Guidance

Information pack for British prisoners in Panama

Updated 2 September 2020

1. Introduction

This guide aims to explain the Panamanian legal and prison system to British Nationals who are imprisoned in Panama. You can also read about how to apply for a transfer back to a UK prison.

1.1 Who can help?

The Foreign, Commonwealth & Development Office (FCDO):

The FCDO is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth countries). Both employ consular officers, and one of their jobs is to provide help and advice to any Briton who gets into difficulty in a foreign country.

1.2 About the Embassy

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

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British Embassy for your convenience, but neither His Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequences of any legal action initiated or advice given.

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

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

1.3 Who are the Consular Representatives?

Pro Consul: Vacant

Vice Consul: Jose Mezquita

Tel: (507) 297-6550

1.4 Contact information

British Embassy Panama
Consular Section
Calle 53 Marbella, Humboldt Tower 4to piso
Ciudad de Panamá, Panamá

Tel: (507) 297-6550 Fax: (507) 297-6588

Contact: British Embassy Panama City web form

Website: www.gov.uk/government/world/panama

Working Hours: Monday to Thursday: 07:30-16:30 Friday: 07:30-12:30

Consular Section - Public Attention Hours: Monday, Tuesday and Thursday: 09:00-11:00

2. First steps

2.1 Who will know that I have been detained?

When a British citizen is arrested and detained in Panama, the Panamanian authorities must inform the Consulate/ Embassy upon the prisoner’s formal request and it is their right to have this notification done by the authorities. We are frequently not informed within 24 hours. It is essential that you inform the British Embassy or Consulate as soon as possible after your arrest.

2.2 What will my family be told?

For reasons of confidentiality, we are not permitted to tell anyone, even your family that you have been detained or what the charges are without your permission.

However, should you wish to inform your family, we can make contact with them through our colleagues in the FCDO in London. We can give your family or next of kin advice on prison procedures, regulations, and how you are doing. We can also pass on any messages from you.

2.3 What will the Consulate do?

We aim to contact you over the phone 24 hours after we learn of your arrest and visit you within 48 hours; after this we aim to visit you every quarter.

If appropriate, we will consider approaching the local authorities if you are not treated in line with internationally-accepted standards.

2.4 Would I have a criminal record in the UK?

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

3. Visits

3.1 How do my family and friends arrange a visit?

We advise the family to contact us well in advance so that we can inform the prison governor and work on the visiting programme. Consular officers will accompany your family during their first visit to the prison; the subsequent visits by your family will be unaccompanied.

We will need to provide the prison authorities with the details (name, passport number, relation to you, dates), of the people visiting you well in advance in order to secure the special permit.

Visitors enter into the prison itself and prisoners can spend time with visitors in the patio. Visitors must identify themselves when they arrive at the prison by showing an identification document containing a photograph (e.g. passport). This is held by the prison and returned at the end of the visit. Visitors will be searched before entering the prison.

We will provide further information on visiting procedures and details of what visitors can bring should your family members decide to come to Panama.

3.2 How many visits am I allowed?

In the majority of the prisons you are allowed to receive visits every other week, on a specific day designated to your quarters “Pabellon”. Some prisons allow visits once every week. Please check with the inmates in your Pabellon when visits are allowed.

When family or friends come from abroad for visits, the consular staff usually tries to arrange extra visit days considering the distance they had to travel to see you. These extra days are given by the prison governor and the decision is discretionary.

3.3 Consular visits

We will visit you every 3 months. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our consular staff. At each consular visit, our staff will complete a “Visit Report Form”. If there is any information that you would prefer not to disclose to a Next of Kin, you should let us know during the visit.

You will be called to the prison administration offices during a consular visit.

3.4 Other types of visitor

Priests and representatives from local church groups or non-government organisations visit some of the prisons occasionally.

3.5 What can a visitor bring?

Visitors can bring ‘prison comforts’. All bags and parcels will be searched before entry and the authorities have the right to withhold items they deem to be unacceptable (see below).

3.6 What can the Embassy buy for you and what is allowed in prison?

We may be able to buy things for you if they are essential for your welfare and you cannot find them in prison.

• the prison authorities do not allow a number of items into the prison, even though you may have seen them for sale inside the prison. We will therefore not be able to bring them to prison for you.

The following items are not allowed into prison:

Razors, knives, scissors, sharp objects, computers, laptops, drugs, guns, tobacco, cigarettes, alcohol, cans, grapes, apples, pineapples, glass, metallic items, black long-sleeve shirts with turtle necks, caps, sun glasses, porn magazines/materials, mobile phones and mobile phone cards.

This list has been prepared with information provided by different prisons and may be incomplete. So there may be further items which are not permitted. We will advise of these as we become aware.

• also, we will not buy non-essential items such as chocolates, ingredients you may need to prepare food in prison, clothes and materials for workshops

• if you cannot find something in prison and you would like us to buy it for you, we will buy it at our discretion and only if it is essential for your welfare, ie. toiletries, tampons, vitamins, certain food essential for your welfare in case of illness and which is not available in prison. The cost will be deducted from your funds. The Embassy will not cover the cost or exchange items, even if you are not entirely happy with the item or brand bought so please be as specific as you can. We may also have to buy the brand available

• we take no responsibility for what may happen to the item after we have supplied it to you (loss in prison) nor do we take any responsibility if an item is confiscated in prison on our arrival. The Embassy will not lobby with the prison authorities to allow entry of an item bought for you that they don’t consider safe enough to allow entry, even if previous permission has been given to you. We cannot intervene on your behalf, so you would have to raise this with the authorities directly

If you have any doubts about the things you would like us to buy for you, please do not hesitate to ask a Consular Officer or a prison officer.

4. Prison conditions / services

In this chapter you will find information on daily life in a Panamanian jail. Prisoners say that nothing is guaranteed as things can change on a whim, so the advice of more experienced prisoners, plus your own common sense, is essential.

In Panama City, the female prison is called “Centro Femenino de Rehabilitación” and the male prisons are “Centro La Joya”, “Centro La Joyita”, “Centro La Nueva Joya” and “Centro El Renacer”. There are 12 other prisons in the rest of the country.

The prison system for work facilities is more for local prisoners.

• conditions in La Joya and La Joyita are very poor, El Renacer and La Nueva Joya Prisons are slightly better. The women’s prison has better conditions
• fruits such as bananas, apples, grapes, raisins and certain liquids are prohibited
• all prisons have medical staff, who can be contacted for any treatment. If the doctor considers that the prisoner needs a special treatment outside the prison, then a permission service is needed
• pornographic material is prohibited
• any other special request from a prisoner needs permission from the local prison service

4.1 Arrival at the prison

When someone is arrested they will normally remain in a transit facility which can be within the airport or a police station. Subsequent transfer to prison will follow; this may take a few days. Any belongings that are not part of the investigation, process, or evidence will be sent to the prison, if the prison has enough space to keep them. It is unfortunately usual for some belongings to go missing right after arrest or during prison transfers.

The British Embassy cannot store your personal belongings on your behalf. The only property we can keep for you are your passport and driving licence. The authorities will forward your passport to us once you have been processed. You cannot have your passport in prison.

Medical checks will be carried out by the prison clinic in order to assess if you need any treatment for ongoing medical conditions (e.g. blood pressure, diabetes, HIV).

Women have to wear white T-shirts and blue skirts/or trousers.

Men have to wear blue T-shirts and dark trousers. During visits men will need to wear a yellow T-shirt.

4.2 General prison conditions

There are 17 prisons in Panama City with an overall capacity for 7,000 prisoners. However, in reality there are almost 15,000 prisoners and over-crowding is a major problem. Women’s prisons are separate to the men’s. The main cause of overcrowding is the high rate of pre-trial detention, the lengthy delays in completing the judicial process and the prisons being to small for the large population.

New prisons are under construction and the judicial system is implementing alternatives such as video hearings, in order to expedite the judicial process.

The number of inmates to each cell entirely depends on the size of the cell and the number of prisoners in the particular prison. Sometimes not even a mattress will be available to you. You may have your lawyer deliver a sleeping matt when they visit or have it delivered to the Embassy so we can deliver on our next visit.

You should also be aware that the conditions of toilets and showers are extremely poor in Panamanian prisons. Prisons do not provide toiletries nor clothing or linens. You may purchase these items from the prison shops or have your lawyer deliver them when they visit or have they delivered to the Embassy so we can deliver on our next visit.

Even though permanent searches to confiscate weapons are carried out, the latter are in free circulation inside prisons. Extortion is a big problem, especially against foreign prisoners. Corruption is still perceivable at any level: either legal or penitentiary.

If you experience serious harassment, threats or violence you should report this to the Embassy as soon as possible. We are able to take up allegations of mistreatment against a British national with the prison authorities. However, we will only raise concerns if you request that we do so.

4.3 How can I receive money?

You may need to pay for everything in Panamanian prisons. However, we strongly advise prisoners not to make it evident if they have access to regular funds (keep cash deliveries to a minimum, always make them through the Embassy, advice visitors/family not to send/deliver expensive gifts or large parcels).

Foreign prisoners are usually considered to be rich. As a result, they are sometimes targeted by gangs within the prison and are therefore likely to be victims of theft and extortion. Incurring debts inside the prison, especially for drugs, is not advised. Daily interest rates on debts are usually extremely high.

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

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

• prisoners Abroad: If your family can’t support you financially, Prisoners Abroad may be able to send a small monthly grant for the purchase of food and other essentials. These funds would be delivered by the Embassy.

Money received from the UK will be converted into local currency and held on your behalf by the Embassy. Our Consular staff will deliver the funds to your on the next visit or you may arrange internally so that family/friends visiting one of your inmates collects the funds from the Embassy and delivers them during the next visit. If you would like to send someone to collect the funds on your behalf, please contact the Consulate first in order to ensure that the funds are available and to provide the Consular staff with the details of the person who will collect them.

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

Please note that the Embassy does not provide financial support to British Nationals in prison abroad.

4.4 Can I work or study in prison?

It is difficult for the prison to supply work for all prisoners because there are not enough jobs to go round; most jobs require that you speak Spanish. In addition, due to long waiting lists (and the need for good connections), there are minimal opportunities to get jobs in the kitchen or the carpentry workshop, which are the most popular options in the male prison.

Other alternatives are performing cleaning duties, working as food distributors or teaching English. These jobs don’t always pay. Some voluntary work can be found (e.g. at the carpentry workshop - you can sell what you make, but you would need to invest in the materials and tools yourself). Some activity initiatives are run by the prisoners themselves.

Study opportunities are also available; you will need to apply for a vacancy and wait for your name to be called. Prisons offer the Panamanian educational curriculum, Spanish courses and depending on the prison there may be professional training available. Learning and development opportunities may vary from prison to prison.

The time that you spend working or studying can be certified and taken into account for reduction of sentence. Please note that only one of these activities will be taken into account for your sentence reduction.

4.5 Can I receive medical and dental treatment?

If you need medical or dental treatment you should ask to see the prison doctor or dentist. There is an appointment list and pass system. Depending on number of patients, prisoners can either be assisted the same day or within a few days. Basic medical attention is free of charge. Most prisons have only few doctors and very often medicine is not available. It is unlikely that you will be treated by a doctor who speaks English.

If medicine is not available at the prison, you or the prison doctor should contact the Embassy. The cost of prescribed medication has to be covered either by the prisoner or, if a prisoner qualifies, through Prisoners Abroad´s medical fund.

Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems may be referred to a specialist outside the prison –public hospitals-. Such treatment is often not free. Making an appointment with the public hospital and arranging a security escort can be very bureaucratic. If you face problems arranging a visit with a specialist, you should contact the Embassy to see if they can assist with the process.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you 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.

If you suffer from a serious illness or need regular medication and tests, the prison doctor and social worker can arrange a medical appointment at the public hospital. However, there is often lack of coordination between the prison´s doctor and social worker. You should also contact the Embassy as hospital transfer permits can be prolonged without the Embassy´s follow up assistance.

All medical attention to detainees is provided by the Panamanian equivalent of the UK National Health System (NHS). As the system is overwhelmed, people can wait up to 12 months for a doctor’s appointment.

4.6 Food and diet

The prison provides free food. However, it may not be sufficient to fulfil your dietary needs. A special diet can only be provided on medical (e.g. diabetes, high blood pressure), grounds. This does not apply to vegetarians. You would need funds to pay for supplements to your diet, which can be bought from the prison shop (run by other inmates as a source of income).

If products are not found in the prison shop, prisoners can request them from outside at greater expense and they are usually asked to pay a commission to the person who purchases the food for them (US$1.00-2.00).

4.7 Mail/parcels

Friends and family can send mail and parcels to the Embassy and we deliver to the prison on our quarterly visits. The Embassy is not able to forward mail on your behalf back to the UK.

All letters will be opened and checked by consular and prison staff before they are given to prisoners in order to check for prohibited items. Consular officers will not read the contents.

Mail cannot be sent directly to the prison from the UK since there is no postal system in the prison.

Our consular staff will reply to your written correspondence within our target of 20 working days, but only if your correspondence is of what we consider to be a “serious nature”, e.g. if you have a serious health problem for which you need our help or if you have serious concerns for your safety. Please raise any problems with staff during consular visits.

If you would like your family in the UK or elsewhere to email you, please let them know that they may do so via our central email box: feedback.consular.services@fcdo.gov.uk. Please ask them to entitle their email with your full name and the name of the prison you are detained in. Messages from prisoners to their family and friends can only be sent if they can provide the Embassy with an email address. The messages will be forwarded to the families in 20 working days.

4.8 Can I make telephone calls?

This depends on the prison. There are usually public telephones inside prisons which inmates can use with telephone cards, provided that they have enough resources to pay for these services. It is not possible to receive calls.

According to Panamanian law prisoners cannot have access to mobile phones.

4.9 Can I have a radio, CD player, cassette player and television?

Yes, if prisoners can afford them and through the prison director´s clearance. But having expensive items in your cell may attract unwanted attention from other inmates, unless you are in one of the best wings of the prison. In addition, guards have been known to request a small payment to allow prisoners to have such items in their cells.

4.10 What is there to read?

British citizens living locally, tourists, the Embassy and Prisoners Abroad make donations of English language books/magazines to prisoners.

4.11 Leisure and entertainment

Learning the language; speaking Spanish will help you understand what is going on, communicate your needs and also ease the boredom and mental isolation of prison life. If you have the funds to pay for learning materials the Embassy can help you buy them. Otherwise, the Embassy can provide you with photocopies of a Spanish self-learning book.

Most prisons have a gym, but often they are not properly equipped. In the “patio” or on the exercise yard, prisoners play sports such as football, volleyball, tennis and basketball. In the women’s prison aerobic is very popular.

4.12 Drugs

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

You may be punished if you are caught with illegal drugs (marihuana, cocaine, etc.). Tobacco cigarettes are allowed inside Panamanian prisons.

4.13 How can I make a complaint about mistreatment?

There is no official complaint procedure in place for mistreatment cases in Panama. If you wish to complain, please contact the Embassy or the Ombudsman office (“Defensoría del Pueblo”), so they can take your concerns forward.

Defensoría del Pueblo: (507) 500-9800

5. The Panamanian judicial system

The Embassy cannot interfere with the Panamanian judicial system. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties. Below you will find more information about the Panamanian judicial system.

6. Is the system the same as in the UK?

In short, no, although on the face of it there are many similarities. For example, 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. In addition, the Panamanian judicial system has been through a very difficult period recently and as a result it is extremely hard to achieve anything quickly. On the whole, the Panamanian judicial system is very bureaucratic.

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

6.1 What happens when I am arrested?

If you are arrested at the airport, you will initially spend some time in a police station near the airport. Police should read the charges and your rights. One of your rights is to have a phone call to speak to your family. You should inform the authorities if you wish to the Embassy to be notified.

The police will usually gather evidence and interrogate you while you are detained. You will be taken from the airport to a transitory facility in Ancon, where a state prosecutor (Ministerio Público), 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 will only be permitted shortly before giving your statement. You have the right to remain in silent until you get a lawyer and proper legal guidance. You should also ask for some time and privacy to speak alone with your lawyer (or public defender) to brief him on the circumstances of your arrest before you give your initial statement or deposition before the Prosecutor. You will then be placed on remand.

You will be accused by the prosecutor’s office and if you can’t afford a private attorney the Panamanian government will appoint a public defender to your case.

You will usually remain in the police anti narcotics cell for at least 4 days. Under Panamanian law, you should be taken straight to the remand prison once the Judge has submitted a detention order. However, in reality there is no limit on the length of time you can be held in police cells, as this depends on space availability in the remand prison.

In both places, you will share a cell with possibly several people. 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. In principle, all seized belongings will be listed in the detention report. Your passport and other identification will be taken away. These can be difficult to retrieve afterwards, although we will try and get them back, since your passport is officially property of the British Government.

In some instances you will not give a statement until you are 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. According to Panamanian law, a detainee can be interrogated without having the assistance of a private or public lawyer.

The police will arrange a public hearing before the judge and prosecutor within 24 hours of your detention (this depends on availability, it could take longer).

6.2 For how long can I be remanded in custody?

It is likely that you will remain in custody until your trial. There is no set time for this; from our experience it can take up to 18 months.

Hearings usually take place 3 to 6 months from the date of arrest although in some cases this may be longer. Normally the judge will hear the accused and the witnesses.

6.3 What happens when I am charged?

The courts will inform you, your attorney/public defender and the prison authorities of your charges.

6.4 What provision is there for bail?

Serious crimes like drug trafficking don’t have provision for bail. There are bail provisions for other minor offences such as offending a civil servant, damaging public assets, etc. Your lawyer/public defender will be best placed to advice on this matter.

6.5 What kind of legal assistance is available?

Consular staff cannot give legal advice, but they can provide you with a list of lawyers. You can hire a lawyer for yourself at any time after your arrest; a list of lawyers for Panama is included in this information pack and it is available on the Embassy website. Normally, if you hire a private lawyer he/she will ask for a cash advance on his/her estimated legal fees before he/she will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

If you cannot afford a private lawyer, your case will be taken by a public defender. You can switch to a private lawyer at any time if you can afford it. Your case would be transferred to your new attorney at that point.

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 payments and a commitment to keep you informed about the stage of your case, by providing you with copies of the judicial process.

6.6 What happens at the trial?

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

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. The Court is responsible for arranging the appointment of an interpreter. Consular staff cannot act as interpreters.

On the day of your trial you may be taken to the court or you might have a video conference arranged for this purpose.

6.7 Sentences

After the court hearing, a sentence is given by the secretary of the court. For all drug trafficking and possession offences, the sentence must be reviewed by the Provincial Court of Justice. This is a slow process which could take at least 2 months.

The Law on Narcotics, states that international drug trafficking and possession offences attract a sentence of 8 to 15 years.

Time spent in custody is deductible from the final sentence.

6.8 How can appeals be made?

The accused has the right to appeal their sentence to the Provincial Court of Justice through their lawyers. However, the appeal process is very slow and can lead to delays in finalising a sentence. There is a further appeal revision before the National Court which can be just as slow. In any case, obtaining the advice of your lawyer is strongly recommended.

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

For every two (2) days worked, a prisoner may receive a one (1) day reduction to their sentence. A three month reduction of sentence may be granted for every school year that is successfully completed.

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

Panama does not offer early release benefits to foreign nationals.

6.11 What provision is there for clemency or pardon?

In Panama, pardon/clemency can only be given by the President. A pardon/clemency means that although the prison sentence will end the person will still have a criminal record.

6.12 What about any financial penalties?

Financial penalties are rare in the Panamanian judicial system. They will normally be waived by the authorities if they have been imposed on a foreign national.

6.13 Is transfer to another prison within Panama possible?

Yes, if the Panamanian Prison Service (Direccion del Sistema Penitenciario) and local prison directors authorise the transfer. If you have been convicted, you will be allocated to a prison to serve your sentence. Transfers to other prisons are only permitted when there are exceptional compassionate, medical or safety reasons for doing so. Prison authorities are reluctant to transfer prisoners who want to escape debts incurred in a prison. If you are interested in a transfer, please speak to the Embassy who can raise your request in writing with the prison authorities.

6.14 Is transfer to the UK a possibility?

Yes, if all parties agree. A prisoner does not have the automatic right to transfer. Each request is considered on its individual merits. The UK/Overseas Territory and Panama have the right to refuse a request.

Panama ratified the Strasbourg Convention under which transfers are possible to the UK and some British Overseas Territories. The convention came into force on 1 November 2005. A prisoner should submit a form requesting the transfer. The prison governor will have copies of the form in English and Spanish. You may also obtain these from the Embassy.

The basic criteria for eligibility to apply for transfer are:

• criminal proceedings in the foreign country must be complete. The prisoner cannot be transferred if they are awaiting trial or the outcome of an appeal

• the offence for which the prisoner was convicted must constitute a criminal offence in the UK/Overseas Territory

• no outstanding fines

• other conditions may apply

Please note that the transfer process can be very slow and bureaucratic, taking up to 2 years in some cases.

6.15 What are the procedures for release and deportation?

Upon completion of sentence, a release warrant will be issued by the relevant Criminal Court. The prison governor will submit an order to the Ministry of Foreign Affairs, which is responsible for deportation. In theory, prisoners are not allowed to stay in Panama after release. However, The Ministry of Foreign Affairs should arrange a hearing in order to authorise or refuse a request for deportation. At this stage, the prisoner (and/or lawyer) could present a bid to remain in Panama, usually on humanitarian grounds (if family involved).

Prisoners should have a passport and air ticket before arranging deportation. If the above documents are not available, the criminal court will submit a remand detention order until the detainee gets all required documents to leave the country. The prisoner will be transferred to the Immigration Male Detention Centre until they are ready to be deported.

7. Additional information

7.1 Transfers to the UK

Why should you transfer?

You would be able to serve the rest of your sentence closer to your family and friends. You would also be in an English speaking environment, and be able to take advantage of the courses available in British prisons aimed at preparing you for release.

How are transfers arranged?

The UK Government has signed international agreements that allow British prisoners to be transferred from certain countries to the UK.

Information from Britain

• HMPS to arrange the escort and collection of prisoners

• 6 HMPS staff that act as escorts. 3 escorts are required per prisoner. It is not possible for more than one prisoner to be transferred at a time

• HMPS make the arrangements and cover the cost of flights. However, the prisoner is required to sign a UTR (undertaking to repay). Your passport will be retained until repayment is made

Location following repatriation

• all men will be taken to Wandsworth Prison, in London. They will remain there for a period of assessment and will then be allocated to a suitable prison in which to serve the remainder of their sentence. Prisoners will be allocated a security category and may progress through the system to open condition. However, not every prisoner will be suitable for open condition

• all women to be transferred to Holloway Prison, in London, before onward allocation

How long will you serve on your return?

The British authorities will continue to enforce the sentence imposed on you by the foreign court. The British authorities cannot increase the sentence that has been imposed on you. However, the release arrangements of the country where you are imprisoned will cease to apply once you have been transferred. British release arrangements will apply instead. Each country has its own release arrangements; as it stands in Panama your release date in the UK would normally be before your release in Panama.

You can be provided with detailed information about the calculation of your release dates in the UK before you are required to give your consent to transfer. You should ensure that you fully understand the consequences of your transfer before you give your consent. If you are unsure you should ask for clarification.

Can you appeal your conviction and sentence through the British Courts?

No. This remains a matter for the courts in Panama, where you were sentenced. The British courts have no jurisdiction to review either your conviction or your sentence.

As a British citizen, can the UK authorities refuse your transfer request?

The British authorities will normally approve the request of British citizens. However, the UK authorities reserve the right to refuse your request.

Will you be liable to prosecution for other offences if you return?

You cannot be prosecuted in the UK for the offence for which you are sentenced. You will however, be liable to detention or prosecution in connection with any other alleged offence committed in the UK.

Will you have a criminal record in the UK even though your offence was committed in another country?

Whether you return to the UK as a serving prisoner, or at the end of your sentence, you will have a criminal record. The law requires that in certain circumstances you must disclose your previous criminal convictions. This includes those imposed abroad and/or in the UK. Failure to give full disclosure of your criminal convictions when required by law to do so is a criminal offence. You should be aware that if you are arrested for certain serious offences, such as child sex abuse or drugs crimes, consular staff must tell other relevant UK authorities.

Transfer of Prisoners to England and Wales

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 on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison).

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

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

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

• writing to a pen pal

• learning the language of your country of imprisonment

• translation of documents

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

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

• preparing for release

• help for your loved ones, including information, family support groups and assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time)

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

8. Glossary of terms

Useful legal terms - English into Spanish

8.1 A

Abrogation	Derogación
Access to file (by Lawyer)	Acceso al expediente
Accomplice	Cómplice
Accused (with charges)	Imputado
Acquitted	Absuelto
Adjudication	Fallo / sentencia
Administration of justice	Administración de Justicia
Amnesty	Amnistía
Anti Narcotics Police Station	Jefatura de Antinarcóticos
Appeal	Apelación
Appeal - trial court decision is appealed directly to the National Court, by “jumping” over the intermediate court of appeals	Casación
Appeal for error	Apelar por error
Appeal or complaint	Apelación o queja
Application	Aplicación
Application forms (prison)	Formulario de aplicación
Army	Ejército
Assessment of evidence	Evaluación de pruebas y evidencias (pruebas materiales, testimoniales y documentales)
Attorney General´s Office	Fiscalía General del Estado

8.2 B

Blood test	Exámen de sangre
Board of prison governors	Comité

8.3 C

Cell	Celda
Charge	Acusación / alegato
Chief Prosecutor	Fiscal General
Civil party in criminal trial	Parte civil en juicio penal
Clemency / pardon	Indulto
Complaints system	Sistema de denuncias / demandas
Completed file	Expediente completo
Compulsory prosecution	Enjuiciamiento obligatorio
Consent	Consentimiento
Convicted	Condenado / sentenciado
Conviction	Condena / sentencia
Corporal	Cabo / corporal
Country ban (order issued which prohibits a person who has been deported or expelled from returning)	Prohibición de regresar al país (orden de arraigo)
Court appearance	Comparecencia ante el tribunal
Court file reference	Referencia del expediente del juicio
Courthouse	Tribunal / Juzgado
Criminal code	Código de Procedimiento Penal
Criminal code procedure	Código de Ejecución de penas y rehabilitación social
Criminal Court	Tribunal de Garantías Penales
Criminal prosecution	Enjuiciamiento penal
Criminal record	Record policial
Custody hearing	Audiencia preliminar
Custody order	Orden de prisión preventiva

8.4 D

Danger of absconding	Peligro de fugarse
Danger of interfering with the course of justice	Peligro de interferir con el procedimiento de justicia / procedimiento legal
Danger of repeated criminal offenses	Riesgo de reincidencia
Deportation	Deportación
Deportation order	Orden de deportación
Dismiss charges	Descargar / descartar cargos o acusación
Duty of obedience	Deber de obediencia

8.5 E

Early release benefit	Pre-libertad
Panamanian Prison Service	Direccion del Sistema Penitenciario
Escort	Escoltar / escolta
Expert Witness	Testigo
Expulsion	Expulsión
Extradition	Extradición

8.6 F

Federal Police	Policía Nacional
Fever	Fiebre
File	Expediente
Final public trial	Juicio (público)
Food poisoning	Intoxicación estomacal

8.7 G

Greater Criminal Court	Corte Nacional de Justicia
Guarding (a prison)	Custodia en la prisión
Guilty	Culpable

8.8 H

Hand cuffed	Esposado
Hearing (first)	Primera audiencia
High Court	Corte Provincial de Justicia
Higher Regional Court	Corte Provincial de Justicia (superior)
Human rights	Derechos humanos
Hunger strike	Huelga de hambre

8.9 I

Imprisoned	Detenido / encarcelado / recluído
Imprisonment	Detención / encarcelamiento / reclusión
Imprisonment after conviction	Encarcelamiento después de ser sentenciado / condenado
Indictment	Denuncia / acusación / proceso
Insubordination to officer	Desobediencia a la autoridad / insubordinación
Interpreter	Intérprete
Investigation	Investigación / Indagación

8.10 J

Jeopardise	Poner en peligro
Judge	Juez
Judgement	Sentencia / juzgamiento / dictámen
Judgement Final and enforceable	Sentencia en firme y ejecutoriada
Judicial Police	Policía Judicial
Jurisdiction (Criminal) Entities	Órganos de la Jurisdicción Penal: Corte Nacional de Justicia (CNJ) / Salas Especializadas de lo Penal de la CNJ / Corte Provincial de Justicia / Jueces de Garantías Penales / Tribunal de Garantías Penales
Juvenile prison	Cárcel de menores

8.11 L

Lawyer	Abogado
Lawyers´charges	Honorarios del abogado
Lay Judges	Disponer los jueces
Lay Judges Court	Disponer los jueces del tribunal
Legal Aid / Pro Bono Lawyer	Defensor Público
Legal Clerk	Empleado jurídico / legal
Legal remedy	Recurso legal
Local prison rules	Reglas carcelarias
Local State Court	Tribunal Penal

8.12 M

Major offence	Delito mayor
Malnutrition	Desnutrición
Marital Visit	Visita conyugal
Minimal (guilt)	Culpabilidad mínima
Ministry of Justice (and Human Rights)	Ministerio de Justicia (y Derechos Humanos)
Minor offence	Delito mínimo
Misdemeanour	Falta / mala conducta
Mistreatment/ Torture	Maltrato / tortura
Money earned in prison	Dinero ganado en prisión

8.13 N

Notary

Notaría

8.14 O

Officer of the Court	Funcionario de la Corte/Juzgado
Opposition	Oposición
Out-of-court settlement	Resolución

8.15 P

Parole (conditional release)	Libertad condicional
Pardon	Indulto
Pay off debts	Pagar deudas
Penal order	Reglamento penal
Penal proceeding	Trámite/procedimiento penal
Penitentiary system	Sistema penitenciario / carcelario
Permanent (indefinite) detention	Detención en firme
Permit, entitlement	Permiso / calificado / acreditado
Personal money in prison	Dinero personal
Physical examination	Exámen físico
Plaintiff	Demandante
Police Headquarters	Intendencia General de Policía
Police Officer	Oficial de Policía
Power of Attorney	Poder legal
Preliminary detention	Aprehensión
Presiding Judge	Juez dirigente
Presumption of innocence	Se presume inocente
Preventive detention	Prisión preventiva
Prison	Prisión / cárcel / centro carcelario
Prison administration	Administración carcelaria
Prison Assessment Unit	Departamento de Diagnóstico y Evaluación
Prison court	Comitiva de la prisión
Prison Director	Director de la prisión / centro de rehabilitación social
Prison house rules	Reglamento interno de la prisión
Prison rules regarding supervised visit	Reglas de la prisión referente a las visitas supervisadas
Prison Guard	Guía/guardia penitenciario / guardia carcelario
Prison Warden	Jefe de guías
Prisoners	Presos / internos (inmates)
Private prosecution	Enjuiciamiento privado
Procedural complaint	Denuncia procesal
Proceedings	Proceso/tramite legal
Proof of evidence	Pruebas de evidencia
Prosecution	Enjuiciamiento/ procesamiento
Prosecutor (Public)	Fiscal
Provision	Suministro
Public Prosecutor’s Office	Fiscalía
Punishment cell	Celda de castigo (calabozo)

8.16 R

Raids	Requisas
Register (in State)	Registro / matrícula
Rehabilitation	Rehabilitación
Release	Salir en libertad
Release order	Boleta de libertad / boleta de excarcelación
Remand (sending a person accused of an alleged offence into custody to await trial)	Detención provisional
Remand prison	CDP (centro de detención provisional)
Remedy of appeal	Recurso de apelación
Remission	Perdón / absolución
Repatriation	Repatriación / traslado
Representative of the Local Authority	Representante de la autoridad local
Riot	Motín / disturbio / alboroto
Riot squad	Grupo de amotinamiento
Roll call	Tomar lista (in the morning and at night)

8.17 S

Security	Seguridad
Small Police Station	Jefatura de policía
Social Worker	Trabajador(a) Social
State officials including prison warders	Trabajadores públicos, incluyendo guardias / guías penitenciarios
Statute of Judicial Organisation	Estatuto / Decreto / Reglamento de una organización judicial / legal
Stomach bugs	Infección estomacal
Strike	Huelga / paro
Sufficient suspicion	Suficientes pruebas (fundamentos de imputación)
Supreme Court of Justice	Corte Nacional de Justicia
Surety (money required for a remand prisoner to be released on bail)	Fianza
Suspended sentence	Sentencia suspendida

8.18 T

Temporary detention	Detención temporal
The accused	El Acusado
To buy	Comprar
To change money	Cambiar dinero
To deport	Deportar
To file an application	Archivar el expendiente
Transfer Agreement (Strasbourg Convention)	“Convenio de Traslado de Personas Condenadas” - Convención de Estrasburgo (repatriación)
Transfer to another prison	Traslado a otra prisión
Treason	Alta traición

8.19 V

Valid or legal	Válido o legal
Visit permit	Permiso para visita

8.20 W

Warden	Guardia (guía)
Wing	Pabellón

8.21 Alphabet

Spanish	Sounds Like
A,a	A
B,b	Be
C,c	Ce
D,d	De
E,e	E
F,f	Efe
G,g	Ge
H,h	Ache
I, I	I
J, j	Jota
K,k	Ka
L,l	Ele
M,m	Eme
N, n	Ene
O,o	O
P, p	Pe
Q,q	Qu
R, r	Ere
S, s	Ese
T, t	Te
U,u	U
V,v	Ve
W,w	Doble Ve
Y, y	Ye
X,x	Equis
Z,z	Zeta

8.22 Useful words

1	Uno
2	Dos
3	Tres
4	Cuatro
5	Cinco
6	Seis
7	Siete
8	Ocho
9	Nueve
10	Diez
11	Once
12	Doce
13	Trece
14	Catorce
15	Quince
16	Dieciseis
17	Diecisiete
18	Dieciocho
19	Diecinueve
20	Veinte
30	Treinta
40	Cuarenta
50	Cincuenta
60	Sesenta
70	Setenta
80	Ochenta
90	Noventa
100	Cien
1000	Mil

Month (s)	Mes (es)
January	Enero
February	Febrero
March	Marzo
April	Abril
May	Mayo
June	Junio
July	Julio
August	Agosto
September	Septiembre
October	Octubre
November	Noviembre
Dicember	Diciembre

Baby	Bebé
Boy	Niño
Child	Muchacho, Chico
Father	Papá
Girl	Niña
Husband	Esposo
Man	Hombre
Money	Dinero, plata
Mother	Mamá
Wife	Esposa
Woman	Mujer
He	Él
I	Yo
Me	Yo
My	Mio
Yours	Tuyo, vuestro
Her	De ella
His	De él
Their	De ellos
Them	Ellos
You	Tú
Yours	Tuyo, vuestro

Borrow	Pedir prestado
Close	Cerrar
Closed	Cerrado
Come	Venir
Debt	Deuda
Door	Puerta
Give	Dar
Here	Aqui
Indoors	Dentro de Casa
Inside	Dentro
Open	Abrir
Outside	Afuera, exterior
Run	Correr
Stand	Posición, puesto
Stay	Quedarse
Stop	Detenerse, pare
Turn	Vuelta
Walk	Caminar

Parts of the body	Partes del cuerpo
Head	Cabeza
Hair	Cabello, pelo
Eye	Ojo
Eyes	Ojos
Eyeball	Globo Ocular
Eyebrow	Ceja
Eyelash	Pestaña
Eyelid	Párpado
Nose	Nariz
Nostril	Fosa nasal
Ear	Oido, oreja
Hearing	Escuchando
Mouth	Boca

First	Primero
Second	Segundo
Third	Tercero
Fourth	Cuarto
Fifth	Quinto
Sixth	Sexto
Seventh	Séptimo
Eight	Octavo
Ninth	Noveno
Tenth	Décimo

Half	Mitad, medio
In half	En la mitad
After	Después
Before	Antes
Later	Luego, Más tarde
Now	Ahora
Climate/Weather	Clima
Climate	Clima
Cold	Frio
Heat	Calor
Hot	Caliente
Rain	Lluvia
Shade	Sombra
Sun	Sol
Sunshine	Luz solar
Weather	Tiempo
Wind	Viento

Briefs	Ropa interior
Clothes	Ropa
Pullover	Chompa , Suéter
Shirt	Camisa
Shorts	Bermuda, Shorts
Socks	Medias, Calcetines
Trousers	Pantalones
“T” Shirt	Camiseta
Sandals	Sandalias, Chanclas / chancletas
Shoe	Zapato
Trainers	Zapatillas, Tennis, Zapatos deportivos, Zapatos de caucho

Ashtray	Cenicero
Book	Libro
Cigarettes	Cigarrillos, Cigarros /Tabacos
Dry	Secar
Lighter	Claro, Bien iluminado
Pen	Pluma, bolígrafo
Pencil	Lápiz
Scissors	Tijeras
Soap	Jabón
Soap powder	Jabón en polvo
Wash	Lavar
Wash hand	Lavabo, Lava manos
Washing	Lavado, Lavando
Wet	Húmedo
Bucket	Balde
Scrubbing Brush	Escoba de Fregar
Shower	Ducha
Toothbrush	Cepillo de dientes
Toothpaste	Pasta dental, Pasta de dientes, Dentífrico
Towel	Toalla
Dream	Sueño
Rest	Descanso
Sleep	Dormir
Sleepy	Cansado, Somnoliento
Wake	Despertarse
Bed	Cama
Bed Sheet	Sábana
Blanket	Cobija
Mattress	Colchón
Pillow	Almohada

9. Annexes

Annex 1: List of English speaking lawyers in Panama

Annex 2: List of translators / interpreters in Panama

Annex 3: Options to transfer funds through the FCDO

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

I. Electronic bank transfers: Contact your bank to arrange. A “BACS” transfer usually takes 3-5 working days to clear in our account. Some banks do not charge for this service. If you have internet or telephone banking you may be able to arrange this without visiting your bank. A “CHAPS” transfer is usually received in our account within 12-24 hours. You will normally need to visit your bank to and banks normally charge for this service.

For both the above transfers you will need to include the following details:

Bank	Citibank
Acct name	GBS Re FCDO Multivote Account
Sort code	08-33-00
Account Number	125371125
Reference	Name of the person you are sending the funds for, plus country of origin

You may also need our bank address which is Canary Wharf, London E14 5LB

II. By post: Payments by Postal Order, Bankers Draft or Building Society cheque should be crossed and make payable to “The Foreign, Commonwealth & Development Office”. They should be sent:

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

We recommend that you use Recorded or Special Delivery.

Please ensure that you include a note briefly explaining who the money is for and why.

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

III. Please note that personal cheques can take up to 15 working days to process and clear before we can advance funds. We do not accept Card payments, or cash sent in the post. If you wish to pay by cash, you can take the money to our offices at Northgate House, Milton Keynes but will need to telephone first to make an appointment.

To: Foreign, Commonwealth & Development Office

Date:

Please find enclosed funds for:

Full name:

Country/place the above is in:

Amount enclosed:

Fee to be deducted:

Payment method:

My name is:

My address is:

9.1 Disclaimer

This booklet was compiled by the Consular Section, British Embassy Panama. It is revised on a regular basis

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

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