Cuba: information pack for British prisoners

Question 1

Chapter 1: Key points

Accepted Answer

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This information pack aims to give you, and your family and friends, information about the local system in Cuba and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

the authorities should ask whether you want them to contact the British embassy (and must do so if you want them to)
if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
friends or family can also contact the local British embassy or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

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

British Embassy Havana: Consular Section
Calle 34 No 704 e/ 7ma y 17
Miramar, Havana, Cuba

Telephone: +53 7214 2200
Fax: +53 7214 2268

Use our contact form for consular enquiries.

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

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Cuba, notification by the authorities to the Embassy customarily takes place within 72 hours according to Cuban law. This is done in writing, and can take seven to ten days to reach us. Family or friends may likely inform us more quickly, or relatives present at the time of the incident, or sometimes directly by the Cuban authorities or British travel companies whose customer has been involved in the case.

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

We can also:

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

What we cannot do

Get you out of prison or detention
Help you get special treatment because you are British
Offer legal advice, start legal proceedings or investigate a crime
Pay for any costs because you have been arrested
Forward you packages sent by friends or family
Prevent authorities from deporting you after release

Question 2

First steps

Accepted Answer

What should happen after you are arrested

If you are arrested you will be taken to an investigation facility/detention centre. You should be made aware of your rights. If detained, a person may be held for up to 24 hours, after which they must either be released or brought before a police inspector to be remanded. You should inform the authorities if you wish the British Embassy to be informed of your arrest.

The police officer making the arrest might want to take a statement from you. If you do not speak Spanish, this must be done in the presence of a translator or someone who can speak English. No fee is involved.

According to Cuban law, pre-trial imprisonment is usually limited to individuals who “cause public fear through crimes of murder, rape or robbery, or who pose a significant risk to the public”. Foreign national detainees may likely be refused permission to leave Cuba before the outcome of any investigations, although release on bail may still be considered by the police inspector in charge of the case.

You will be accused by the prosecutor’s office (Ministerio Publico). If you cannot afford a private lawyer, the Cuban Government will appoint a public defender for you. Only the equivalent of a public prosecutor can order a suspect to be remanded into custody and for no more than three working days (72 hours) initially. During this time, a decision must be made about whether to release the suspect; impose precautionary measures or non-custodial remand; or request the prosecutor to remand the suspect in custody. The prosecutor’s office then has three working days to either release the accused or submit an application to keep the accused in custody until trial to judicial review.

This review must be made by the court that will hear and judge the case. The court is required, within a further three working days, to either approve detention or order a release. The court’s decision is final. By law, a document (known in Cuba as an “AUTO”) should be issued within seven days of detention, which states the charges, file number, and other case-specific information.

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

How long you can be remanded in custody

If remanded, you will likely remain in custody, in the selected prison until your trial. Court hearings usually take place six to twelve months from the date of arrest. In some cases, it can take longer depending on the nature of the offence. When you are officially charged, the court will inform you, via your lawyer/public defender, and the prison authorities of the sentencing that you are required to serve.

Foreign national detainees may likely be refused permission to leave Cuba before the outcome of any investigations, although release on bail may still be considered by the police inspector in charge of the case.

Prisoners on remand and sentenced prisoners: differences

Persons on remand are held in the same detention facilities are those who have been sentenced. Prisoners are grouped based on the criminal offence with which they were charged.

After you are charged

The court will inform you, via your lawyer/public defender, and the prison authorities of your sentence and the details on your case. The Embassy should also be officially informed of the charges involved in your case by the local authorities.

Once the charge is laid against you, you are a party to the process. You may appoint a lawyer to challenge the order of the prosecutor by appealing within five days of notification.

If one is not already present, you can request the presence of a translator at any time when dealing with your paperwork.

Bail

Bail is considered a precautionary measure and may be used at the beginning of the process when the detainee is not remanded in custody.

At times, either based on the progress of the investigation or the public defender’s requests, bail may be granted. No separate hearing is held for this purpose. The offer of bail and the amount are determined by the severity or nature of the crime.

Likewise, if the accused is not on remand but the prosecutor presumes that he/she can evade justice, the prosecutor can impose a measure to have him/her detained.

Minor offences may involve bail provisions but there is no bail provision for more serious offences like drug trafficking. Your lawyer/public defender will be best placed to advise on this matter.

Bail, when granted, is paid at the police investigator’s office that conducted the investigation process and is in charge of the case.

The FCDO cannot transfer bail funds.

Question 3

Chapter 2: Detention conditions in Cuba

Accepted Answer

Visits: friends and family

Who can visit and how to arrange visits

You can only receive visits from family members. Exceptionally, the Cuban authorities’ will allow for friends visiting while you are in detention.

Visits by family and friends have to be pre-authorised by the Cuban authorities. Visitors are advised to contact the Consular section of the British Embassy in advance of the proposed visit. Family or friends’ visits should be arranged at Calle 15 y K, Vedado, La Habana, by the family or friends concerned. Policy indicates that this request must be made in person and therefore, cannot be coordinated from the UK or otherwise outside of Cuba. When planning travel, please note it can take seven to ten working days to get the requisite clearances from the prison authorities. Visitors’ identification cards or passports should also be submitted at this time.

In Cuba, some temporary prisons or detention/investigation centres only allow visits on certain days of the week. Please check with the prison social workers/officials on when visits are permitted at the prison. The frequency of visits may depend on whether visitors are ordinarily resident in Cuba or in the UK.

What to expect when you visit

Visitors should bring identification at the time of the visit; ideally the same one submitted when the request was made. Visitation will take place in a communal area after visitors are searched. The average time allotted for the visit is one hour and a guard will be nearby. Visits may be cancelled, interrupted or delayed due to weather conditions e.g. hurricanes or any unexpected incident within the prison.

No vending machines are available within the prison premises.

What you can take on your visit

Visitors can bring clothes and toiletries as well as medical supplies and food items which meet prison conditions. Over-the-counter medications are generally accepted and those prescribed by doctor will first be checked by the prison’s medical officer to confirm that they correspond with the inmate’s medical condition/history. Visitors can bring food items purchased in Cuba. Cuban customs regulations may prohibit food items such as meat, dairy, and fruit and products generally imported from outside of the country. Avoid bringing plastic and glass containers to the prison.

If in doubt, please contact the Consular Section of the British Embassy in Cuba.

Visits: consular staff

We will seek permission to visit as soon as we learn of an individual’s detention. A member of the Consular section will visit you within two working days of receiving the authority to do so. We will offer to contact your family or next-of-kin to tell them about your situation with your consent. We can give them advice on prison procedures and regulations in Cuba if needed. If there is information that you would prefer not to disclose to your next of kin, you should let us know.

We will arrange to visit you approximately every three months and we will keep you informed on the date and time of any planned visits.

We can discuss your morale, general well-being and progress with the prison authorities. You can also write to us at any time on matters of concern, but in the event of an urgent matter, you may ask prison authorities to contact us on your behalf.

Pre-paid phones are available within the prisons in Cuba.

Emergency trips outside of prison

The prison health care teams will provide basic aspects of health care onsite. If they are unable to provide the assistance required, they can arrange outpatient consultations with specialists and emergency admissions to hospital for critical emergencies.

It is possible to make a trip outside of prison if an urgent situation arises e.g. funerals or critical illness of a next of kin. You should contact your lawyer/public defender to submit this request to the authorities, who will assess each request on its merits.

Question 4

Police custody and initial arrival at prison

Accepted Answer

Arriving at the police station: your basic rights

The Cuban Constitution states that nobody may be detained except as established by law. Once a suspect has been identified, the police are authorised to make arrests.

If you are arrested you will be taken to an investigation facility/detention centre. You should be made aware of your rights. If detained, a person may be held for up to 24 hours, after which they must either be released or brought before a police inspector to be remanded. You should inform the authorities if you wish the British Embassy to be informed of your arrest.

The police officer making the arrest might want to take a statement from you. If you do not speak Spanish, this must be done in the presence of a translator or someone who can speak English. No fee is involved.

According to Cuban law, pre-trial imprisonment is usually limited to individuals who “cause public fear through crimes of murder, rape or robbery, or who pose a significant risk to the public”. Foreign national detainees may likely be refused permission to leave Cuba before the outcome of any investigations, although release on bail may still be considered by the police inspector in charge of the case.

You will be accused by the prosecutor’s office (Ministerio Publico). If you cannot afford a private lawyer, the Cuban Government will appoint a public defender for you. Only the equivalent of a public prosecutor can order a suspect to be remanded into custody and for no more than three working days (72 hours) initially. During this time, a decision must be made about whether to release the suspect; impose precautionary measures or non-custodial remand; or request the prosecutor to remand the suspect in custody. The prosecutor’s office then has three working days to either release the accused or submit an application to keep the accused in custody until trial to judicial review.

This review must be made by the court that will hear and judge the case. The court is required, within a further three working days, to either approve detention or order a release. The court’s decision is final. By law, a document (known in Cuba as an “AUTO”) should be issued within seven days of detention, which states the charges, file number, and other case-specific information.

If remanded, you will likely remain in custody until your trial. Court hearings usually take place six to twelve months from the date of arrest. In some cases, it can take longer depending on the nature of the offence. When you are officially charged, the court will inform you, via your lawyer/public defender, and the prison authorities of the sentencing which you are required to serve.

Appearing at court

On your trial date, you will be taken to the courtroom. If you do not speak Spanish, the court will be responsible for hiring an interpreter to assist you during the trial.

There is no jury in a trial. Cases are determined by a panel of judges much like an appeal court in the UK. Municipal courts, trying lesser crimes, usually have one professional judge and two lay judges (magistrates). Provincial courts are the same, except for certain cases that by law require the presence of three judges. In these cases, the court is made up of three judges and two magistrates. The Supreme Court has three professional judges.

The prosecutor requests the opening of the oral hearing and presents its file on the case (‘conclusiones provisionales’). The court inspects the file and may return it if it finds that procedural formalities have not been observed in the preparatory phase. This could mean the rights of the suspect have been breached, or the correct methods in gathering evidence have not been followed.

Court proceedings begin with the court secretary giving an account of the events that gave rise to the case/charges, and reporting whether the accused is subject to any precautionary measures (e.g. remand). The secretary then reads out the list of expert witnesses and others who have been called as witnesses. The evidence is then presented in the following order:

Statement of the accused
Documentary evidence
Witness examination
Reports from expert witnesses.

The prosecution speaks first at each stage, followed by the defence.

Once the evidence has been presented, the prosecution and the defence have the opportunity to revise their provisional conclusions. The account of events may only be revised if the revisions do not significantly alter the original charges. Any such revisions must be made in writing to the court.

After a presentation of the evidence, the presiding judge gives the floor to the prosecution and then to the defence. The accused person has the right to the last word. At the end of the trial, the judge will ask if they have anything further to add to their defence. If they do, they are allowed to address the court. A written report is made of each sitting of the court, which summarises everything of importance, as well as any formal objections by either side. Among other things, this may include reference to witnesses who did not appear, and whose evidence is considered necessary to their case.

The role of the court is to hear and assess the evidence from the prosecution and the defence, and the statement of the accused at the oral hearing. There are no procedures for settling a case outside of the proceedings such as plea-bargaining. All cases go to trial.

Read more information about the Cuban judicial system [link to section 3: The [Cuban judicial system]

Initial arrival at the prison

The prisoners are searched and documented on arrival at the prison.

Any personal belongings that are not part of the investigation process will be sent to the prison, depending on the availability of storage at the prison. It is recommended that you request a receipt for any personal belongings that will be stored on your behalf at the prison. The only property that the British Embassy can store on your behalf is your UK passport and/or driver’s licence if these are not retained at the courts as evidence of the alleged crime or as a condition for your bail/parole. If so, these will be held until the end of your sentence.

Prisoners must wear prison uniforms and slip-on shoes though personal clothing is allowed for some activities. In the case of men, they must also maintain short hair.

The prison authorities provide some toiletries. It is advisable to have family members or friends provide assistance with specific items that you may need.

The prisoner will be interviewed by the prison official in-charge of the case or the prison doctor in the event of a medical condition or a need for medications.

Question 5

Prison: conditions and daily life

Accepted Answer

The prisons are managed by the Cuban Ministry of the Interior. Male foreign nationals are detained at ‘La Condesa’ prison, which is in Guines Province, about an hour’s drive from Havana. Male Cuban nationals are detained at another facility. All female prisoners are held at ‘Mujeres de Occidente’ prison in Havana but, within the facility, foreign nationals are housed separately from Cuban nationals. Cuban prisons are generally austere.

The prison authorities will consider requests for visits between male and female prisoners. Visiting spouses can have also request conjugal visits. All visits must be requested by the prisoner or their lawyers and are reviewed on a case-by-case basis.

If you need medical or dental treatment, you should make an appointment to see the prison doctor or dentist. Inform the closest prison official about the problem as soon as possible. If this is not practical, you can also contact the consular team at the British Embassy to raise these concerns, and ask that they bring the issue to the attention of the appropriate prison official. All medical care is provided free of charge to detainees by the Cuban Ministry of Public Health. Medical checks will be carried out by the prison health department to assess if you need treatment for ongoing medical conditions. ‘La Condesa’ offers a basic medical facility because of limited resources. Prisoners suffering from any serious medical complaint will be taken to an alternative, appropriate facility.

Accommodation

Sentenced prisoners and those on remand share prison cells. Prisoners are grouped based on the criminal offence with which they were charged. The number of prisoners in a cell may vary from facility to facility however, overcrowding is not a common problem.

Bunk beds, mattresses, and blankets are provided. The other facilities in cells are toilet, washbasins, and running water. Electricity is available however, utility shortages can be expected.

Food and diet

Prisoners are entitled to three meals each day. Protein sources such as chicken, as well as fruits and vegetables, are often in short supply in Cuba.

Prisoners can supplement their diets by buying additional food, subject to availability from local suppliers or more regularly through visits from family or friends. They can also use funds sent by relatives or the Prisoners Abroad organisation if they have signed up to its services. Drinking water is readily available.

Hygiene

There is no limit on how many times a week prisoners can shower. The shower facilities are communal and the conditions may be perceived as basic. Although the prison should provide toiletries, we encourage you to seek assistance from family members or friends to purchase hygiene products on your behalf due to shortages in country.

A small shop located within “La Condesa” may occasionally sell tobacco cigarettes and other limited hygiene items when supplies are available.

There is no shop at the female’s prison.

Work and study

It is difficult for the prison to supply work for all prisoners because there are limited jobs but, if you are able to work, you will earn a small salary.

The, ‘La Condesa’ prison offers educational programmes for prisoners but there are limited resources. Study opportunities may be explored by checking with the prison authorities about the courses that are available at the time.

Contact and languages

Contact with other inmates is not restricted. Depending on the prison you are sent to, you may be placed in a cell with other English-speaking inmates. Language may be a barrier when communicating with the guards as they do not usually speak English. You may be granted access to Spanish lessons if they are available while you are detained.

The prisons each have a library with a limited range of books, in Spanish and English, which are available to inmates. A small supply of English books is generally available at ‘La Condesa’ prison. Consular officials will also bring British newspapers with them to the prison when available. There is no internet access in the prisons in Cuba.

You can make phone calls with prepaid telephone cards which can be used on the public telephones available at the prisons. A time limit will be assigned for each call. You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

Prison regulations have established that prisoners can spend time outdoors daily. There are no exercise facilities in the prisons but some activities may be organised by prison authorities and prisoners are allowed to exercise outdoors for several hours. Other recreational activities are organised on an ad hoc basis.

Climate

The weather tends to be extremely hot and humid in summer mainly in June, July and August. Temperatures can go up to 36 or 37 degrees Celsius. Cuba’s winter period is relatively mild with an average temperature of 14 degrees Celsius although it can become cooler at night.

Weather-appropriate clothing is provided by the prison although it is advisable that prisoners have access to some of their own items to ensure an adequate supply.

Religion

Religious care is allowed to prisoners as per the Cuban constitution and prison regulations. The detention facility is not staffed with religious ministers but prisoners can submit a request for a visit by representatives of the relevant denomination.

Rules and regulations (including drugs)

Prison rules are explained to prisoners as part of the admin process after arrival at the facility. The use of force or harsh techniques is prohibited under the Cuban constitution. Certain improper behaviours such as insulting or abusing staff would be considered a serious offence. Prisoner behaviour is monitored by the authorities and it is recorded in their file.

Drug trafficking between inmates is not a known issue in Cuba. Tobacco cigarettes are allowed inside Cuban prisons but if you are caught with illegal drugs e.g. marijuana, cocaine etc, you will be punished accordingly.

Safety is not a known issue in the prisons so any security incident that occurs should be raised immediately with the authorities, your lawyer or the Embassy. If you have serious concerns for your safety, please raise any issues with us during our consular visits for immediacy or request a call to the Embassy if it occurs between visits.

Question 6

Receiving money

Accepted Answer

There are 2 ways you may be able to receive financial assistance while in prison:

Private funds: deposited to you by your family or friends.
Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day).

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Prisoners in Cuba are not able to receive money directly from family members, for example, into a prison bank account. Consular officials will deposit money received; from family or friends transferred via the Foreign, Commonwealth & Development Office’s Consular Directorate in London or from welfare organisations such as Prisoners Abroad; with the prison authorities. This will enable you to purchase additional foodstuff and any personal items from the prison shop or external local suppliers. There is usually a very limited selection available.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular donations from other sources. This is a small grant provided quarterly for essentials including vitamins and medical needs which meet their threshold.

Medical and Dental treatment

While you are detained, Cuba is responsible for ensuring your basic medical needs are met. Free medical attention is provided by the Cuban Ministry of Public Health.

If you need medical or dental treatment, you should make an appointment to see the prison doctor or dentist. Let the closest prison official know about the problem as soon as possible.

You may seek medical checks to assess if you need any treatment for ongoing medical conditions (e.g. blood pressure, diabetes, HIV). ‘La Condesa’ offers a basic medical facility but there are limited resources. Prisoners suffering from any serious medical complaint will be taken to an alternate facility.

Prisoners can request an eye test if needed. If glasses need to be purchased or replaced, those costs will need to be paid directly by the prisoner.

There is no psychiatrist or psychologist at the prison but you can book an appointment to see one of them if needed, and it would be arranged by local authorities for their assessment of the case.

Many medicines are unavailable in Cuba. A copy of the prescription and a letter from your doctor explaining your condition may be helpful if you take prescribed medication regularly. With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

There is usually no limit to the number of letters you may send or receive from family and friends. The prison authorities are obliged to deliver letters with a minimum delay. Please be aware that the prison might read your letters before sending them to the recipient.

If you are told you are not allowed to receive letters in English, you should notify a Consular Officer and we will communicate with the director/commander of the prison.

All letters sent to the Embassy are opened before they are given to prisoners to check for prohibited items such as paper clips, etc before they are given to prisoners. Consular officers will not read the contents.

The Cuban postal service is unreliable and delivery of items sent through the post cannot be guaranteed. The prison has no facilities for prisoners to get stamps, (to be paid), paper, pens, etc.

Telephone calls

You can make telephone calls. These should be done via prepaid telephone cards which can be used at public telephones available at the prisons. Mobile phones are strictly prohibited and possession of one will be considered a serious offence.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

Question 7

Chapter 3: The Cuban judicial system

Accepted Answer

Overview

Although there are some similarities, the Cuban judicial system differs from the UK system.

Prisoners have the right to legal representation and an interpreter, there is no jury in a trial and cases are determined by panels of judges.

Cuba is a civil law state with an inquisitorial judicial system (‘inquisitorial’ means gathering and evaluating evidence, as well as questioning individuals). Central to this system is the notion that no criminal case exists until an initial investigation (‘fase preparatoria’) shows that a crime has been committed and that a particular person is a probable offender. Before a formal criminal case is established, so the argument follows, citizens have little need for ‘procedural protection’.

This explains why the Cuban police have such wide powers to stop and question people, and to search premises.

The legal process is divided into the following stages:

The denuncia, is the reporting of the crime followed by the police investigation.

The preparatory phase (‘fase preparatoria’) starts once a suspect has been identified and the investigation process begins to establish the facts and to gather evidence. This phase is controlled by the Public Prosecution Service (PPS) but the enquiries may be carried out by the police inspector, the Department for State Security, or directly by the public prosecutor. This process should not exceed 60 days but it may be extended to a period of six months at the request of the inspector-in-chief. After six months, the case must be handed to the prosecutor, irrespective of progress, who may rule on a further period for completion of the preparatory phase. There may be no fixed limit for this extension and there is no right of appeal. The preparatory phase can take between 12 and 14 months to complete in serious cases.

The intermediate phase begins when the prosecutor confirms that the investigation has been completed or identifies further enquiries to be carried out, either via his office or by the police inspector. The prosecutor submits the legal request to the relevant court, asking for the oral hearing to begin. At this stage, the prosecutor can request a temporary adjournment if there is insufficient evidence that a crime has been committed. Additionally, the prosecutor may request a temporary adjournment if the facts of the crime have been established but there is not enough evidence to accuse anyone of committing the crime. In either case, precautionary measures (remand) are lifted.

The oral hearing or trial stage. This must involve impartial judges who have not been involved in any other stage of the proceedings. Lawyers for both the prosecution and defence should also be present. The evidence on both sides is examined, judgment is made, and any applicable sentence is passed.

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

Question 8

Trial and legal assistance

Accepted Answer

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see for a list of English-speaking lawyers . Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

British Embassy Consular staff cannot give legal advice but we can offer general guidance on the Cuban legal system. A lawyer can be engaged through a “Contract for Legal Services”. Payment is regulated with costs increasing for more complicated cases. If an accused cannot afford a lawyer, the courts will appoint one from a local legal collective.

Lawyers, private or public defenders can only intercede on behalf of their clients on completion of the preparatory phase and once the oral hearing has commenced (or when a precautionary measure has been taken). All types of legal counsel have the same rights in regards to access to the prisoner and case related documents as soon as they are made available for them to visit for interviews.

Trial

On your trial date, you will be taken to the courtroom. If you do not speak Spanish, the court will be responsible for hiring an interpreter to assist you during the trial.

There is no jury in a trial. Cases are determined by a panel of judges much like an appeal court in the UK. Municipal courts, trying lesser crimes, usually have one professional judge and two lay judges (magistrates). Provincial courts are the same, except for certain cases that by law require the presence of three judges. In these cases, the court is made up of three judges and two magistrates. The Supreme Court has three professional judges.

The prosecutor requests the opening of the oral hearing and presents its file on the case (‘conclusiones provisionales’). The court inspects the file and may return it if it finds that procedural formalities have not been observed in the preparatory phase. This could mean the rights of the suspect have been breached, or the correct methods in gathering evidence have not been followed.

Court proceedings begin with the court secretary giving an account of the events that gave rise to the case/charges, and reporting whether the accused is subject to any precautionary measures (e.g. remand). The secretary then reads out the list of expert witnesses and others who have been called as witnesses. The evidence is then presented in the following order:

Statement of the accused
Documentary evidence
Witness examination
Reports from expert witnesses.

The prosecution speaks first at each stage, followed by the defence.

Once the evidence has been presented, the prosecution and the defence have the opportunity to revise their provisional conclusions. The account of events may only be revised if the revisions do not significantly alter the original charges. Any such revisions must be made in writing to the court.

After a presentation of the evidence, the presiding judge gives the floor to the prosecution and then to the defence. The accused person has the right to the last word. At the end of the trial, the judge will ask if they have anything further to add to their defence. If they do, they are allowed to address the court. A written report is made of each sitting of the court, which summarises everything of importance, as well as any formal objections by either side. Among other things, this may include reference to witnesses who did not appear, and whose evidence is considered necessary to their case.

The role of the court is to hear and assess the evidence from the prosecution and the defence, and the statement of the accused at the oral hearing. There are no procedures for settling a case outside of the proceedings such as plea bargaining. All cases go to trial.

There has been an effort in recent years to reduce the time that trials take to be heard and judged. With serious crimes, the preparatory phase, plus trial and verdict, now takes an average of six months, while for lesser crimes the average is 30 days for first instance cases. However, sentencing can add additional time as it is decided by a panel of judges. Due to the volume of cases, they may not convene until months after the case was first heard in court.

Although organs of the state, courts operate independently. At the head of the judicial process is the Supreme Court, followed by provincial courts (which prosecute felonies), municipal courts (for misdemeanours) and military courts.

Sentences

The panel of judges will consider the case to determine the verdict and deliver a sentence. The sentence must reflect the charge and must not be heavier than that requested by the prosecution. Sentences vary greatly in Cuba and will depend on the seriousness of the offence and whether it can be considered a crime against state security.

Drug-related crimes as well as murders and those that involve minors generally attract longer sentences. Your lawyer/public defender will be best placed to advise on the length of sentences.

British Nationals would likely be automatically deported to the UK. This process is overseen by the Ministry of Interior in Cuba.

Appeals

Appeals may be made against the municipal and provincial courts’ sentences. Your lawyer is best placed to advise whether or not you have grounds for appeal. If so, they will guide you through the applicable process as appeals can be made on procedural grounds (‘Infracción de Ley’) or on points of law (‘Quebrantamiento de Forma’).

Question 9

Reaching the end of your sentence

Accepted Answer

Reduction of sentence (remission)

The sentence may be revised if the municipal courts deliver custodial sentences, heavy fines or other sentences that are considered either extremely severe or too lenient concerning the crime.

Re-sentencing can also be applied when the defendant has been wrongly acquitted. The revision request may not be accepted, as it is not mandatory to do so. During this process, the sentence continues to be served.

Any consideration of substituting a custodial sentence for one of conditional release is the responsibility of the court that passed the sentence, as is the enforcement of the sentence.

Technically, Cuba’s penal system (works on a ten-month year; that is two months are taken off for each year of good behaviour. However, the final decision still rests with the Prison Commander who can choose to delay release dates.

Early release

In principle, a system exists for a prisoner to be released after having served 50% of their sentence. However, this is at the discretion of the prison commander and may not apply to foreign nationals. The courts also reserve the right to give suspended sentences and allow foreigners to leave the country.

Clemency or pardon

In Cuba, pardon or clemency can only be given by the President or his delegates. Your lawyer/public defender is best placed to advise on the technical aspects this may entail.

Financial penalties

If fines are part of a foreigner’s sentence, they have to be paid in CUP (Cuban pesos currency). Usually, funds are confiscated on arrest and used to help pay off any fines.

Transfer to another prison within [Cuba]

If you have been tried and convicted, you will be sent to a prison where you can expect to serve your sentence. Transfers are not common within Cuba due to the very limited number of prisons for foreigners.

Transfer to a prison in the UK

A bilateral UK/Cuba Prisoner Transfer Agreement (PTA) has now been signed and ratified. Prisoners have been transferred to the UK to serve their sentences under the terms of this agreement. Consular officials can provide more information on the provisions of the PTA, but essentially a transfer requires the following:

Your request/consent to transfer or that of your legal representative,
Agreement of the Cuban Government to the transfer,
Acceptance of the authorities in the United Kingdom to your transfer.

To transfer to the UK, you must:

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

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

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

The first step of the process is to submit a letter to the prison director/commander requesting that your case be assessed for transfer.

Release and deportation

On completion of your sentence, deportation is almost certain and having a valid airline ticket is essential to the process. The prison authorities will transfer you to the immigration authorities who will hold you at their detention facility until travel to the UK has been arranged. The Consular Section of the Embassy can liaise with a prisoner’s family or friends to transfer funds through the Foreign, Commonwealth & Development Office to purchase a ticket.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell your consular caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

advice on finding emergency accommodation in the London area
claiming welfare benefits, including emergency benefit payments if you are destitute
making appointments with doctors and dentists
putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army
UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Question 10

Prisoners Abroad

Accepted Answer

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

your rights as a prisoner
issues that may affect you such as health or transfer to the UK
getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
learning the language of your country of imprisonment
translating documents
grants for food if you are in a developing country and do not have funds from other sources
grants for essential medicines and toiletries if you do not have funds from other sources
preparing for release
help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays and Tuesdays 9:30am to 6pm (UK time)
Wednesdays to Fridays 9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH
UK

Question 11

Glossary of useful legal terms

Accepted Answer

English	Spanish
Adjudication	Adjudicación
Access to file by lawyer	Acceso a expediente por el abogado
Administration of justice	Administración de Justicia
Appeal	Apelación
Application	Solicitud
Prison Officer	Oficial de Prision
Complaint system	Sistema para procesar Quejas
Conjugal visit	Visita íntima
Penal Code	Código Penal
Civil Code	Código Civil
Hearing	Audiencia/Juicio Oral
Extradition	Extradición
Deportation	Deportación
Expert Witness	Perito
Evidence	Evidencia
Evaluation of Evidence	Evaluación de Evidencia
File	Caso
Interpreter	Traductor
Translator	Traductor
Guilty	Culpable
Judge	Juez
Ministry of Justice	Ministerio de Justicia
Ministry of Public Health	Ministerio de Salud Pública
Local prison rules	Reglas de Prisión
Preventive detention	Prisión preventiva
Physical examination	Examen físico
Notary	Notario
Preparatory Phase	Fase Preparatoria
Intermediate Phase	Fase Intermedia
Contract of Legal Service	Contrato de Servicios Legales
Supreme Court	Corte Suprema
Appeal on procedural grounds	Apelación en base a infracción de ley
Appeal on points of law	Apelación en base a quebrantamiento de forma
Municipality	Municipio
Police Report	Reporte Policial
Deportation Order	Orden de extradición

Question 12

Annex

Accepted Answer

FCDO guidance: Support for British nationals abroad

https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide

FCDO guidance: Arrested abroad: advice for British nationals

https://www.gov.uk/government/publications/arrest-or-detention/arrested-abroad-advice-for-british-nationals

List of English-Speaking Lawyers

https://www.gov.uk/government/publications/cuba-list-of-lawyers–2/list-of-lawyers-cuba

List of Private Translators/Interpreters

https://www.gov.uk/government/publications/cuba-list-of-translators-and-interpreters/list-of-translators-interpreters-cuba

Prisoners Abroad Forms

https://www.prisonersabroad.org.uk/arrest-and-imprisonment

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Chapter 1: Key points

Overview

Contacting us

Who we are

What we can do

What we cannot do

First steps

Informing family members

Informing the UK police

Legal assistance: lawyers

Consular assistance: fair treatment

Other organisations that can provide assistance

Chapter 2: Detention conditions in Cuba

Visits: friends and family

Who can visit and how to arrange visits

What to expect when you visit

What you can take on your visit

Visits: consular staff

Emergency trips outside of prison

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Appearing at court

Initial arrival at the prison

Prison: conditions and daily life

Accommodation

Food and diet

Hygiene

Work and study

Contact and languages

Exercise

Climate

Religion

Rules and regulations (including drugs)

Prison: access to help and services

Receiving money

Private funds

Prisoners Abroad

Medical and Dental treatment

Letters and parcels

Telephone calls

Making a complaint about mistreatment

Chapter 3: The Cuban judicial system

Overview

First steps

What should happen after you are arrested

How long you can be remanded in custody

Prisoners on remand and sentenced prisoners: differences

After you are charged

Bail

Trial and legal assistance

Legal assistance: lawyers and legal aid

Trial

Sentences

Appeals

Reaching the end of your sentence

Reduction of sentence (remission)

Early release

Clemency or pardon

Financial penalties

Transfer to another prison within [Cuba]

Transfer to a prison in the UK

Release and deportation

Your criminal record in the UK

Prisoners Abroad

Glossary of useful legal terms

Annex

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