Guidance

Eswatini: prisoner pack

Updated 24 January 2022

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. See a list of local lawyers for independent legal advice.

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you, but they cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This detention information pack is designed to give you, and your family and friends, information about the local system in Eswatini and who can help. A printed copy is provided to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

1. Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British High Commission (and must do so if you want them to). Please note that consular assistance for British Nationals in Eswatini is provided by the British High Commission in Pretoria
• 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 High Commission, Pretoria on +27 12 421 7500 or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the High Commission 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.

2. 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 High Commission in Pretoria provides consular support to British nationals in Eswatini.

British High Commission Pretoria
255 Hill Street
Arcadia
Pretoria
Gauteng
0002
South Africa

24/7 Telephone - General and consular enquiries +27(0)12 421 7500

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 +44 (0) 20 7008 5000.

3. 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 Eswatini, the authorities will only notify the British High Commission of your arrest if you have committed certain offences (rape, murder, treason and robbery an offence stated in the fourth and fifth schedule of the Criminal Procedure and Evidence Act of 1938 CP&E. In these cases, the Commissioner of Police will write a fully detailed letter to the High Commissioner and advise him of the detainee’s arrest and charge – please note that this process may take some time.

For other offences, the authorities are not obliged to notify the High Commission. You may wish to ask the authorities to call us, or have your lawyer, friend or family member contact us on your behalf.

Once we are notified, we aim to contact you as soon as possible. How quickly we can contact you will depend on how quickly we can get permission from the Eswatini authorities to speak with you.

We can also:

• provide a list of local English-speaking lawyers
• provide general information about the country, detention conditions, and the local legal system
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/ letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad.
• in some circumstances, 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 are not available, we can also pass on messages and deliver letters to the prison
• generally, we cannot arrange for delivery directly to you

4. What we can’t do

What we can’t do is:

• 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

1. Can you / will you tell my family?

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

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

2. Will the UK police be informed?

If you are accused of certain serious offences, such as sexual assault or drug 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 Eswatini.

3. 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. We can give you 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.

4. Can you get me out?

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However, if you are not treated in line with internationally accepted standards, we will consider whether to approach local authorities.

This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

5. Who else can help me?

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

Chapter 2: Detention conditions in Eswatini

Visits – friends and family

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

Currently visits are not allowed due to COVID-19 restrictions, except for lawyers and consular representatives. Prior to COVID-19, visits were scheduled on Saturday, Sunday and holidays for convicted prisoners and every day for those on remand.

Anyone is allowed to visit – up to two people per visit. There is no special arrangement for visits, visitors just need to show up on scheduled days, produce identification and complete the visitors form requesting whom they would like to see. We have been told that this applies across all Eswatini correctional centres.

2. What can visitors expect?

Visitors can expect to be searched upon arrival and they will have to present identification. Visits usually take place in the visitor’s room behind a partition screen and last about 15 minutes. Visits tend to take place as planned.

There are no vending machines in prison, only a tuck shop. Visits are always supervised at all times and the contents of the conversation are noted by prison officials.

3. What can visitors bring?

Visitors are not allowed to bring in food items unless it is purchased from the tuck shop. It is possible to bring clothes into prison for people who are on remand. A request must be made in advance, which would need to be approved by the officer in charge before the clothes are brought.

4. Visits – Consular staff

Please note that consular assistance is normally provided by the High Commission in Pretoria. We may travel to you to visit ourselves, or we may ask our Honorary Consul based in Mbabane to visit on our behalf. Consular staff are allowed to visit when necessary.

Detainees can request a consular visit by informing one of the rehabilitation officers. The High Commission will have to put in a formal request to visit a detainee, which may take a couple of days. Correctional centres allow consular staff to contact detainees telephonically but prefer in-person visits.

5. Emergency trips outside of prison

It is not possible to make a trip outside of prison in the event of an emergency.

Police custody and initial arrival at prison

1. Arrival at the police station & basic rights

After your arrest, you will be brought to the police station where you are formally charged. You are informed of your right to remain silent and that any information you provide may be used in court. Police take fingerprints, photographs and detain you in a cell.

All personal belongings, including money, will be kept in a detainee property box in the police station until they are transferred to the local remand centre. A list of all personal belongings is recorded in a form, and the detainee will receive a copy.

Any money in excess of hundred emalangeni (E100) and other valuables will be kept in the Station Commander’s safe and recorded accordingly. You may use your own money to purchase food and the amount required will be recorded and signed off.

You have a right to a phone call, including international calls during prison staff working hours. You will have access to food, water and medical treatment. Sick and injured detainees are taken to government hospitals or clinics. Private doctors may be called if you have means to pay.

You will be informed of the reason for your arrest or detention in a language you understand. All police officers are fluent in Eswatini’s official languages (siSwati and English). If you do not understand the language used, you will be provided with an interpreter free of charge (provided by the Eswatini authorities).

Eswatini law says that you should be brought before court within 48 hours and not be detained into police custody for longer a period than is reasonable, whether or not the police investigation is finalised.

You can insist on seeking legal representation before answering questions or making a statement. It is your constitutional right to request a legal representative, to notify next of kin and contact their personal doctor. You should never sign anything you do not understand.

2. Appearance at court

The law states that you must be brought before court within 48 hours of your arrest/ detention. Depending on circumstances, you may appear in court immediately after being charged. If the 48 hours expires outside ordinary court hours or court days, the accused must be brought before court no later than the end of the first following court day.

The court will ask you which language you understand. The official languages in Eswatini are siSwati and English; however, court proceedings take place in English. If you do not understand either of the official languages, an interpreter will be brought to assist. Lawyers are required to speak in English in court.

The court will ask if you will defend yourself or will require the services of an attorney. The court will enquire if you need time to acquire one. You can appoint a lawyer for yourself at your own expense or you can represent yourself. There is no provision in Eswatini’s law for legal aid. However, the Government of Eswatini has told us that it provides legal aid to those charged with crimes that may attract capital punishment.

3. Initial arrival at the prison

Currently, due to COVID-19 restrictions, detainees are placed in quarantine for 2 weeks and thereafter, they are assigned their housing cell.

You will be searched and documented on arrival. Your valuables put in a bag which is sealed and has your name tagged on them. This bag is stored in the officer-in-charge safe and is not opened until your release.

You can purchase a phone card and make a call. Calls can be made internationally. In the event you lack funds, social workers provide some help through their coffers. Upon arrival at the reception area, a nurse will perform a medical assessment on you.

You should make the nurse aware of any pre-existing health conditions, and any medications you take regularly. The nurse is responsible for ensuring you have your medication. Additionally, the rehabilitation officers will register any other immediate needs that need to be attended.

You can wear your own clothes while on remand. After conviction and sentencing, you must wear the uniform provided by the correctional centre. Sentenced prisoners and those on remand are kept separately.

Prison: conditions and daily life

1. Accommodation

All the cells have natural light. The majority of cells are shared with a few single ones. Overcrowding is a common problem across all Eswatini’s correctional facilities. Numbers vary anywhere between 20-45 people per cell.

Cells have bunk beds. Each inmate is provided with a mattress and a few blankets. Each cell has shared toilets, hand basins, showers, running water and electricity. Most cells also have a TV.

2. Food and Diet

The authorities have not provided us with any information about the diet on offer in Eswatini’s prisons. In other prisons in the region, a basic diet is served every day and provided free by the Government. The food, which is prepared by other inmates, is a combination from various food groups, but may not be very palatable or nutritional.

You may find that you need funds to supplement your diet by purchasing items from the prison shop or getting items brought in by family or friends from outside. Vegetarian meals can be provided on request, but again, you may find that supplements are needed and these may have to be authorised by the prison doctor as a health requirement.

3. Hygiene

There is no limit on how many times a week prisoners can shower/ bathe. Shower/ bathing facilities are communal, they are in good condition as the occupants of the cells hold the responsibility to keep it clean at all times.

Inmates are allowed to buy toiletries at the prison tuck shop. In cases where an inmate lacks funds to purchase toiletries, the correctional centres will try to provide them from donations they receive.

4. Work and study

Work is compulsory. Working hours are Monday to Friday from 08h00 to 13h00. The type of work available is prison maintenance - cleaning, gardening and building. Inmates used to get paid for their work but currently the Government of Eswatini does not allocate any funds for this purpose.

The correctional centres offer courses and study books. We have been advised that prison libraries will have some books in English. Inmates can also study for qualifications while serving their sentence and arrangements for postal studies are permitted.

Inmates are allowed to order books and magazines from outside the correctional centre. Local language materials like textbooks and dictionaries can be ordered through the post from Prisoners Abroad.

5. Contact and languages

Contact with other inmates is not restricted. Prisoners are likely to be put in a cell with other English-speaking inmates. Guards and officers usually speak English and language classes are provided for inmates who might need them.

Prisoners have access to the correctional centre telephones to make calls, but they are not allowed to keep their own phones. Should they require, they can also have access to writing materials.

There is no internet access available. Inmates can watch TV and take part in social and cultural activities organised by the correctional centre. Participation in such events is seen positively by the prison authorities and reflected accordingly in the prisoner’s record.

6. Exercise

Prisoners are permitted to go outdoors every day. Exercise facilities are very limited, mostly only a soccer pitch.

7. Climate

The climate is hot and humid in summer. Temperature can reach 25 to 30 degrees Celsius. Winters are cold and dry with temperatures dropping below 10 degrees Celsius. The correctional centres provide appropriate clothing for the weather.

8. Religion

Prisoners can take part in religious services of their choice. They have the right to receive visits from a priest, rabbi or minister of their faith. Correctional centres have chaplains who facilitate religious activities.

9. Rules and regulations (including drugs)

Upon admission, prisoners attend orientation about rules and regulations of the correctional centre.

Some forms of sanction/ punishment are applied for bad behaviour. These include loss of privilege, loss of remission and exclusion from social activities.

Prisoners are expected to show respect to prison officers and obey the rules. Insulting and abusive behaviour toward prison staff is initially classified as minor offence and will be reprimanded. Recurrent abusive behaviour after reprimand will be considered a more serious offence. Prisoners are encouraged to good behaviour by earning rewards through classification and privilege systems.

Drugs are prevalent in Eswatini’s correctional centres and prisoners are not routinely tested for drug use. However, using and possessing drugs will result in punishment such as loss of privilege, loss of remission and exclusion from association. As drugs are not widely used in Eswatini’s correctional centres, the most common source of infectious diseases is illegal tattooing.

Prison: access to help and services

1. How can I receive money?

There are 2 ways in which you may be able to receive financial assistance while in prison.

1. Private Funds: deposited to you by your family or friends. See Annex for instructions on how to send funds.
2. 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.

2. Private funds

Family and friends can send money for prison comforts through the correctional centre - a mobile money system is normally operated by the cash office. But if a prisoner a bank account, the prison can facilitate a withdrawal on their behalf.

3. 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. Prisoners in Eswatini are eligible for the Craig Feehan Fund to purchase essentials such as food, water, clothing, bedding and toiletries. The medical fund is also available for essential medical and dental treatment where this is not provided by prison authorities.

4. Can I receive medical and dental treatment?

While you are in detention, Eswatini is responsible for ensuring your basic medical needs are met. Basic healthcare is available in Eswatini, but there are shortages of even common medications.

Each correctional centre in Eswatini has a clinic with a doctor and nurses, available to prisoners 24/7. Dental treatment is not provided.

Detainees have access to the clinic during the day when they need it. In emergencies, a nurse will assess them first and refer to the doctor if necessary. At night-time, detainees must request a night guard to contact the nurses. If detainees need specialist treatment, they are transferred to external hospitals. Detainees are allowed to access private health care if they have medical aid or can pay themselves.

Detainees receive their medication free of charge. Medication can often be out of stock, but detainees are allowed to use their medical aid for access to medication.

We have been told that detainees may seek access to mental health services. They are referred to the National Psychiatric Centre. In some cases, depending on the seriousness of the issue, they may be transferred to a dedicated mental health centre for prisoners.

Glasses for detainees are allowed through medical prescription.

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.

5. Mail/ Parcels

Detainees are allowed to receive mail and parcels. Prison authorities may open and censor a prisoner’s mail. There is also a limit on the number of parcels/ letters a prisoner may receive.

Guards are not paid to receive parcels or mail for prisoners. Senders should avoid including certain items in their letters/ parcels such as toiletries and food items – these are sold at the prison tuck shop. Cigarettes and alcohol are prohibited.

Detainees may receive letters, postcards, clothing and shoes (new) which are inspected by correctional officers upon arrival. They can also receive money by mail up to a maximum of E500, which is safeguarded by the reception officer. For an amount exceeding E500, a special request may be forwarded to the officer in charge of the prison.

Detainees are not required to pay for stamps. The sender should address letters or parcels with the full name, surname, and prison number of the detainee.

6. Can I make telephone calls?

Detainees are allowed to make telephone calls for up to 20 minutes. Prepaid telephone cards are required to make calls and can be purchased at the prison shop. Detainees need to approach the guards directly when they wish to make a phone call.

The phone numbers are registered, and calls are recorded and listened to. Those on remand can make telephone calls every day, for sentenced and convicted prisoners only on weekends.

Mobile phones are not allowed.

7. How can I make a complaint about mistreatment?

A prisoner can lodge a complaint to a correctional officer on duty, who will record it into a request book. The operations officer and welfare officer review and discuss the complaint with the prisoner. Complaints can be escalated to the officer in charge of the prison, if the prisoner does not wish to discuss with operation and welfare officers.

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.

Chapter 3: The Kingdom of Eswatini’s judicial system

Overview and first steps

1. Is the system the same as the UK?

Eswatini operates a dual legal system. It has common law, based on a western model and customary law, based on Swazi law. The country’s judiciary consists of 5 different courts:

• Supreme: this is the final court of appeal on all matters. It has a supervisory and review jurisdiction over all the courts of Eswatini
• High: located in Mbabane, The High Court has unlimited original jurisdiction in civil and criminal matters and deals with more serious offences such as murder, rape and armed robbery that may carry severe penalties
• Industrial: deals exclusively with industrial and labour matters
• Magistrates: deals with less serious civil and criminal offences
• Swazi: has jurisdiction on matters of customary law and hear cases against Swazi people and not foreign nationals. Legal representation is not allowed in proceedings of these courts

The main stages of the prosecution of offences are:

1. First appearance: The court will put the charges to the detainee. They will inform the accused of their right to legal representation and enquire whether they are going to represent themselves or they want to hire an attorney. Applications for bail also take place at this stage. Matters are then postponed for allocation of trial dates.
2. Trial: During the trial, the prosecution makes their case, then defendants make their case. The presiding officer issues a guilty or not guilty verdict. Prosecution presents any extenuating factors, and the defence mitigates for leniency in the sentence. Finally, the presiding officer metes out the sentence.

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.

2. What should happen when I am arrested?

A detainee will be informed of the reason for their arrest or detention in a language they understand. All police officers are fluent in Eswatini’s official languages (Siswati and English). If the arrested person does not understand the language used, he will be provided with an interpreter.

The arrested person has a right to a phone call, including international calls during working hours. They can use this call to contact The British High Commission. The authorities are not obliged to inform us of an arrest or detention unless the offence is very serious and may carry capital punishment.

An arrested person should be brought before court within 48 hours and not be detained into police custody for a longer period than is reasonable, whether or not the police investigation is finalised.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. See a list of local English-speaking lawyers.

3. For how long can I be remanded in custody?

Eswatini authorities have told us that after the first appearance at court, the detainee is remanded until their trial. The law states that if a trial date is not allocated after 31 days, the detainee must be brought to trial on the next court session; however, we have no anecdotal information to confirm that this is the case in practice.

Remanded prisoners are kept at a remand centre or at a correctional centre. Prisoners on remand will have some more privileges that sentenced inmates, such as daily access to phone calls, they will also wear their own clothes.

4. What happens when I am charged?

After charges are put to the detainee during first court appearance, the prosecutor informs the accused of their right to legal representation and enquires whether they are going to represent themselves or they want to hire an attorney. Applications for bail also take place during first court appearance.

5. What provision is there for bail?

All detainees have the right to apply for bail before a magistrate. There are no exceptions to this right. The decision on granting or refusing bail will depend on the circumstances of the case. Each case is treated on its own merits and foreign nationals have the same treatment as a Swazi national.

Where bail is granted, the court will consider the circumstances of the accused, nature of the crime and any other merits before setting the amount of bail payment. The accused deposits their bail payment with the Government Revenue for the duration of the trial. Depending on the result of the trial, the money will either be refunded to the accused or be used to cover a fine imposed as part of a sentence.

Bail conditions might include:

• non-interference with state witnesses
• reporting to the nearest police station periodically
• informing the police of any change of residence
• surrendering the accused’s passport to the police
• not exiting the country without authorities’ approval

If the accused fails to adhere to these conditions, the bail will be revoked and the accused will be detained in custody.

Bail conditions cannot be removed but they may be changed on application to court, either by the accused personally or through their attorney. If bail was refused, the accused can take the matter up for appeal to a superior court of law.

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

Trial and legal assistance

1. What kind of legal assistance is available?

If you wish to hire a private lawyer, you can select one from this list of English-speaking lawyers. Private lawyers will normally request cash in advance on estimated legal fees (which may be high) before they take your case on. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

There is no provision in Eswatini’s law for legal aid. However, the Government of Eswatini provides legal aid to those charged with crimes that may attract capital punishment. If you do not have funds available to pay for legal representation, the court will allow you to represent yourself.

2. What happens at the trial?

In Eswatini, trials are structured in 6 stages:

1. Pleading: Charges are put to the accused person, who must plead guilty or not guilty. If the accused pleads not guilty, the prosecutor will open the crowns case. If they plead guilty, they are found guilty as per their own plea and have an opportunity to voice mitigating factors for the court to consider before sentencing. An accused person may not plead guilty to the charges of murder and treason.
2. Crowns Case: The trial progresses to this stage if the accused pleads not guilty. The prosecutor gives evidence to prove the accused person is culpable. Witnesses are called to present their evidence and be questioned by the defence.
3. Defence Case: The defence will give a summary of their evidence and call their witnesses for examination by the prosecution.
4. Submissions Stage: Both prosecution and defence make legal submissions on how the evidence proves their case and request the court to rule in their favour.
5. Judgement Stage: The presiding officer makes his ruling and provides reasons for it.
6. Sentencing Stage: The presiding officer imposes a sentence based on his ruling and findings.

The law states the court should aim to set a trial date within 30 days of first appearance, if a date is not allocated after 31 days, the detainee must be brought to trial on the next court session. Court sessions lasts 3 months, then go to recess for 1 month before they start again.

3. Sentences

Sentences are given by the magistrate/ judge in accordance within the remit of the respective court i.e., magistrates court, high court etc. We have been told that the general principle in the law is that the punishment must fit the criminal and the crime, so personal circumstances of the accused are taken into consideration when assessing an appropriate sentence.

Plea bargaining may be possible, depending on the nature of the case. A lawyer will be able to advise you on this matter

Eswatini has the death penalty for murder and treason and whilst there are a few prisoners held pending execution, no executions have taken place since 1984.

4. How can appeals be made?

In some cases it may be possible to appeal and review a conviction and sentence. However, leave to appeal is required. If you wish to appeal the decision of a Magistrate Court, you must request leave to appeal from that court.

If this is not granted, you may apply for leave to appeal directly from the High Court. If you wish to appeal a High Court decision, leave to appeal must be granted either from the High court or, failing that, directly from the Supreme Court of Appeals.

A higher court can also be used for a review if you believe proceedings have been unfair or irregular. In certain circumstances, a review is automatic, but in others, you must request a review yourself. You should confirm how your case will be handled with your legal representative.

Reaching the end of your sentence

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

The court can suspend a sentence for non-serious offences for up to 3 years. Where this occurs, the offender is released on some conditions that may include financial compensation, good conduct and appear at court when summoned. If at the end of 3 years the offender has observed all conditions, the court may discharge them without passing sentence.

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

Conditions for early release include demonstration of good behaviour and conduct showing remorsefulness. As a general rule, if you have served more than half of your sentence and have a record of good behaviour while in prison, you may be released on parole. For life sentences, longer periods apply. A prisoner may also be eligible for parole on medical grounds.

3. What provision is there for clemency or pardon?

The first is known as Royal Pardon. The King has power to exercise a prerogative of mercy of any criminal offence, to either free inmates or reduce their sentences. This is ordinarily exercised by His Majesty on occasions which he deems special, such as the nation’s anniversary of independence. It is also possible for inmates to make individual applications for a royal pardon, which is evaluated by an appointed committee.

4. What about any financial penalties?

It is within the discretion of the court to impose fines – either as an alternative or in addition to a sentence of imprisonment. Fines are often imposed for smaller, first time offences and suspended sentences.

5. Is transfer to another prison within Eswatini possible?

It is possible that the Department of Correctional Services may allocate you a prison closest to your resident family. However, this will also depend on whether the desired facility is equipped to detain you in accordance with the category of your sentence i.e., maximum, medium etc.

If you do not have family residing in Eswatini, it is likely that you will be placed in a facility that has space to accommodate you. In order for a transfer application to be approved, there will usually have to be a prisoner from your desired facility who is willing to swap.

6. Is transfer to the UK a possibility?

The Transfer of Convicted Offenders Act, 2001 provides for the transfer of an already convicted offender to an administering country (so called, as it wishes to administer the sentence of a prison term imposed by a court in Eswatini) that requests such a transfer.

To transfer, you must:

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

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland. The authorities in the sentencing country may refuse your request. You should be aware that even if the sentencing State agrees to your transfer, then the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family residents there.

To find out more about transfers to the UK, read In prison abroad: transfer to a UK prison

7. What are the procedures for release and deportation?

If you have been issued with a warrant for deportation, the local authorities will process a flight ticket for you at their expense and on your release date, you will be transferred to the airport, from which you will be deported. We will ensure that a travel document is issued for your departure date.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings, Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance, it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need.

If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area.

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency. Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 08h00 to 16h00, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 09h00 to 17h00.

8. Would I have a criminal record in the UK?

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drug 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.

Chapter 4: Additional information

Additional Information

1. 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
Freephone (for your relatives in the UK)	0808 172 0098
Email	info@prisonersabroad.org.uk
Website	www.prisonersabroad.org.uk

Available Mondays and Tuesdays 09h30 to 18h00, and Wednesdays to Fridays 09h30 to 16h30, UK time

Key phrases

English	siSwati
Hello	Sawubona
How are you?	Unjani?
I am well	Ngiyaphila
I am not well	Angiphili
Stay well	Sala kahle
Go well	Hamba kahle
I don’t know	Angati
Please	Ngiyacela
Thank you	Ngiyabonga
Sorry	Ncesi
Please find someone who knows English	Ngicela utfole umuntfu lowati singisi
I am hungry	Ngilambile
I am very thirsty	Ngome kakhulu

Annexes

• FCDO leaflet: Support for British Nationals Abroad
• FCDO leaflet: In Prison Abroad: Transfer to a UK Prison
• List of English-speaking lawyers
• Prisoners Abroad forms
• Prisoners Abroad authorisation form
• Prisoners Abroad family contact form
• Prisoners abroad CFF form
• Reprieve Information