Guidance

Zimbabwe: prisoner pack

Updated 26 June 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

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 Zimbabwe 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 embassy, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or 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 embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

2. Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.

Contact details for the British Embassy in Zimbabwe:

3 Norfolk Road
Mount Pleasant
Harare

Telephone + 263 (242) 8585 5200.

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

3. What we can do

The FCDO can offer you impartial and non-judgemental help. 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 Zimbabwe, notification by the authorities to the embassy does not happen immediately after arrest. Once we are notified, we aim to contact you as soon as possible.

We can also:

• provide a list of local English speaking lawyers
• 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 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)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do is:

• 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

1. 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.

2. 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 Zimbabwe.

3. 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.

4. 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.

5. 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 Zimbabwe

Visits – friends and family

1. Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Zimbabwe for the latest information on safety and security, entry requirements and travel warnings.

Prisoners can receive visitors during visiting times. Prison visiting times are 09h00 to 15h00, Monday to Friday for those on remand and 09h00 to 15h00, Saturday and Sunday for convicted prisoners. These visiting times apply to all remand centres/ prisons throughout Zimbabwe. Visitors are required to bring a form of photographic ID with them (Zimbabwean ID card/ driver’s licence/ passport). Maximum of two visitors allowed.

2. What to expect when you visit

The place where the visit will take place will depend on the remand centre or prison. Visits in the more modern prisons will take place in a closed room, whilst visits in the older prisons will take place outside in a secured section of the prison. Visits are supervised by a prison official.

3. What you can take on your visit

Visitors are allowed to bring a selected range of items to the prison and what is allowed varies according to each prison. The officer in charge will be able to advise you on what items are permitted in the prison you are in.

All bags and parcels will be searched before entry and prison authorities have the right to withhold items they deem to be unacceptable. Visitors bringing food will be asked to taste the food before a prison guard.

4. Visits: consular staff

Consular staff need to obtain permission from the Ministry of Foreign Affairs and the Prison Service before we can visit. We will try to visit as soon as possible after being informed of your detention, but getting permission can take time. If you are convicted and sentenced to time in prison, we will agree a rhythm of visits depending on your situation. You can request a consular visit by speaking to the Officer in Charge at the prison.

You can write to us at any time on matters of concern. The Embassy address is:

PO Box 4490
Harare
Zimbabwe

If it is urgent, it may be quicker to ask the prison authorities to telephone us on your behalf, on + 263 (242) 8585 5200.

5. Emergency trips outside of prison

Emergency trips outside of prison are not allowed, even in the event of the death or illness of a close family member.

Police custody and initial arrival at prison

1. Arriving at the police station: your basic rights

You must be informed of the reasons of your arrest, your right to contact a family member or legal practitioner and your right to consult a legal practitioner or medical practitioner of your choice.

You should never sign anything you cannot read or understand. If you find yourself under pressure to sign, insist on speaking to your lawyer.

You should be promptly brought before the court (within 48 hours) but this may not always be the case.

2. Appearing at court

All criminal cases start in the Magistrates’ Court. At the first court appearance, the charges against you will be read out. You will then be asked to make a plea of guilty or not guilty.

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

3. Initial arrival at the prison

If you are remanded in custody awaiting trial, you will be held in a remand centre. After conviction and sentencing you will be held in a prison. You will be required to wear prison clothes while detained but, you can wear your own clothes for court appearances.

4. Prison conditions and daily life

Zimbabwean remand centres and prisons are overcrowded. Most lack running water and electricity and are generally not well maintained.

5. Accommodation

If you are sentenced you will be sent to a prison and if not yet convicted you will be sent to a remand centre. Remand centres and prisons are overcrowded. Facilities are very basic. Cells are shared and inmates sleep on the concrete floor with a blanket, if lucky. Most lack running water and electricity. There is a toilet in each cell.

6. Food and diet

Meals are inadequate and are often supplemented by food brought in by relatives, friends or lawyers. The same applies to drinking water. Remand centres and prisons have small shops within the grounds that sell a limited selection of food which can be purchased by visitors and given to you.

7. Hygiene

Given the lack of running water showering is not always an option. Prisoners are allowed laundry soap to be brought in for them and are expected to wash their own clothes.

8. Work and study

There is formal primary and secondary schooling for all prisoners who wish to learn. Most prisons have workshops where a number of trades are taught e.g. building, plumbing, electrical, motor mechanics. There are no paid jobs in prisons. Some prisoners may have to work on the prison farm as part of their sentence.

9. Contact and languages

English is spoken in all remand centres/prisons. Prisoners are kept in their own section of the prison and are not able to mix with prisoners who are in another section. There are no entertainment or leisure facilities.

You can request local language materials through the post from Prisoners Abroad, including language textbooks and dictionaries.

10. Exercise

You are generally allowed to exercise within the prison complex. There are certain times for exercise and this will vary from prison to prison.

11. Climate

There are 3 main seasons in Zimbabwe, which are in:

• November to March – this is the rainy season, the weather is hot and humid
• May to August – this is the cool season, the weather is dry and sunny but does get cold especially at night
• August to November – this is normally a very hot period

You would still wear prison clothes but, would be allowed to wear a jersey in the colder months.

12. Religion

Priests and representatives from local church groups and non-government organisations visit the prisons. You can request a visit from a religious practitioner of your choice. Detention facilities in Zimbabwe are not staffed by religious ministers.

13. Rules and regulations (including drugs)

The introduction or use of any intoxicating liquor, drugs or weapons into any prison is strictly prohibited.

Prison: access to help and services

1. Receiving money

There are 2 ways 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 cannot 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.

2. 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.

3. 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. Prisoners in Zimbabwe are eligible for the Craig Feehan Fund and the Medical Fund. The Embassy could also see if you would qualify to receive vitamins from the Vitamin Fund.

4. Medical and dental treatment

While you are detained, Zimbabwe is responsible for ensuring your basic medical needs are met. If you fall unwell whilst in a remand centre/prison you will initially be assessed by a nurse and if necessary be referred to a visiting doctor. Treatment outside of the prison is rare. If you are unable to access the medication you require please make sure you tell the embassy.

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

5. Letters and parcels

You are allowed to receive letters and parcels, but these are censored. Only items on the list of items approved to be received will be allowed. If you wish to receive an item not on the list, you will need to apply to prison guards for prior approval.

You will not be permitted to receive mail which is political or security related. The postal service in Zimbabwe is not very reliable. You would receive mail or parcels quicker if a courier company such as DHL or FedEx was used.

6. Telephone calls

Mobile phones are not allowed in prisons. There are no phones for you to make outside calls but, you can ask prison officials to make a call on your behalf.

7. Making a complaint about mistreatment

If you have been mistreated, you should 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 explain 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, try to see a doctor, obtain a medical report and if possible, take photos of your injuries.

You may request to speak with the prison officials if you feel you have been mistreated.

Chapter 3: The Zimbabwean judicial system

Overview

The Zimbabwe judicial system is not the same as the UK, although on the face of it there are many similarities. For example, prisoners are presumed innocent until proven guilty and they have a right to legal representation, a fair trial and appeal.

However, there are fundamental differences. For example, there is no jury system and judicial processes are not always correctly followed. You often remain in prison for long periods of time without having been sentenced. At Magistrates Court level, a magistrate sitting alone presides over the trial and in exceptional cases, may sit with one or more assessors. An appeal against conviction and sentence may be made to the High Court.

Serious crimes are heard in the High Court. A single judge with 2 assessors presides over the trial. Appeals against conviction and sentence from the High Court can be made to the Supreme Court, the latter of which is presided over by 3 judges sitting for purposes of the appeal.

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

1. What should happen after you are arrested?

You must be informed of the reasons of your arrest, your right to contact a family member or legal practitioner and your right to consult a legal practitioner or medical practitioner of your choice.

You should never sign anything you cannot read or understand. If you find yourself under pressure to sign anything, insist on speaking to your lawyer. You should be promptly brought before the court (within 48 hours) but this may not always be the case.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English speaking lawyers

2. How long you can be remanded in custody

Your case should be heard as soon as possible after you have been remanded. There is no statutorily defined limitation to how long an accused can remain on remand for.

3. Prisoners on remand and sentenced prisoners: differences

Prisoners on remand and sentenced prisoners are held in separate facilities. A prisoner on remand will be held in a remand centre and a sentenced prisoner will be held in a prison. Remand centre conditions are slightly more relaxed than prisons.

4. After you are charged

Once formal charges have been laid, you should be promptly brought before the court (within 48 hours), but this may not always be the case. Your case will be heard and if you are found guilty of the charge in court, a sentence will be passed to you.

5. Bail

You can apply for bail if you have been charged with certain offences and will normally be required to pay a cash amount. Bail is likely to come with conditions. You may be asked to report daily or weekly to a police station, to reside at a certain address before your trial and ordered not to speak to state witnesses.

If bail is refused, you can appeal to the High Court. If you fail to appear in court after being granted bail, you will forfeit your cash to the state and a warrant will be issued for your arrest. It is then unlikely that you will granted further bail. To be granted bail would depend on the nature of the crime that has been committed.

Passports cannot be kept permanently by the state as they are private property. They can initially be held by the police for safe keeping, and may be held by a clerk of court if your bail conditions demand it. Once your trial is complete, the passport must be handed back to you.

The FCDO cannot transfer bail funds.

Trial and legal assistance

1. Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see list of English-speaking lawyers

Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

Legal aid is available in Zimbabwe. Conditions of qualification would depend on individual prisoner’s circumstances. The embassy would be able to contact Legal Aid on your behalf to establish if you would qualify.

2. Trial

Long delays for cases to be brought to trial are common in Zimbabwe. The order of the different phases of a trial in Zimbabwe are as follows:

1. Prosecution opening speech
2. Prosecution witnesses to give evidence
3. Cross-examination of prosecution witnesses
4. Prosecution re-examination of its witnesses
5. Application for discharge at the close of state’s case
6. Defence witnesses to give evidence
7. Cross-examination of defence witnesses
8. Defence re-examination of its witnesses
9. Defence closing speech
10. Decision which will be made by the Magistrate
11. Mitigation/ Aggravation
12. Sentencing

3. Sentences

Penalties range from a caution, a fine, community service, suspended imprisonment, imprisonment with labour, life imprisonment to capital punishment.

An appeal against conviction or sentencing can be made to the High Court. The death penalty may be imposed for murder and treason although is rarely used. Hanging is the only method of execution that has been used in Zimbabwe.

There is an automatic appeal to the Supreme Court in all death penalty cases. The president may grant a pardon or commute a death sentence to life imprisonment or a fixed term of imprisonment. If you are charged with a crime that may carry the death penalty you should talk to the embassy about the assistance we may be able to give you.

There are specified time limits within which to note an appeal. An appeal against conviction and sentences lies from a Magistrates Court to the High Court and is ultimately up to the Supreme Court.

Reaching the end of your sentence

1. Reduction of sentence (remission)

A prisoner can be released before completing their sentence for good behaviour. Detainees automatically receive remission of one-third of their sentence, if they behave well during their time in prison.

2. Clemency or pardon

Government of Zimbabwe official periodically pardon prisoners of convicted low-level crimes to free up space in Zimbabwean remand centres/prisons.

3. Financial penalties

Financial penalties are sometimes given as an alternative to a prison sentence. These are normally for less serious crime and first time offenders.

4. Transfer to another prison within Zimbabwe

Yes, transfer to another prison within Zimbabwe is possible. The Commissioner General has the power and authority to transfer a prisoner. A prisoner may be transferred as punishment or be moved to a prison which is nearer a hospital, if they require medical attention.

5. Transfer to a prison in the UK

A prisoner can return to a UK prison to complete their sentence but this very rarely happens. The decision to agree for a prisoner to be transferred back to the UK would be a high level decision taken by government.

6. To transfer to the UK, you must:

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

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

The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family living there.

7. Release and deportation

If your immigration status in Zimbabwe is illegal or your visa has expired, you will be returned to remand prison. Consular staff will liaise with the Department of Immigration for your deportation. We will help to ensure you have access to a travel document. You or your family members will be required to purchase an airline ticket to the UK, and either a passport or an Emergency Travel Document if necessary.

British passport holders who hold a valid Zimbabwean residents permit will be allowed to remain in Zimbabwe after completing their sentence.

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

8. 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

Additional Information

Further information on remand centres and prison can be found at: http://www.zpcs.gov.zw/

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

Contact details

• Website: https://www.prisonersabroad.org.uk/
• UK Helpline: +44 (0)20 7561 6820 or 0808 172 0098
• Mondays to Fridays 9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH
UK

Annex

• FCDO guidance: Support for British nationals abroad
• FCDO guidance: Arrested abroad: advice for British nationals
• List of English-Speaking Lawyers
• Prisoners Abroad Forms