Guidance

British prisoners in Somalia: information pack

Updated 5 July 2023

Disclaimer

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

Chapter 1: Key points

• Overview

• First steps

Chapter 2: Detention conditions in Somalia

• Visits: friends and family
• Police custody and initial arrival at prison
• Prison: conditions and daily life

Chapter 3: The Somalia judicial system

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

Chapter 4: Additional information

• Additional information
• Prisoners Abroad
• Glossary of terms
• Annexes

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. However, we 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. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Somalia and who can help. Consular staff can provide a printed copy 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).
• even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British Consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

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

Who we are

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

There is no consular presence at the British Embassy in Mogadishu. Consular assistance is provided remotely by the British high commission in Nairobi, Kenya.

Contact Information

Address

Consular Section
British High Commission Nairobi
Upper Hill Road
PO Box 30465 – 00100
Nairobi
Kenya

Telephone	+254 (0) 202 844 000 or +254 (0)202 873 000
Email	Use our contact form for consular enquiries
Website	https://www.gov.uk/world/organisations/british-embassy-mogadishu
Office hours	Monday to Thursday, 07:15am - 15:30pm
Friday 07:45am -12:30pm

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on 020 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we 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 Somalia, notification by the authorities to the consulate does not normally take place. You should ask the authorities to contact the British Embassy if you would like our assistance.

We can also:

• Provide a list of local English-speaking lawyers. See also Find a lawyer Abroad (fcdo.gov.uk)
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• Keep in regular contact with you, by telephone. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• Help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

What we cannot do:

*Get you out of prison or detention * Help you get special treatment because you are British * Offer legal advice, start legal proceedings or investigate a crime * Pay for any costs because you have been arrested * Forward you packages sent by friends or family * Prevent authorities from deporting you after release

First steps

Informing family members

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

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

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

There may be other circumstances when information about you may need to be shared with authorities in Somalia.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

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 Somalia

Visits: friends and family

Who can visit and how to arrange visits

Family members and relatives are permitted to visit inmates. All visits must be arranged with prison authorities in advance.

We can provide guidance for visiting prisons upon request. You should advise any potential UK visitors to contact us via the FCDO in London, giving as much notice as possible.

Prisons have different rules regarding visits. There is no specific provision as to the number of prison visits allowed; however, when your family notify us of their intention to visit you in prison, we will provide them with details of the number of visits allowed in your specific case and try to request extra days. There is no guarantee that this will be granted.

You should be aware that the FCDO currently advises against all travel to Somalia.

What to expect when you visit

Visits take place in dedicated visiting rooms, with no separation between prisoners and visitors. Visits take place in the presence of the guards

What you can take on your visit

Prison rules in Somalia vary, therefore, families should contact the FCDO in advance of their visit so we can enquire from the prison authorities what will be accepted.

Visits: consular staff

Consular assistance for British Nationals in Somalia is provided remotely by the British High Commission in Nairobi. Contact will therefore be by telephone.

We will contact you as soon as possible after being notified of your arrest or detention to assess your situation. This can take time, as we may need to make a formal request to the Somali government to arrange a time to speak to you. We will aim to contact you once before sentencing and quarterly after sentencing unless you are vulnerable.

During our telephone conversations 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 officials. Telephone calls with consular officials usually take place in the presence of prison guards.

You can write to us at any time on matters of concern by completing our contact form for consular enquiries, but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf through the following telephone numbers: +254 (0) 20 2844000 or +254 (0)20 2873000

Emergency trips outside of prison

Prisoners are not allowed to go outside of prisons no matter how urgent the situation is.

Police custody and initial arrival at prison

Arrival at the police station & basic rights

You have the right to be informed of the reason for your arrest in a language that you understand.

You should be brought before a competent court within 48 hours, but, in practice, this does not always happen.

You have the right to choose, and to consult with, a legal practitioner. If you cannot afford one, the State must appoint a legal practitioner for you. You should contact consular staff if this does not happen.

At the police station you can express any concerns in relation to your health, welfare and hygiene. There is no special clothing for detainees. You are likely to be held in a shared room, and should be allowed outdoors to perform daily prayers, for visits, and when going to be interviewed or when the authorities allow it.

You should be given the opportunity to contact the British Embassy. If this is not offered then you need to make a request. It is your right

Appearance at court

In a court appearance, your case should be presented to the judge, along with the investigation report. Then the judge will examine the report and decide whether to release you, to order further investigation or transfer you to the Central Prison.

The courts should appoint a lawyer for you if you do not have legal representation at the beginning of your trial, though the law does not mention any specific timeframe.

The judge may give you the opportunity to raise any issues related to your detention (e.g. torture, mistreatment, due process failings), but this is at their discretion, as there is no specific provision for this in Somali law.

Bail can be considered in this first hearing. However, this at the discretion of the judge.

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

Initial arrival at the prison

Prisoners are searched upon arrival. Any belongings will be kept in storage by the prison authorities and returned to you on release.

The British Embassy cannot store your personal belongings on your behalf. Your passport will usually be retained by the local authorities until the end of your sentence.

Prison: conditions and daily life

According to the assessment of the prison system in Mogadishu/ South Central Somalia (PDF, 1.79MB) by UNPOS, UNICEF and UNODC released in September 2012, prisoners’ living conditions in Somalia fall short of meeting minimum international and national standards. Most prisons lack basic infrastructure.

Accommodation

There is no proper separation of prisoners. Adults on remand and those that are sentenced to imprisonment and children are kept in the same area.

Overcrowding is a common problem with insufficient access to clean water and no electricity.

Food and diet

Food is distributed to prisoners three times a day. This consists of bread, rice, beans and maize. The food provided by the prison authorities is not sufficient in either quantity or nutritional value.

Hygiene

Bathing facilities are limited and there is insufficient clean water. The 2012 UN report states that prisons in Somalia do not meet the minimum standards required.

Work and study

Work and study are not common within Somalia prisons.

Contact and languages

Most officials speak Somali. In principle, you should be allowed to write or receive letters from outside. However, this is not always implemented in practice. The use of mobile phones is strictly forbidden.

There may be the possibility to obtain local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

In practice, prisoners do not usually get the opportunity to exercise regularly.

Climate

Somalia has a tropical climate and is hot all year round. In addition it is generally dry.

People experience a minimum temperature of 25 and a maximum of 35 degrees Celsius.

Religion

99% of the Somali population are Muslims. Prisoners are allowed to perform their daily prayers.

Rules and regulations (including drugs)

The prisons rules and regulations should be explained to you. Illegal drug trafficking or use of drugs within the prison walls are prohibited.

Safety within Somalia prisons is a concern as there is no separation of prisoners.

Prison: access to help and services

Receiving 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.

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 UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

See Chapter 4 for more details.

Medical and Dental treatment

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

However, health care in prisons does not met the threshold of the minimum standards required.

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

Letters and parcels

You have to seek permission from prison authorities in order to receive a parcel.

Telephone calls

Somalia prisons do not have landlines. Mobile phones are not allowed in the prisons. Prisoners are expected to make phone calls through the prisons officials.

Making a complaint about mistreatment

If you have been mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to check on your welfare through phone calls, 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 sustained.

Chapter 3: the Somalia judicial system

Overview

In principle, there are similarities between the UK and Somali court systems. For example, detainees are presumed to be innocent until proven guilty, have the right to legal representation, and have the right fair trial and to appeal.

However, in practice, breaches of due process and minimum international standards are not uncommon.

The hierarchy of the Somalia courts is as follows: District court, regional court, appeal court and then Supreme Court.

Practices and procedures in the military court system may diverge significantly from those in the civilian court system. If you are accused of a crime which will be tried through the military court system, you should ask the authorities to contact consular staff at the British Embassy at the earliest opportunity. It is your right.

There are no pre-trial hearings in the Somalia legal system

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.

First steps

What should happen after you are arrested?

You have the right to be informed of the reason for your arrest in a language you understand. You have the right to a lawyer and if you cannot afford one the state should appoint one for you. You can inform your family of your arrest.

Somalia is party to the Vienna Convention on Consular Relations, and you therefore have the right to request consular assistance from the Foreign, Commonwealth and Development Office (FCDO).

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. See a list of local English-speaking lawyers, Find a lawyer Abroad (fcdo.gov.uk)

For how long can I be remanded in custody?

How long you can be remanded in custody

Ordinary time limits for detention on remand (i.e. detention before trial) are as follows:

• 90 days for the crimes pending before the Extraordinary Section of the Regional Court and punishable with death penalty or life sentence.
• 60 days for the other crimes within the competence of the Extraordinary Section of the Regional Court.
• 45 days for the crimes within the competence of the Ordinary Section of the Regional Court.
• 15 days for the crimes within the competence of the Penal Section of the District Court.

Prisoners on remand and sentenced prisoners: differences

You will be detained in prison pending trial. You will be remanded in the prison regardless of the offence in question.

After you are charged

You should be taken for your first court appearance before the competent judge. During this hearing, your case will be presented to the judge, along with the investigation report. Then, the judge will examine the report and decide whether to release you, to order further investigation or transfer you to the Central Prison.

Bail

You may have the right to bail in certain circumstances, depending on the charges against you. You should seek advice from your lawyer as to your right to bail.

You have the right to appeal against the decision of refusal of the bail. Bail shall only be granted on condition of a guarantee being met. Such a guarantee might be an amount of money paid to the court or a promise of paying such an amount if you violate the obligations of the bail. Such bail conditions are not subject to any form of periodic review. Also, they cannot be changed or removed on application by the individual (directly or through his/her lawyer).

The bail will be revoked if the accused breaches the bail conditions

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

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see for a list of English-speaking lawyers. Find a lawyer Abroad (fcdo.gov.uk) . Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

Usually, the courts will appoint a lawyer if you lack legal representation at the beginning of your trial, though the law does not mention any specific timeframe.

Trial

The different stages of a trial before the relevant courts are as follows:

1. Introductory stage, in which the charge is presented to the accused person, to answer:

• He/she has objections to be raised.
• He/she admits to be guilty.
• He/she denies being guilty.

1. Prosecution stage, in which the Attorney General or one of his Deputies gives their opening statement along with introduction to the evidence in support of the charge.
2. Defence stage, in which the accused person or the defence lawyer delivers his/her opening statement along with introduction to the evidence in support of the defence.
3. Conclusion phase, in which both the prosecutor and the defence respectively deliver their concluding arguments.

Victims can participate in trials as a civil party by joining the penal case to request their damages. In such a case, the accused person shall file their compensation claim before the conclusion phase. The civil participation of the victim is voluntary, and they may retain only one lawyer.

There are no specific provisions to protect vulnerable victims/witnesses when giving evidence. However, the court may order that the trial is performed behind close doors on the basis of security reasons.

A translator should be provided if you do not speak the language of the court.

Sentences

Sentences will be passed by the judge or the members of the judging college.

Sentencing powers are prescribed in law. The judge has guidelines, within which he can use a degree of discretion to determine a sentence.

Somalia retains and implements the death penalty for certain serious offences. If this is a risk in your case, you should contact consular staff at the earliest opportunity.

Appeals

The appeals available after a criminal conviction are as follows: appeal to the Court of Appeal, complaint to the Supreme Court and request for Revision to the Supreme Court.
The deadline for appeals is 30 days after the conviction judgement. The prosecution can appeal against the acquittal judgement. In such a case, the individual has to stay in country for the appeal.

Reaching the end of your sentence

Reduction of sentence (remission)

There is no specific provision for reduction of sentence, but there is conditional release for good behaviour.

Early release

Conditional release is only available when a person sentenced to life imprisonment has served at least twenty five years or half to three-quarters of their sentence provided he/she has continuous proof of good conduct.

Clemency or pardon

The president can pardon. There is judicial pardon for persons under 18 or over 70 years of age. A judicial pardon may not be granted more than once.

Financial penalties

Depending on the offence, fines can be issued, especially in civil cases.

Transfer to another prison within Somalia

Prison transfer within Somalia is an internal government decision.

Release and deportation

You may be deported after you have completed your sentence. Somali immigration authorities will facilitate the deportation.

If your passport has expired, or has less than 6 months validity remaining, you might need to obtain a new passport or an Emergency Travel Document before you can be deported. This could take several days, depending on what documentation you have. To avoid deportation delays, we recommend that you check your passport status well in advance of your release and deportation.

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. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may 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 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 you should tell the Prisoner and Family Support Team 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 Resettlement 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 +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support 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 when you are in prison. To access any services, you 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 varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not 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

Freepost envelopes to help you stay in touch with others

[Prisoners Abroad](https://www.prisonersabroad.org.uk/)
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 to Fridays 09:30am to 16:30pm, UK time.

Annex

• Annex 1: FCDO leaflet: Support for British Nationals Abroad: a guide
• Annex 2: Somalia: list of translators
• Annex 3: List of English-speaking lawyers
• Annex 4: Prisoners Abroad Forms
• Annex 5: Prisoners Abroad Authorisation Form
• Annex 6: Prisoners Abroad Contact with family and friends form