Arrest or detention

For travellers who are arrested or held by police or other authorities abroad, and for their families. It covers contacting your embassy, getting a lawyer, and what consular staff can and cannot do.

  1. Ask to contact your embassy

    Ask the police or prison to tell your own government's embassy or consulate that you are being held. The authorities may not inform it unless you ask. If you think they have not, family or friends can contact your government directly.

  2. Get a local lawyer

    Ask for a local lawyer as soon as you can. Consular staff can give you a list of local lawyers, but they cannot choose or recommend one for you. Agree the costs at the start, ask for a written contract, and ask whether legal aid is available.

  3. Do not sign unclear papers

    Do not sign any document you do not understand. Ask for an interpreter, and ask your lawyer to explain papers before you sign them. Keep copies of all letters and documents prepared for you.

  4. Beware promises of release

    Be wary of lawyers who approach you in custody or are pushed by other prisoners or officials, and of anyone promising a quick release for a large payment. You may lose the money, and paying a bribe can lead to prosecution.

  5. Tell them your health needs

    Tell the police or prison about any physical or mental health condition and any medicine you take. With your consent, consular staff can raise medical concerns and basic needs with the authorities.

  6. What consular staff can do

    With your consent, consular staff can usually tell your family where you are, pass on messages, explain the local legal and prison system, and keep in touch by visits or calls. Your family is only told if you agree. Staff can raise concerns if you are mistreated.

  7. What consular staff cannot do

    Consular staff cannot get you released, pay legal fees, fines or bail, give legal advice, represent you in court, or interfere in the local justice system. They cannot get you better treatment than local prisoners. Local laws apply to you, even when they differ from home.

  8. Dual nationals may get less help

    If you are also a citizen of the country holding you, its authorities may treat you only as their own citizen and refuse your other government access to you. Consular help may then be limited or impossible.

Sources

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