It is the role of our Consular staff to offer appropriate assistance to British nationals who have been detained or arrested in Brazil.

If you are detained

• Remain calm
• Insist that the British Consul be notified about you – THIS IS YOUR RIGHT
• Ask relatives or friends to contact our local British Consul or the Foreign and Commonwealth Office (FCO) in London on 0207 008 1500.
  

How our Consular staff can help you

Our Consular staff are there to support you and to take an interest in your welfare.  We aim to be sensitive and non-judgemental. We also aim to treat all prisoners the same no matter what crime you are detained for or whether you are on remand or have been sentenced.

After being notified of your arrest, we can:

• Contact you in prison and visit you if that is what you want;
• Give you information about the local legal system, including whether a legal aid scheme is available and about prosecution, remand, bail and appeal procedures.  It is important to consider carefully whether you want legal representation and to discuss all costs beforehand.  We can provide lists of local lawyers and interpreters if you want although we cannot pay for either (Information for British Nationals imprisoned in Brazil);
• Explain about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, work possibilities and social and welfare services;
• Put you in touch with a prisoners’ welfare charity called Prisoners Abroad;
• Tell your family and friends, if you want us to, that you have been arrested.  Your family can also find out what is happening to you by contacting Consular Directorate at the FCO in London (tel 0207 008 1500 and ask for the Brazil Operations Desk officer).  If you are thinking about not telling your family, please consider the distress it may cause them if they do not know your whereabouts.  It can also be a disadvantage to you if you need money for anything in prison or fall ill.  Once we have told your family, we can pass messages between you in places where phone or postal services are not available.

In the longer-term, we can:

• Visit you in prison and keep in touch with you by telephone or letter;
• Consider approaching the local authorities if you are not treated in line with internationally-accepted standards.  This may include where your trial is not conducted according to due process or is unreasonably delayed compared to local cases;
• With your permission, take up any justified complaint about ill-treatment, personal safety, or discrimination with the police or prison authorities, and ensure that any medical or dental problems you might have, and of which we are made aware, are brought to the attention of any police or prison doctor;
• Send you money from your family, and help you buy prison ‘comforts’ with the funds;
• Explain to you how to apply to transfer to a prison in the UK;
• We may also be able to give you information about any local procedures for a prisoner’s early release in exceptional circumstances.   These procedures are generally known as pardon or clemency.  We will only consider supporting  pardon or clemency pleas:
  • in compelling compassionate circumstances, such as where a prisoner or close family member is chronically ill or dying;
  • in cases of minors imprisoned overseas; or
  • as a last resort, in cases where we have evidence that seems to point to a miscarriage of justice.
    

What our Consular staff cannot do for you

The role of our Consular staff is primarily to look after your welfare while you are detained. The Consul cannot:

• Get you out of prison or pay your fines;
• Get you special treatment because you are British;
• Give or pay for legal advice, start legal proceedings on your behalf or interfere in local judicial procedures;
• Investigate a crime;
• Forward parcels to you on behalf of other people;
• Prevent the local authorities from deporting you at the end of your sentence, even if you were previously resident in Brazil.
  

What you can do for yourself

Prison life can be difficult, but there are things that you can do to make it easier:

• Learn the language.  Prison guards may be more helpful if you make an effort to learn Brazilian Portuguese.  If you can’t get the books you need from the prison, contact our Consular staff.  Prisoners Abroad may also be able to help.
• Find work within the prison.  Most people find that work helps to pass the time more quickly.  You may not be able to work while on remand.
• Keep in touch with friends and family.  Prisoners Abroad may be able to help find you a pen pal.   Make sure you know how many letters you are allowed to send. It is important to get your affairs in order before a trial.
• Try to keep healthy in prison.  Our Consular staff can give you information on how to do this.  If you are ill, or have ongoing medical problems, contact the prison doctor in the first instance.  If you think you are not getting adequate treatment, contact our Consular staff or ask someone to contact them for you.  Prisoners Abroad may also be able to send you vitamins and help with some medical bills.

Information for relatives

Having a loved one in prison overseas is traumatic.  We will do what we properly can to help you.

• We can provide general information about Brazil, the prison conditions and the local legal system.
• Visiting arrangements vary from prison to prison across Brazil.  Relatives should make an appointment to visit before setting off on a long journey. Our Consular staff will be able to tell you how the visiting system works and whether special arrangements apply for parcels.  Relatives can also contact Consular Directorate for advice before travelling.
• If the prison where your friend or relative is being detained agrees, we can pass on any money you want to send to the prisoner to buy prison ‘comforts’, use the phone and so on.  Relatives in the United Kingdom can send postal orders, bankers drafts and building society cheques (made payable to the Foreign & Commonwealth Office) or cash in a registered envelope to: Consular Directorate, Foreign & Commonwealth Office, Old Admiralty Building, London, SW1A 2PA.  You must include the full name of the prisoner, their personal number, the address of where they are being held and the name of the sender.  The money will be sent as quickly as possible to our nearest British Embassy or Consulate in Brazil, who will ensure it is passed on to the prisoner in local currency.  It will normally take 2-3 weeks to reach the prisoner.
• You should be aware that in Brazil mail sent or received by the prisoner will be opened and read by the authorities and phone conversations may be monitored.

Useful information for relatives to have:

The full postal address of the prison.

• Details of the prisoner’s legal representative.
• Information about the authorities responsible for the court proceedings.
• The address, phone and fax numbers of the nearest British Consul to the prison.
• A copy of any information given to the prisoner by our Consular staff.

Confidentiality and UK law enforcement

Our Consular staff will not normally pass on information about your case to any third party without your consent.  However, you should be aware that if you are arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities.

Prisoners Abroad

Prisoners Abroad is a UK charity partly funded by the FCO, which provides information, advice and support for prisoners and their families.  They can provide information, limited financial assistance in certain situations, vitamins, a regular newsletter and support for families.  Prisoners Abroad
work collaboratively with the FCO to deliver assistance to British nationals held in prisons overseas.  They can keep in touch with you and your family throughout your time in prison and help you on release. We recommend that you contact them and authorise us to share information about your case with them.

Prisoners Abroad
89–93 Fonthill Road
London N4 3JH
Tel: 020 7561 6820
Fax 020 7561 6821
www.prisonersabroad.org.uk
Email: info@prisonersabroad.org.uk