Guidance

Colombia: prisoner pack

Updated 22 December 2021

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither His 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.

Information pack for British nationals detained or imprisoned in Colombia

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 Colombia and who can help. A printed copy is provided to those in prison or in custody, and an online version is available.

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 1500

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.

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

You must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British Embassy for your convenience, but neither His Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

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

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

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 0207 008 1500.

Contact information of the British Embassy in Colombia

Carrera 9 # 76 - 49
8th Floor
Bogotá
Colombia

• telephone: +57 601 326 8300 selecting consular assistance option (24/7 Contact number)
• email: Bogota.Escalations@fcdo.gov.uk (monitored during office hours)
• website: www.gov.uk/government/world/colombia
• opening hours: Monday to Thursday 09:00 - 12:00 and 14:00 - 16:00 and Friday: 09:00 -12:00

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.

In Colombia, as soon as a British citizen is arrested or detained, the Colombian authorities should ask you whether you want to notify the Embassy. Under Article 36(1) b of the Vienna Convention on Consular Relations, Colombia must, at your request, notify the consular representative of your country of nationality immediately upon your arrest.

You might find, however, that in some cases the authorities automatically contact the Embassy, but this is not common. A detainee can also submit a formal request for this to be done.

We often also learn of arrests informally through friends or family and, at times, through the media.

It is highly recommended you double check and request that the Embassy is notified.

Once we are notified, we aim to contact you 24 hours after we learn of your arrest and visit you within 48 hours (In normal times- If during a pandemic, we will attempt to contact you via phone as soon as possible). After this, we will visit you every three months or when allowed by the local authorities during the pandemic.

During our routine visits, you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our consular staff. At each consular visit, our staff will complete a “Visit Report”. If there is any information that you would prefer not to disclose to your next of kin you should let us know during the visit.

If appropriate, we will consider approaching the local authorities if you are not treated in line with internationally accepted standards. This will not be done without your permission.

Consular staff are here to support you and to take an interest in your welfare. We aim to be sensitive and non-judgemental. We also aim to treat all prisoners the same, no matter what crime you are detained for or whether you are on remand or have been sentenced.

If you are a dual national with Colombian citizenship and imprisoned in Colombia, the British Embassy cannot assist you formally under international law. However, Consular staff will provide whatever informal assistance the local authorities will allow. Your relatives and friends can contact the consulate for advice as well.

We can also

• provide a list of local English-speaking lawyers and interpreters
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• 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)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

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

First steps

Telling your family

In many cases, we are informed of your detention by friends or family. We take this information and make further enquiries to see which prison you are in. Then we send this information pack.

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.

We will offer to contact your family or next-of-kin to explain how you are. We can give them advice on prison procedures, regulations, your morale and how you are doing.

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.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. 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 Colombia.

Lawyers

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.

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.

Getting out of prison

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.

Other help

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

Detention conditions in Colombia

Visits: friends and family

Visiting rules differ depending on the location of the prison in Colombia.

When authorised, Consular staff can arrange clearance for visits by family members and friends, however the prison authorities may refuse non-relatives.

Consular officers may be able to provide assistance and advice for your family during their first visit to the prison.

What can visitors expect

You should advise your visitors to give as much notice as possible and to supply passport numbers and personal details such as place and dates of birth, addresses, etc. The timing and duration of the visits will depend on the prison authorities.

Please note that visitors of prisoners awaiting extradition will require a special permit.

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

• what to expect on arrival in Colombia
• what happens when they reach the prison
• information on the ‘do’s and don’ts’ of visiting the prison.

What can visitors bring

Colombia has a large number of prisons. Regulations about permitted items vary from one prison to another and the rules can be changed with no notification. Families should therefore contact the FCDO in advance of their visit so we can provide them with an up to date list. Please bear in mind that even if we are told an item is accepted, prison guards can refuse to accept this item at the visit.

Visits: consular staff

We will visit you every three months or when local authorities allow during a pandemic. If there is an emergency (i.e.: mistreatment or health / welfare issues), we will make an exceptional visit.

If permitted by the prison facility, we will deliver complimentary toiletries, books and magazines. If there is an item that you require please let the Consular staff know with sufficient time before your visit. We may need time in order to arrange authorization and supply of the goods.

Any goods you require us to buy for you will normally be deducted from your funds. These funds are normally provided either by Prisoner’s Abroad or family members.

Emergency trips outside of prison

In exceptional cases, the Director of the National Penitentiary and Prison Institute (INPEC), may authorise a visit to an inmate, outside the regulations, leaving written record of the fact and the reasons that motivated such event and will grant it for the time strictly necessary for the visit´s purpose.

Once the visit is concluded, the Director of the National Penitentiary and Prison Institute (INPEC) will inform the Ministry of Justice and Law thereof, indicating the reasons for its granting. 

Police custody and initial arrival at prison

Arrival at the police station and basic rights

You may be taken to a local police station. You are only in custody and not yet on remand. You will then be taken to court where the examining judge will discuss your case with you. The examining judge will decide whether you will go on remand, have to pay a fine, or will be released. This decision is on a case-by-case basis.

If you are given documents to sign, ensure that you understand what you are signing.

Appearance at court

A defence/lawyer must be assigned by the local government Public Defence Office or if you have a trusted (private) lawyer, you must notify local authorities. Please refer to Chapter 1, First steps for further information about lawyers.

Not all court-appointed lawyers are required to speak English. If you are not familiar with local language and do not speak Spanish, you have the right to be assisted by an interpreter provided by the Colombian Judicial System or you can have/hire a trusted (private) interpreter.

The Consulate does not contemplate such services within its Consular tasks (lawyers/interpreters/translators).

The following list of translators is provided by the British Embassy, but neither His Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given:

Please refer to Chapter 3: the Colombia judicial system, under the title Trial and legal assistance for more information.

Initial arrival at the prison

If you are remanded into custody, you will be transferred to an assigned prison by the INPEC authorities (Prison Institute in Colombia). Your next of kin will not be notified without your permission. The prison might also ask you whether you want the Embassy to be notified or not.

The prison authority will assign you a ‘TD number’ or ‘NUI’ in Spanish (a prisoner number). You will then be designated a wing of a prison depending on your circumstances. In most prisons there is a patio (an area) where foreigners are held.

Most foreign prisoners share cells that will be assigned according to the availability of the patio at their arrival. In some cases, prisoners will receive an arrival kit that contains a mat, blanket and basic toiletries (toothpaste, toothbrush, etc). 

Prison: conditions and daily life

There are 132 prisons in Colombia, built to hold 37,000 people. In reality, more than 122,000 people are behind bars. The largest prisons in Bogota are “La Modelo” where prisoners on remand are held and “La Picota”, where sentenced prisoners and those that will be extradited will be held. Due to overcrowding prisoners are sometimes mixed together in these prisons regardless of their judicial situation.

Prisoners may have to sleep on the floor lying on a bed-roll or mat. In most cases this is provided by the prison authorities. Alternatively, these can normally be purchased from a prisoner who is due for imminent release.

Blankets may be supplied. Sheets are not regularly supplied but you can purchase these in the prison. You are strongly advised to buy new bedding, if possible, as this can reduce the risk of skin infections and lice. You should regularly check your clothing and bedding as infestation could be a problem. Temperatures can vary significantly so it is important to have both light and warm clothing.

You should try not to be drawn into any disagreements.

Female prisoners

Women who give birth in prison are transferred to a maternity ward for the birth and may keep the child with them until the baby is three years of age.

Accommodation

Sentenced prisoners and those on remand are usually held separately but overpopulation in prisons sometimes demand both to be mixed.

Overcrowding in the different types of cells is a common problem. It is possible that you may have to share your cell with two or more inmates.

The sleeping accommodation is likely that a mattress, blankets and bedding items won’t be provided. If available, Consular Staff will make their best to bring these during a visit or you may ask your friends/family to provide them for you.

There is natural light.

Food and diet

A typical prison meal is rice, soup and bread. This is sometimes supplemented with vegetables and meat. You will need extra food and vitamins to maintain basic health.

You can normally make informal arrangements to buy additional food. Your family can send money to the Embassy to be held in an account to pay for it or you can use Prisoner Abroad funds. You should bear in mind that most prisons will not allow you to have cash and they will request that money gets deposited in a general account, referencing your ‘TD number’ (prisoner number). Each time you request additional food or toiletries they will deduct the cost from the balance you have.

Hygiene

Mosquitos, cockroaches and rats are common. Sanitation is often a single tap and a hole-in-the-ground toilet inside the cell. Daily showers are usually available but hot water is not usually available. With the overcrowding, many people find it easier to wash in their cell using a bucket.

Work and study

You will find that most prisoners and guards cannot speak English. It is therefore a good idea to learn Spanish. The language will help you to understand what is going on, communicate your needs and also ease the boredom and isolation of prison life. If you have the funds to pay for learning material, the Embassy would be happy to purchase them on your behalf.

All prisoners should be able to work, depending on availability. In reality, it is not always easy to find a job in certain prisons.

If you wish to study this will need to be coordinated with the prison authorities and there may be a cost involved.

Contact and languages

Contact with other inmates is allowed during the day.

Although prison authorities will try to place detainees in a cell with other English-speaking inmates, this will depend on availability and won’t always be the case. Prison guards in Colombia usually don’t speak English. The prisons in Colombia don’t provide language classes.

Detainees in Colombia are able to purchase PIN cards at the prison which they can use to make calls within Colombia. They can access these cards by paying with the money in their prison accounts. There isn’t internet access in the prison.

Although there isn’t writing material available and in most cases books in English won’t be available, you can request these from the Consular team, and we can bring these during visits.

Some prisons will have cultural and social activities offered usually by NGOs, which detainees can partake without issue and in some cases, this would reflect positively on your prisoner record.

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

Exercise

There are some recreational activities available although these vary from prison to prison. There are also time restrictions on exercise.

Climate

Climate differ depending on the location of the prison in Colombia. Colombia’s weather is very different to that of the UK depending on the region and it is mainly humid and variable.

Colombian prisons won’t provide clothing in most cases, but you can request clothing items from the Consular team.

Religion

In prison, you should have access to both Catholic and Protestant priests.

Rules and regulations (including drugs)

Drugs and mobile phones are strictly forbidden in Colombian prisons and if either are found in your possession (or those visiting you) you will face disciplinary action. This might include losing your position if you are working, as well as remission. Visits could be suspended.

Also bear in mind that your behaviour whilst in detention is taken into account when you apply for conditional release. If you inject drugs you run the risk of contracting serious blood-borne infections for example HIV and Hepatitis. 

Prison: access to help and services

Receiving money

There are two ways in which you can receive financial assistance while in prison.

• private funds: deposited to you by your family or friends. See Annex 3 for instructions on how to send funds

• Prisoners Abroad: if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every three months for essential items. You will need to make an application for this grant

Money received from the UK will be converted into local currency and deposited into the bank account of the INPEC (Prison institute in Colombia), INPEC will then disburse the funds to each prisoner accordingly. Some prisons in Colombia are not governed by INPEC. These are district prisons and most of them do not have a facility to allow prisoners to receive money.

If you are in a district prison and in receipt of funds from either prisoners abroad or your family then this will be held on your behalf by our Consular staff. The Consular team can use the money to buy provisions that you may need (and that are allowed by the prison authorities). These items will be delivered in the regular visit. Receipts and balances will be kept in a file for your review.

Please note that our Consular staff cannot be responsible for the loss of funds by the Prison Authorities.

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 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.

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. Please specify here whether prisoners are eligible for one of the three Prisoners Abroad Funds (the Craig Feehan Fund, the Vitamin Fund and the Medical Fund). See Chapter 4 for more details.

Receiving medical and dental treatment

While you are in detention, INPEC is responsible for ensuring your basic medical needs are met.

The standards of healthcare are low. Poor sanitation, inadequate ventilation, low quality food and overcrowding all combine to help the spread of infections. Colds and stomach bugs are common. If the prison doctor cannot treat an illness, it is possible to be referred to an outside doctor. Ask a consular officer about a referral to an external practitioner.

Dental problems are common. The standard of treatment varies and depends on the prison’s facilities. Some prisoners can suffer from depression. Feelings of isolation are normal, especially if you don’t speak Spanish.

There may be a psychiatrist, psychologist or social workers in the prison with whom you can make an appointment. If you are feeling depressed at any time you can raise this with a member of the Consular team and we can approach the prison authorities on your behalf to ask for assistance.

If you have a serious medical condition, you can request a transfer to another prison with better medical facilities. The range of medicines available free-of-charge varies from prison to prison. Sanitary towels and tampons can be ordered through the grocer.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Mail / parcels

You should be able to send and receive mail directly. We are not aware of any restrictions on the amount of mail you can receive. There are rules however on what items you can receive. All letters are censored and you may have to pay a guard to receive a parcel.

Sometimes mail does not get through the prisoner system and letters and parcels can go astray. If this happens you should report this to consular staff and they will make enquiries with the prison. However, the postal system is generally not reliable and there will be occasions when there is nothing that they can do.

You should ask persons sending you mail to put your full name and prison number on the outside and to number the letters in sequence. If you do the same, you will be able to keep track of anything that goes missing.

Letters (but not parcels) can be sent via the British Embassy and can be handed to a consular officer when he/she visits the prison. The Embassy no longer accepts parcels sent by friends or family. Any parcels received will be returned to the sender at their expense.

If you would like your family in the UK or elsewhere to email, they can do some via our central email box: Bogota.Escalations@fcdo.gov.uk

Please ask them to name their email with your full name together with the prison where you are detained. Messages from prisoners to their family and friends can only be sent if they can provide the Embassy with an email address. The messages will be forwarded to the families in 20 working days. Please be aware that the Embassy will not forward letters from prisoners by post.

Magazines, books and newspapers are permitted. However they may be censored. In some prisons, you must write letters on prison paper or use your own stationery. Although you are allowed to write in English, letters are subject to censorship. Prisoner Abroad can also provide envelopes.

Making telephone calls

Yes, it is possible to make telephone calls however there are limits on when, where to and for how long. It is best to give family and friends a range of dates and times when you will try to call.

Many prisoners want to make phone calls at the same time so there may be a long wait. Phone cards can be ordered in the prison.

If you want to call the Consular staff at the Embassy you should use the main switchboard number which is +57 601 326 8300 and select the relevant option for Consular. This number is manned 24/7 so you can always reach someone either in Bogota or London (out of hours) for the price of a local call.

Consular staff is unable to receive calls from prisoners unless they have come through the telephones provided in the prison. If you obtain a mobile phone in the prison and use this to contact the Embassy, we will be unable to take your call. You should not use any form of social media including “WhatsApp” to contact our staff.

Making a complaint about mistreatment

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.

You can also request a visit from the Defensoría del Pueblo (Ombudsman’s office) to take place in a neutral area of the prison.

The Colombian judicial system

Is the system the same as the UK

Colombia has an accusatory system similar to the one adhered to by the United Kingdom and the United States. Overcrowding of the justice system is systemic and cases may take several years to reach a final sentence. Colombia is a signatory to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

There have been very few criminal suits or international claims of mistreatment at the hands of the Colombian authorities. But you should remember never to sign anything you cannot read or understand. It will be regarded as a confession, and could include things you know nothing about. If you find yourself under pressure to sign something, ask to speak to a British Consular officer or your lawyer.

The FCDO cannot interfere with the local 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

You will be taken to a URI (Unidad de Reacción Inmediata or Immediate Reaction Unit), a detention centre, which has slightly inferior standards in comparison to other prisons. You will probably spend a few nights there. At the time of your arrest, you should be made aware of your rights.

The local authorities must immediately inform the following:

1. The reason of your arrest and the details of the officer who performed the arrest.
2. The right to choose the person you wish be informed of your arrest. The responsible officer will immediately inform the chosen person of your arrest/detention.
3. The right to remain silent and the fact that everything said could be used against you and that you are not under obligation to testify against your civil/permanent partner or relatives within 4th grades of consanguinity.
4. The right to designate and meet with a lawyer as soon as possible. If you cannot afford a lawyer, the National System of Advocacy will provide one for you.

Please note that if appointed a public lawyer, it is likely they will not speak English. In this case, an interpreter will need to be present at your meetings with the lawyer.

You must inform the authorities if you want them to contact the British Embassy to inform them about your detention or arrest.

During the hearing with the “URI”, a Spanish – English interpreter must be present. If you cannot afford one, the Colombian authorities will designate one for you.

Most of your belongings will be taken from you, including your passport and any other forms of ID.

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.

Remanded in custody

There is no set time for this. From previous cases, we estimate that this can take up to 18 months. Hearings usually take place 3 to 6 months from the date of arrest although in some cases this may be longer.

What happens when I am charged

Please refer to Chapter 2: Arrival at the police station & basic rights, for detailed information about process after charges.

From the moment of your capture, the judicial police have to meet a term of 36 hours, to present you before the Guarantee Supervisory Judge who endorses the Capture and instructs his freedom or detention order in a prison facility.

Bail provisions

Colombian law does not contemplate bail for the detainee’s release. There is a payment of an insurance policy to the state, so that the Sentence Enforcement Judge grants the freedom.

There are no types of bail and there is no possibility for release for a suspect. A person can enjoy freedom as long as they are under investigation and the prosecutor does not demand a capture order.

The bail according to the Colombian legal ordinances does not exist. A person can apply for freedom through his trusted attorney or court-appointed lawyer by means of payment of a policy and compensation to the victims. However, this measure is not stipulated for all crimes.

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

Trial and legal assistance

Legal assistance

Consular staff cannot give legal advice but they can provide you with a list of English speaking lawyers. If you cannot afford a private lawyer, the prosecutor should appoint a public defender. The quality of public defenders varies and they usually speak Spanish. There have been reports of lawyers turning up at court but never actually discussing the case with their client.

If you are not satisfied with a legal aid lawyer, you may change him, with the permission of the court. If you are represented by a public lawyer, you can raise your concerns to the Ombudsman (Defensoría del pueblo).

Additionally, you can report the conduct of the lawyer before the Superior Council of the Colombian Bar Association (Disciplinary Section).

There are some non-governmental organisations (NGOs) in Colombia with lawyers who are prepared to work for free. However, they tend to focus on human rights issues rather than cases of drug trafficking. As in any other country, some lawyers are better than others – including those who charge fees. If you do pay, it is sensible to agree a flat fee for the whole case before starting or you may find yourself facing “extra expenses‟. Ex-prisoners advise talking to other prisoners, as they often know which lawyers to avoid and what hidden costs there might be.

The Embassy cannot pay legal fees, give legal advice or guarantee to a lawyer that you will pay them.

At the trial

The hearing at the “URI”

A representative of the Prosecutor’s Office will present the charges before a Judge (Juez de garantias). At this point, the legalization of your capture, the imputation of charges, and whether bail is granted will be determined. This should happen within 36 hours of your arrest. If bail is not granted, you will be relocated to a detention centre. Please note this may not happen immediately after the hearing, due to overcrowding at prisons.

Accusation hearing

Within 120 days after the legalization of your arrest, the Judge must hold an “accusation hearing”. During this hearing, the Prosecutor’s Office will officially submit all the evidence against you to your lawyer. The judge must grant a reasonable amount of time for your lawyer to collect proof and prepare your defence.

Please note that according to section 317 of ruling #906, if an accusation hearing is not held within 120 calendar days from the legalization of a person’s arrest, the person must be released. This is not automatic, and the lawyer must prove 120 days passed as a result of the Prosecutor’s Office delay and not due to stalling by the lawyer or the detainee.

Oral and public trial

The judge must set a date for the start of the oral and public trial, where the prosecution’s evidence and defence’s evidence are presented and discussed. Once this debate is over, the judge delivers the sentence of the case.

Appealing process

If sentenced, your lawyer can appeal the decision, which is taken to the National Criminal Court. They will review the case and all the evidence available and either absolve or confirm the sentence.

Sentences

If you are convicted of drugs related offences, you will be given a fine in addition to a jail term of four to twenty years. The amount of the fine depends on the quantity and type of drugs that were in your possession (there are fines for other types of conviction too).

The penalties for foreign nationals include expulsion from Colombia once the sentence has been served.

Making an appeal

Your lawyer/public defender will be best placed to advice on length of sentences and on the appeal processes.

You may appeal against the initial decision of the prosecutor. At the trial stage, you can appeal against all decisions taken against you, including the sentence.

If your appeal is rejected you may apply for cassation, which is dealt with by the Supreme Court of Justice. The aim is not to re-examine the case on grounds of evidence or questions of guilt or innocence but only to investigate points of law. This can be a very long process and you may find your release date comes before your cassation takes place.

Reaching the end of your sentence

Reduction of sentence (remission) for good behaviour

There is a system for granting remission (time off your sentence) for foreign nationals and work or study whilst in prison can be used to reduce the sentence.

Early release on parole

Early release is an option that you have to discuss with your lawyer. In each case, the judge will determine what the requirements will be (if applicable). In most cases, the judge will require that you present evidence of residence in the country as well as evidence of how you will support yourself whilst you are on parole.

Please note that conditional release is a benefit allowing a person to complete their remaining sentence outside the prison, but within Colombia. It is not possible to complete the remaining sentence from the UK, as there is no prisoner transfer agreement between Colombia and UK.

Prisoners who have accessed this benefit report the conditions of maintaining themselves in Colombia without support are complex.

They are no longer considered dependent on the local prison authority, and they are no longer eligible to receive funds from prisoners abroad. It is also not possible to seek employment, as the type of visa does not allow to work.

During conditional release, prisoners will depend on the Court (‘Juzgado’) assigned their case. Their lawyer will need to contact the Court directly in order to enquire on the status of their sentence, as well as for details on the process at the end of the sentence. They are asked to report to Migracion Colombia periodically.

Clemency or pardon

There is no provision for clemency or pardon for crimes. This has only been applied in very few cases.

Financial penalties

Penalties can be imposed in favour of the State finances or by sentence to compensate those harmed by the crimes.

Transferring to another prison in Colombia

Transfers between prisons within Colombia can be arranged by applying to the prison authorities. If you wish to be transferred, please note that you will need to make the application directly. The Embassy cannot request a transfer on your behalf, although in some cases we can support an application, if this is made under medical grounds.

Prison transfers can also be imposed by the prison authorities for disciplinary reasons.

Transferring to the UK

There is no Prisoner Transfer Agreement between the UK and Colombia. The Colombian and UK government will consider on a case by cases basis any applications for transfer for compelling circumstances only. Please note these are very rare.

In prison abroad: transfer to a UK prison

Procedures for release and deportation

For foreign nationals, expulsion is always a part of the verdict. You will not be allowed to re-enter the country again for considerable time, if at all. Some prisoners are released without delay. If your passport is valid and you have enough money to buy an air ticket, you should have no problems in leaving the country.

After you have been released from prison, certain administrative tasks will have to take place before you can leave the country. Migracion Colombia (Border agency in Colombia) will require that you present yourself at their offices with a copy of the sentence, a release order from prison and an ID.

If your passport is not available, please contact the Embassy, as you may need to apply for an Emergency Travel Document. When they have a valid travel document, they will issue an Expulsion Auto that you will have to present at the airport in order to leave the country.

It is recommended that you book your flight as soon as you have confirmation from Migracion that the Auto is ready. You should then not incur any penalty fees from the airline if you have to change your ticket. This procedure usually takes 3 to 5 days if you have your documents complete.

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.

Criminal record in the UK

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

Additional information

In-country NGOs

• FUNDACION CENTRO INVESTIGACION DEFENSA DIRECCION CRIMINALISTICA (FUNCID)
• emails: funcid@hotmail.com, funcidbienestarsocial@hotmail.com
• phone number: + 57 3227693437
• address: Diagonal 38i sur N. 1b-15 este sur Barrio Guacamayas
• office address: Carrera 6 N. 10-42 oficina 503, Edificio Stella.

Lawyers, criminal investigators, social service experts, working for the welfare of persons deprived of their liberty and their families in vulnerable conditions. They can offer legal representation at a lower rate than private lawyers. 

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: info@prisonersabroad.org.uk
• Website: www.prisonersabroad.org.uk

Glossary of terms

Useful legal terms

Access to file (by Lawyer)	Acceso al expediente (por abogado)
Adjudication	Fallo - Sentencia
Administration of justice	Administracion de Justicia
Appeal	Recurso / Apelacion
Appeal for error	Recurso de nulidad
Appeal or complaint	Apelacion o reclamacion
Application	Aplicación
Army	Ejército
Bar Association	Colegio de Abogados
Blood test	Examen de Sangre
Board of prison governors	Instituto Penitenciario y Carcelario
Charge	Acusación
Police Officer	Oficial de policia
Chief Prosecutor	Fiscal general
Chief Public Prosecutor	Fiscal general público
Civil party in criminal trial	Parte civil en un juicio criminal
Code of criminal procedure	Código de Procedimento Criminal
Complaints system	Sistema de reclamaciones
Completed file	Expediente completo
Compulsory prosecution	Acusación de oficio
Conjugal Visit	Visita conyugal
Court file reference	Referencia del proceso
Criminal code	Código Criminal
Criminal Court	Juzgado Penal
Criminal prosecution by victim	Denuncia de la victima
Custody hearing	Audiencia
Custody order	Orden de custodia
Danger of interfering with the course of justice	Obstrucción de justicia
Danger of repeated criminal offences	Peligro de reincidencia
Deportation order	Orden de deportación
Duty of obedience	Deber de obediencia
Evaluation of evidence	Evaluación de pruebas
Expert Witness	Perito
Extradition	Extradición
Federal Border Police	Policia Nacional Fronteriza
Federal Office for the Protection of the Constitution	Corte Constitucional
Federal Police	Policia
Federal Prosecutions Office	Fiscalía General de la Nación
File	Expediente
Final public trial	Juicio
Greater Criminal Court	Corte suprema de Justicia
Guilty	Culpable
High Court	Tribunal
Higher Regional Court	Tribunal superior
Highest Chamber of greater Criminal Court	Corte Suprema de Justicia
Imprisonment after conviction	Tiempo de Sentencia
Insubordination to officer	Insubordinación a oficial
Interpreter	Intérprete
Investigating Judge	Juez investigador
Judge	Juez
Judgement	Juicio / Sentencia
Jurisdiction	Jurisdicción
Juvenile prison rules	Reglas de Prisones juveniles
Law exam	Examen de ley
Lawyer	Abogado
Lay Judges	Árbitro
Lay Judges Court	Tribunal de Arbitramento
Legal Aid Lawyer	Asistencia judicial
Legal Clerk or candidate for law examination	N/A
Legal remedy	Remedio legal (Habeas Corpus, Reducción de penas)
Local Bar Association	Asociación de Abogados
Local prison rules	Reglas de prisiones locales
Local State Court	Tribunal de distrito
Major offence	Delito
Master of the pre-trial	Juez de conocimiento
Minimal (culpability)	Pena mínima
Minister of Justice	Ministerio de Justicia
Minor offence	Contravención
Money earned in prison	Dinero obtenido en la prisión
Notary	Notaria
Officer of the Court	Oficial de tribunal
Opposition	Oposición
Penal order	Orden penal
Penal proceeding	Procedimiento penal
Permit, entitlement	Permiso
Personal money in prison	Dinero propio en la prisión
Physical examination	Examen físico
Plaintiff	Accionante
Police assisting Prosecutor	Policía judicial
Police Chief Inspector	Inspector
Police Commissariat	Comisario
Police field office	Estación de policia
Police Inspector	Inspector de policia
Power of Attorney	Poder
Preliminary detention	Detención provisional
Presiding Judge	Juez Asignado
Presumption of innocence	Presunción de inocencia
Preventive detention	Prisión preventiva
Prison	Prisión
Prison administration	Administración de la prisión
Prison Assessment Unit	Unidad de evaluación
Prison court	Corte de prisión
Prison Director	Director de la prisión
Prison house rules	Reglas de prisión
Prison newspaper	Periódico de la prisión
Prison rule book	Manual de la prisión
Prison rules regarding supervised visit	Reglas de visita supervisada
Prison Warder	Dragoneante - Guardia
Prisoners	Prisionero
Private prosecution	Acción penal privada
Procedural complaint against official	Queja procedimental
Proof of evidence	Prueba de evidencia
Proportionality	Proporcionalidad
Prosecutor	Fiscal
Public Prosecutor’s Office	Fiscalía
Punishment cell	Celda
Regional State Court	Tribunal de circuito
Registered (in State)	Registrado (en el estado)
Rehabilitation	Rehabilitación
Release	Liberar
Release order	Boleta de libertad
Remand rules	Reglas de prisión preventiva
Representative of the Local Authority	Representante de autoridad local

Key phrases – English into Spanish

1	Uno	2	Dos	3	Tres	4	Cuatro
5	Cinco	6	Seis	7	Siete	8	Ocho
9	Nueve	10	Diez	11	Once	12	Doce
13	Trece	14	Catorce	15	Quince	16	Dieciséis
17	Diecisiete	18	Dieciocho	19	Diecinueve	20	Veinte
21	Veintiuno	35	Treintaicinco	40	Cuarenta	50	Cincuenta
100	Cien	250	Doscientos cincuenta	500	Quinientos	1000	Mil

Food

Apple	Manzana	Meat	Carne	Milk	Leche
Banana	Banano	Fruit	Fruta	Rice	Arroz
Beans	Frijoles	Vegetables	Verdura	Juice	Jugo
Bread	Pan	Chicken	Pollo	Tea	Te
Egg	Huevo	Hungry	Hambre	Water	Agua
Food	Comida	Coffee	Cafe	Potatoes	Papas
Jam	Mermelada	Sugar	Azucar

Greetings, people and emergencies

Good Morning	Buenos días	Baby	Bebe	Doctor	Medico
Good Day	Buen día	Boy	Nino	Dentist	Dentista
Good Night	Buenas noches	Son	Hijo	Pain	Dolor
Day	Día	Father	Padre	Today	Hoy
Night	Noche	Girl	Nina	Tomorrow	Mañana
Week	Semana	Man	Hombre	Tonight	Esta noche
Month	Mes	Mother	Madre
Monthly	Mensual	Wife/Woman	Mujer
Year	Año
Hello	Hola	Thank you	Gracias	Goodbye	Adiós

Months, days and times of the year

January	Enero	Monday	Lunes	Spring	Primavera
February	Febrero	Tuesday	Martes	Summer	Verano
March	Marzo	Wednesday	Miércoles	Autumn	Otoño
April	Abril	Thursday	Jueves	Winter	Invierno
May	Mayo	Friday	Viernes
June	Junio	Saturday	Sábado	Sun	Sol
July	Julio	Sunday	Domingo	Rain	Lluvia
August	Agosto			Snow	Nieve
September	Septiembre			Fog	Niebla
October	Octubre
November	Noviembre			Cold	Frio
December	Diciembre			Hot	Calor
				Warm	Tibio

General

Bed	Cama	Hair	Pelo	Paper	Papel
Blanket	Manta	Haircut	Corte de pelo	Pen	Esfero
Book	Libro	Head	Cabeza	Pillow	Almohada
Cell	Celda	Hot	Calor	Plate	Plato
Chocolate	Chocolate	Inside	Dentro	Pullover	Saco
Cigarettes	Cigarrillos	Juice	Jugo	Rain	Lluvia
Clothes	Ropa	Knife	Cuchillo	Shampoo	Champú
Coffee	Café	Later	Más tarde	Shirt	Camisa
Cold	Frio	Magazines	Revistas	Shoe	Zapatos
Crisps	Papas	Mattress	Colchón	Shower gel	Jabón
Cup	Pocillo	Money	Dinero/Plata	Socks	Medias
Cutlery	Cubiertos	Mouth	Boca	Spoon	Cuchara
Debt	Deudas	New	Nuevo	Stamps	Sellos
Door	Puerta	Nose	Nariz	Sun	Sol
Ear	Oreja	Now	Ahora	Tea	Te
Envelope	Sobre	Old	Viejo	Toiletries	Productos de aseo
Eyes	Ojos	Open	Abierto	Trousers	Pantalón
Fork	Tenedor	Outside	Afuera	Weather	Tiempo

Annex

• FCDO leaflet: support for British nationals abroad

• FCDO leaflet: In prison abroad: transfer to a UK Prison

• list of English-speaking lawyers

• list of private translators/interpreters

• Prisoners Abroad forms

ANNEX 3: Electronic Bank transfers instructions

OPTIONS TO TRANSFER FUNDS TO BRITISH NATIONALS OVERSEAS VIA THE FOREIGN AND COMMONWEALTH 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: FCFO 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 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 and Commonwealth Office”. They should be sent to:

Accounts Receivable
Foreign, Commonwealth & 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 & Development Office

FCO 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