the basic uniform. Other needs, such as deodorant, soap, towels etc will have to be purchased from here.

58. Letters may be sent to you directly at:

Sumayil Central Prison (insert prisoner number) PO Box 411 Postal Code 615 Sumayil Sultanate of Oman

Arzat Prison (insert prisoner number) PO Box 52 Postal Code 211 Salalah Sultanate of Oman

There are no restrictions on the number of letters but there are rules about what you can and can’t receive. All letters are censored. Books are permitted, though they will be looked at and may be censored. This procedure means that it may be a couple of weeks before they are actually given to you. Pornographic or pictures showing nudity are strictly forbidden. If you wish to send letters home stamps can be purchased at the prison shop. With regard to parcels there may be rules about what you can and cannot receive.

59. Accommodation

There are no private cells. Overcrowding can be a problem but this is recognised by the prison authorities.

60. Food and Diet

Three meals per day are provided and detainees can also buy food and other personal items such as biscuits, dairy products and fruits from the prison shop. A special diet can only be approved after the prison/police doctor has given his authority on medical grounds. It is up to you to ask to see the doctor and ask him for a special diet. Sometimes the places of detention will provide a special diet on request but this is not an automatic right.

61. Hygiene

An account is opened for all prisoners upon arrival at the prison. Any money the prisoner was holding on arrival will be placed in this account. This money can be used to buy items from the prison shop. The prison only provides the basic uniform. Other needs, such as deodorant, soap, towels etc will have to be purchased from here.

62. Work and Study

There is no recreational facilities. Detainees can access a courtyard for an exercise period, timings managed by the prison. Holy books are available. Arrangements can be made with the prison authorities to subscribe to English or Arabic newspapers on monthly payment basis.

63. Contact and Languages

Contacts with other inmates are not restricted. There is no internet access and the detainees have to buy phone cards to be able to make calls. All books and reading material are checked and censored before being made available to the detainee.
There is the possibility to request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries). Detainees are allowed one phone call every six weeks as a privilege, with limits on when, where to and for how long. Usually calls times have to be cleared with the prison authorities. There are no facilities for families to call in to speak to detainees.

64. Exercise

There are no recreational facilities. Detainees can access a courtyard for an exercise period, timings managed by the prison. Holy books are available. Arrangements can be made with the prison authorities to subscribe to English or Arabic newspapers on monthly payment basis.

65. Climate

The summer months (April to September) are very hot and humid and all outdoor activities are stopped during this period

66. Religion

Oman is an Islamic country. Holy books are available in the prison.

Rules and regulations (including drugs) Drug trafficking, smuggling and possession are strictly forbidden and the sentences are severe. Prison: access to help and services

How can I receive money?

There are two ways in which you may be able to receive financial assistance while in prison.

Private Funds: Deposited to you by your family or friends. See Annex for instructions on how to send funds. Prisoners Abroad: Depending on where you are detained, if your family can’t 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 British Government does not provide financial assistance to prisoners.

67. 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.

If you have friends/family in country they may deposit funds for you at the prison during the visit. Family can contact the Consular Desk Officers in London for further information

Consular staff will arrange for the money to be brought to you as soon as practically possible. This can take a few weeks. It can then take up to a week for it to reach your prison account. You will need to budget accordingly.

68. Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources.

69. Chapter 3: the Oman judicial system

70. Overview and first steps

Is the system the same as the UK? The judicial system in Oman is not the same as the United Kingdom.

There are three courts; the Primary, the Appeal and the Supreme Court. Appeals can be made from a judgement of the Primary Court to the Appeal Court, and judgements of the Appeal Court to the Supreme Court. The procedures applicable to criminal offences are set out in the criminal procedure law issued by Royal Decree 97/99.

In Oman there is no system of magistrate’s courts and no trials by jury. Once an individual has been charged with an offence, s/he will be tried by a judge in the criminal division of the Primary Court. However, if the offence with which the individual is charged is a serious offence, the matter may be referred straight to a judge in the Appeal Court.

The official language of the court is Arabic although some officials may speak English. Official translators are provided by the court and are used when the Judge wishes to speak directly to the defendant.

They are not responsible for translating all of the court proceedings. A transcript of the court proceedings is available after the hearing (a lawyer with a power of attorney can request it on your behalf).

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.

What should happen when I am arrested?

After a person is arrested the police have the power to detain him / her for up to 48 hours. The case is then referred to the Public Prosecutor. The offices of the Public Prosecutor are open on working days only.

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

For how long can I be remanded in custody?

The initial police remand period is 48 hours, during which the accused must be seen by a Public Prosecutor. There can be exceptions to this, for example if the accused is still under the influence of alcohol or narcotics, is medically unfit or there is a public holiday. The Public Prosecutor may extend your remand period if a crucial piece of evidence has not been produced e.g. forensic report, or further detail is required.

The Prosecutor is under no obligation to explain to you or the Embassy why he has asked for an extension. The Public Prosecutor only needs to satisfy the Court that an extension is necessary. It is not unusual for even simple cases to take a number of months.

What happens when I am charged?

When initially arrested and taken to the police station, the detainee will be given a preliminary charge(s). The public prosecutor has the right to keep the same charge, increase the charges or reduce them. We understand that the charges decided by the public prosecutor will be the ones heard at the court. There is no limit to the time an individual who has been charged can be remanded in custody pending trial.

What provision is there for bail?

The arrested person may make an appeal against his/her detention to the Court. If the Court finds no justification for the detention, the arrested person will be released. Once the arrested person has been charged with an offence, s/he cannot appeal against his/her detention.

The Court may release the arrested person on bail, provided an amount of money decided by the Court is deposited. In certain cases the Court may accept a personal guarantee instead of a sum of money. The Embassy cannot act as a guarantor.

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

71. Trial and legal assistance

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. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

There is no legal aid in the Sultanate of Oman. If you cannot afford a lawyer, you will have to represent yourself. In certain circumstances the Court may decide a lawyer should be appointed to represent the defendant.

You can appoint legal representation at any time after your arrest. Lawyers usually require an advance payment before accepting a case. In cases involving money the lawyer may ask for a percentage of the final settlement if the case is successful. Lawyers will usually submit a written defence statement for the judge to consider. Lawyers can discuss cases with the Public Prosecutor before they reach court.

Consular staff cannot give legal advice, but they can provide you with a list of lawyers who speak English. What happens at the trial?

If the Public Prosecutor decides to send the case to court a date will be set for the first hearing. There is no time limit within which the case must be heard. A judge will then consider the case. It may take longer for a decision to be made in serious or complicated cases. Between July and September only a limited number of cases may be considered due to the extended summer break.

There are three levels of criminal court. The Primary Court handles all cases initially and passes judgement. The court session will be held in Arabic but an interpreter must always be present. If there is no interpreter the court will be adjourned. The Embassy cannot provide an interpreter.

72. Sentences

At the end of the sentence for some crimes you will be deported from Oman to your country of residence.

How can appeals be made?

All parties including the prosecution have the right of appeal against a sentence. If you have not appointed a lawyer you may wish to consider appointing one at the appeal stage.

Within 30 days of sentencing you must submit your appeal to the Appeal Court. This can be submitted by you, through the prison authorities or by your lawyer.

Occasionally, and usually only in minor cases, the case may be dropped if both parties make a statement. However, this can only be done before the case reaches the Public Prosecutor. Once it has reached the Public Prosecutor, the case can only be dropped with the authority of the Public Prosecutor. Once the papers are passed to the court the case cannot be settled out of court.

73. Reaching the end of your sentence

What provision is there for reduction of sentence (remission) e.g. for good behaviour? All parties including the prosecution have the right of appeal against a sentence. If you have not appointed a lawyer you may wish to consider appointing one at the appeal stage.

Within 30 days of sentencing you must submit your appeal to the Appeal Court. This can be submitted by you, through the prison authorities or by your lawyer.

If a sentence of imprisonment followed by deportation is passed the prisoner will be deported back to their home country once the prison sentence has been served. This is known as judicial deportation. A prisoner must finance his own deportation and is kept in prison until someone pays for an air ticket.
Even if the court did not order deportation, the authorities can still decide to “administratively” deport someone. Again, the prisoner will be responsible for paying the cost of the airfare.

If you are to be deported you should arrange for an air ticket to be given to the prison authorities at least a couple of working days before your release. On the day of your flight (provided that is the day of your release date) you will be collected from your cell and given your valuables and passport. You will then be taken to the airport police station and put in the custody of the Immigration Police. The Immigration Police will escort you to the aeroplane.

If you do not have a valid passport (e.g. if it has expired), please tell your Consular Officer who with the permission from Her Majesty’s Passport Office may be able to issue an Emergency Travel document for a fee.

Occasionally, and usually only in minor cases, the case may be dropped if both parties make a statement. However, this can only be done before the case reaches the Public Prosecutor. Once it has reached the Public Prosecutor, the case can only be dropped with the authority of the Public Prosecutor. Once the papers are passed to the court the case cannot be settled out of court.

What provision is there for early release, clemency or pardon?

After two thirds of the sentence has been served and any fines have been paid it is possible for the prisoner or their next of kin to request a pardon, This plea needs to be directly addressed to the Sultan. The Embassy can forward applications for pardons from you or from someone requesting a pardon for you via the Ministry of Foreign Affairs. The Oman government also announces pardons during Eid and national day of Oman mainly for detainees who have completed two –thirds of their sentence

Decisions on Pardons are taken on a case by case basis and may depend on your behaviour in prison and adaptation to prison life. There are no hard and fast rules for success and few are granted. The letter should give reasons why clemency/pardon should be granted. You should speak to your lawyer about the content of the letter. We can arrange for it to be delivered with a covering letter. More than one letter can be sent but they must be submitted together. The most important will be from family members. Others should be from friends, plus perhaps another letter from a professional person who will support your case, e.g. your MP or MEP or a lawyer.

What about any financial penalties?

All fines and penalties have to be cleared before your release date and detainees are not released until all fines are cleared.

Is transfer to another prison within Oman possible? Transfer may be possible in exceptional cases and it will depend on a case to case basis.

Is transfer to the UK a possibility?

No, the United Kingdom does not have an agreement to operate Bilateral Prisoner Transfer with the Sultanate of Oman.

What are the procedures for release and deportation?

If a sentence of imprisonment followed by deportation is passed the prisoner will be deported back to their home country once the prison sentence has been served. This is known as judicial deportation. A prisoner must finance his own deportation and is kept in prison until someone pays for an air ticket.

Even if the court did not order deportation, the authorities can still decide to “administratively” deport someone. Again, the prisoner will be responsible for paying the cost of the airfare.

If you are to be deported you should arrange for an air ticket to be given to the prison authorities at least a couple of working days before your release. On the day of your flight (provided that is the day of your release date) you will be collected from your cell and given your valuables and passport.

You will then be taken to the airport police station and put in the custody of the Immigration Police. The Immigration Police will escort you to the aeroplane.

If you do not have a valid passport (e.g. if it has expired), please tell your Consular Officer who with the permission from Her Majesty’s Passport Office may be able to issue an Emergency Travel document for a fee 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.

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.

74. Chapter 4: Additional Information

75. Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison).

They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

your rights as a prisoner and issues that may affect you such as health or transfer to the UK

obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter

learning the language of your country of imprisonment

translation of documents

grants for food if you are in a developing country and don’t have funds from other sources

grants for essential medicines and toiletries if you don’t have funds from other sources

preparing for release

help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

76. Prisoners Abroad

89 - 93 Fonthill Road London N4 3JH UK Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone: 0808 172 0098 (Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time)

Email: [email protected] Website: www.prisonersabroad.org.uk

Glossary of Terms Useful legal terms Key phrases – English into Arabic

English Arabic Amnesty / Pardon Afou Appeal Istinaf Application form Talab Bathroom Hammaam Blanket Battaniya Blood test Fahs dam Book Kitab Case Kadiya Case number Rakam al Kadiya Central Prison Al Sejin Al Markazi Clinic Eyada Complaint Shakwa Court Mahkama Deportation Ibaad Deposit Amanat Doctor Tabeeb Embassy Safara Federal Supreme court Al Mahkama Al Itihadiya Food Taam Guilty Mouznib Hearing session Jalsat Istimaa Indictment Al Touhma Innocent Barei Interpreter Moutarjem Jail Sejin Judgement Mouhakama Lawyer Mouhami Library Maktaba Money Feloos No Problem Ma fi Moushkila Notary Kateb Adel Plaintiff Al Moudaii Police Shurta Power of attorney Wakala Prison Director Mudir Al Sejin Prison rules Kanoun Al Sejin Problem Mushkila Prosecutor Niyaba Release Efraj Security Amn Sentence Oukouba Sentence Al Hokom Sharia’a Court Al Mahkama Al Shariaa Sick Mareed Soap Saboon Telephone call Moukalamat telephone The Accused Al Mutaham To buy Ashtary Tomorrow Boukra Visit Zieyara Ward number Rakam Al Anbar Water Maa Witness Shahed

Annex FCDO leaflet: Support for British Nationals Abroad: Summary https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide 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 List of English-Speaking Lawyers https://www.gov.uk/government/publications/oman-list-of-lawyers List of Private Translators/Interpreters https://www.gov.uk/government/publications/oman-list-of-translators Prisoners Abroad Forms https://www.prisonersabroad.org.uk/arrest-and-imprisonment Prisoners Abroad Authorisation Form https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=8c1a920c-15c6-45e4-9ea0-ab4a08099ae1 Prisoners Abroad Family Contact Form https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=ea6fbe95-97b9-4467-be40-bf0d043f58fa Prisoners Abroad CFF Form [delete if not applicable] https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=63c42d40-036a-404f-a250-eee1bac9086c Reprieve/Death Penalty Project information [we recommend including these forms in any cases which may attract the death] FCDO letter: Financial Assistance – how to send Money to the FCDO The Foreign, Commonwealth & Development Office operates a service which allows you to pay funds to us in the UK which we will pay out in local currency to the above overseas. The various ways you can pay us are detailed below. Under the Consular Fees Amendment Order 2016, we are obliged to charge for this service. The fee is dependent on the amount that you wish to transfer as follows: Amount being sent Fee £0.01 - £99.99 £10 £100 - £499.99 £25 £500 and above £50 When forwarding funds, you should add the above fee to the amount that you wish to transfer. For example, if you want the recipient to receive £50, you will need to send us £60 (£50 to give to the recipient plus £10 fee). We retain the right to further deduct any local overseas charges we may incur in passing the fees to the recipient. Should we be unable to pay the funds locally to the recipient, our policy is to refund amounts above £5 to the depositor by bank transfer. In this case, we would contact you for your bank details. Refunds may take several weeks as our internal processes can only start once all relevant costs have been cleared with local authorities. Options to transfer funds to British Nationals Overseas via the Foreign, Commonwealth & Development Office Please note that we can only advance funds to the person overseas once your payment has cleared in our account.

77. 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 (which can be found at the top of this letter), 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 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, Horwich, Bolton, BL6 4YU.

78. 2. By Post

Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign and Commonwealth 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 COMPASS/CASEBOOK reference number. You may wish to use the payment slip as provided further in Annex 1. 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 COMPASS reference number, on the back of the cheque. We are unable to receive payment by credit or debit card, or by cash.  PAYMENT SLIP To: Foreign, Commonwealth and Development Office CASEBOOK 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: