Guidance

Information pack for British nationals imprisoned in Tunisia

Updated 19 April 2023

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 Tunisia 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.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Consulate (and must do so if you want them to)
• even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British Consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 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.

The British Embassy in Tunis

Telephone: +216 71 108 700

Address:

Rue du Lac Windermere،
Les Berges Du Lac Walkway,
Tunis 1053, Tunisia

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.

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 Tunisia, notification by the authorities to the Consulate normally takes place within several days through official communication channels through the Tunisian Ministry of Foreign Affairs.

Once we are notified, we aim to contact you as soon as possible.

We can also:

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

What we cannot do

• get you out of prison or detention
• help you get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing 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.

Informing the police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Tunisia.

Legal assistance and other support

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can give you a list of local interpreters and a list of local English-speaking lawyers is attached to this pack. 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.

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.

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families: https://www.prisonersabroad.org.uk.

Chapter 2: Detentions conditions in Tunisia

Visits

Who can visit and how to arrange visits

Prisoners are allowed one family visit per week. The Consular Section can help with obtaining the necessary permit, to avoid delay if the family member is not staying in Tunisia for long. Only close relatives are permitted to visit (parents, children, and siblings).

What to expect when you visit

All visitors are required to have an ID to enter for their visit, once the ID is verified visitors will be searched before allowed entry to prison premises. Visits take place behind a glass window or wired grill (depending on the prison) and in the presence of prison guards. There may be other detainees seeing their visitors simultaneously. Visit timing depends on each prison’s policy but it usually can be anywhere between 1-2 hours during set prison visiting hours (not any random time of day).

Overall visiting hours are respected but there are times where it may be called for that a visit is cancelled if the prison authority needs to do so.

There are no vending machines for visitors to use during their visit.

What is allowed to be brought to prison

Permitted gifts for the prisoner are very limited and will be subject to strict security checks before they are handed to the prisoner. Permitted objects are:

• clothing
• bedding
• food and drink (although not all) but still in their original packaging (Items may be opened before they are handed to the prisoner)
• books: subject content is limited no crime, politics, sex or violence, etc

Families should contact the FCDO in advance of their visit so we can provide them with an updated list of unrestricted items.

Consular staff visits

If you are sentenced, Consular Staff will keep in touch with you and visit at least once per year; more frequently if there is a need to do so. 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.

If a prisoner had a need for an unplanned visit by Consular staff they can:

• make their request through their lawyer
• make a written request to the prison authority who will in turn send the prisoner’s request to the Tunisian Ministry of Justice for onward transmission to the British Embassy through the Tunisian Ministry of Foreign Affairs

Consular Section will not notify the prisoner when they intend to visit. This is due to the fact that visits are arranged through the court (either Court of First Instance or Court of Appeal depending on the status of the prisoner’s case) and notification to the prison authority takes place through the court. The prison’s authority usually notifies the prisoner of the scheduled visit by Consular staff.

There are no set scheduled visits to prisons: visits take place depending on whether there is a British national at the prison or detention centre. There are no facilities for communication via telephone or any other means other than face to face visits. Currently during Covid-19 cases in country, no in-person visits are taking place.

Prisoners can write to the Embassy through the official channels of communication (via the prison authority) at any time on matters of concern.

Emergency trips outside of prison

Requests for trips outside of prison (excluding overseas trips) for urgent purposes that may arise such funerals, critical illness of a prisoner’s next of kin, etc. will be considered on a case by case basis and approval depends totally on the prison authorities.

Police custody and initial arrival at prison

Arrival at the police station and basic rights

The Tunisian Police and National Guard can issue a custody order when there is a justified complaint or when called to the scene. The detainee will be informed why they have been arrested. There may or may not be an interpreter (this may be free of charge) at the scene to provide an English translation/interpretation. If an interpreter is not provided, the prisoner has the right to request one but it may not necessarily be provided.

Upon arrest prisoners are not allowed phone calls during the questioning phase.

You can be held in police cells or a detention centre for the purpose of the enquiry for ten days (unless the charges are terrorism related) during or after which you will either be released or brought before a magistrate. While in custody you may be in a shared area with other detainees. You will be provided with food and water as well as a bed. Prisoners can ask to see a doctor but this request will be assessed by Police/detention centre if necessary.

Upon being taken into custody an individual’s personal belongings will be itemized in a list by the Police authorities. The prisoner will sign the list to affirm its contents and all belongings will be kept safe with Police authorities (either they will be handed to the prisoner upon release or passed to prison authorities if the prisoner is convicted).

During the questioning phase, the prisoner has the right to make a request for legal representation before answering any questions. If the prisoner does not have a lawyer of preference, he can be assigned one by the Tunisian government free of charge. The Police will make note of your statement and the answers you make to their questions and you will be asked to sign the typed statement. It will be in Arabic, but a translation should be offered. Do NOT sign anything that you do not fully understand.

When there is enough evidence to open a prosecution case, the investigation stage is closed and the trial stage is opened: the file moves from the police to the Magistrate and it bears a number prefixed by “PV” (process verbal).

Appearance at court

Normally the detainee does not speak as they would be represented by their lawyer. The only time they will be required to speak is if they do not have legal representation or if the judge asks them to speak.

All court sessions take place in Arabic. Court appointed lawyers are not required to speak in English. Detainees have the right to be assisted by an interpreter (this may not always be provided and may not always be free of charge if provided).

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

Initial arrival at the prison

Upon arrival at the prison, prisoners will be searched and documented. They will be required to sign a list of their possessions and personal belongings (they will not be given a receipt).

They will be checked by the Prison Doctor. If a prisoner is on any medication, it will be kept with the prison infirmary to be provided to the prisoner as needed.

Prisoners can use their own clothing.

They will not have the right to make any phone calls.

Prison: conditions and daily life

Accommodation

Conditions in Tunisian prisons are basic. There are no single or double cells and you will be sharing a cell with many other prisoners. Overcrowding is a problem so you cannot expect a single cell as a matter of course. Sometimes not even a mattress will be available to you. You will need to wait until the prison provides you with a new mattress as we are unable to buy one for you. You should also be aware that the conditions of toilets and showers are extremely poor in Tunisian prisons.

Most Tunisian prisons won’t provide basic toiletries, standard clothing or linen. Items can be purchased directly from the prison shopping list which most of the prisons offer on a monthly basis.

The British Embassy cannot store your personal belongings on your behalf. The only property we can keep for you are your passport and driver’s licence. However, these are usually retained at the courts until the end of your sentence. Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. This measure is taken by the courts to prevent you from skipping bail.

Food and diet

The food provided is a balanced diet supplying the necessary daily nutritional requirements. A special diet can only be provided on medical grounds (e.g. diabetes, high blood pressure) or religious grounds. This does not apply to vegetarians. You can supplement your diet by buying other items from the prison shop, when available.

Drinking water is available and bottled water can be purchased from the prison shop.

Hygiene

Each prison applies its own rules in regards to the number of times per week a prisoner is allowed to take a shower/ bathe. Shower facilities may be communal depending on the prison the prisoner is in.

The conditions of toilets and showers are extremely poor in Tunisian prisons.

Most Tunisian prisons won’t provide basic toiletries. Items can be purchased directly from the prison shopping list which most prisons offer on a monthly basis.

Work and study

Work in prisons is not compulsory. For those in detention centres awaiting trial, there is little work available. It mainly consists of cleaning duties in communal areas, preparing meals or orders from the prison shop. Mornaguia Prison has large workshops (carpentry, ironworking, bookbinding, etc.) in which authorised prisoners may be employed. The pay is not high and only open to prisoners with the approval of the authorities. Prisoners are not given the money in cash for the work they do, the funds are added to their shop fund in the form of vouchers for purchases from the shop. When released from prison they will be given their funds in cash.

As for study, the Ministry of Justice officially supports education in prisons. But in reality, there is little access to education and training.

Contact and languages

Generally contact between inmates is permissible but may be restricted depending on a prisoner’s offence. A prisoner may be put in solitary imprisonment due to the crime they have committed.

It is unlikely that a prisoner will be in a cell with English speaking inmates. Guards don’t usually speak English.

Detainees are not allowed to make phone calls. They will be allowed writing material to communicate with their family. There are no internet facilities.

Some prisons in Tunisia may have libraries that prisoners can use (although they may not have books in English). Prisoners are not allowed to order books or magazines but they can ask their family members who visit them to bring them reading material (this material will be checked by the prison authority before being passed on to the prisoner). Prisoners are allowed to watch TV during the permitted hours and some prisons may have activities that take place during the week.

Prisoners can request that the Embassy request local language materials on their behalf from Prisoners Abroad (including items such as textbooks and dictionaries).

Exercise

Prisoners are allowed access to an outside field pertaining to the prison where they can get sunlight exposure and do exercise during certain days and hours of a day. Some prisons may have exercise facilities or they may have set arrangements for exercise days.

Climate

The climate in Tunisia is very hot and humid in the summer and it can be extremely cold in the winter in some areas. It can be very different to that of the UK. Additional clothing is not provided to prisoners during the summer or winter.

Religion

Prisoners have the right to practice their own faith. They do not have the right to have visits from a Priest, Rabbi or Minister of their faith unless they are of a first degree relative who is allowed to visit.

Rules and regulations (including drugs)

Good behaviour in prison may be passed on to the Ministry of Justice and may be a cause for a prisoners name to be added to the amnesty/ Presidential pardon list. Other forms of reward for good behaviour can be conditional release to attend a funeral of a first degree relative in-country or allowance of family visits face to face without a barrier.

Prison rules are explained to prisoners once they are admitted to the prison.

Sanctions and punishments are set by the National Prisons’ Department and are applied at prisons in all of Tunisia.

The type of sanction/ punishment that can take place in prison depends on the type of behaviour or action that the prisoner committed. Behaviours such as insulting or abusing prison officials or staff is considered a serious offense and can have serious ramifications such as the offense being considered a new crime and the prisoner being tried in court once more with an additional sentence being issued.

Foreigners are given a briefing of local culture which includes such things as customs, fasting in Ramadan, and the issue of homosexuality. They are advised to respect the culture of others. The prison officials try to keep foreigners in separate cells so they are not in a cell with local nationals (although this is not always guaranteed).

There is no reward/ ranking system which gives the possibility to earn privileges for good behaviour but good behaviour may be rewarded as mentioned earlier in the document.

Drugs do exist in prisons and there is a high number of prisoners that suffer from drug addiction. Prison authorities try to set policies to control the entry of drugs, such as monitoring the food brought to prisoners by their families. They also undertake awareness campaigns for raising awareness and protecting prisoners.

The prison doctor in every prison is responsible for monitoring the health condition of prisoners to try and identify early on if a prisoner has begun to administer unauthorised drugs.

A government degree was issued in 2020 which stated that prisoners with drug addiction be sent to care centres.

Prisoners are highly at risk of contracting infectious diseases such HIV, Hepatitis and skin diseases. This is not only due to use of drugs but can also be due to prison conditions.

Safety concerns at prisons in Tunisia include the high risk of homosexuals being targeted by fellow inmates. Other safety concerns are hunger strikes as well as suicide attempts by prisoners. To tackle these safety concerns the Ministry of Justice as well as the Ministry of Health have protocols in place to monitor and care for these prisoners.

If a prisoner is found to use drugs, the general criminal provisions of the penal code apply to prisoners as they would to any member of the public not in prison (the offense can even be considered a new case) depending on the administrative decision.

Inside prisons, inmates must adhere to the internal organisational rules of the prison and respect its provisions. There is a disciplinary committee that decides on the type of punishment depending on the case. Sanctions that may be applied (not only for drug use but also for misconduct), include withdrawal of benefits like receipt of supplies, parcels, writing material or family visits and working rights for a specified period of time, or in some instances placement of a prisoner in isolation.

Prison: access to help and services

Receiving cash

The British government does not provide financial assistance to prisoners.

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

1. Private funds: if a detainee’s family wishes to send funds to them or for any legal fees, we can advise on the best method of doing this, and even in certain circumstances, agree to act as a channel for such transfers.

We can only advance funds to the person overseas once your payment has cleared in our account.

1. Electronic bank transfers: payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include the following details:

Bank: National Westminster Bank
Account Name: FCDO Multi Vote
Sort Code: 60-70-80
Account Number: 10012362
Reference: FCDO case reference number, surname and first name of the person you are sending the funds for, plus country name if possible, e.g. 11-THB-123456 SMITH JOE – THAILAND or CON-1234 SMITH JOE – THAILAND
IBAN: GB56NWBK60708010012362
SWIFT/BIC: NWBKGB2L

You may also need our bank address which is:

National Westminster Bank,
Government Banking,
CST PO Box 2027,
Parkland, De Havilland Way,
Howich, Bolton,
BL6 4YU

1. By post: payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth & Development Office”. They should be sent to:

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

We recommend that you use Special Delivery.

Include a note briefly explaining who the money is for, why you are sending these funds, and quoting the FCDO case reference number. You may wish to use the payment slip below.

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

It can take approximately 15 days for personal cheques to clear and for payment to be received. Write the cheque guarantee number and expiry date, and the FCDO case reference number, on the back of the cheque. We are unable to receive payment by credit or debit card, or by cash.

1. Prisoners Abroad: if your family can’t support you financially Prisoners Abroad may be able to send you a small grant every quarter for essentials.

Money received from the UK will be converted into local currency and sent to Consular Staff at the British Embassy who will then transfer your funds to the prison authorities.

Money sent to you will be deposited in your prison account, where this facility is available. Please note that our Consular staff cannot be held responsible for the loss of funds by the Prison Authorities.

To:

Foreign, Commonwealth & Development Office

FCDO case reference number:

Date:

Please find enclosed funds for:

Full Name:

Country/place the above is in:

Amount enclosed:

Fee to be deducted:

Payment method:

My name is:

My address is:

Medical and dental treatment

If you need medical or dental treatment you should make an appointment by contacting the prison guards to arrange for you to see the prison doctor or dentist. In some large prisons it can be difficult to get an early appointment but if the situation is urgent you should contact the prison social worker, who may be able to get you an appointment more quickly than through the normal channels.

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.

Prisoners are generally not allowed to access private healthcare while in prison.

In case of a medical emergency the prisoner needs to contact the guard to inform them that they need to go to the prison infirmary immediately.

All prisons have a doctor to tend to prisoners’ medical needs with regular check-ups made by visiting prisoners in their rooms. Prisons may have a psychiatrist / psychologist and social worker on duty or readily available on call.

Prisoners that may have serious mental issues may not be put in prison but rather in a mental health facility. Prisoners that suffer mental health conditions that are not severe do not receive special care while in prison but they are constantly monitored by the prison doctor.

Prisoners that need eye glasses can get them while in prison.

The British Embassy in Tunis (with your permission) can make sure that any medical or dental problems you might have are brought to the attention of any Police or Prison Doctor. We can also liaise with your GP in the UK, if the Police or Prison Doctor requests previous medical records and this is in your vital interests.

Mail/parcels

Consular Staff can give family members the correct address for mail to be sent to. Prisoners will only be allowed to send and receive letters (no parcels are allowed). Please be aware that all prisoners’ outgoing letters have to be read before they are posted on, and the same applies to incoming letters. There are often delays.

Prisoners can receive parcels of food, books (some reading material is prohibited) and money towards their prison account which would be in the form of vouchers which they can use to buy things from the prison shop.

It is prohibited for prisoners to pay guards to receive mail as this would be considered as a bribe.

Stamp fees pertaining to any mail/ parcels that prisoners want to send must be covered by the prisoner.

The mailing details needed for a prisoners to send or receive mail can be requested from the prison officers/staff.

Telephone calls

There is no access to phones in detention. If a detainee wishes to inform anyone about their circumstances, we are happy to pass on messages and maintain contacts with their family or friends.

Prisoners are not allowed to have mobile phones. If they are found to have one, the phone will automatically be confiscated and there may be further punishment.

Make a complaint about mistreatment

If you have been mistreated, please inform Consular Staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and inform you of any local complaint 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 Tunisia judicial system

Overview and first steps

The Tunisian judicial system is not the same as the UK. The Tunisian system is of a state level and is “Inquisitorial” rather than jury based. This means that the Magistrates give instructions to the Police to carry out wide-ranging enquiries in order to build a dossier about the case. The file will contain your statements, those of any witnesses, police findings, descriptions of any evidence, inventories, etc. The trial is the final act in the investigative process with the bench of one to three Judges at any time depending on the case type. There is no jury. Prisoners can plead ‘guilty’ or ‘not guilty’.

The case goes first to the ‘Court of First Instance’ and is tried. A verdict is then issued. If the prisoner is not pleased with the verdict and requests an appeal through their lawyer, the case will then go to the ‘Court of Appeal’.

In rare instances, after the ‘Court of Appeal’s’ verdict, if a prisoner is still not satisfied with the outcome, they may be able to request that their lawyer present the case in front of the ‘Supreme Court’.

The timeline for the processing of cases at different courts mentioned above can vary, this is due to the various types of cases as well as urgency and workload at courts. The Criminal Code and Code of Criminal Procedures are the codes applied to guarantee the rights of prisoners throughout the legal process. The text law of 14/ 2001 specifies the guidelines for the management of prisons.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

What to expect after arrest

The Police and National Guard can issue a custody order when there is a justified complaint or when called to the scene, the detainee will be informed why they have been arrested. There may or may not be an interpreter (this may be free of charge) at the scene to provide an English translation/interpretation. If an interpreter is not provided, the prisoner has the right to request one but it may not necessarily be provided.

Upon arrest prisoners are not allowed phone calls during the questioning phase.

You can be held in police cells or a detention centre for the purpose of the enquiry for ten days (unless the charges terrorism related) during or after which you will either be released or brought before a magistrate. While in custody you may be in a shared area with other detainees. You will be provided with food and water as well as a bed. Prisoners can ask to see a doctor but this request will be assessed by Police/detention centre if necessary.

Upon being taken into custody an individual’s Personal belongings will be itemized in a list by the Police authorities, the prisoner will sign the list to affirm its contents and all belongings will be safe kept with Police authorities (either handed to the prisoner upon release or passed to prison authorities if the prisoner is convicted).

During the questioning phase, the prisoner has the right to make a request for legal representation before answering any questions. If the prisoner does not have a lawyer of preference, he can be assigned one by the Tunisian government free of charge. The police will take your statement and any answers to their questions and you will be asked to sign the typed statement. It will be in Arabic, but a translation should be offered.

Do not sign anything you do not fully understand.

When there is enough evidence to open a prosecution case, the investigation stage is closed and the trial stage is opened: the file moves from the police to the magistrate and it bears a number prefixed by “PV” (process verbal).

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

Duration of remand in custody

You can be held in police cells for the purpose of the enquiry up to ten days (unless the crime is terrorism related) during or after which, you will either be released or brought before a Magistrate.

Prisoners in custody will be kept in Police station cells/ detention centres while prisoners who have been found guilty will be moved to a prison.

Phone calls are not allowed in Police station cells, detention centres and prisons. Prisoners/ detainees are allowed visits from their lawyers.

What to expect after being charged

When there is enough evidence to open a prosecution case, the investigation stage is closed and the trial stage is opened: the file moves from the police to the magistrate and it bears a number prefixed by “PV” (process verbal).

You are not allowed to be assisted by a lawyer at the police stage of proceedings. However, you can, with our help, if required, begin to engage a lawyer to defend you in the judicial procedures.

Bail

Your lawyer must submit an application to the Magistrate who will decide on the case’s severity. Bail is refused to a defendant standing trial for drug offences or homicide. For instance, where the law carries penalties of mandatory prison sentences, sometimes a deposit is demanded as a guarantee. Your passport may likely be retained as a guarantee that you will not skip bail.

If a detainee is allowed to be released on bail, the bail amount will be paid by prisoner via their lawyer at the relevant court.

If needed the Embassy can assist prisoners with contacting friends and family who may be willing to help, this can be requested by the prisoner via their lawyer.

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

Trial and legal assistance

Legal assistance

If you wish to hire a private lawyer, a list of English-speaking lawyers is provided at the end of this pack. Prisoners Abroad can also supply information on legal aid, court proceedings, and can advise on appointing a lawyer.

You can hire a lawyer for yourself at any time after you are charged. A list of English- speaking lawyers will be given to you by a Consular officer. Normally, if you hire a private lawyer they will ask for a cash advance for their estimated legal fees before they will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

Alternatively, your case will be taken by a Public Defender, and if later on you hire a lawyer the case will be transferred to the new lawyer. The Public Defenders do not visit their clients and the communication will only be in French or Arabic.

The British Embassy cannot pay legal fees under any circumstances. There is no legal aid available to you in Tunisia. The fees to be charged by a defence lawyer would depend on:

• the case itself
• how many appearances in court
• whether it was seen in the Magistrate’s or the High Court
• the amount of paperwork involved, etc

You should discuss this with your lawyer in the early stages to avoid any complications later in the proceedings and seek our help if you need advice about transferring funds to Tunisia.

Trial

Trials take place in the courtrooms of the Palace of Justice of the area where the alleged offence took place. Trials are public.

On your trial day you will be taken to the court office where your case is being handled. There will be a judge in charge of your case along with the Public Prosecutor and your lawyer or Public Defender. If you don’t speak Arabic you will be responsible for hiring an interpreter to assist you during the trial.

Defence Counsel and the defendant him/herself are given an opportunity to speak, but witnesses are not called. Their statements are or should be already in the file before the judges. The three judges confer before pronouncing the verdict or postponing the decision for further action.

Sentences

Any sentence passed will be counted as starting from the date of the arrest. Any fine imposed bears a 50% extra charge for taxes, etc.

British nationals will automatically be deported to the UK upon release. They will be held in a detention centre in Tunis until all deportation formalities are completed (including the flight ticket which needs to be covered by the prisoner/family or friends).

Appeals

Appeals are allowed and the application to introduce one is usually submitted by your lawyer. If you do not have a lawyer, the prison social service will help you to fill in the relevant papers to submit your own appeal. Appeals have to be presented within 10 days from the date of the court’s verdict (this is not always the same day as the trial - judges can reserve judgement for a later date).

Reaching the end of your sentence

Early release/parole

Tunisian law makes provision for the early release of prisoners serving a sentence longer than 6 months. You may make your application after serving usually half of your sentence. The prison office will help you with the forms. The application goes before a Committee consisting of representatives from the Ministry of Justice (the courts), the Ministry of the Interior (police and prisons) and the Ministry of Social Affairs (reintegration into society). If a first application is not successful there is no bar to making further applications. Things taken into consideration by the Committee include the severity of the offence, mitigating health or family circumstances, and good conduct whilst in prison.

Clemency/pardon

It is the prerogative of the President of the Republic to grant amnesty/pardon or to reduce sentences passed down by the courts.

No approach can be made to the President until the all legal processes have been exhausted. After that, the President may consider appeals made on behalf of the detainee at any time. The Embassy does not normally make such applications on your behalf, but is always ready to forward family/friends’ petitions through official applications for presidential pardon and pass them on through the prison/Ministry of Justice system. The Embassy may only support an application for pardon/amnesty in exceptionally compelling or compassionate circumstances.

Financial penalties

Any fine imposed bears a 50% extra charge for taxes etc.

Any financial penalties will need to be paid in full before the prisoner is released from custody.

Transfer to another prison within Tunisia

An application to change prison facility within Tunisia can be made via the Prison Welfare officer. It is not always guarantee better conditions.

Transfer to the UK

There is no Prisoner Transfer Agreement (PTA) between the UK and Tunisia, therefore it is not possible to be transferred to the UK to serve the remaining time of the sentence the prisoner was handed down in Tunisia.

Release and deportation

Once a prisoner is released or has completed their sentence, they will then be moved to a detention centre close to or at Tunis airport, where they will wait until family have purchased a flight ticket. This process normally takes a minimum of one week.

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 +44 (0) 20 7367 4888, Monday to Friday 8am to 4pm, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline +44 (0) 20 7799 2500, Monday to Friday 9am to 5pm.

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 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

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British nationals 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: +44 (0)20 7561 6820 or, for your relatives in the UK, Freephone: 0808 172 0098 - Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time).

Email: info@prisonersabroad.org.uk

Website: https://www.prisonersabroad.org.uk

Annexes

FCDO leaflet: Support for British Nationals Abroad: Summary

FCDO leaflet: In Prison Abroad: Transfer to a UK Prison

English-speaking lawyers

Prisoners Abroad forms

Prisoners Abroad Authorisation form

Prisoners Abroad family and friends contact form

Prisoners Abroad CFF form

Reprieve/Death Penalty Project information