Guidance

Ecuador prisoner pack

Updated 22 March 2024

Disclaimer

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.

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 Ecuador and who can help. A printed copy is provided to those in prison or in custody, and an online version is available here. 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 Embassy (and must do so if you request it)
• 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 1500

In some countries, the authorities might notify the British Embassy even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government, which requires a mandatory notification to be made.

Who we are

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

Address

British Embassy Quito - Consular Section
Naciones Unidas and República de El Salvador Avenues
Citiplaza Building
14th floor

• Telephone: +593 2 3972 200
• Online enquiries: <www.gov.uk/contact-consulate-quito>
• Website: link
• Working Hours: Monday to Thursday: 08.30 to 12.30 / 13.30 to 16.30, Friday: 08.30 to 13.00

Consular Section - Public Attention Hours (online appointment regime):

Monday to Friday: 09.00 to 12.00 (except for emergencies involving British nationals).

You can also contact us by phone 24/7 for emergency help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on 0207 008 1500, or from Ecuador through the British Embassy Quito’s switchboard (+593 2 3972 200), selecting the option to report an emergency.

What we can do

The FCDO can offer you impartial and non-judgmental support. 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 best. 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 Ecuador, notification by the authorities to the British Embassy normally takes place several days after the arrest.

We can also:

• provide a list of local English-speaking lawyers and interpreters.
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available);
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges and welfare services;
• keep in regular contact with you, either by visiting or by telephone/mail. 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 cannot 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;
• deposit money sent by family/friends into private bank accounts to pay personal debts.

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 during your detention. With your consent, we can also keep them updated on your wellbeing. If you are not sure about informing your family, we can help you consider the possible impact of not doing so. For example, it may cause them distress if they do not know where you are, or cannot contact you.

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 Ecuador.

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, both of which are attached to this pack.

See below what kind of legal assistance is available. 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.

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 a British citizen. However, if you are not treated in line with internationally accepted human rights standards we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for a 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 that supports British citizens detained overseas and their families.

Detention conditions in Ecuador

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

Visits differ from prison to prison. At Guayaquil, Latacunga and Cuenca regional centres, prisoners should register their intended visitors with the prison officials in advance. Authorised visitors will then be granted a visiting date. All visitors need to bring an ID. Visits will be run in groups from 08.00 to 15.00. In principle, visitors can stay for maximum one hour.

The Ecuadorean National Prison Service SNAI - Servicio Nacional de Atención Integral a Privados de Libertad is responsible for setting up a  schedule for visits, which they update each month, through this link. This provides a list of all the prisons in Ecuador with a timeline schedule per month. Visitors must arrive 10 minutes in advance.

Visits in non-regional prisons may be more flexible but within set visiting days (in principle on Saturday and Sunday). Visitors are also required to bring an ID. In this regime, families and friends are not allowed to bring food inside prisons.

We advise your family to contact us well in advance so that we can inform the prison authorities and provide assistance in the visiting arrangements. Consular officers may be able to accompany your family during their first visit to the prison (if close to the next quarterly visit); subsequent visits by your family will be unaccompanied.

Due to the on-going Ecuadorean prison security and violence crisis, each detention centre has the prerogative to suspend visits, including our consular quarterly visits. You have though, the right to communicate with family/friends and with the consular team through other means. We can request the prison to facilitate Zoom meetings instead.

How many visits am I allowed?

Monthly visits at the regional prisons are related to the security level wing in which you have been placed:

• minimum security: 3 family members; 1 conjugal; 4 visits per month.
• medium security: 2 family members; 1 conjugal; 2 visits per month.
• maximum security: 1 family member, 1 conjugal: 1 visit per month.

Visits – consular staff

The Embassy’s Consular staff will normally visit you on a quarterly basis. In the regional prisons in Guayaquil and Cuenca, our Honorary Vice Consul/Consul will accompany the consular officer.

The consular team will obtain the relevant visit authorisation from the prison authorities. You will be taken to a private visiting area.

In an emergency or under special circumstances (e.g. if we are concerned about health or welfare, including mistreatment) we may visit earlier or arrange to speak to you over the phone or video conference instead, with previous authorisation from the prison.

If you have matters of concern or an urgent issue, you can ask the prison authorities, potentially the social worker or wing coordinator, to contact us on your behalf.

Since the COVID-19 sanitary emergency and due to ongoing prison security incidents, the Ecuadorean Prison Service (SNAI) facilitates Zoom meetings between detainees and their respective consulates. As a foreign detainee, unable to benefit from family visits or telephone calls as the locals, the Embassy agreed with SNAI that video conference communication with your family in the UK will be also permitted. The consular team can help arrange these family/friends video conference calls.

Other types of visitors

Priests and representatives from local church groups or non-government organisations visit the prisons. However, they may need to get special authorisation to undertake their regular visits.

Occasionally the Embassy is approached by British and other foreign volunteers, wishing to visit people in prison in Ecuador. We would always seek your verbal or written consent for someone to visit you before giving them any information about you.

What can visitors expect?

A visit behind glass systems is not available in all prisons. Consular visits usually take place in a private meeting room and may last one or maximum two hours, depending on the circumstances. Consular visits are rarely cancelled or interrupted; however, due to the current prison crisis and unpredictable riots, a visit can be cancelled without much notice. In normal circumstances, it may start slightly later if the entrance mandatory checks are delayed.

For security reasons, consular officers should be assigned a prison guard to be present throughout the whole visit. Likewise, the consular team cannot inform you beforehand which day/time they will be carrying out the visit.

All visitors need to bring ID and will be thoroughly searched by authorised prison police/guards. During state of emergencies, some related to the penitentiary crisis, military presence for the prison’s perimeter security and strict entry checks will be endorsed.

When consular visits are suspended, due to security considerations, the Embassy’s team will arrange a Zoom meeting instead, with the authorisation from the National Prison Service (SNAI) and the relevant prison.

What can visitors bring?

In some old prisons, visitors may be able to bring some ‘prison comforts’. All bags and parcels are searched before entry and the authorities have the right to withhold items they consider unacceptable. However, at regional prisons visitors will only be allowed to bring pre-authorised items (such as toiletries and some clothing in line with the standard guidelines. Black clothing, especially t-shirts, jumpers and caps are completely prohibited).

There is a locker area at the entrance of the prison, where visitors can leave their belongings. During consular visits, we usually obtain previous permission to bring English books and vitamins, as a dietary supplement.

However, given shortage of uniforms and toiletries throughout regional centres, prisoners may be able to obtain permission through the social work unit, for their visitors to bring some extra clothing, shoes and toiletries in line with the standard guidelines (orange T-shirts/jumper/jacket and blue jeans/tracksuit bottoms with no zip and any-colour trainers without laces). The Embassy can help you get similar clearance for the above, if necessary, from the prison service authorities.

Only some medicines are permitted, as long as there is a prescription supplied by the prison´s doctor and with prior authorisation. However, do bear in mind that in principle medical treatment should be provided by the same prison healthcare system.

Emergency trips outside of prison

In principle, emergency trips outside of prison for an urgent situation (e.g. a funeral or to visit a critically ill prisoner’s next-of-kin) are not allowed, any potential special permission will be very bureaucratic to obtain, due to the need of police escort arrangements.

Police custody and initial arrival at prison

Arrival at the police station & basic rights

There are two types of offences recognised in Ecuador: flagrant (caught on the act and processed within 24 hours from the preliminary detention) and non-flagrant (after 24 hours of having committed the offence). This section refers to flagrant detention.

The Police must read out the charges and your rights. Whilst you are at a police station, they will usually gather evidence and interrogate you.

You have the right to remain silent until you get a lawyer and proper legal guidance. If you cannot afford a private lawyer, you are entitled to get a Public Defendant (‘defensor público’).

You should ask for time and privacy to speak alone with your lawyer to brief him/her on the circumstances of your arrest before you give your initial statement or deposition before the Prosecutor (‘Fiscal’). You will then be placed on remand.

According to Ecuadorean law, foreign detainees (non-Spanish speakers) cannot be interrogated without the presence of a private or public lawyer, as well as an official interpreter to translate into English. Official interpreters (̔perito traductor’) should be free of charge, as it is a mandatory requirement and obligation from the State Prosecution Office to arrange. You should therefore insist on being provided with one.

Remember, you should never sign anything you cannot read or understand. If you find yourself under pressure to sign, ask to speak to the British Embassy.

In some instances, you will not give a statement until being moved from the police station. It all very much depends on the availability of judges, lawyers and interpreters, and the speed at which the police investigate your case.

The police will arrange a public ‘flagrant’ hearing before the judge and prosecutor within 24 hours of your detention (‘audiencia de calificación de flagrancia’). If this is not followed, the initial legal process may be considered to be illegal, which could eventually be declared as voided.

Under Ecuadorean law, the detention of foreign nationals must be notified to the relevant consulate or Embassy. Likewise, detainees should be allowed to make a phone call, but more likely to domestic numbers.

Ensure that any police officer or authority, intending to take an official statement from you, correctly identifies themselves by full name and rank, which you may want to write down.

The Ecuadorean policy also states that you should have a basic medical check following your arrest. Usually after the flagrant process, another hearing will be arranged, aimed at pressing charges (‘audiencia de formulación de cargos’). If the judge submits a provisional/preventative detention order, you should be taken straight to the remand prison (called the CDP: ‘Centro de Detención/Privación Provisional de Libertad’), but in practice this is not always enforced, or may depend on other vulnerability factors.

Provisional detention (‘prisión preventiva’) is meant to prevent the destruction of evidence, endanger the victims or if there is an imminent scape risk. For people in vulnerable conditions, due to age or health, this may be replaced by preventative measures (‘medidas cautelares’), such as a travel ban and/or by ordering to present yourself to the prosecution office to sign on a weekly basis.

You can be held at the CDP for a long period as this depends on availability in spaces in main prisons once you have been sentenced.

You will share a cell and it may be overcrowded. You may have access to your belongings, but this depends on whether the police consider them as evidence. If considered as evidence you will not be allowed to keep your possessions. All seized belongings will be listed in the arrest report. Your passport and any other identification will be taken away. Eventually, all confiscated belongings and personal documents will be sent for official storage.

These can be difficult to retrieve afterwards, although we will try since your passport is official property of the British Government.

For drug offences

Quito

If you are arrested at the airport you will be taken to the flagrant unit where a State Prosecutor will start the first phase of investigation.

Although the law states that you are allowed to immediately appoint a lawyer and interpreter, in the case of drug offences, this may only be permitted shortly before giving your statement.

You will usually remain in a flagrant unit for up to 24 hours, before being taken to the CDP.

A table explaining the quantities of use and possession of drugs in Ecuador is available at the ‘Sentence’ section. The sentence punishment will be in proportionally to the scale weight.

Men

The men’s CDP is located in the north of Quito (‘El Inca’ area). All male prisoners pass through this unit, so it can be extremely overcrowded. You could spend several weeks in the CDP depending on whether there is space available in the main prison.

Remand and sentenced prisoners are segregated.

There are basic clothes washing and cooking facilities. At the CDP in Quito there is a public phone but only for incoming calls into the prison wings.

Women

Women detained in Quito are transferred straight to the Latacunga regional prison, in the south of Ecuador.

Outside the main cities - you will usually be held in a local police station and moved to the nearest large prison once your statement has been taken, evidence has been gathered and charges pressed.

Guayaquil

CDP - Guayaquil: men and women

All prisoners pass through this unit and it can be heavily overcrowded. Very basic clothes washing facilities are available.

Initial arrival at the prison

When initially detained and with a provisional detention warrant, you will be taken to a remand prison (CDP - ̔centro de detención provisional’). Once sentenced you will be transferred to one of the main prisons in Ecuador.

There are three main regional prisons located in Guayaquil, Cuenca and Latacunga, which segregate prisoners within the standard social rehabilitation guidelines (high, medium and low security wings) and are managed under a specific prison regime, through more security regulations and restrictions.

When you arrive at one of the regional prisons you will be supplied in principle with 2 sets of uniforms (1 x shorts, 1 x jeans, 1 x shirt, 1 x jumper, 1 sport jogging pants and top) and a pair of shoes. Also an initial “toiletries kit” containing toothbrush, toothpaste, soap, towel, washing detergent, and sanitary towels for women are also supplied. However, bear in mind that due to budget constraints these items are not always in stock.

In addition, an account will be opened for you in the prison shop called ‘Economato’ where you can buy snacks and basic toiletries. These products are usually considerably more expensive than on the outside. The National Prison Service (SNAI) is currently reviewing each prison’s ‘Economato’ private company, aiming to provide a standard service through better quality products, meaning that some shops are still suspended until this process is completed. Also see the ‘How can I receive money’ section for more details.

In principle, all prisoners should be interviewed by a social worker upon arrival and receive a medical check-up by the prison´s doctor in order to open up a medical record.

Appearance at court

More information about the Ecuadorean judicial system can be found in Chapter 3.

Prison: conditions and daily life

Since mid-2020 the Ecuadorean penitentiary system has experienced extremely unpredictable violent riots, involving criminal gangs, sometimes simultaneously organised at regional prisons throughout the country. Smaller prisons have also been affected. These riots have resulted in many deaths.

In July 2021, 25 July 2023 and January 2024, the penitentiary system has been declared in a state of emergency. This has enabled the armed forces and police to offer support to the prisons’ external and internal security, in liaison with the National Prison Service (SNAI).   Further actions and restructuring is continuously under review. Unfortunately, this has not fully prevented further riots breaking out. Other reasons for such riots are the extremely basic prison conditions, overcrowding and deficit of trained prison security guards.

There are 36 prisons (known as rehabilitation centres) in Ecuador holding 35,000 prisoners. These prisons include regional prisons, juvenile centres, and remand prisons (CDP). In 2023, the annual overcrowding rate was 13,45%.

The main cause of overcrowding is the high rate of remand detention and the delays in completing the judicial processes. The government therefore started a judicial and prison system reform, aiming for more effective rehabilitation of prisoners.

Towards the end of 2013 and during 2014, new regional prisons in Guayaquil, Latacunga and Cuenca were inaugurated with a completely new management model, focused on stricter security regulations and social rehabilitation programmes, amongst others: prisoners no longer have access to cash, cooking of their own food or private electric devices; there are more workshop areas and alleged improvements in education and health services. The above prisons replaced the old regime prisons in Quito, Latacunga, Cuenca, some in Loja and other cities.

The prison management model aims to avoid violence, corruption and extortion, through strict security regulations. The social rehabilitation regulation involves the implementation of individual plans, through more prison activities, access to visits and tailored treatment. These are under regular development and monitoring processes. However,  the prison security problems have deteriorated due to criminal gangs’ disputes inside the prisons.

Accommodation

Prisoners are classified under “maximum, medium or minimum” security levels, through an initial personal assessment system. Therefore the classification is according to security parameters and not to the physical space.

Depending on the prison, in principle each cell (in minimum and medium security) has capacity for 6 inmates (3 bunk beds). Each cell has a toilet and washbasin. Showers are in a common area. Hot water is rarely supplied. Mattress, blankets and bedding are usually provided only at regional prisons, but this is no longer guaranteed due to heavy budget constraints.

Prisoners are confined to their cells for around 13 hours a day, from 6pm to 7am. At regional prisons they have turns to go to the “patio” (courtyard with natural light) according to the cell’s floor, either in the morning or afternoon, which is rotated. If you are registered in one of the prison workshops, the time allowed outside the cells may be longer.

Old regime prisons in other cities in Ecuador (such as Prison No. 4 Quito, Ambato, Tulcán, Esmeraldas, Portoviejo, Loja), may be slightly more flexible than regional prisons.

For instance, uniforms and toiletries are not totally provided, and cooking your own meals may still allowed. Access to the patio is also arranged in turns for each pavilion, depending on overcrowding.

Food and diet

There is a provision of prison food, locally known as ‘rancho’, which is free but not really sufficient or nutritional to fulfil your dietary needs. You would need funds to pay for supplements (basic snacks) to your diet, which can be bought from the prison shop, known as ‘Economato’.

The ‘rancho’ is supplied 3 times a day. The prison food has been transferred to private catering companies. The ‘rancho’ typically contains a combination of soup, rice, beans, potatoes, eggs, spaghetti, and chicken/meat, and for breakfast bread and a hot drink.

If you have a special diet due to your health or religious reasons, you may be able to request a slightly different rancho from one of the regional prisons. However, given that a private company is responsible for providing the prison food, it may not always be possible to arrange.

Most British prisoners have commented that they cannot live on the ‘rancho’ alone. Prisoners Abroad can supply prisoners with vitamin supplements, if requested. In general, at the new prisons, vitamins have been authorised by the prison’s doctor.

The current prison model only allows the ‘rancho’ food, so prisoners are no longer able to cook for themselves as they could in the old prisons some years ago.

Drinking water is not always available, but bottled water can be bought from the prison shop.

The prison shop (‘Economato’) has a monthly deposit system, usually made by family, friends or Embassies on behalf of the detainee. Monthly deposits into the ‘Economato’ account, through local bank accounts.

Following a fingerprint registration and record systems, you can access the shop during fixed times and days, and also find out how much credit you have. You can purchase snacks and basic toiletry items using your credit. This system is in place to avoid cash circulating in the prison.

The monthly prison shop limit is USD $100 both for men and women.

However, the National Prison Service (SNAI) is currently reviewing each prison’s ‘Economato’ private company, aiming to provide a standard service through better quality products, meaning that some shops are still suspended until this process is completed.

Hygiene

Shower facilities are mostly separate in communal areas (except from the maximum-security male and female cells). Toilets and washbasins are usually inside the cells, but in some old prisons they are outside for communal use.

Laundry and drying facilities are usually available in the courtyard. Some regional prisons may provide this service twice a month, at your own expense. No razors are allowed but barbers may be provided from time to time. Toiletries are accessible from the prison shop.

Cleaning rotating tasks are usually liaised by the same prisoners, through their wing´s committees.

Water Supply

Some prisons are facing some water quality and supply issues due to water flow problems in their districts. Cotopaxi-Latacunga regional prison has a permanent water rationing system twice a day (access between 0700 to 0930 and 1700 to 1900) due to limited water flow from their potable water networks.

From our understanding, the National Prison Service (SNAI) has been in the process of requesting a water flow increase from Latacunga Municipality, responsible for the district’s water supply.

Work, study and other activities

The regional prison management model is aiming to offer prisoners more activities, through workshops and leisure activities. The workshops are in principle well equipped, but some better than others. However, limited places is an issue as the demand is high. Detainees are meant to sign up to these activities through the relevant prison’s admin team, who will confirm  availability.

Old prisons have standard recreational-labour workshops in place.

Some educational and potentially working opportunities are available in some prisons.

All activities offered by the prison and undertaken by prisoners will be reflected accordingly on their prison records, which amongst other positive assessment factors, are the good behaviour and active participation in prison programmes (known locally as ‘plan de vida’). These records will be accounted for any benefits applications.

You may want to apply for any of the above activities, through the social worker support, or let the Embassy’s consular team know to help you liaising the registration process.

Contact and languages

When prisoners are not confined to their cells and allowed to go to the ‘patio’ (for a couple of hours or so) they will have more contact with other inmates.

Prison security guards do not usually speak English. None or only a few prison officials (including social workers or psychologists) will speak basic English.

Not all prisons provide language classes, but if so, it will usually be to benefit local inmates with “English” lessons. Speaking Spanish will help you understand what is going on, communicate your needs and ease the boredom and mental isolation of prison life. The Embassy can provide you with photocopies of a Spanish self-learning book.

Internet access varies from prison to prison and only few offer IT lessons, at a computer centre. Some may allow you to briefly check your email accounts. Most prisons have a library available but with very few books in English. However, given that books are the only items with a relatively easy permission process, we can ensure to take some books to you during our consular visits.

Some prisons offer e-learning opportunities in their IT rooms. Therefore, should you identify any course of your interest, do contact the social worker or the Embassy’s consular team to liaise this option.

Communal TV, DVD and CD player may be available at regional prisons given that their cells do not have plug sockets installed. Other prisons may have TV access in common areas or even inside the cells, with previous permission from the prison authorities. Some optional cultural and social activities may be offered at the prison.

Exercise

Prisoners are allowed to go outside (courtyard) a few hours a day or per week, where there are usually some exercise facilities.

In the ‘patio’ or on the exercise yard, prisoners can play sport such as football, volleyball and basketball. In the women´s prison aerobics is very popular. These activities are usually accessible, both in the old and new regional prisons. Some prisons have a communal gym.

Climate

Parts of Ecuador (including Quito at 2,800m, Latacunga at 2,750m, Cuenca at 2,550m and Ambato at 2,500m) are located at high altitude. Be aware of higher exposure to UV radiation. Use high factor sunblock and keep well hydrated. Do not underestimate the effects of high altitude on your body. In the Andes areas, nights can be very cold. In coastal regions, such as Guayaquil, Esmeraldas or Manabí, humidity can be very high. The rainy season usually runs from December to May.

The uniforms provided by the prison authorities are usually appropriate for the weather.

Religion

Most prisons have some religious activities, including optional services for prisoners to attend, and religious talks or bible reading groups, which will account points within your prison programmes records.

Priests and representatives from local church groups visit the prisons. However, they may need to get a special authorisation to undertake their regular visits.

Rules and regulations (including drugs)

All prisons are mandated by strict rules and regulations, which involve sanctions if one does not comply. Through behaviour records, there is a reward/ranking system, for instance, by participating in the prison´s workshops, educational programmes, and especially by showing good behaviour (avoiding conflicts with other inmates).

Some bad behaviour examples, which involve sanctions, are having a mobile phone or incurring a debt, usually for drugs. From our understanding, if a detainee is caught with a mobile phone during raids, this will involve an additional judicial case which could potentially increase your final sentence period.

Despite the local authorities’ efforts, drugs are still freely available inside all Ecuadorean prisons. Do everything you can to find other ways to cope with life in prison and avoid consuming drugs. Not only will drug consumption weaken your health, but also taking drugs very often results in personal debts with other prisoners. These debts will attract accelerated rates of interest and if not paid off, could result in serious verbal and physical harassment.

Through the current prison management policy, the local authorities are aiming to control the drug consumption inside prisons.. From our understanding, prisons have strengthened medical assistance for drug “withdrawal” symptoms, but this may not always be guaranteed.

Likewise, some prisons have installed small units for rehab purposes, but only under the direct consent from the prisoner.

Prison: access to help and services

How can I receive 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 Annexes 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.

Private funds

While the Foreign, Commonwealth & Development Office (FCDO) does not provide financial assistance to prisoners, we can, within certain limits, 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 payments by credit/ debit card or by cash.

Although, in theory, cash should no longer be accessible (help tackle extortion inside prisons), this has not been entirely the case.

There is a prison shop in place called ‘Economato’ through a monthly deposit system, usually made by family, friends or Embassies on behalf of the detainee. Following a fingerprint registration and record system, you can access the shop during fixed times and find out how much credit you have. You can purchase snacks and basic toiletry items using your credit. This system is in place to avoid cash circulating in the prison.

The monthly prison shop limit is US$100 both for men and women.

Prisoners Abroad (see below) can help prisoners who have no other financial support, by sending a monthly grant via the Embassy. This is usually deposited into the prison shop, but in exceptional circumstances can be used to purchase other small items such as toiletries or clothing, but only upon your instructions and through the delivery permission from the prison.

Let the Embassy know if you need this support, or write directly to the Prisoners Abroad caseworker for Ecuador. If family wish to send money to you for use in the ‘Economato’ prison shop, they can send this via the Foreign, Commonwealth & Development Office (FCDO), and the Embassy will deposit the money into the shop for you. See the ‘Food and diet’ section for more information on Economato.

Your family should contact the FCDO in London. A caseworker will provide full details. There are two ways to receive money from friends or family via the FCDO in the UK.

Please note that we can only advance funds to the person overseas once your payment has been cleared in our account. Likewise, any deposits will be done directly to your Economato account, and under no circumstances to other detainee’s accounts.

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. You may be eligible for one of the three Prisoners Abroad Funds: the Craig Feehan Fund (to help you to cover some extra basic food and toiletries, which funds are provided in a quarterly basis through the British Embassy´s consular team support; the Vitamin Fund (to cover quarterly vitamins supply as a dietary supplement) and the Medical Fund (through preliminary assessment). See Chapter 4 for more details.

Can I receive medical and dental treatment?

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

The Ecuadorean National Prison Service (SNAI) has an agreement in place with the Ministry of Public Health (MSP) for them to be completely in charge of prison healthcare. This involves the implementation of health attention units (level 1) inside each prison´s wings. It also depends on the number of detainees, which may demand other services.

This agreement, aiming to improve free healthcare for prisoners, through a preventative healthcare programme, also entitles the Ministry of Public Health to appoint the necessary doctors for each prison (including a prison coordinator, psychologist and/or psychiatrist), as well as arranging the supply of basic medication (via a pharmacy inside each new regional prisons) and the installation of basic medical equipment, including dental service. For mental health treatment, the MSP officials arrange period check visits/brigades in the prison. In general, each prisoner should have a medical history file to keep track of any treatment received while in detention.

Healthcare service at the old prisons are more basic.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful to have your medical records (or at least a report) sent from your doctor in the UK. Your UK doctor can send the report via the Embassy, addressed to you.

With your permission, we can make sure that any medical or dental problem you might have are brought to the attention of the 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 interest.

If you need medical or dental treatment you should ask to see the prison doctor or dentist. Depending on the number of patients, you may be assisted on the same day or within a few days. It is unlikely that you will be treated by a doctor who speaks English.

If medicine or a specific treatment (serious illness or need for regular medication/tests) is not available at the prison, in principle the coordinating doctor will arrange an appointment at one of the nearest public hospitals with better facilities in place. The prison authorities and coordinating doctor will also arrange a security escort. However, getting a hospital appointment may take some months to arrange due to high demand.

In some regional prisons, they have implemented special units for disabled detainees, vulnerable people, mental health and drug/alcohol abuse treatment. The latter through the specific consent from the detainee.

Prisons with over 2,000 detainees have 24/7 emergency health service inside the centre. Smaller prisons need to contact ECU911 emergency response centre.

Mail/parcels

Due to the closure of the Ecuadorean mailing system, we currently do not recommend friends and family to send mail to the Embassy to be delivered to the prison during our quarterly visits. If something specific and urgent is needed, then family and friends can send the money through the FCDO and request the consular team to purchase the specific item (please check beforehand that it is permitted by the prison and available in Ecuador and it’s cost).

The Embassy is not able to forward mail on your behalf back to the UK or other countries, unless you use a pre-paid international envelope provided by the UK charity Prisoners Abroad, for you to send letters only to friends or family in the UK. Embassy staff can give you these envelopes during their quarterly visits.

Delivery of parcels is no longer permitted in regional prisons, due to the prison management model and security restrictions. However, for books, toiletries and some clothing/underwear items, the Embassy can obtain a special permission from the National Prison Service (SNAI), but the parcel will be opened first by the Embassy’s consular staff and then thoroughly checked by the prison officials.

If you have a “serious nature” issue to discuss with us, such as health or safety problems, for which you need our help, you should raise these issues with us during consular visits or by calling us (through special permission from the prison´s social working department). Alternatively, by asking them to liaise a Zoom meeting with the Embassy’s consular team, which we can get the relevant permission for.

Can I make telephone calls?

Some prisons have facilities for outgoing calls through the activation of a telephone account (user pin number´s deposit system), others only have the incoming calls options at the pavilions and others, no access to phones at all. Prisoners are encouraged to approach the prison social work team to contact the Embassy, if really needed (may not always be possible).

Guayas, Cotopaxi (Latacunga) and Azuay (Cuenca) regional prisons have telephone booths installed for outgoing calls. There is a telephone account system, which you can top up without a limit through CNT (national telephone system) company code activation. Please request more information on the system from your wing coordinator/social worker for this telephone account system or the Embassy.

Esmeraldas male prison does not have public telephone booths. Loja and Ambato male prisons have only coin telephone booths in each wing (‘pabellón’), both for incoming and outgoing calls.

The remand prison in Quito (CDP) has an incoming calls phone but it is good to agree a time and day for the call, in order to avoid delays when the inmate who picks up the phone goes and looks for you.

Mobile phones are officially prohibited inside prisons. If you are found with a mobile phone card or SIM card, you are likely to be penalised given that this is against the prison regulations. You can face an increase in your sentence for this. Therefore, the consular staff will not be able to answer any calls/SMS messages from unauthorised mobile phones, likewise from unofficial private emails.

How can I make 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 physically mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

The Ecuadorean judicial system

Is the system the same as the UK?

In short, no, but there are many similarities. Prisoners are presumed innocent until proven guilty; they have a right to a legal representative, an interpreter, fair trial and appeal. However, there are fundamental differences. For example, there is no jury system and judicial processes are not always correctly followed and can be very bureaucratic.

Following some reforms in the Ecuadorean judicial system (2011), more funds were allocated to improve the efficiency of the system, including the appointment of new staff and judges and building new courts and other judicial building, better to help speed up the process. However, the judiciary system is still facing some problems that need tackling.

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?

You have the right to be informed of the reason for your arrest and to be read out the charges and your rights. If you show resistant when arrested, police can apply forceful actions.. You have the right to remain silent until you get a lawyer and proper legal guidance. You are entitled to get a Public Defendant (̔defensor público̕).

You should ask for time and privacy to speak alone with your lawyer to brief him/her on the circumstances of your arrest before you give your initial statement or deposition before the Prosecutor (Fiscal). You will then be placed on remand.

According to Ecuadorean law, foreign detainees (non-Spanish speakers) cannot be interrogated without the presence of a private or public lawyer, as well as an official interpreter to translate into English. Official interpreters (̔perito traductor) should be free of charge and you should insist on being provided with one. Remember, you should never sign anything you cannot read or understand. If you find yourself under pressure to sign, ask to speak to the British Embassy.

In some instances, you will not give a statement until being moved from the police station. It all very much depends on the availability of judges, lawyers and interpreters, and the speed at which the police investigate your case. The police will arrange a public hearing before the judge and prosecutor within 24 hours of your detention. If the public hearing occurs after 24 hours, the detention may be considered illegal.

Under Ecuadorean law, when a detention involves a foreign national the relevant consulate should be duly notified. Likewise, detainees should be allowed to make a phone call to a lawyer, relative or friends.

Once the judge has submitted a detention order (̔boleta de encarcelación’), you should be taken straight to the remand prison (called the CDP: Centro de Detención Provisional), but in practice this is not always enforced. You can be held at the CDP for a longer period as this depends on availability in spaces in main prisons, and in theory once you have been sentenced.

For general offences

Men

Guayaquil

The ‘Regional Guayaquil male prison” (Centro Penitenciario Zonal 8 Guayas), segregates prisoners within the standard social rehabilitation guidelines (high, medium and low security wings). As other regional prisons, it is managed under a prison regime with more security regulations and restrictions.

Cotopaxi

Regional prison located in Latacunga, in the south of Ecuador, about 1.5 hours from Quito. This accommodates all those detainees (men and women) who were serving their sentences in Quito and other provinces located in the north-centre Andean area. It has 3 pavilions, and each one is composed by 6 wings. Its maximum capacity is for 4,800 inmates.

Azuay

Regional prison, located in Cuenca, in the south of Ecuador, about 7 hours’ drive from Quito or 45 minutes flight. This regional prison, opened on 18 November 2014, accommodates all those detainees (men and women) currently serving their sentences in Cuenca and other provinces located in the south-centre Andean area and Amazon region. This prison has capacity for 2,700 inmates

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?

According to the law, the remand period for non-flagrant offences, in which the state prosecutor leads the formal investigation of your case (‘instrucción fiscal̕’), should not exceed 90 days. It usually involves a 30 days investigation period. However, the state prosecutor can request an extension to complete the investigation, In the event of evidence arising to indicate that other people are involved in the case; an extension of 30 more days can be granted. The maximum period legally permitted is 120 days.

During the preliminary investigation phase, you can submit some certificates from the UK, stating your good behaviour through the confirmation of no police records and employment/education certificates, if applicable. These certificates can be taken as ‘atenuantes’ which means favouring for a lower sentence. All certificates must be legalised (‘apostille’) back in the country they were issued and translated into Spanish to enable legal validity in Ecuador.

There will be various judicial hearing stages depending on the progress of the investigation and preliminary resolutions: In flagrant offences, the first public hearings merge - the (flagrant hearing (‘audiencia de calificación de flagrancia̕’) and the one for pressing charges if there is enough evidence for a judicial case investigation (‘audiencia de formulación de cargos’). Following this process, a formal investigation phase starts (‘instrucción fiscal’), leading to a preparatory court hearing (‘audiencia evaluatoria y preparatoria de juicio̕’), to determine if a trial is required, which will end with a final court hearing (‘audiencia de juzgamiento̕’).

Time served on remand will be counted as part of your sentence.

Under Article 77.9 of the Constitution of Ecuador, the maximum remand prison period is six months. The Ecuadorean Criminal Integral Organic Code (COIP) states the following:

• Within criminal offences with less than five years sentence, a temporary detention cannot exceed six (6) months.* * Within criminal offences with more than five years sentence, a maximum one (1) year temporary detention, meaning that a sentence should be issued within this period.

Once you reach the maximum remand, in principle you may be entitled to be released but the investigation will continue.

In principle, foreign inmates are released by restriction order and cannot leave the country until the trial is over. Therefore, the Immigration authorities will be notified.

What happens when I am charged?

You and your lawyer will be notified immediately once the public prosecutor has made their judgement. According to the law, a preliminary hearing (‘evaluatoria y preparatoria de juicio’) before a judge should take place within 10 days of the judgement. All relevant evidence for a trial must be presented during this hearing. If the state prosecutor’s accusation and trial request is ratified by the Judge, a trial will begin before a criminal court (‘tribunal’)., Immediately after the court hearing (‘audiencia de juzgamiento’), the judge should announce her/his final decision.

A maximum delay of 72 hours is permitted before the Judge announces her/his verdict. In practice, this does not always happen (it is often much longer).

What provision is there for bail?

The right to bail is not always granted. According to Article 544 of the Criminal Integral Organic Code (COIP), bail will be denied under the below circumstances:

• In crimes where victims are children or adolescents, disabled or elderly people.
• In crimes whose maximum prison sentence is greater than five years.
• When the prosecuted person for any reason causes the execution of the bail.
• In crimes of violence against women or immediate family members.
• When the alleged offender has been previously convicted for a crime against the same protected legal right.

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

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 [https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers?country=Ecuador] 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.

Consular staff cannot give legal advice. You can hire a lawyer for yourself at any time after your arrest; a list of lawyers for Quito, Guayaquil and Cuenca is included in this information pack. Normally, if you hire a private lawyer they will ask for a cash advance on their estimated legal fees before they take on your case. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

If you cannot afford a private lawyer you can apply at any time for a public lawyer. The Court must appoint a Legal Aid/Pro Bono Lawyer (Public Defendant) if you do not have funds to hire a private lawyer and you are charged with a felony. Pubic Defendants (‘Defensor Público’) are free of charge but they rarely speak English and their ability varies due to caseload.

However, they have provided a relatively efficient service and the number of defendants has increased further. They usually visit most prisons on a weekly basis, in case prisoners need their services. At regional prisons, Public Defendant lawyers (‘Defensoría Pública’) have been provided with a small office for more regular contact with their customers.

As in any country, some lawyers are better than others (paying a large fee does not guarantee that you will get a good lawyer). Once a lawyer is identified, ensure to get his/her full name and a business card. If you do decide to pay for a lawyer, it is wise to agree a flat fee for the whole case before they begin work or you may find yourself facing “extra expenses”. Make sure also to get a receipt of any payment and a commitment to keep you informed about the stage of your case, by providing you with copies of the judicial process.

Advice from ex-prisoners is to talk to other prisoners when appointing a lawyer, as they often know which lawyers to avoid and what hidden costs there might be.

What happens at the trial?

There is no jury system in Ecuador. Trials are heard by the judge, the court (usually made up of three legal representatives), and the secretary of the tribunal (court), the state prosecutor, the lawyer, the accused and the translator/interpreter. It is compulsory that all the above are present at the court hearing, otherwise it will be postponed.

All documents related to a case and further evidence must be submitted to the president of the court. The trial will be heard in Spanish. As a foreign national, whose first language is not Spanish, the Court is responsible for arranging in advance the appointment of an official interpreter (‘perito intérprete/traductor’). Consular staff cannot act as interpreters.

Sentences

A new Integral Organic Criminal Code (COIP) came into effect on 10 August 2014, with a further reform in 2019.

After the court hearing, the secretary of the court gives a sentence. Should you consider pertinent, you may then appeal any decision with the help of your lawyer or public defendant.

In certain cases, including drug offences, you may be eligible for the ‘proceso abreviado’ (abbreviated process) meaning a much quicker trial and with a maximum 50% reduction of a sentence. This usually applies to crimes involving a sentence below 5 years, thus smaller drug quantities (minimum-medium scale) and only when pleading guilty.

A maximum of 2 grams of cocaine paste is allowed for personal consumption. Anything over this amount is considered an offence and therefore can lead to charges:

A reform on the former Law on Narcotics Control and the new 2014 Criminal Organic Integral Code (COIP) was linked to a new drugs offence sentence table, published in August 2014, which provides consistent charges. ‘Artículo 220 COIP – Categorización para el tráfico ilícito de drogas’ (drug trafficking classification table – based on the type of traffic and offence and the type of drug (heroin, cocaine, cocaine paste, marihuana, MDA, ecstasy, etc.). The aim of this reference table, which was abolished in November 2023, was to differentiate a drug consumer from a trafficker.

For homicide offences

From our understanding, offences related to homicide or murder also involve an order to pay an administrative fine and a compensation fee (‘reparación integral’).

How can appeals be made?

The accused has the right to appeal his/her sentence to the Provincial Court of Justice through the lawyers. However, in principle all appeal processes are very slow and can lead to delays in finalising a sentence.

There are further ‘appeals’ and ‘casación’ and finally the ‘revision’ (revision), the last two before the National Court of Justice which can be just as slow.

In spite of the fact that the new criminal code (COIP) is not retroactive, prisoners already sentenced may have the chance to ask for a ‘recurso de revisión’ (appeal for review) aiming to have their sentences reduced in accordance to the new regulations, given that there is a ‘most favourable’ article in place. This article states that ‘when two laws are in conflict and imply different sanctions for the same crime, the most favourable sanction will be applied’. Therefore, if you were sentenced under the old law before the introduction of the COIP, your sentence may be reduced in line with the new COIP regulations, if they are more favourable to you.

Under the new criminal code, all sentences will be revised by the ‘Juzgados de Garantías Penitenciarios’ from the location where prisoners are serving their sentences. Following a hearing, the judge will apply the ‘principio de favorabilidad’ which aims to reduce the original sentence by applying the most favourable rules.

Reaching the end of your sentence

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

The ‘proceso abreviado’ (abbreviated process) may imply a maximum 50% reduction of a sentence when pleading guilty at the beginning of a trial. This usually applies to crimes involving a sentence under 5 years, through a much quicker trial process.

A former remission scheme to reduce sentences by up to 50%, based on prisoner good behaviour and participation in the prison activities and in educational programmes, was removed with the new criminal code (COIP – 10 August 2014). This reduction scheme was not a straightforward benefit as prisoners have to earn it through “merits” – ‘Sistema de rebajas por méritos’.

The new COIP code does not establish any remission for good conduct or any other reason given that all prisoners are expected to follow the prison regulations and to comply with their individual social rehabilitation plans. However, during a transitory period other prison benefits have been implemented (see below).

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

The new prison benefits schemes are the following ones:

A. Once prisoners have completed 60% of their sentence they can apply for ‘Régimen Semi-Abierto̕ (conditioned release) which is very much like parole. Once this benefit is granted, the prisoner needs to present himself or herself at least once a week, to sign their benefit scheme record.

This is subject to the following conditions and requirements:

• prison director’s certificate stating that the prisoner has already served 60% of the sentence under a low security prison level;

• prison assessment reports, stating the prisoner passed 3 last co-living assessment qualifications and the compliance of the sentence individual plan, in other words that the prisoner has obtained the points for high engagement in prison activities (educational, conduct, health and labour);

• prison director´s certificate stating that no serious faults/contraventions have been committed by the prisoner;

• documents to show evidence of accommodation and a job contract, usually through notarised sworn declarations (‘declaración juramentada’)

The prison’s diagnosis and evaluation department is responsible for liaising any applications for benefits. You will have to submit an official petition addressed to the prison director, to be included into your file. Following an initial assessment process and the prison director’s agreement, your file will be sent to the National Prison Service (SNAI) headquarters in Quito for their Specialised Commission to assess your file and for a provisional decision before sending it for the consideration of the relevant court judge in charge of your judicial case. The judge will make an official final decision.

You do not need a private lawyer or a public defendant to apply for this benefit.

Repeat offenders are not entitled to this benefit scheme.

B. Once prisoners have completed 80% of their sentence they can apply for ‘Régimen Abierto’ (early release), aimed to achieve prisoners’ social inclusion into the community, through the supervision of a Specialised Commission:

• official certificate, issued by the technical team, stating that the ‘régimen semi-abierto̕ was successfully completed
• formal documents as evidence of productive activity and/or paid social benefit work. The social work department will be responsible for verifying and following this process
• social work certificate regarding the accommodation inspection
• the prison director is in charge of the assessment and clearance process of this benefit, through the diagnosis and evaluation department, in which the District Prosecutor will be responsible for resolving the petition

In both benefits, prisoners will be prohibited to leave the country.

A British prisoner out of prison on “conditioned freedom” (parole) or “early release” benefits will no longer be entitled to money from Prisoners Abroad. In addition, consular staff from the British Embassy will not be able to pass on ‘prison comforts’ (e.g. money that family has sent) and will no longer visit.

If a British prisoner has one of the above benefits in progress, the UK authorities will not consider the Prisoners Transfer Agreement (PTA) any further as PTA are for transfer from custody to custody only. Prisoners must be serving a custodial sentence with a minimum of 6 months remaining for PTAs to be considered by the UK.

What provision is there for clemency or pardon?

Application for amnesty or pardon may be made to the President of the National Assembly. However, only the President of Ecuador can grant pardon. However, those convicted of crimes such as torture, terrorism, and ‘heinous crimes’ including aggravated homicide, aggravated rape and robbery resulting in death are not eligible for amnesty/pardon.

It may be possible to apply for clemency only on medical/humanitarian grounds and if a prisoner falls terminally ill whilst in prison in Ecuador. From our understanding this is a long process, and potentially through the involvement and clearance from senior officials from Ecuador and possibly from the UK. Otherwise, terminally ill prisoners may be able to apply directly to the Ecuadorean National Prison Service, which may be quicker to arrange, but uncertain on the specific conditions.

What about any financial penalties?

The former Narcotics Control Law, run by CONSEP (National Council for the Control of Narcotics Substances, and subsequently known as “Technical Secretariat for Drug Integral Prevention”), states that for drug trafficking, drug possession or transport offences, imprisonment will be imposed with an extra financial fine of between 60 to 8000 local minimum salaries (a minimum wage in Ecuador).

In spite of the fact that the new criminal organic code (COIP) does not state that an administrative fine will be waived automatically, the waiving of a drug sentence fine can be granted only for repatriation purposes, through the National Prison Service (see, Prisoner Transfer Agreement chapter).

Sentences related to homicide/murder offences usually come together with an administrative fine and a financial compensation payment in favour of the victim´s family. These payments cannot be waived under any circumstance.

Is transfer to another prison within Ecuador possible?

Yes, if the Ecuadorean National Prison Service (SNAI’s Social Rehabilitation Under-Secretary) and local prison directors authorise the transfer. If you have been convicted you will be allocated to a prison to serve your sentence, you will not be able to choose.

In principle, transfers to other prisons are only permitted when there are exceptional compassionate, medical or safety reasons for doing so. If you are interested in a transfer, please speak to the British Embassy. If required, the British Embassy may be able to raise a request in writing, on your behalf, with the prison authorities. However, it will be up to them to decide whether an official request is feasible for a transfer and which prison to place you in.

Is transfer to the UK a possibility?

Yes, if all parties agree. Ecuador ratified the Strasbourg Convention under which prisoner transfers are possible to the UK.

The convention came into force on 1 November 2005. In 2009, the former Ministry of Justice and Human Rights was appointed to process transfer requests. As of January 2019, the Ecuadorean National Prison Service’s legal department is responsible for processing any applications.

To transfer, you must:

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

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

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

Include detail of how to submit a request / who to submit a request to in Ecuador.

Local requirements under the Strasbourg prisoners transfer agreement

• prisoner needs to have been sentenced: judgement must be final and enforceable
• prisoner’s consent for application (in writing and in Spanish)
• prisoner’s Nationality to be certified (either through passport or through a notarised certificate)
• certificate submitted by the Director of the prison stating how long has the prisoner been detained and how much more of his sentence remains to be served. Any benefit granted would need also to be taken into account
• further medical, psychological, social, educational and legal certificates issued by the prison
• with a (drug offence) sentence, a fine is also imposed. The fine can only be waived if you are applying for repatriation
• to bear in mind that if your sentence has been appealed and the appeal is still in process, you cannot yet apply for transfer. The sentence has to be completely confirmed, which means no outstanding fines or other non-custodial penalties, criminal proceedings and/or appeal procedures
• all documents to be submitted to the Ecuadorean National Prison Service (SNAI)
• SNAI will issue a certified copy of the process, together with their approval and the Ministry of Foreign Affairs and Human Mobility’s official agreement note
• once the petition is authorised, an official notification will be submitted to the British Embassy, to the Director of the prison and to Interpol’s Office
• the British Embassy will forward all related documents and the official authorisation from the Ecuadorean government to the UK authorities for their consideration and transfer acceptance
• the Ecuadorean Interpol Police will escort the prisoner to the international airport for an official handover to the British police

To find out more about transfers to the UK

In prison abroad: transfer to a UK prison

What are the procedures for release and deportation?

Once a sentence has been served, a release warrant (‘boleta de excarcelación’) will be issued by the relevant Criminal Court. The Director of the Prison will submit the order to the ‘Juez de Contravenciones’, who is responsible for arranging a deportation hearing. In theory, prisoners are not allowed to stay in Ecuador after release. However, the deportation hearing is meant to authorise or refuse a request for deportation. At this stage, the prisoner (and/or lawyer) could present a bid to remain in Ecuador, usually on humanitarian grounds (if family links, especially a child – ‘prueba de arraigo’). If a released prisoner is formally allowed to remain in Ecuador, they will be granted 90 days to legalise their immigration status.

The ‘Human Mobility Organic Law’ reform of 6 February 2017, states that deportations are no longer penalised with a detention. A deportation regulation involvesa process and cautionary actions. The Ministry of Interior and the Immigration Under-Secretary are responsible for this specific policy. There may be an ‘expulsion’ separate process for these cases. From our understanding, released foreign prisoners will have 30 days to leave the country at their own expense. Although there is no set control system, if someone has overstayed and is stopped by immigration officials, they will be requested to pay a fine for not having complied with the immigration rules.

Given that prisoners should have a passport and air ticket before arranging deportation/expulsion, they may often need any remaining Prisoners Abroad funds (if applicable) or funds from family/friends in order to cover their immediate food and accommodation costs in Ecuador before they can fly home. If this applies to you, we recommend you to think ahead of how you will cover the cost of your plane ticket once you are released.

Following a deportation/expulsion process, all foreigners who have served a sentence in Ecuador will not be allowed to return to Ecuador within 5 years.

Some people find it difficult to adjust to life in the UK once they have left prison abroad. You may find yourself ready for life on the outside but not necessarily for living in the UK. It may be the case that you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. It can be useful to talk to someone who understands what you are going through and can guide you through the next steps.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, take a shower, use their temporary luggage storage, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help you with basic toiletries and find suitable clothing. If you know your release date in advance it is best to contact your caseworker and inform them of 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 are 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.

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

 

Annexes

1. List of English-speaking lawyers https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers?country=Ecuador

2. List of private translators/interpreters https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/translators-interpreters?country=ecuador

3. FCDO leaflet: Support for British Nationals Abroad https://www.gov.uk/government/collections/support-for-british-nationals-abroad

4. 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

5. Prisoners Abroad Webpage: www.prisonersabroad.org.uk

6. Prisoners Abroad Authorisation Form

7. Prisoners Abroad Family Contact Form

8. Prisoners Abroad CFF Form

Find a Glossary of Terms attached for your convenience.