Ecuador 2015 Prisoners Info Pack – April 2015
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Information Pack for British Prisoners in Ecuador Author Department Date Quito Consular Team Consular Section British Embassy Quito 1 April 2015 Not protectively marked Information Pack for British Prisoners in Ecuador Not protectively marked Contents Who can help? ........................................................................................................................ 4 About the Ecuador Consular Network ..................................................................................... 4 Who are the Consular Representatives? ................................................................................ 4 Contact Information: ................................................................................................................ 5 British Embassy Quito ............................................................................................................. 5 FIRST STEPS ......................................................................................................................... 6 Who will know that I have been detained? .............................................................................. 6 What will my family be told? .................................................................................................... 6 What will the Consulate do? ................................................................................................... 6 PRISON CONDITIONS / SERVICES ..................................................................................... 8 Arrival at prison ....................................................................................................................... 8 General prison conditions ....................................................................................................... 8 How can I receive money? ...................................................................................................... 9 Can I work in prison? .............................................................................................................. 9 Can I receive medical and dental treatment? ......................................................................... 9 Food and Diet ....................................................................................................................... 10 Mail/Parcels .......................................................................................................................... 11 Can I have a radio, CD player, cassette player and television? ........................................... 11 Can I make telephone calls? ................................................................................................. 11 What is there to read? ........................................................................................................... 11 Leisure and entertainment .................................................................................................... 11 Drugs .................................................................................................................................... 12 What can the Embassy buy for you and what is allowed in prison? ..................................... 13 THE ECUADOREAN JUDICIAL SYSTEM ........................................................................... 14 Is the system the same as in the UK? .................................................................................. 14 What happens when I am arrested? ..................................................................................... 14 For how long can I be remanded in custody? ....................................................................... 16 What happens when I am charged? ..................................................................................... 16 What provision is there for bail? ............................................................................................ 17 What kind of legal assistance is available? ........................................................................... 17 What happens at the trial? .................................................................................................... 17 Sentences ............................................................................................................................. 17 How can appeals be made? ................................................................................................. 18 What provision is there for reduction of sentence (remission) e.g. for good behaviour? ...... 19 What provision is there for early release e.g. on parole? ...................................................... 19 What provision is there for clemency or pardon? .................................................................. 20 What about any financial penalties? ..................................................................................... 21 Is transfer to another prison within Ecuador possible? ......................................................... 21 Is transfer to the UK a possibility? ........................................................................................ 22 What are the procedures for release and deportation? ........................................................ 22 Not protectively marked 2 Information Pack for British Prisoners in Ecuador Not protectively marked THE BENEFITS SYSTEM IN ECUADOR – Factsheet for prisoners................................. 23 TRANSFERS TO THE UK – Strasbourg Prisoners Transfer Agreement (PTA) ................... 24 Local Requirements under the Strasbourg Prisoners Transfer Agreement: ......................... 24 Repatriation of Prisoners to England and Wales .................................................................. 26 PRISONERS ABROAD ........................................................................................................ 27 ANNEXES ............................................................................................................................. 28 Annex 1: LIST OF ENGLISH SPEAKING LAWYERS IN ECUADOR .................................. 28 Quito ..................................................................................................................... 28 Guayaquil .............................................................................................................. 28 Annex 2: LIST OF PRIVATE TRANSLATORS/INTERPRETERS IN ECUADOR ................ 28 Quito ..................................................................................................................... 28 Guayaquil .............................................................................................................. 28 Annex 3: FCO leaflets .......................................................................................................... 28 Annex 4: Prisoners Abroad - Leaflet and Forms .................................................................. 28 Annex 5: Fair Trials International - Questionnaire and Leaflets ............................................ 28 GLOSSARY OF TERMS ...................................................................................................... 29 Spanish Alphabet .................................................................................................................. 33 Prisoners abroad - Key phrases - English into Spanish ........................................................ 40 Not protectively marked 3 Information Pack for British Prisoners in Ecuador Not protectively marked INTRODUCTION This guide aims to explain the Ecuadorean legal and prison system to British Nationals who are imprisoned in Ecuador. You can also read about how to apply for a transfer back to a UK prison. Who can help? The Foreign and Commonwealth Office (FCO): The FCO is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth countries). Both employ consular officers, and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country. About the Ecuador Consular Network We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with Ecuadorean regulations, and that you are treated no less favourably than other prisoners. We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British Embassy for your convenience, but neither Her Majesty‟s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequences of any legal action initiated or advice given. We cannot get you out of prison, pay fines or stand bail or interfere in local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime. We have tried to make sure that the information in this booklet is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt, contact a lawyer. Who are the Consular Representatives? British Embassy Quito Veronica Ruiz Vice Consul British Embassy Quito Annika Dann Pro Consul Guayaquil British Honorary Consulate Colin Armstrong Honorary Consul Guayaquil Maria Fatima Rocio Torres Honorary Vice Consul Guayaquil Cuenca British Honorary Consulate Andrew Cocker Honorary Consul Galapagos Galapagos British Honorary Consulate Andrew Balfour Honorary Consul Cuenca Not protectively marked veronica.ruiz@fco.gov.uk quito.consular@fco.gov.uk annika.dann@fco.gov.uk quito.consular@fco.gov.uk quito.consular@fco.gov.uk quito.consular@fco.gov.uk quito.consular@fco.gov.uk quito.consular@fco.gov.uk 4 Information Pack for British Prisoners in Ecuador Not protectively marked Contact Information: British Embassy Quito Consular Section Avenida Naciones Unidas y República de El Salvador. Edificio Citiplaza, 14th Floor Quito Tel: 02 2970 800 / 801 Fax: 02 2870 807 Email: quito.consular@fco.gov.uk Website: https://www.gov.uk/world/ecuador Working Hours: Monday to Thursday: 08:30 to 12:30 / 13:30 to 16:30 Friday: 08:30 to 13:00 Consular Section - Public Attention Hours (online appointment regime): Monday to Thursday: 09:00 to 11:00 Honorary Consulate Guayaquil c/o Agripac - Guayaquil Email: quito.consular@fco.gov.uk Honorary Consulate Galápagos Islands Puerto Ayora, Santa Cruz Island Email: quito.consular@fco.gov.uk Honorary Consulate Cuenca Email: quito.consular@fco.gov.uk Address for Postal orders, bankers draft or Building Society cheques sent from the UK – sent by families of detainees for Prison Comforts Address in the UK (as of 1 April 2012): Account Receivables - Foreign and Commonwealth Office Corporate Service Centre PO Box 6108 Milton Keynes, MK10 1PX Not protectively marked 5 Information Pack for British Prisoners in Ecuador Not protectively marked FIRST STEPS Who will know that I have been detained? As soon as a British National is arrested and detained in Ecuador, the Ecuadorean authorities must inform the British Embassy in Quito or one of our Honorary Consulates upon the prisoner's formal request. However, we are frequently not informed within 24 hours. It is essential that you inform the British Embassy or Consulate as soon as possible after your arrest. It is your right to do so. You may also be able to make a phone call to the Embassy or to family (with a covering charge). What will my family be told? For confidentiality reasons we are not permitted to tell anyone that you have been detained or what the charges are without your permission. However, should you wish to inform your family, we can make contact with them through our colleagues at the FCO in London. We can give your family or next of kin advice on prison procedure, regulations, and how you are doing. We can also pass on any messages from you. What will the Consulate do? We aim to make contact with you within 24 hours of being notified of your arrest and visit you within 48 hours. In case they wish to transfer any money to you, we can tell your friends or family how to transfer money through the Foreign and Commonwealth Office (FCO). They can send up to £100 per month free of charge by sending a Postal Order, Building Society Cheque or Bankers Draft (pounds sterling only) payable to "The Foreign and Commonwealth Office". Any amount above £100 or a second payment within the calendar month will be subject to a charge. All prison funds should be addressed to: Accounts Receivable Foreign & Commonwealth Office Corporate Services Centre PO Box 6108 Milton Keynes MK10 1PX If you have dual nationality and are imprisoned in the country of your other nationality the British Consul cannot assist you formally, under international law. However, Consular staff will provide whatever informal assistance the local authorities will allow. Your relatives and friends can contact the above address for advice from the FCO in London. 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 appropriate, we will consider approaching the local authorities if you are not treated in line with internationally-accepted standards. Not protectively marked 6 Information Pack for British Prisoners in Ecuador Not protectively marked Would I have a criminal record in the UK? You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer. Not protectively marked 7 Information Pack for British Prisoners in Ecuador Not protectively marked PRISON CONDITIONS / SERVICES In this chapter you will find information on daily life in an Ecuadorean jail. Prisoners say that nothing is guaranteed as things can change on a whim, so the advice of more experienced prisoners, plus your own common sense, is essential. Arrival at prison When you arrive at the prison you will be supplied with 2 sets of uniforms (1 x shorts, 1 x jeans, 1 x shirt, 1 x jumper, 1 sport jogging pants and top) and a pair of shoes. A "toiletries kit” containing toothbrush, toothpaste, soap, towel, washing detergent, and sanitary towels for women is also supplied. An account will be opened for you in the prison shop called „Economato‟ where you can buy some snacks and basic toiletries. See „How can I receive money‟ section on page 8 for more details. If you have committed a drugs offence, see the „what happens when I am arrested‟ section on page 13 for more information about the arrest process and what will happen between your arrest and arrival at the prison. General prison conditions There are 31 prisons1 (known as rehabilitation centres) in Ecuador holding 25,000 prisoners. The main cause of overcrowding is the high rate of pre-trial detention and the lengthy delays in completing the judicial process. The government has therefore undertaken a reform of the judicial and prison systems aiming for more effective rehabilitation of prisoners. In December 2013, February 2014 and November 2014, new regional prisons2 in Guayaquil, Latacunga and Cuenca respectively were inaugurated, all of them with a completely new management model mainly focused on stricter security regulations and social rehabilitation programmes. Due to the new strict management policy, prisoners no longer have access to cash, cooking of their own food or private electric devices. However, more workshop areas are being implemented. The above brand new prisons have replaced the old prisons in Quito, Latacunga, Cuenca, Loja and other cities. At the moment, only Latacunga and Cuenca regional centres are holding female prisoners. Current changes in place, under the new prison management model: The new model mainly aims to avoid violence, corruption and extortion, through strict security regulations. Each cell (in minimum and medium security) has capacity for 6 inmates (3 bunk beds). Each cell has a toilet and wash basin. Showers are mostly separate and shared (except from the maximum security male cells and the female cells). Hot water is rarely supplied. A laundry and drying service is provided twice a month. No razors are allowed but barbers are provided twice a week. 1 63 centres: amongst “rehabilitation centres” (prisons), remand prisons, juvenile centres and early-release shelters. “Centro de Privación de Libertad Zonal 8 Regional Guayas” in Guayaquil (main coastal city, at about 7-8 hours drive from Quito or 45 minutes flight) ; “Centro de Privación de Libertad Zonal Regional Cotopaxi” in Latacunga (in the south of Quito, at about 1.5 hour drive); Centro de Privación de Libertad Regional Azuay in Cuenca (Turi – in the south of Ecuador, at about 7-8 hours drive from Quito or 45 minutes flight). 2 Not protectively marked 8 Information Pack for British Prisoners in Ecuador Not protectively marked Prisoners are confined to their cells for around 11 hours a day, from 18h00 to 06h00. They are only out of their cells twice a day, for 2 hours each time. When more workshops are installed, the time allowed outside the cells may be longer. How can I receive money? At the new prison management model cash is no longer accessible, so in principle there should not be any extortion. There is a prison shop in place called „Economato‟ which allows a monthly deposit to be made on your behalf. You can access the shop during fixed times and find out how much credit you have, and purchase snacks and basic toiletry items using your credit. This system is in place to avoid the need for any cash circulating in the prison. The monthly prison shop limit is approximately between $20 - $40 USD, and this varies according to your security level (Minimum/medium/maximum security). Minimum security prisoners usually have a higher monthly limit, and in some cases women are allowed a higher monthly limit for the purchase of sanitary items. Prisoners Abroad (see page 26) can help prisoners who have no other financial support, by sending a monthly grant via the Embassy. This is used mainly for deposit into the prison shop, but in exceptional circumstances could be used to purchase other small items such as toiletries, only with permission from the prison. Let the Embassy know if you need this support, or write directly to the Prisoners Abroad caseworker for Ecuador. If family wish to send money to you for use in the „Economato‟ prison shop, they can send this via the Embassy, and the Embassy will make the deposit in the shop for you. Your family should contact the Foreign Office in London and a caseworker will explain to them how they can deposit funds. Please see the „Food and diet‟ section for more information on Economato prices and list of items. Can I work in prison? The new prison management model is aiming to offer prisoners more activities, through activity workshops such as woodwork and painting. However this is still in a transitional phase. The workshops are well equipped but limited places are available and demand is high. There is the possibility of future paid work being available inside prisons, but this is still under discussion and is not in place yet. Can I receive medical and dental treatment? The Ecuadorean Ministry of Justice and Human Rights signed an agreement with the Ministry of Health in 2013, putting them completely in charge of prison healthcare, which involves the implementation of health attention units (level 1) inside each prison´s wings. This agreement, aiming to improve free healthcare for prisoners, also entitles the Ministry of Health to appoint the necessary doctors for each prison (including a prison coordinator), as well as to arrange the supply of basic medication (via a pharmacy inside each new regional prisons) and the installation of basic medical equipment. However, this is still in the implementation phase, especially at the old prisons. Not protectively marked 9 Information Pack for British Prisoners in Ecuador Not protectively marked The above agreement aims to set out a preventative healthcare programme inside all prisons, and opening a medical history file for each prisoner, even those with no current health problem, so that they can keep track of any treatment received while in prison. If you need medical or dental treatment you should ask to see the prison doctor or dentist. Depending on the number of patients, you may either be assisted the same day or within a few days. It is unlikely that you will be treated by a doctor who speaks English. If medicine or a specific treatment (serious illness or need for regular medication/tests) is not available at the prison, in principle the coordinating doctor will arrange an appointment at one of the nearest public hospitals with better facilities in place. The prison authorities and coordinating doctor will also arrange a security escort. If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from your doctor in the UK. Your UK doctor can send the report via the Embassy, addressed to you. Food and Diet There is a provision of food within the prison. Prison food („rancho‟) is free but may not be sufficient to fulfil your dietary needs. You would need funds to pay for supplements to your diet, which can be bought from the prison shop. The 'rancho' is supplied 3 times a day. The prison food has been transferred to private catering companies. The “rancho” typically contains a combination of soup, rice, beans, potatoes, eggs, spaghetti, and chicken/meat. Most British prisoners have commented that they cannot live on the “rancho” alone. Prisoners Abroad can supply prisoners with vitamin supplements, if requested. In general, at the new prisons, vitamins have been authorised by the prison´s doctor. The new prison model will allow only the „rancho‟ food, prisoners are no longer able to cook for themselves as they could in the old prisons. However, basic snacks can be bought from the prison shop „Economato‟. Approximate prices of items in the Economato shop (US$): Coke (fizzy drinks) Water Crisps Biscuits Chocolate cake Yogurt with cereal Yogurt Jelly Flavored Milk Nectar Juice Limonade/Orange Sweet packs Chewing gum (0.45 bottle - 0.75 for 1.5 litre) (0.20 per 500 cc bottle) (0.35-0.50) (0.25-0.50) (0.45-0.55) (0.80) (0.60-0.90 for 250/500cc) (0.60) (0.70) (0.77) (0.45) (0.50) (0.40) Toiletries Toilet roll paper Tooth paste Tooth brush (0.28) (1.10) (0.95) Not protectively marked 10 Information Pack for British Prisoners in Ecuador Not protectively marked Shampoo Deodorant Soap (0.25) (0.30) (0.95) Mail/Parcels Friends and family can send mail to the Embassy and we deliver to the prison during our quarterly visits. The Embassy is not able to forward mail on your behalf back to the UK. All letters are opened and checked by prison staff before they are given to prisoners. Mail cannot be sent directly to the prison from the UK since there is no postal system in the prison. The UK charity Prisoners Abroad can provide you with pre-paid international envelopes, so that you can send post (letters only) to friends or family in the UK. Embassy staff can give you these envelopes during their quarterly visits. Delivery of parcels is no longer permitted in the new regional prisons, due to the new prison management model and security restrictions. Delivery of letters may be allowed, but they may have to be opened, which does not guarantee the privacy of the content. We will reply to your written correspondence within our target of 20 working days (excluding postage time), but only if your correspondence is of what we consider to be a “serious nature”, e.g. if you have a serious health issue for which you need our help or if you have serious concerns for your safety. Please raise any issues with us during consular visits or by calling us. Unfortunately we are not longer allowed to call you given that the public telephone booths inside the prison do not accept incoming calls. Can I have a radio, CD player, cassette player and television? These items are no longer allowed in the new prison management model prisons. Cells and common areas do not have plug sockets installed. Instead, a communal TV, DVD and CD player have been supplied and are centrally controlled by the prison authorities. Can I make telephone calls? Guayas and Cotopaxi new regional prisons have telephone booths installed. However, calls are still monitored by the prison authorities. You are usually allowed to make 2 calls per week on specific dates. You can buy a telephone card (with pin number) from the prison shop. Plans are to use an internet-based video-call system (similar to Skype) for foreign prisoners and also for court hearings, but this is still being reviewed. What is there to read? Most prisons have some English books and other reading materials in their library, including the brand new regional prisons. British citizens living locally, tourists, the Embassy and Prisoners Abroad make donations of English language books/magazines to prisoners. Books are the only items which may not need strict permission to be sent to you at the regional prisons under the new prison management model. Leisure and entertainment Learning the language: Speaking Spanish will help you understand what is going on, communicate your needs and also ease the boredom and mental isolation of prison life. The Embassy can provide you with photocopies of a Spanish self-learning book. Not protectively marked 11 Information Pack for British Prisoners in Ecuador Not protectively marked The Ecuadorean government is aiming to reform the whole penitentiary system and provide all detainees in Ecuador with education, healthcare, leisure activities and communication with families. Therefore the new regional prisons are designed to have well equipped workshops and activities, although most of these are still being implemented. In the “patio” or on the exercise yard, prisoners play sport such as football, volleyball and basketball. In the women´s prison aerobics is very popular. Drugs Despite the local authorities´ efforts, drugs are still freely available within old Ecuadorean prisons, and are allegedly becoming available in the new prisons. Do everything you can to find other ways to cope with life in prison and avoid consuming drugs. Not only will drug consumption further weaken your health, but drug taking very often results in the creation of personal debts with other prisoners. These debts will attract accelerated rates of interest and if not paid off, could result in serious verbal and physical harassment. Through the new prison management policy, the local authorities are aiming to completely control this problem. In the new regional prisons they have therefore strengthened the medical assistance for drugs “withdrawal” symptoms. How can I complain about mistreatment? If you feel you have been a victim of mistreatment by prison staff or another inmate, you should contact the Embassy. We can raise the issue with the Ministry of Justice and Human Rights, and the prison authorities. We will only do this with your consent, and we will agree with you what information you are happy for us to share. In principle, you will also need to submit an official denunciation in writing, providing as much detail as possible, so that your claim can be initially investigated by an intelligence unit within the prison, which is part of the Ministry of Justice and Human Rights. Depending on the case, the district prosecutor (fiscalía) will then be requested to open an inquest and investigation. The Embassy can help you follow up on progress of this investigation. If necessary, and only with your consent, we can ask the authorities to move you to a different part of the prison for your protection. However, given that this is at the discretion of the prison authorities, we cannot guarantee that our requests will be approved. VISITS As described in the „Food and Diet‟ section, under the new prison regime, deliveries of funds will be only allowed through a standard monthly deposit system, into the prison´s shop. How do my family and friends arrange a visit? The new management regime prisons in Guayaquil, Latacunga and Cuenca have implemented a new visit system. Prisoners should register their intended visitors with the prison officials in advance. Authorised visitors will then be granted a visiting date and notified by call and SMS. Visits will be run in groups from 08:00 to 15:00. Visitors can stay for a maximum of one hour. Family visits are very structured. Maximum 2 adults and 1 child per visit, who are not allowed to bring in anything, except one bottle of water. We advise your family to contact us well in advance so that we can inform the prison authorities and provide assistance in the visiting arrangements. Consular officers may be able to accompany your family during their first visit to the prison; subsequent visits by your family will be unaccompanied. Not protectively marked 12 Information Pack for British Prisoners in Ecuador Not protectively marked How many visits am I allowed? Visits per month are related to the security level wing in which you have been placed: Minimum Security: 3 family members; 1 conjugal Medium Security: 2 family members; 1 conjugal Maximum Security: 1 family member, 1 conjugal Consular visits Consular staff from the Embassy hope to visit you every 3 months. In the new regional prison in Guayaquil, our Honorary Vice Consul will accompany the quarterly visit. You will be taken to the prison visiting area. Other types of visitor Priests and representatives from local church groups or non-government organisations visit the prisons. However, from now on they may need to get a special authorisation to undertake their regular visits. Occasionally the Embassy is approached by British and other foreign volunteers, wishing to visit people in prison in Ecuador. We would always seek your verbal or written consent for someone to visit you before giving them any information about you. What can a visitor bring? In old prisons, visitors can bring „prison comforts‟. All bags and parcels are searched before entry and the authorities have the right to withhold items they consider unacceptable. However, at the new regional prisons visitors are only allowed to bring one bottle of water. There is a locker area at the entrance of the prison, so that visitors could leave their belongings. What can the Embassy buy for you and what is allowed in prison? The new regional prisons in Guayaquil, Latacunga and Cuenca do not allow any items to be brought inside. Therefore, the Embassy is no longer allowed to buy things for you. Only some medicines may be permitted, as long as there is a prescription supplied by the prison´s doctor and prior authorisation. Not protectively marked 13 Information Pack for British Prisoners in Ecuador Not protectively marked THE ECUADOREAN JUDICIAL SYSTEM (This section also covers APPEALS, REMISSION, PAROLE, CLEMENCY AND TRANSFER) The Embassy/Consulate cannot interfere with the Ecuadorean Judicial system. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties. Below you will find more information about the Ecuadorean judicial system. Is the system the same as in the UK? In short, no, although on the face of it there are many similarities. Prisoners are presumed innocent until proven guilty; they have a right to a legal representative, an interpreter, fair trial and appeal. However there are fundamental differences. For example, there is no jury system and judicial processes are not always correctly followed and can be very bureaucratic. As of 5 September 20113, there are some reforms taking place in the Ecuadorean judicial system. This currently means that more funds should be allocated to improve the efficiency of the system, including by appointing new staff and judges, building new courts and other judicial building, and buying more equipment to help speed up the process. Reforms are aimed to be achieved by 2015. What happens when I am arrested? Quito (Under a drug offence) If you are arrested at the airport you will initially spend some time in a police cell. Police should read the charges and your rights. Whilst you are there police will usually gather evidence and interrogate you. You will be taken from the airport to cells in the Anti Narcotics Police Station, in the north of Quito, where a state prosecutor will start the first phase of investigation. Although the law states that you are allowed to immediately appoint a lawyer and interpreter, in the case of drug offences, this will only be permitted shortly before giving your statement. You have the right to remain in silent until you get a lawyer and proper legal guidance. You should also ask for some time and privacy to speak alone with your lawyer (or public defendant) to brief him/her on the circumstances of your arrest before you give your initial statement or deposition before the Prosecutor. You will then be placed on remand. Remember, you should never sign anything you cannot read. If you find yourself under pressure to sign, ask to speak to the British Embassy. You will usually remain in the police anti narcotics cell for at least 4 days. Under Ecuadorean law you should be taken straight to the remand prison once the judge has submitted a detention order. In reality you can be held in police cells for a longer period as this depends on space availability in the remand prison (called the CDP: Centro de Detención Provisional). 3 A “state of emergency” was declared on 5 September 2011 due to the huge number of delayed judicial cases and inefficiency. Not protectively marked 14 Information Pack for British Prisoners in Ecuador Not protectively marked In both places, you will share a cell with possibly several people. You may have access to your belongings, but this depends on whether the police consider them as evidence. If considered as evidence you will not be allowed to keep your possessions. In principle, all seized belongings will be listed in the arrest report. Your passport and other identification will be taken away. These can be difficult to retrieve afterwards, although we will try and get them back, since your passport is officially property of the British Government. In some instances you will not give a statement until you are moved from the police station. It all very much depends on the availability of judges, lawyers and interpreters, and the speed at which the police investigate your case. According to Ecuadorean law, a detainee cannot be interrogated without having the assistance of a private or public lawyer (and a translator for foreign detainees). The police will arrange a public hearing before the judge and prosecutor within 24 hours of your detention. MEN The men‟s CDP is located in the north of Quito (“El Inca” area). All male prisoners pass through this unit and it can be overcrowded. You could spend anywhere between 1-3 weeks in the CDP depending on whether there is space available in the main prison. Under the 2009 prison system reform, now remand and sentenced prisoners are segregated. Those male prisoners on remand will then be transferred to the new regional prison in Cotopaxi (Latacunga), located in the south of Ecuador. There are basic clothes washing and cooking facilities. There is a public phone, but there are usually long queues and calls are not free. It is not possible to receive calls in the CDP but in principle visitors are permitted once a week. WOMEN Given that the former remand prison was closed, women detainees are transferred straight to the Latacunga regional prison, in the south of Ecuador. Guayaquil CDP - GUAYAQUIL MEN / WOMEN All prisoners pass through this unit and it can be heavily overcrowded. Very basic clothes washing facilities are available. MEN The former “Penitenciaria del Litoral” was the main male prison until 2012, when new wings were built under a pilot project and prisoners were gradually moved since 2012. However, on 2 December 2013, the brand new “Regional Guayaquil male prison” (Centro Penitenciario Zonal 8 Guayas) was officially inaugurated, and 3600 detainees were transferred from the old prison. This prison segregates prisoners into the high, medium and low security wings. The new construction projects have been led by the Ministries of Justice and Interior. A new prison management system is being applied, including a new visiting system, which involves a previous registration system by intended family members and/or friends, who will be given a certain date and time. The other main changes are related to money and food access. Prisoners are no longer allowed to carry cash. Funds will be deposited at the “economato” (prison shop). Cotapaxi Located in Latacunga, in the Cotopaxi province in the south of Ecuador, at about 1.5 hours drive from Quito. This new regional prison accommodates all those detainees (men and Not protectively marked 15 Information Pack for British Prisoners in Ecuador Not protectively marked women) who were serving their sentences in Quito and other provinces located in the northcentre Andean area. On 30 April 2014, all remaining prisoners from the main male prison in Quito were transferred here. This new prisons has 3 pavilions, and each one is composed by 6 wings. Its maximum capacity is for 4,800 inmates, and it will be managed under the new prison regime, which means more security regulations and restrictions in place. Outside the main cities - you will usually be held in a local police station and moved to the nearest large prison once evidence has been gathered, charges pressed and a statement taken. Azuay Located in Cuenca, in the Azuay province in the south of Ecuador, at about 7 hours drive from Quito or 45 minutes flight. This new regional prison was opened on 18 November 2014, and will accommodate all those detainees (men and women) currently serving their sentences in Cuenca and other provinces located in the south-centre Andean area and Amazon region. This prison will have capacity for 2,740 inmates and it will be also managed under the new prison model. For how long can I be remanded in custody? According to the law, the remand period, in which the state prosecutor leads the investigation of your case (“instrucción fiscal”), should not exceed 90 days. After the 6-day preliminary investigation phase, the prosecutor has a maximum of 6 days to reach a judgement. However, the state prosecutor can request an extension of a maximum of 6 days to complete the investigation. In the event of evidence arising to indicate that other people are involved in the case, an extension of 30 more days can be granted. During the preliminary investigation phase, you can submit some certificates from the UK, stating your good behaviour through no police records and employment certificate, if applicable. These certificates can be taken as “atenuantes” which means favouring for a lower sentence. All certificates must be legalised back in the UK and translated into Spanish to enable legal validity in Ecuador4. Time served on remand will be counted as part of your sentence. Except from the bran new regional prisons, you will be able to wear your own clothes and will not be expected to work, but you can take part of some of the prison activities/workshops. You can receive visitors. What happens when I am charged? You and your lawyer will be notified immediately once the prosecutor has made their judgement. According to the law, a preliminary hearing before a Judge should take place within 10 days of the judgement. At this hearing the prosecutor defends his/her judgement. At this point, all parties can also present more evidence. Immediately after the hearing, the judge should announce his decision. A maximum delay of 72 hours is permitted before the Judge announces his verdict. In practice, this does not always happen (it is often much longer). After the above initial phase, the next stage of the trial begins before the court (tribunal). Until September 2006, you may have waited months for a first court hearing and could have waited for more than a year until you were sentenced5. From 23 October 2006, the “temporary detention” law6 was brought back, in which any prisoner not sentenced within a year is entitled to be released but would still be under investigation until his/her case is 4 Ensure that your lawyer includes the good behaviour and other documents also in the Tribunal court hearing file. Through the former “indefinite detention” ruling (“detención en firme”) which was then found unconstitutional. 6 “Caducidad de la prisión preventiva” (under Article 24.8). Release is only possible if a prisoner and/or lawyer has not delayed his/her judicial case on purpose (for instance, by not attending the court hearing). 5 Not protectively marked 16 Information Pack for British Prisoners in Ecuador Not protectively marked completed. In principle, foreign inmates are released by restriction order and cannot leave the country until the trial is over. Therefore, the Immigration authorities will be notified. What provision is there for bail? There is no provision for bail for foreigners. What kind of legal assistance is available? Consular staff cannot give legal advice, but they can provide you with a list of lawyers. You can hire a lawyer for yourself at any time after your arrest; a list of lawyers for Quito and Guayaquil is included in this information pack. Normally, if you hire a private lawyer she/he will ask for a cash advance on his/her estimated legal fees before she/he will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them. If you cannot afford a private lawyer you can apply at any time for a public defendant. The Court must appoint a Legal Aid/Pro Bono Lawyer (Public Defendant/Defensor Público) if you do not have funds to hire a private lawyer and you are charged with a felony. Pubic Defendants are free of charge but they rarely speak English and their ability varies. However, they are providing an efficient service and the number of defendants have been further increased7. They usually visit most prisons on a weekly basis, in case prisoners need their services. At the regional prisons they have implemented a small office for Public Defendant lawyers (“Defensoría Pública” unit). As in any country, some lawyers are better than others (paying a large fee does not guarantee that you will get a good lawyer). Once a lawyer is identified, ensure to get his/her full name and a business card. If you do decide to pay for a lawyer, it is wise to agree a flat fee for the whole case before they begin work or you may find yourself facing “extra expenses”. Make sure also to get a receipt of any payment and a commitment to keep you informed about the stage of your case, by providing you with copies of the judicial process. Advice from ex-prisoners is to talk to other prisoners when appointing a lawyer, as they often know which lawyers to avoid and what hidden costs there might be. What happens at the trial? There is no jury system in Ecuador. Trials are heard by the judge, the court (usually made up of three legal representatives), the secretary of the tribunal (court), the prosecutor, the lawyer, the accused, and the translator/interpreter. It is compulsory that all the above are present at the court hearing, otherwise it will be delayed. All documents related to a case and further evidence must be submitted to the president of the court. The trial will be heard in Spanish. The Court is responsible for arranging the appointment of an interpreter. Consular staff cannot act as interpreters. Sentences A new Integral Criminal Code reform8 was approved by the National Assembly at the end of December 2013, but only came into effect in August 2014. After the court hearing, a sentence is given by the secretary of the court. For all drugs trafficking and possession offences, a sentence must be reviewed (called the “consulta” 9) by 7 At the beginning of 2008 the new government allocated more pro bono lawyers (public defendants) to help speed up pending legal cases with the aim of reducing prison overcrowding. 8 Código Integral Penal – COIP. 9 The Provincial Court of Justice could either confirm, reduce or increase a preliminary sentence passed by the Tribunal. Not protectively marked 17 Information Pack for British Prisoners in Ecuador Not protectively marked the Provincial Court of Justice. This is still a slow phase which could take at least 6-9 months, and after this your sentence may be increased or decreased, depending on the final decision made in the „consulta‟. You may then appeal any decision, with the help of your lawyer or public defendant. Unfortunately the new criminal code reform did not discontinue this step which has been causing serious delays to all drug offence cases. In certain circumstances, a drugs crime may be eligible for the „proceso abreviado‟ (abbreviated process) meaning the „consulta‟ period is skipped and you receive your final sentence in the first court hearing. This usually applies to drugs crimes involving smaller quantities of drugs, when there are not other people involved, and you are caught committing a „delito flagrante‟ (flagrant crime) meaning you are caught with the drugs in your possession. However, even if your case seems to meet these circumstances, there is not guarantee you will be sentenced under the „proceso abreviado‟ and you may still have to go through the „consulta‟ process. A maximum of 5 grams of cocaine is allowed for personal consumption. Anything over this amount is considered an offence and therefore can attract charges: - A new Law on Narcotics Control, run by CONSEP10, is linked to a new drugs offence sentence table, published in August 2014, which provides consistent charges11. The above reform is part of the new criminal integral code (Código Orgánico Integral Penal – known as COIP), which came into effect on 10 August 2014. New charges table: 2 to 6 months for small-scale drug possession/trafficking; 1 to 3 years for medium-scale; 5 to 7 years for high-scale; 10 to 13 years for very high-scale drug possession/trafficking How can appeals be made? The accused has the right to appeal their sentence to the Provincial Court of Justice through their lawyers and together with the “consulta” process. However, the appeal process is very slow and can lead to delays in finalising a sentence. 10 CONSEP – Consejo Nacional de Control de Sustancias Estupefacientes y Psicotrópicas (National Council for the control of narcotics substances). 11 Artículo 220 COIP – Categorización para el tráfico ilícito de drogas (drug trafficking classification table – based on the type of traffic and offence and the type of drug (heroine; cocaine; cocaine paste; marihuana; MDA; extasis, etc) Not protectively marked 18 Information Pack for British Prisoners in Ecuador Not protectively marked There are further “appeals” and “casacion” and finally “revision” (revision), the last two before the National Court of Justice which can be just as slow. In spite of the fact that the new criminal code (COIP) is not retroactive, prisoners already sentenced may have the chance to ask for a “recurso de revision” (appeal for review) aiming to have their sentences reduced in accordance to the new regulations, given that there is a “most favourable” article in place12. This article states that „when two laws are in conflict and imply different sanctions for the same crime, the most favourable sanction will be applied‟. Therefore if you were sentenced under the old law before the introduction of the COIP, your sentence may be reduced in line with the new COIP regulations, if they are more favourable to you. Under the new criminal code, all sentences will be revised by the “Juzgados de Garantías Penitenciarios” from the location where prisoners are serving their sentences. Following a hearing, the judge will apply the “principio de favorabilidad” which aims to reduce the original sentence. The “Defensoría Pública” (public defendants unit) have been providing assistance on this process, by gathering all required documents in conjunction with the Embassy´s consular section, aiming to speed up this procedure. What provision is there for reduction of sentence (remission) e.g. for good behaviour? A remission scheme, based on prisoner good behaviour and participation in the prison activities and in educational programmes, was approved by the Constituent Assembly on 24 July 2008. This has allowed prisoners to reduce their sentences by up to 50%. This reduction scheme is not a straightforward benefit as prisoners have to earn it through “merits”13. Within the regulations, a prisoner needs to have a final and enforceable sentence and enough good behaviour and activity marks, which will be evaluated by the education and diagnosis departments of the prison. If all requirements are fulfilled, including half of the sentence having been already served, the prison authorities will send the remission scheme petition file for an assessment and decision process. As of beginning of 2014, the court judges are in charge of assessing remission petitions. Foreign prisoners released under this benefit are expected to be deported when unconfined from prison. With the new criminal code (as of 10 August 2014) the merit system will be suspended for remission purposes due to alleged new and more adequate sentences. However, the merit system will still be applicable for other benefits, such as provisional early release and conditional freedom. What provision is there for early release e.g. on parole? a. Once prisoners have completed two fifths of their sentence they can apply for „prelibertad’ (provisional “early release’) which is very like parole. This is a very bureaucratic process and it is subject to many conditions: Certificate stating that the prisoner has already served 2/5 of their sentence; Prisoner‟s application to the director of the prison requesting “pre-libertad”; Certified copy of trial papers; Certified copy of final and enforceable sentence; Good behaviour report from the prison director; Legal (juridico) report 12 Article 20 – COIP – “principio de favorabilidad” - En caso de conflicto entre dos leyes de la misma materia que contemplen sanciones diferentes para un mismo hecho, se aplicará la menos rigurosa 13 “Sistema de rebajas por méritos” Not protectively marked 19 Information Pack for British Prisoners in Ecuador Not protectively marked Social, medical/ psychological reports; Educational and other prison activities report Risk assessment report Certificate ruling out any intention of escape; Notarised contract of employment; (which will be previously inspected by a social worker) Accommodation certificate confirming that the prisoner will remain in Ecuador during the period of 'pre-libertad'. “Pre-libertad” must be served in Ecuador: A prisoner can remain outside the prison during the whole week but is allocated during the weekend in an “early release shelter” known as “Casa de Confianza”. Regular “behaviour reports” will be submitted. The prison´s diagnosis and evaluation department is responsible for issuing the required certificates into an application file. You will have to submit an official petition addressed to the prison director, to be included into your file. Following an initial assessment process and the prison director‟s agreement, your file will be sent to the Ministry of Justice and Human Rights headquarters in Quito to be passed to the relevant court judge in charge of your judicial case. The judge will make an official decision. You do not need a private lawyer or a public defendant for applying for this benefit. Repeat offenders are not entitled to this benefit scheme. Before April 2007, it was difficult for foreign prisoners to qualify for “pre-libertad” (provisional early release) given the accommodation and employment requirements. It was hard to convince a judge that a foreign prisoner would remain in Ecuador while they served the remainder of their sentence. However, this benefit is currently considered as another way to alleviate the overcrowding in the prisons. If a “pre-libertad” application is denied, the prisoner has to wait 6 months to re-apply. b. Once prisoners have completed three fifths of their sentence they can apply for „libertad controlada’ (controlled freedom). The first requirement is to have a good conduct record and the willingness to resettle. This is a much stricter process as prisoners on this benefit will no longer be requested to spend some days at the “Casa de Confianza”. The prison director is in charge of the assessment and clearance process of this benefit, through the diagnosis and evaluation department, in which the District Prosecutor will be responsible for resolving the petition. A British prisoner out of prison on “provisional early release” or “controlled freedom” benefits will not get money from Prisoners Abroad. In addition, consular staff from the British Embassy will not be able to pass on “prison comforts” (e.g. money that family has sent) and will no longer be able to visit. If a British prisoner has one of the above benefits in progress, the UK authorities would not consider the Prisoners Transfer Agreement (PTA) any further. Prisoners must be serving a custodial sentence with a minimum of 6 months remaining for PTAs to be considered by the UK. What provision is there for clemency or pardon? Application for amnesty or pardon may be made to the National Assembly. However, those convicted of crimes such as torture, terrorism, and 'heinous crimes' including aggravated Not protectively marked 20 Information Pack for British Prisoners in Ecuador Not protectively marked homicide, aggravated rape and robbery resulting in death are not eligible for amnesty/pardon. It is possible to apply for clemency only on medical grounds and if a prisoner falls terminally ill whilst in prison in Ecuador. But this is a long process. Firstly the UK Secretary of State for Foreign Affairs has to support the clemency plea. Then a request for clemency is made by the British Ambassador to the Ecuadorean Ministry of Foreign Affairs, after which an application for clemency has to be approved by the Ministry of Justice. Otherwise, terminallyill prisoners may apply directly to the Ministry of Justice and Human Rights, which can be a much quicker process. On 3 July 2008, the Constituent Assembly approved a pardon benefit to all prisoners who are not repeat offenders, caught with a maximum 2 kilos of cocaine (net weight) and who had already served 10% of their sentence14. The Ministry of Justice and Human Rights estimates that 6% of the prison population were released under this benefit15. Foreign prisoners released under this benefit were deported under the Ecuadorean Immigration Law. Despite some rumours, another pardon benefit is not likely to be granted by the government. What about any financial penalties? The Narcotics Control Law, run by CONSEP (National Council for the Control of Narcotics Substances), states that for drug trafficking, drug possession or transport offences, imprisonment from 1 to 13 years will be imposed, plus a financial fine of between 60 to 8000 minimum salaries (a “minimum” was calculated in US$4). CONSEP´s budget to fund its drug control programme is primarily sourced from this fund. An average amount between US$240 (60 salaries) to US$4,000 (1000 salaries), but with an extreme fine of US$32,000 (8,000 salaries). However, there are no set criteria on how the fines are calculated, or any correlation to the number of years sentenced as it is entirely up to Judge to decide. In addition, following the application of the new criminal code, the new minimum salary amount has been increased by $340 which is the actual minimum wage in Ecuador, which means much higher fine amounts. In spite of the fact that the new criminal code reform does not state that a fine will be waived automatically, the waiving of a drug sentence fine could be granted only for repatriation purposes, through the Ministry of Justice and Human Rights (see, Prisoner Transfer Agreement pages 24-26). Is transfer to another prison within Ecuador possible? Yes, if the Ecuadorean Ministry of Justice and Human Rights (Social Rehabilitation UnderSecretary) and local prison directors authorise the transfer. If you have been convicted you will be allocated to a prison to serve your sentence, you will not be able to choose. In principle, transfers to other prisons are only permitted when there are exceptional compassionate, medical or safety reasons for doing so. If you are interested in a transfer, please speak to the Embassy who can raise a request in writing, on your behalf, with the prison authorities. However, it will be up to them to decide whether an official request is feasible for a transfer. 14 15 This pardon benefit is no longer valid as it was a one-off benefit to alleviate overcrowding in the prisons. Between 2008-2010, 2179 prisoners were released under this benefit. Not protectively marked 21 Information Pack for British Prisoners in Ecuador Not protectively marked Is transfer to the UK a possibility? Yes, if all parties agree. Ecuador ratified the Strasbourg Convention under which transfers are possible to the UK. The convention came into force on 1 November 2005. A prisoner should submit a written petition for transfer (translated into Spanish). Transfers can only take place if prisoners have a “final and enforceable sentence”, support from the relevant authorities in Ecuador and the UK. Please see pages 24-26 for further information on transfer to the UK. What are the procedures for release and deportation? Once the release warrant has been issued by the relevant Criminal Court, the Director of the Prison submits the order to the “Juez de Contravenciones”, which is responsible for deportation. In theory, prisoners are not allowed to stay in Ecuador after release. However, the judge should arrange a hearing in order to authorise or refuse a request for deportation. At this stage, the prisoner (and/or lawyer) could present a bid to remain in Ecuador, usually on humanitarian grounds (if family links, especially a child). Prisoners should have a passport and air ticket before arranging deportation16. If the above documents are not available, the court will submit a remand detention order until the detainee gets all required documents to leave the country. From mid-January 2011 the Immigration Directorate and the Ministry of Justice and Human Rights authorities hired a local hotel in Quito to accommodate up to 100 foreign detainees at the government´s cost. The main purpose of this initiative was to improve the conditions of foreigners waiting for their deportation. The police would provide security measures through guards at the hostel, and the ministry would pay for accommodation and food. Following an official resolution of 30 March 2011, the Ministry of Interior´s Direction for Protection of Rights is now in charge of the “deportation - Hotel Carrion” in the north of Quito and is also responsible for coordinating and processing all deportation cases (i.e related to prisoners who have completed to serve a sentence in Ecuador; prisoners who have been released under the “merits” remission scheme, and/or those foreigners who have overstayed in Ecuador). In principle, foreigners waiting for their deportation outside Quito are also being transferred to this hotel until their deportation process is completed. The process is likely to take around a month, depending on individual cases. If you have already a valid passport the process may be quicker. Otherwise you can apply for an emergency passport (ETD) from the British Embassy, at a cost, to enable to be deported back to the UK. Prisoners detained after the new criminal code was implemented (10 August 2014), and receiving a sentence under 5 years, will not be deported at the cost of the Ecuadorean government. Once the sentence has been served, they will get a release warrant and they will be responsible for arranging their own return home. In these circumstances prisoners often need any remaining Prisoners Abroad funds (if applicable) or funds to be sent from family/friends in order to cover their immediate food and accommodation costs in Ecuador before they can fly home. If these circumstances apply to you, it would be worthwhile starting to think about how you will cover the cost of your plane ticket once you are released. 16 The Ecuadorean State did not pay for deportation, as the same person waiting for deportation had to cover the airfare and other related expenses. However, as of end March 2011 the Direction for Protection of Rights at the Ecuadorean Ministry of Interior is responsible for processing deportation cases and for covering related costs, including the airfare for police escort if necessary. Not protectively marked 22 Information Pack for British Prisoners in Ecuador Not protectively marked THE BENEFITS SYSTEM IN ECUADOR FACTSHEET FOR PRISONERS The “benefit” system in Ecuador is similar to parole in the UK. The advantage of being released on benefits is that you would be outside of the prison, for at least some of the time, until you have served the remainder of your sentence. The benefit system usually works quite well for Ecuadorean prisoners, however being released on benefit can be difficult for foreigners. If you are told that you can apply for benefit, it is up to you whether you decide to do so. However, there are some important issues that you should consider. What are the problems with being released on benefit? Some foreign prisoners have experienced problems when released on benefit. Before deciding whether to apply, you should be aware that, if released on benefit: How does the benefit system work? Prisoners can apply for “benefit” according to how much of their sentence they have served (see box below). Foreign prisoners are much less likely that Ecuadoreans to be released on benefit, so your application might be refused. The British Embassy cannot ask the Ecuadorean authorities to offer you benefit if you are not entitled to it. You do not need any private lawyer or a public defendant to apply for a benefit. Instead, you will have to approach the prison´s diagnosis and evaluation department and you will have to submit a petition to the prison´s director: Prelibertad (provisional early release): a prisoner who has served 2/5 of their sentence (40%) and has a record of good conduct and who can live outside the prison. You must comply with basic rules such as having a job and accommodation in place. These will be previously inspected by a social worker. The assessment and authorisation process is in charge of the relevant court judge. Libertad Controlada (controlled freedom): a prisoner who has served 3/5 of their sentence (60%) and has a good conduct record. Some of the requirements are a job and accommodation arrangements in place. The assessment and authorisation process is in charge of the District Prosecutor. Not protectively marked You may not be able to find a well-paid job to cover all your basic needs, including your house/flat rent. You will not get money from Prisoners Abroad. The British government will not be able to give you financial support. Consular staff from the British Embassy will not be able to pass on “prison comforts” (e.g money that your family has sent you) free of charge. Consular staff from the British Embassy will no longer be able to visit you. You may not get your passport back from the Ecuadorean authorities, so you will not be able to leave the country. What happens to Prisoner Transfer Agreement (PTA) in progress? If a prisoner is out of prison on benefit in Ecuador and has a PTA in progress, the UK authorities would not consider the PTA any further. Prisoners must be serving a custodial sentence with a minimum of 6 months remaining for PTAs to be considered in the UK. The information contained in this sheet is not meant to be a definitive statement of the law, nor is to be taken as a substitute for independent legal advice. 23 Information Pack for British Prisoners in Ecuador Not protectively marked TRANSFERS TO THE UK Why should you transfer? You would be able to serve the rest of your sentence closer to your family and friends. You would also be in an English speaking environment, and be able to take advantage of the courses available in British prisons aimed at preparing you for release. How are transfers arranged? The UK Government has signed international agreements that allow British prisoners to be transferred from certain countries to the UK. STRASBOURG PRISONERS TRANSFER AGREEMENT - PTA Strasbourg Convention signed by Ecuadorean President Palacio on 27 June 2005. Ratification to the European Council, in Strasbourg, was submitted on 12 July 2005. The agreement came into force on 1 November 2005. The Supreme Court of Justice asked for another entity to be in charge of the agreement. In April 2006, the Technical Juridical Department of the Ministry of Foreign Affairs (MFA) was officially appointed as the new entity in charge of processing transfer petitions. In 2009, the Ministry of Justice and Human Rights (Foreign Affairs Unit) was appointed to process transfer requests. Local Requirements under the Strasbourg Prisoners Transfer Agreement: Prisoner needs to have been sentenced: Judgement must be final and enforceable Prisoner's consent for application (in writing and in Spanish) Prisoner's Nationality to be certified (either through passport or through a notarised certificate) Certificate submitted by the Director of the prison stating how long has the prisoner been detained and how much more of his sentence remains to be served. Any benefit granted would need also to be taken into account. Further medical, psychological, social, educational and legal certificates issued by the prison. With the sentence, a fine is also imposed. This amount needs to be paid to Consep (National Council for the Control of Narcotics Substances). Original fine payment receipt needs to be attached to other documents. Unless the fine is paid, a prisoner cannot be eligible to the transfer agreement. The fine can only be waived f you are applying for repatriation. The offence for which prisoner was convicted must also be a criminal offence in the UK. To have at least six months of your sentence left to serve at time of application for transfer. However, in exceptional cases the Contracting States may agree to a transfer even though the time to be served is less than the specified. To bear in mind that if your sentence has been appealed and the appeal is still in process, you cannot yet apply for transfer. The sentence has to be completely confirmed, which means no outstanding fines or other non-custodial penalties, criminal proceedings and/or appeal procedures. All documents to be submitted to the Ministry of Justice and Human Rights. The Ministry of Justice and Human Rights will issue a certified copy of the process, together with their approval and the Ministry of Foreign Affairs‟ official agreement note. Once the petition is authorised, an official notification will be submitted to the Embassy, to the Director of the prison and to Interpol‟s Office. The Ecuadorean Interpol Police will escort the prisoner to the international airport for an official handover to the British police. Not protectively marked 24 Information Pack for British Prisoners in Ecuador Not protectively marked Information from Britain HMPS (Her Majesty‟s Prison Service) to arrange the escort and collection of prisoners. 6 HMPS staff that act as escorts. 2 escorts are required per prisoner. It is not possible for more than one prisoner to be transferred at a time. HMPS make the arrangements and cover the cost of flights. However, the prisoner is required to sign a UTR (undertaking to repay). Your passport will be retained until repayment is made. Location following repatriation All men will be taken to Wandsworth Prison, in London. They will remain there for a period of assessment and will then be allocated to a suitable prison in which to serve the remainder of their sentence. Prisoners will be allocated a security category and may progress through the system to open condition. However, not every prisoner will be suitable for open condition. All women to be transferred to Holloway Prison, in London, before onward allocation. How long will you serve on your return? The British authorities will continue to enforce the sentence imposed on you by the foreign court. The British authorities cannot increase the sentence that has been imposed on you. However, the release arrangements of the country where you are imprisoned will cease to apply once you have been transferred. British release arrangements will apply instead. Each country has its own release arrangements; as it stands in Ecuador your release date in the UK would normally be before your release in Ecuador. You can be provided with detailed information about the calculation of your release dates in the UK before you are required to give your consent to transfer. You should ensure that you fully understand the consequences of your transfer before you give your consent. If you are unsure you should ask for clarification. Can you appeal your conviction and sentence through the British Courts? No. This remains a matter for the courts in Ecuador, where you were sentenced. The British courts have no jurisdiction to review either your conviction or your sentence. As a British Citizen, can the UK authorities refuse your transfer request? The British authorities will normally approve the request of British citizens. However, the UK authorities reserve the right to refuse your request. Will you be liable to prosecution for other offences if you return? You cannot be prosecuted in the UK for the offence for which you are sentenced. You will, however, be liable to detention or prosecution in connection with any other alleged offence committed in the UK. Will you have a criminal record in the UK even though your offence was committed in another country? Whether you return to the UK as a serving prisoner, or at the end of your sentence, you will have a criminal record. The law requires that in certain circumstances, such as in a job application, you must disclose your previous criminal convictions. This includes those imposed abroad and/or in the UK. Failure to give full disclosure of your criminal convictions when required by law to do so is a criminal offence. You should be aware that if you are arrested for certain serious offences, such as child sex abuse or drugs crimes, consular staff must tell other relevant UK authorities, including the National Crime Agency NCA. Not protectively marked 25 Information Pack for British Prisoners in Ecuador Not protectively marked Repatriation of Prisoners to England and Wales Prisoner expresses an interest UK Authorities Local Prison Authorities British Embassy Ministry of Justice and Human Rights in the sentencing state for consideration Case referred to UK HM Prison Serive Scottish Prison Service Northern Ireland Prison Service Passport Agency Police Home Office Relevant Prison Service determines request Consent sent back to sentencing state for final approval including sentence If the sentencing state consents, prisoner´s consent obtained. Consent forwarded to UK with request to collect Escort from HMP Wandsworth returns prisoner to the UK Not protectively marked 26 Information Pack for British Prisoners in Ecuador Not protectively marked PRISONERS ABROAD Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. 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 writing to a pen pal 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 assistance with the cost of visiting Prisoners Abroad 89 – 93 Fonthill Road London N4 3JH UK Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time) Email: info@prisonersabroad.org.uk Website: www.prisonersabroad.org.uk For further details, refers to attachments (3 pages – general leaflet, authorisation form, family contact) Not protectively marked 27 Information Pack for British Prisoners in Ecuador Not protectively marked ANNEXES Annex 1: LIST OF ENGLISH SPEAKING LAWYERS IN ECUADOR Quito Guayaquil Annex 2: LIST OF PRIVATE TRANSLATORS/INTERPRETERS IN ECUADOR Quito Guayaquil Annex 3: FCO LEAFLETS In prison abroad Transfers home for prisoners abroad Annex 4: PRISONERS ABROAD LEAFLET AND FORMS Annex 5: FAIR TRIALS INTERNATIONAL QUESTIONNAIRE AND LEAFLETS Not protectively marked 28 Information Pack for British Prisoners in Ecuador Not protectively marked GLOSSARY OF TERMS A Abrogation Access to file (by Lawyer) Accomplice Accused (with charges) Acquitted Adjudication Administration of justice Amnesty Anti Narcotics Police Station Appeal Appeal - trial court decision is appealed directly to the National Court, by “jumping” over the intermediate court of appeals. Appeal for error Appeal or complaint Application Application forms (prison) Army Assessment of evidence Attorney General´s Office B Blood test Board of prison governors C Cell Charge Chief Prosecutor Civil party in criminal trial Clemency / pardon Complaints system Completed file Compulsory prosecution Consent Convicted Conviction Corporal Country ban (order issued which prohibits a person who has been deported or expelled from returning) Court appearance Court file reference Courthouse Criminal code Criminal code procedure Criminal Court Not protectively marked Derogación Acceso al expediente Cómplice Imputado Absuelto Fallo / sentencia Administración de Justicia Amnistía Jefatura de Antinarcóticos Apelación Casación Apelar por error Apelación o queja Aplicación Formulario de aplicación Ejército Evaluación de pruebas y evidencias (pruebas materiales, testimoniales y documentales) Fiscalía General del Estado Exámen de sangre Comité Celda Acusación / alegato Fiscal General Parte civil en juicio penal Indulto Sistema de denuncias / demandas Expediente completo Enjuiciamiento obligatorio Consentimiento Condenado / sentenciado Condena / sentencia Cabo / corporal Prohibición de regresar al país (orden de arraigo) Comparecencia ante el tribunal Referencia del expediente del juicio Tribunal / Juzgado Código de Procedimiento Penal Código de Ejecución de penas y rehabilitación social Tribunal de Garantías Penales 29 Information Pack for British Prisoners in Ecuador Not protectively marked Criminal prosecution Criminal record Custody hearing Custody order D Danger of absconding Danger of interfering with the course of justice Danger of repeated criminal offences Deportation Deportation order Dismiss charges Duty of obedience E Early release benefit Ecuadorean Prison Service Escort Expert Witness Expulsion Extradition F Federal Police Fever File Final public trial Food poisoning G Greater Criminal Court Guarding (a prison) Guilty H Hand cuffed Hearing (first) High Court Higher Regional Court Human rights Hunger strike I Imprisoned Imprisonment Imprisonment after conviction Enjuiciamiento penal Record policial Audiencia preliminar Orden de prisión preventiva Peligro de fugarse Peligro de interferir con el procedimiento de justicia / procedimiento legal Riesgo de reincidencia Deportación Orden de deportación Descargar / descartar cargos o acusación Deber de obediencia Pre-libertad DNRS (Dirección Nacional de Rehabilitación Social) Escoltar / escolta Testigo Expulsión Extradición Policía Nacional Fiebre Expediente Juicio (público) Intoxicación estomacal Corte Nacional de Justicia Custodia en la prisión Culpable Esposado Primera audiencia Corte Provincial de Justicia Corte Provincial de Justicia (superior) Derechos humanos Huelga de hambre Indictment Insubordination to officer Interpreter Investigation Detenido / encarcelado / recluído Detención / encarcelamiento / reclusión Encarcelamiento después de ser sentenciado / condenado Denuncia / acusación / proceso Desobediencia a la autoridad / insubordinación Intérprete Investigación / Indagación J Jeopardise Judge Judgement Poner en peligro Juez Sentencia / juzgamiento / dictámen Not protectively marked 30 Information Pack for British Prisoners in Ecuador Not protectively marked Judgement Final and enforceable Judicial Police Jurisdiction (Criminal) Entities Juvenile prison L Lawyer Lawyers´charges Lay Judges Lay Judges Court Legal Aid / Pro Bono Lawyer Legal Clerk Legal remedy Local prison rules Local State Court M Major offence Malnutrition Marital Visit Minimal (guilt) Ministry of Justice (and Human Rights) Minor offence Misdemeanour Mistreatment/ Torture Money earned in prison N Notary O Officer of the Court Opposition Out-of-court settlement P Parole (conditional release) Pardon Pay off debts Penal order Penal proceeding Penitentiary system Permanent (indefinite) detention Permit, entitlement Personal money in prison Physical examination Plaintiff Police Headquarters Police Officer Power of Attorney Preliminary detention Presiding Judge Presumption of innocence Not protectively marked Sentencia en firme y ejecutoriada Policía Judicial Órganos de la Jurisdicción Penal: Corte Nacional de Justicia (CNJ)/ Salas Especializadas de lo Penal de la CNJ / Corte Provincial de Justicia / Jueces de Garantías Penales / Tribunal de Garantías Penales. Cárcel de menores Abogado Honorarios del abogado Disponer los jueces Disponer los jueces del tribunal Defensor Público Empleado jurídico / legal Recurso legal Reglas carcelarias Tribunal Penal Delito mayor Desnutrición Visita conyugal Culpabilidad mínima Ministerio de Justicia (y Derechos Humanos) Delito mínimo Falta / mala conducta Maltrato / tortura Dinero ganado en prisión Notaría Funcionario de la Corte/Juzgado Oposición Resolución Libertad condicional Indulto Pagar deudas Reglamento penal Trámite/procedimiento penal Sistema penitenciario / carcelario Detención en firme Permiso / calificado / acreditado Dinero personal Exámen físico Demandante Intendencia General de Policía Oficial de Policía Poder legal Aprehensión Juez dirigente Se presume inocente 31 Information Pack for British Prisoners in Ecuador Not protectively marked Preventive detention Prison Prison administration Prison Assessment Unit Prison court Prison Director Prison house rules Prison rules regarding supervised visit Prisión preventiva Prisión / cárcel / centro carcelario Administración carcelaria Departamento de Diagnóstico y Evaluación Comitiva de la prisión Director de la prisión / centro de rehabilitación social Reglamento interno de la prisión Reglas de la prisión referente a las visitas supervisadas Guía/guardia penitenciario / guardia carcelario Jefe de guías Presos / internos (inmates) Enjuiciamiento privado Denuncia procesal Proceso/tramite legal Pruebas de evidencia Enjuiciamiento/ procesamiento Fiscal Suministro Fiscalía Celda de castigo (calabozo) Prison Guard Prison Warden Prisoners Private prosecution Procedural complaint Proceedings Proof of evidence Prosecution Prosecutor (Public) Provision Public Prosecutor‟s Office Punishment cell R Raids Requisas Register (in State) Registro / matrícula Rehabilitation Rehabilitación Release Salir en libertad Release order Boleta de libertad / boleta de excarcelación Remand (sending a person accused of an alleged Detención provisional offence into custody to await trial) Remand prison CDP (centro de detención provisional) Remedy of appeal Recurso de apelación Remission Rebaja de pena (sistema de rebaja por “méritos”) Repatriation Repatriación / traslado Representative of the Local Authority Representante de la autoridad local Riot Motín / disturbio / alboroto Riot squad Grupo de amotinamiento Roll call Tomar lista (in the morning and at night) S Security Seguridad Small Police Station Jefatura de policía Social Worker Trabajador(a) Social State officials including prison Warders Trabajadores públicos, incluyendo guardias / guías penitenciarios Statute of Judicial Organisation Estatuto / Decreto / Reglamento de una organización judicial / legal Stomach bugs Infección estomacal Strike Huelga / paro Sufficient suspicion Suficientes pruebas (fundamentos de imputación) Supreme Court of Justice Corte Nacional de Justicia Surety (money required for a remand Fianza Not protectively marked 32 Information Pack for British Prisoners in Ecuador Not protectively marked prisoner to be released on bail) Suspended sentence T Temporary detention The accused To buy To change money To deport To file an application Transfer Agreement (Strasbourg Convention) Sentencia suspendida Detención temporal El Acusado Comprar Cambiar dinero Deportar Archivar el expendiente “Convenio de Traslado de Personas Condenadas” - Convención de Estrasburgo (repatriación) Traslado a otra prisión Alta traición Transfer to another prison Treason V Valid or legal Visit permit W Warden Wing Válido o legal Permiso para visita Guardia (guía) Pabellón Spanish Alphabet Sounds Like A,a B,b C,c D,d E,e F,f G,g H,h I, I J, j K,k L,l M,m N, n O,o P, p Q,q R, r S, s T, t U,u V,v W,Y X,x Z,z Not protectively marked A Be Ce De E Efe Ge Ache I Jota Ka Ele Eme Ene O Pe Qu Ere Ese Te U Ve Doble Ve, Ye Equis Zeta 33 Information Pack for British Prisoners in Ecuador Not protectively marked Useful words 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 30 40 50 60 70 80 90 100 1000 Food Apple Banana Beans Biscuits Bread Cake Chicken Coffee Drink Eat Egg Fruit Hungry Not protectively marked Uno Dos Tres Cuatro Cinco Seis Siete Ocho Nueve Diez Once Doce Trece Catorce Quince Dieciseis Diecisiete Dieciocho Diecinueve Veinte Treinta Cuarenta Cincuenta Sesenta Setenta Ochenta Noventa Cien Mil Comida Manzana Banana Fréjol Galletas Pan Pastel Pollo Café Beber- Tomar Comer Huevo Fruta Ambriento Plátano/ Guineo 34 Information Pack for British Prisoners in Ecuador Not protectively marked Juice Meat Milk Omlette Pancake Rice Sausage Sugar Sweet Vegetables Water Jugo Carne Leche Revuelto Pancake Arroz Salchicha Azúcar Dulce/ caramelo Vegetales Agua Cutlery Cup Fork Knife Plate Spoon Good Morning Good Afternoon Good Night Cubiertos Taza Tenedor Cuchillo Plato Cuchara Buenos días Buenas tardes Buenas noches Day Week Month Monthy Year Día Semana Mes Mensual Año Today Tomorrow Tonight Hoy Mañana Esta noche Days of the Week Sunday Monday Tuesday Wednesday Thursday Friday Saturday Días de la Semana Domingo Lunes Martes Miércoles Jueves Viernes Sábado Seasons Spring Summer Autumn Estaciones Primavera Verano Otoño Not protectively marked 35 Information Pack for British Prisoners in Ecuador Not protectively marked Winter Months January Febrero Marzo Abril Mayo Junio Julio Agosto Septiembre Octubre Noviembre Diciembre Invierno Meses Enero Febrero Marzo Abril Mayo Junio Julio Agosto Septiembre Octubre Noviembre Diciembre Baby Boy Child Father Girl Husband Man Money Mother Wife Woman Bebé Niño Muchacho Papá Niña Esposo Hombre Dinero Mamá Esposa Mujer He I Me My Yours Her His Their Them You Yours El Yo Yo Mio Tuyo, vuestro De ella De él De ellos Ellos Tú Tuyo , vuestro Borrow Close Closed Come Debt Door Pedir prestado Cerrar Cerrado Venir Deuda Puerta Not protectively marked Chico Plata 36 Information Pack for British Prisoners in Ecuador Not protectively marked Give Here Indoors Inside Open Outside Run Stand Stay Stop Turn Walk Dar Aqui Dentro de Casa Dentro Abrir Afuera, exterior Correr Posición, puesto Quedarse Detenerse Vuelta Caminar Parts of the body Head Hair Eye Eyes Eyeball Eyebrow Eyelash Eyelid Nose Nostril Ear Hearing Mouth Partes del cuerpo Cabeza Cabello Ojo Ojos Globo Ocular Ceja Pestaña Párpado Nariz Fosa nasal Oido Escuchando Boca First Second Third Fourth Fifth Sixth Seventh Eight Ninth Tenth Primero Segundo Tercero Cuarto Quinto Sexto Séptimo Octavo Noveno Décimo Half In half Mitad En la mitad After Before Later Después Antes Luego Not protectively marked Pare Pelo Oreja Medio Más tarde 37 Information Pack for British Prisoners in Ecuador Not protectively marked Now Climate/Weather Climate Cold Heat Hot Rain Shade Sun Sunshine Weather Wind Ahora Clima Clima Frio Calor Caliente Lluvia Sombra Sol Luz solar Tiempo Viento Briefs Clothes Pullover Shirt Shorts Socks Trousers "T" Shirt Ropa interior Ropa Chompa Camisa Bermuda Medias Pantalones Camiseta Sandals Shoe Trainers Sandalias Zapato Zapatillas Ashtray Book Cigarettes Dry Lighter Pen Pencil Scissors Soap Soap powder Wash Wash hand Washing Wet Cenicero Libro Cigarrillos Secar Claro Esfero Lápiz Tijeras Jabón Jabón en polvo Lavar Lavabo Lavado Húmedo Bucket Scrubbing Brush Balde Escoba de Fregar Not protectively marked Suéter Shorts Calcetines Chanclas / chancletas Tennis / Zapatos deportivos / Zapatos de caucho Cigarros /Tabacos Bien iluminado Lava manos Lavando 38 Information Pack for British Prisoners in Ecuador Not protectively marked Shower Toothbrush Toothpaste Ducha Cepillo de dientes Pasta dental Towel Toalla Dream Rest Sleep Sleepy Wake Sueño Descanso Dormir Cansado Despertarse Bed Bed Sheet Blanket Mattress Pillow Cama Sábana Cobija Colchón Almohada Not protectively marked Pasta de dientes / Dentífrico Somnoliento 39 Information Pack for British Prisoners in Ecuador Not protectively marked PRISONERS ABROAD KEY PHRASES - ENGLISH INTO SPANISH 89 – 93 Fonthill Road Finsbury Park London N4 3JH Tel 020 7561 6820 Fax 020 7561 6821 info@prisonersabroad.org.uk www.prisonersabroad.org.uk Charity Number 1093710 The phrases below are intended to help anyone with little or no knowledge of the Spanish language communicate at a basic level within the prison environment. Most prisons do run Spanish language lessons for foreign national prisoners and Prisoners Abroad has a limited supply of Spanish/English dictionaries which we may be able to send you to help with this. Some Basics In Spanish all nouns have a gender, either masculine or feminine (for example, the word for 'house' (casa) is a feminine noun so 'a house'/'the house' is translated as 'una casa'/'la casa'. The word for 'book' (libro) is a masculine noun so 'a book'/'the book' is translated as 'un libro'/'el libro'). The gender of the word will affect adjectives which refer to that word. For example, if you want to say 'the red house' you would say 'la casa roja'. If you wanted to say 'a red book' you would say 'un libro rojo'. Where appropriate, the gender of each form of the word has been given below: masculine forms of the word are denoted by '(m)', feminine by '(f)'. The plural form of the word (i.e when there is more than one of the object concerned) is denoted by 'pl'. So, 'these houses' would appear as 'estas casas (fpl)' and 'those books' would appear as 'esos libros (mpl)'. Accents may appear above certain vowels, helping pronunciation by indicating where the stress should be placed in that particular word (e.g. prisión, miércoles, teléfono). In the absence of accents, words ending in either a vowel or …n / …s will have stress placed on the penultimate syllable (e.g. nosotros, transferido, urgente). If the word ends in a consonant other than …n / …s, the last syllable is stressed (e.g. necesitar, enfermedad, espanol) Basics My name is… Me llamo…. Verbs I am… (e.g. I am English) Soy… To have tener The El/La/Los/Las I have yo tengo A Un/Una/Unos/Unas you (singular) have tú tienes It Lo/la/le he/she has él/ella tiene I/We/Me Yo/Nosotros/me we have nosotros/as tenemos What/Which Qué/Cuál you (plural) have vosotros/as teneis Left Izquierda they have ellos/as tienen Right Derecha Here Aquí There Ahí What day does the… ¿Qué día…? I cannot… No puedo… Not protectively marked (In Spanish, there are two verbs which translate as „to be‟: „ser‟ and „estar‟. „Ser‟ is meant to convey something permanent (e.g. „I am English‟, „I am a man‟), and „estar‟ is meant to convey something more temporary like a mood or emotion (e.g. „I am ill‟, or „I am happy‟). 40 Information Pack for British Prisoners in Ecuador Not protectively marked To use/I use Usar/yo uso To be ser To speak/I speak Hablar/yo hablo I am yo soy To write/I write Escribir/yo escribo you (singular) are tú eres To go/I go Ir/yo voy he/she is él/ella es To be able to Poder/yo puedo we are nosotros/as somos To give Dar/yo doy you (plural) are vosotros/as sois they are ellos/as son To be estar I am estoy you (singular) are tú estás he/she is él/ella está we are nosotros/as estamos you (plural) are vosotros/as estais they are ellos/as están To want/I want Querer/yo quiero To need/I need Necesitar/yo necesito To feel/I feel Sentir/yo siento To have to/I have to Tener que/yo tengo que To see/I see Ver/yo veo Prepositions After Después Above Encima Before Antes Over por encima de During Durante Beside/next to/by al lado de Since Desde Near to cerca de Until Hasta Through a través In/inside en/dentro Towards hacia Outside Fuera Behind detrás At en Between entre From De/desde Opposite en frente On en/encima With con Under/below/beneath Debajo Without sin Not protectively marked 41 Information Pack for British Prisoners in Ecuador Not protectively marked Basic communication Hello Hola Good afternoon Buenas tardes Good evening Buenas tardes Good night Buenas noches How are you? ¿Cómo estás? Fine thanks, and you? Bien gracias, ¿y tú? Excuse me Perdone See you later Hasta luego Yes Sí No No Please Por favor Thank you Gracias I don‟t know No sé Could you repeat that more slowly? ¿Puedes repetir más despacio? I don‟t understand No entiendo I do not speak …… very well No hablo muy bien …. I am sorry to bother you but… Siento molestarte pero…. May I borrow your… ¿Me prestas tu…? How can I obtain…? ¿Cómo puedo obtener…? Is there any mail for me? ¿Hay correo para mí? How much does this cost? ¿Cuánto cuesta esto? Do you mind if I open the window? ¿Te importa si abro la ventana? Do you mind if I smoke? Te importa si fumo? Could you kindly write that down for me? ¿Podrías escribir eso para mí por favor? Do you have the correct time? ¿Tienes la hora correcta? What is your nationality? ¿Cuál es tu nacionalidad? Useful phrases/vocabulary The telephone is out of order I do not have any means to buy… I would like to order… This is urgent May I make an appointment to see… Can you tell me how long I will be held in police custody before I get transferred to a prison? What must I do to get transferred to another prison? Can you tell me how long my sentence is? Can you tell me the date my sentence finishes? I need to see my lawyer Can I move to Mr…..‟s cell as he speaks English? Can I have a list of local English-speaking lawyers? Can Mr….. move into this cell? Who is dealing with my case? Does the prison have a list of translators? Can I get bail? Not protectively marked I am very cold, can I have an extra blanket please? When is the shop open? How much money do I have in my account? 42 Information Pack for British Prisoners in Ecuador Not protectively marked What day does the doctor come? What time? El teléfono no funciona Is there any work that I can do? No me puedo permitir comprar… I would like to work in the… Me gustaría pedir… Can you show me what I must do? Esto es urgente Could I buy a Spanish/English dictionary? ¿Podría fijar una cita con…? Can you contact the Consul for me? Necesito ver a mi abogado I want to make a complaint ¿Me das una lista de abogados que hablen ingles? Can I have permission for my family to send me….? ¿Quién está a cargo de mi caso? As I am not allowed visits, could I have a parcel of clothes sent to the prison? ¿Hay una lista de traductores en la prisión? Are there any items which they are not permitted to send me? ¿Puedo pedir la libertad bajo fianza? ¿Me podrías decir cuánto tiempo estaré detenido antes de ser transferido a una prisión? ¿Qué debo hacer para ser transferido a otra prisión? I want to send this letter to… ¿Me podrías decir cuánto tiempo durará mi sentencia? ¿Me podrías decir la fecha en que mi sentencia terminará? Why are my letters taking so long to get to my family? ¿Me puedo cambiar a la celda del Sr…., ya que habla inglés? ¿Puede el Sr… cambiarse a esta celda? ¿Tengo mucho frío, me das otra manta por favor? ¿Cuándo abre la tienda? ¿Cuánto dinero tengo en mi cuenta? ¿Qué día viene el médico? ¿A qué hora? ¿Hay algún trabajo que puedo hacer? Me gustaría trabajar en el/la…. ¿Me puedes enseñar lo qué debo hacer? ¿Podría comprar un diccionario de ingles/espanol? ¿Puedes contactar el cónsul para mí? Quiero poner una queja Me gustaría pedir permiso para que mi familia me envíe… Como no tengo permitido ninguna visita, ¿se me podría enviar un paquete de ropa a la prisión? ¿Hay algo que no pueden enviarme? Quiero enviar esta carta a…. ¿Por qué mis cartas tardan tanto en llegar a mi familia? I have not heard from my family and I am worried about them How do I arrange a visit for my family? Not protectively marked 43 Information Pack for British Prisoners in Ecuador Not protectively marked Can you confirm that my family has booked a visit for (a specific date)? May I have an extended visit as I do not get many and my family has to travel a long way? Could I go to the prison school to learn Spanish? Could you give this letter to Mr… cell no…. so he can translate it for me? No sé nada de mi familia y estoy preocupado/a por ellos. ¿Qué tengo que hacer para arreglar una visita de mi familia? ¿Podrías confirmar qué día ha reservado mi familia para visitarme? ¿Podría pedir una visita más larga ya que no recibo muchas visitas y mi familia tiene que viajar de lejos? ¿Podría ir a las clases de la prisión para aprender español ¿Podrías darle esta carta al Sr…. celda número … para que la traduzca para mí? Time/days/numbers Today Hoy September Septiembre Tomorrow Mañana October Octubre Morning Mañana November Noviembre Afternoon Tarde December Diciembre Night Noche Spring Primavera Next week La próxima semana Summer Verano Next month El próximo mes Autumn Otoño Next year El próximo año Winter Invierno Last week La semana pasada Christmas Navidad Last month El mes pasado Easter Semana Santa Last year El año pasado New Year Año Nuevo Weekend Fin de semana National Holiday Día festivo Monday Lunes One (first) Uno (primero/a) Tuesday Martes Two (second) Dos (Segundo/a) Wednesday Miércoles Three (third) Tres (Tercero/a) Thursday Jueves Four (fourth) Cuatro (cuarto/a) Friday Viernes Five (fifth) Cinco (quinto/a) Saturday Sábado Six (sixth) Seis (sexto/a) Sunday Domingo Seven (seventh) Siete (séptimo/a) January Enero Eight (eighth) Ocho (octavo/a) February Febrero Nine (ninth) Nueve (noveno/a) March Marzo Ten (tenth) Diez (décimo/a) April Abril Eleven (eleventh) Once (décimoprimero/a) May Mayo Twelve (twelfth) Doce (décimosegundo/a) June Junio Thirteen (thirteenth) Trece (décimotercero/a) July Julio Fourteen (fourteenth) Catorce (décimocuarto/a) August Agosto Fifteen (fifteenth) Quince (décimoquinto/a) Not protectively marked 44 Information Pack for British Prisoners in Ecuador Not protectively marked Sixteen (sixteenth) Dieciseis (décimosexto/a) Fifty (fiftieth) Cincuenta (quincuagésimo/a) Seventeen(seventeenth) Diecisiete (décimoséptimo/a) Sixty (sixtieth) Sesenta (sexagésimo/a) Eighteen (eighteenth) Dieciocho (décimoctavo/a)Seventy (seventieth) Setenta (septuagésimo/a) Nineteen (nineteenth) Diecinueve (décimonoveno/a) Eighty (eightieth) Ochenta (Octogésimo/a) Twenty (twentieth) Veinte (vigésimo/a) Ninety (ninetieth) Noventa (nonagésimo/a) Thirty (thirtieth) Treinta (trigésimo/a) Hundred (hundredth) Cien (centésimo) Forty (fortieth) Cuarenta (cuadragésimo/a) Thousand Mil (milésimo/a) What time is it? ¿Qué hora es? 07h00 Seven o‟clock in the morning Las siete de la mañana 07h30 Seven thirty in the morning Las siete y media de la mañana 12h00 Midday Las doce del mediodía 13h00 One o‟clock in the afternoon La una de la tarde 14h40 Two-forty in the afternoon Las dos y cuarenta de la tarde 19h45 seven-forty-five in the evening Las siete y cuarenta y cinco de la tarde 00h00 midnight Las doce de la noche (medianoche) General vocabulary Cell Celda Visiting rooms Salas de visita Bed Cama Garden Jardín Individual cell Celda individual Reception Recepción Shared cell Celda compartida Director Director Library Biblioteca Assisant Director Ayudante del director Showers Duchas Shopkeeper Tendero/a Toilet Cuarto de baño Guard/Warder Guardia/Vigilante Books Libros Envelope Sobre Pen Bolígrafo Stamp Sello Paper Papel Telephone Teléfono Letter Carta Stationery Toiletries Soap Jabón Toilet Paper Papel higiénico Shampoo Champú Wash Lavar Toothbrush Cepillo de dientes Razor Navaja Toothpaste Pasta de dientes Shave Afeitar Deodorant Desodorante Towel Toalla Tissues Pañuelos de papel Not protectively marked 45 Information Pack for British Prisoners in Ecuador Not protectively marked Other items Shop/Canteen Tienda/Cantina Playing cards Una baraja Blanket Manta Ball Pelota Radio Radio Battery Pila/Batería CD/cassette player Lector de CDs/Radio-cassette Clothing Shirt Camisa Jumper/pullover Jersey Shorts Pantalones cortos Jeans Vaqueros Shoes Zapatos Vest Camiseta de tiras Socks Calcetines Sandals Sandalias Underwear Ropa interior Small Pequeño/a Trousers Pantalones Medium Mediano/a T-shirt Camiseta Large Grande Trainers Zapatillas de deporte Proper Nouns British Consul Cónsul británico/a Scotland Escocia Britain Gran Bretaña Wales Gales British Británico/a Northern Ireland Irlanda del Norte England Inglaterra Family Friend Amigo/a Wife Mujer Family Familia Partner Pareja Mother Madre Daughter Hija Father Padre Son Hijo Sister Hermana Child Niño/a Brother Hermano Cousin Primo/a Husband Marido Food/meals Breakfast Desayuno Cup/Mug Taza Lunch Comida Plate Plato Dinner Cena Bottle Botella To eat Comer Coffee Café To drink Beber Tea Té Knife Cuchillo Water Agua Fork Tenedor Milk Leche Spoon Cuchara Powdered milk Leche en polvo Tray Bandeja Soda Soda Glass Vaso Hot chocolate Chocolate caliente Not protectively marked 46 Information Pack for British Prisoners in Ecuador Not protectively marked Fresh fruit Fruta fresca Green beans Judías verdes Apple Manzana Peas Guisantes Orange Naranja Potato Patata Banana Plátano Peppers Pimientos Pear Pera Onion Cebolla Meat Carne Lettuce Lechuga Lamb Cordero Bread Pan Beef Carne de vaca Rice Arroz Pork Cerdo Pasta Pasta Ham Jamón Butter Mantequilla Bacon Panceta/Beicon Jam/preserve Mermelada Chicken Pollo Eggs Huevos Fish Pescado Cheese Queso Tuna Atún Oil Aceite Cod Bacalao Salt Sal Sea food Marisco Sugar Azúcar Vegetables Verduras Yoghurt Yogur Cabbage Repollo Biscuits Galletas Carrot Zanahoria Cereal Cereales Mushroom Champiñón Chocolate Chocolate Spinach Espinaca Body/Health I have diarrhoea I need to see the Doctor I have spots I require medical assistance for the following reasons… I have a rash It is urgent I am diabetic I don‟t feel very well I am epileptic I am bleeding I have a pain in my… Necesito ver a un médico Mild pain Necesito ayuda médica por las siguientes razones… Severe pain Es urgente I have a cold/flu No me siento muy bien I have a sore throat Estoy sangrando I have a fever Me duele el/la… I am allergic to… Dolor moderado I am having problems breathing Dolor fuerte I have a cold Tengo un resfriado/gripe I have an upset stomach Me duele la garganta I am constipated Tengo fiebre Soy alérgico a… Not protectively marked 47 Information Pack for British Prisoners in Ecuador Not protectively marked Tengo problemas al respirar Tengo catarro Me duele el estómago Estoy estreñido/a Tengo diarrea Tengo granos Tengo un sarpullido Soy diabético/a Tengo problemas del corazón Me duele el oído Me duele la cabeza Tengo calambres Tengo problemas en los ojos Necesito que me examinen los ojos Estoy embarazada Tengo la tensión alta/baja Tengo el colesterol alto ¿Tienes algo para…? ¿Tienes una venda? ¿Tienes una tirita? Tengo epilepsia I have heart problems I have ear ache I have a headache I have cramps I have problems with my eyes Necesito ver al dentista Me duele una muela/un diente Tengo una muela/diente rota/o Un empaste Caries Un diente (front)/Una muela(back) La muela del juicio I need to have my eyes tested I am pregnant I have high/low blood pressure I have high cholesterol Have you something for… Do you have a bandage? Do you have a plaster? Dental terms I need to see the dentist I have toothache I have broken a tooth A filling Tooth decay A tooth A wisdom tooth Not protectively marked 48 Phrases which may be used by the doctor Where does it hurt? Do you have a temperature? Do you have any allergies? Do you suffer from any other illnesses? What medication do you take normally? Are you receiving medical treatment at the moment? What type? Since when? Is this the first time you have had this problem? Do you have a cold? What colour is the phlegm? Are you a drug addict? How much do you weigh? Step onto the scales please? Please lie on the bed Please take off your shirt This is a prescription for… You must take this medication… …before you go to bed …three times a day …in the morning and at night ¿Dónde te duele? ¿Tienes fiebre? ¿Tienes alguna alergia? ¿Tienes alguna otra enfermedad? ¿Tomas algún tipo de medicación? ¿Estás recibiendo tratamiento médico en estos momentos? ¿De qué tipo? ¿Desde cuándo? ¿Es ésta la primera vez que tienes este problema? ¿Tienes catarro? ¿De qué color es la flema? ¿Tienes adicción a alguna droga? ¿Cuánto pesas? Súbete a las pesas por favor Acuéstate en la camilla/cama por favor Sácate la camisa por favor Ésta es una receta para… Debes tomarte esta medicina… …antes de irte a la cama …tres veces al día …por la mañana y por la noche Prescribed drugs/treatment Painkiller Analgésico Antibiotics Antibiótico Analgesics Analgésico Aspirin Aspirina Sleeping tablet Pastillas para dormir Tranquiliser Tranquilizante Laxative Laxante Antiseptic Antiséptico Lice treatment Tratamiento para piojos Inhaler Inhalador Tablet/Pill Pastilla/Píldora Capsule Cápsula Cream Crema Injection Inyección Information Pack for British Prisoners in Ecuador Not protectively marked Vaccine Bandage Vacuna Venda Human Body The head The skull Hair Face Eye/eyes Nose Mouth Lips Tongue Ear Neck Throat Shoulder Chest Breasts (female) Stomach Back Arms Elbow Hand Finger Thumb Hip Anus Penis Testicles Vagina Leg Knee Ankle Foot Heel Toe Limb Muscle Bone Spinal column Rib Skin Heart Lungs Liver Kidneys Bladder Breathing Blood La cabeza El Cráneo Pelo Cara Ojo/ojos Nariz Boca Labios Lengua Oreja (external)/Oído(internal) Cuello Garganta Hombro Pecho Pechos Estómago Espalda Brazos Codo Mano Dedo Dedo pulgar Cadera Ano Pene Testículos Vagina Pierna Rodilla Tobillo Pie Talón Dedo del pie Extremidad Músculo Hueso Columna Vertebral Costilla Piel Corazón Pulmones Hígado Riñones Vejiga Respirar Sangre Health problems An illness A pain An injury/wound An infection Abscess Angina Not protectively marked Una enfermedad Un dolor Una herida Una infección Absceso Angina de pecho 50 Information Pack for British Prisoners in Ecuador Not protectively marked Appendicitis Arthritis Asthma A bite (insect) Bronchitis Cancer Concussion Cough Cyst Diabetes An epileptic fit Fever Fracture A hernia HIV/AIDS Liver attack Leukaemia Malaria Migraine Depression Pneumonia Rheumatism A scar A scratch Sprain An insect sting Sun stroke Tuberculosis Typhoid Ulcer Not protectively marked Apendicitis Artritis Asma Una picadura Bronquitis Cáncer Conmoción cerebral Catarro Quiste Diabetis Un ataque epiléptico Fiebre Fractura Una hernia Virus del SIDA Ataque hepático/del hígado Leucemia Malaria Migraña Depresión Pulmonía Reumatismo Una cicatriz Un arañazo Esquince Una picadura de insecto Insolación Tuberculosis Fiebre tifoidea Úlcera 51 Information Pack for British Prisoners in Ecuador Not protectively marked DISCLAIMER This booklet was compiled by the Consular Section, British Embassy Quito. It is revised on a regular basis. If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments. The Consular Section of the British Embassy in Quito is not accountable for the Information provided in this booklet. Local proceedings are subject to change at any time. Thank you. (April 2015) Not protectively marked 52
