Guidance

British prisoners in Mali: information pack

Updated 21 November 2024

Disclaimer

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

Chapter 1: Key points

Overview

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

This information pack aims to give you, and your family and friends, information about the local system in Mali 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, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

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

Who we are

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

Contact details for the British Embassy Bamako:

• tel: +223 44976913
• website: www.gov.uk/world/organisations/british-embassy-bamako
• online enquiries: 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 Mali, notification by the authorities to the British embassy takes place shortly after the arrest and normally within 24 hours.   

We can also:

• provide a list of local English-speaking lawyers and a list of translators
• 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

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing. 

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Mali.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also provide you a list of translators in Mali and a list of English-speaking lawyers.

You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Mali

Visits: friends and family

Who can visit and how to arrange visits

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

Prisoners may receive visits daily, from family members, relatives and friends. Visits last 15 minutes. Access to prisoners is subject to the presentation of a valid identity document and a communication permit issued by the competent magistrates.

A monthly permit may be issued to visitors of long-sentenced prisoners. Visits take place in the presence of a supervisor outside of the detention area. If the prisoner is unable to leave for health reasons, visitors may be authorised by the head of the prison and probation service to visit the prisoner in the infirmary.

In practice, each prison can and some do have individual internal measures for visitors. For example, in some Friday is reserved exclusively for visits by persons detained for terrorism.

The law does not set a limit to the number of visitors at any one time, but prisons organise the number of visitors on a case-by-case basis.

Visitors should not bring any prohibited items (weapons, alcohol, drugs, etc.).

What to expect when you visit

The visit takes place in a room set aside for this purpose, known as a visiting room, if the prison has one. If not, in a free space set up by the prison, within hearing and sight of the prison warden or other prison officer.  Only the prison of Kénioroba, not far from Bamako, has a room where prisoners are behind glass during visits.

Conversations between detainees and their lawyers are not recorded but will take place under a degree of staff supervision. Lawyers are not permitted to use individual telephones when meeting detainees.

Visitors will be searched. The time limit for visits is 15 minutes. Visits can only occur during approved hours.

Visits would only be cancelled by the authorities in exceptional circumstances.

There are no bank machines in Malian prisons.

What you can take on your visit

It is forbidden for visitors to hand over anything (without authorisation) to the detainee and vice versa.

But visitors may bring items, including food, provided that the items are not prohibited by the prison.

Visits: consular staff

Consular staff will visit detainees in Bamako when necessary, and so long as security conditions permit. This can be done by making a request through the prison authorities or designated legal representatives.

Is it possible to arrange to speak over the phone instead?

Prisons generally have telephones to enable prisoners to make calls in an emergency, but it’s not an automatic privilege. The reality, in Mali, is few prisons have landline telephones.

Emergency trips outside of prison

It might be possible for you to leave the prison if an urgent situation arises, but only if it is within the country, and such requests would be dealt with on a case-by-case basis.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Everyone has the right to be informed of the charges against them and to be assisted by counsel.

If you are not confident in French, the arresting police officers are likely to provide an interpreter, to guarantee the balance of the parties’ rights. The interpretation is free of charge. You have the right to insist on having an interpreter but should then expect a possible delay for the interpreter to be assigned and to arrive.

During the preparatory investigation, any processes conducted before the investigating judge, and at the hearing (during the judgment), the assistance of an interpreter will be required if any party key to proceedings does not speak French.

During the preliminary investigation, any person implicated, or victim of an offense has the right to be assisted at his or her request by one or more lawyers of their choice.

You can request the presence of your lawyer before answering questions or making statements.

Legal aid is available in Mali under certain conditions. It is applicable in civil, commercial, social and administrative matters as well as in criminal matters.

The starting detention period, to be held without charge, is up to 48 hours. If there are serious charges with strong corroborating evidence, the 48-hour period of custody may be extended by 24 hours by written authorisation of the public prosecutor without charge.

Suspected perpetrators of terrorist offenses or transnational organized crime and their accomplices may be held in police custody for a period of 48 hours, which may be extended twice. Written authorization from the Public Prosecutor will be required every 48 hours from the time of initial detention and prior to any formal charges being made.  

After this period, they are released unless they are formally charged and placed under a detention order.

In all cases, the charge may be brought before the expiry of these time limits.

Those detained during the preliminary investigation phase by the judicial police will be placed in police or gendarmerie cells.

When charged, you are moved from police cells to prisons pending trial.

You will have access to food and water. Most police cells in Mali do not have beds.

As soon as they decide to question you, the officer is obliged to read you your rights. The following are the basic rights:

• to be assisted at your discretion by one or more lawyers of your choice
• to be examined by a doctor of your choice
• inform and receive a family member. This is a fundamental right. Therefore, it cannot be denied. There is no provision for secret police custody
• the presumption of innocence, which is guaranteed until guilt is recognised by the competent courts

These fundamental rights are set out in the law on the code of criminal procedure in the Republic of Mali. If these rights are not respected, you may refuse to sign the minutes of the hearing and remain silent.

Your personal belongings will be kept by the judicial police officers until you are placed under a detention order in a prison.

You are allowed to make a phone call. Calls are, in principle, allowed to foreign numbers.

Appearing at court

It is the nature of the offence that determines the competent jurisdiction. For misdemeanours, it is the correctional court. Crimes are the responsibility of the assize court. In criminal cases, lawyers are court-appointed for defendants who do not have one. In misdemeanours, the assistance of a lawyer is only compulsory when the accused is suffering from a disability that could compromise their defence.

The accused and/or the defendant appear, and the witnesses are heard. The prosecution and the defence have equal right to present their case.   

Once both sides have presented their cases, a decision is made on the guilt or otherwise of the defendant and/or the accused. The judge can only base their decision on evidence brought to them during the debates and discussed by both parties.

There is no obligation on the detainee to speak.

If the detainee does not have a lawyer, a court-appointed lawyer may be appointed in all cases in criminal matters.

Lawyers are not required to speak in English as the official working language in the Republic of Mali is French. Detainees at all stages of criminal proceedings may be assisted by an interpreter.

Initial arrival at the prison

On arrival, you are placed directly in detention cells.

Penitentiary establishments allocate cells based on the sex, age, penal category (of crime), state of health, and conduct or personality of the prisoner. Dangerous offenders are held in high-security wards.

Upon arrival, you will be searched and money, jewellery, dangerous instruments, or prohibited substances are confiscated. After an inventory has been made and recorded in a register, at your request, items can be passed to family. Alternatively, they are handed to the head of the prison.

For objects whose price or importance appears too high, they are temporarily recorded in the register; but you are invited to dispose of them either by selling them or by returning them to family, or by entrusting them to a bank or a third party. In this case, the cost of shipping and custody shall be borne by you.

All prisons should, in principle, have a telephone to enable prisoners to make calls. On arrival at the prison, you have the right to make a phone call at no cost. You will be able to make a national or international call.

The doctor must examine you as soon as possible after arrival and as often as necessary thereafter, to establish any physical or mental illness, and take all necessary measures to ensure the separation of prisoners suspected of infectious or contagious diseases.

If you have a prescription for medication that you rely on, you are allowed to enter prison with your medication. However, the medication will be left with the prison guards, and they will administer the correct dosage daily.

Pre-trial detainees keep their own clothing. For permanently sentenced prisoners, a prisoner uniform should be issued, but this is rare and most retain their own clothes.

Each month, a ration of soap (2 bars of soap and 2 sachets of soap powder) is allocated for cleaning the body and belongings. Toothbrushes and toothpaste are not provided. A “Dignity Kit” is given to female prisoners. This includes sanitary items (pads).

Each prisoner is assigned an individual bed that they must maintain and keep clean.

Prison: conditions and daily life

Accommodation

Penitentiary and probationary institutions have separate quarters to separate prisoners, taking into account their gender, age, criminal record, reasons for detention, and treatment requirements.

The cells are shared. The number of people per cell varies according to the individual penitentiary. Overcrowding is a common problem in Mali.

Each detainee must have an individual bed that is sufficient, properly maintained and renewed to ensure cleanliness.

The bed type will depend on the individual prison.

Facilities, such as washbasins, toilets, running water etc vary from prison to prison in terms of what might be within a cell and what might be communal.

The levels of natural light depend on the prison and its design. It is understood that newer prisons are better designed than the older ones.

Food and diet

Prisoners are entitled to three meals a day. The food is local and dependent on the geographical location of the prison. The food will normally be based around rice, millet, beans, protein paste etc. with sufficient nutritional value to maintain health.

On religious holidays there is often a special menu offered. There is no special menu for lifestyle or health reasons and for those not fasting, meals are served during Ramadan.

Any detainee has the option of purchasing or receiving food from outside at their own expense provided that this food can be consumed without further cooking. Food brought in from outside must be labelled, registered and will be checked.

You can buy food in prison shops where they exist.

Local tap water is not safe to drink.

There is no limit to the number of times per week that prisoners can shower. Showers are communal.

Prisoners must wash at least once a day, if possible. Detention facilities must be maintained in a state of health and hygiene that meets the required standards. Prisoners are assigned chores for this purpose.

Work and study

Work is not compulsory for all prisoners, only for convicts under ordinary law. Exemptions may be granted for health or age reasons by the head of the prison and probation institution, on the advice of the doctor. In no case shall prisoners be granted or placed at the disposal of private individuals or companies.

Remand prisoners and those sentenced to simple police sentences are not obligated to work, but they can ask to be employed.

Work in prison is classified into 3 categories:

• chores
• direct labour
• concession

Chores are when prisoners are used for internal or external work, including:

• cleaning of premises and external surroundings
• kitchen work
• gardening
• maintenance of streets, roads or public buildings

This type of work is always carried out under the supervision of a prison officer and supervisor, unlike free work which is carried out without direct supervision.

In principle, all categories of prison work can be paid for. In the case of chores, this is rarely paid for. Penal work is subject to the same conditions of duration and salary treatment as for free workers.

The income from work performed by prisoners is distributed between the following:

• for the benefit of the public treasury and the civil party, if applicable
• the prisoner for their allowance or into a reserve fund for the benefit on their release
• to the institution

Prisoners serving long sentences may be awarded a performance bonus in addition to their remuneration, at the discretion of the Directorate of Prison Administration and Supervised Education. This bonus will be deducted from the institution’s share.

The prisons offer some courses for inmates. Literacy courses (French) in particular. They offer study tools like textbooks. Some qualifications can be studied for, but inmates need to speak the local language to do so. Alternatively, the authorities allow for postal studies.

Contact and languages

Contact with prisoners living in the same area is not normally restricted. There is no specific time when contact with other prisoners is prohibited either.

Detainees are not placed in cells according to the language they speak. The guards generally speak French. Malian prisons do not specifically offer language courses other than French literacy.

Detainees have access to a telephone (although some prisons do not have a telephone cabinet). Writing materials are made available to learners. At present, Malian prisons do not have access to the internet.

Prisoners are allowed to request books/magazines/newspapers from outside.

There are sometimes socio-cultural and recreational activities (such as theatre, dance, etc.) and sports activities (football, basketball, etc.) but this will vary from prison to prison.

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

Exercise

You are allowed to regularly exercise at scheduled times. There are exercise facilities in all prisons, but the exact facilities will vary.

Climate

The climate is very different from the UK as it can get very hot and humid in Mali. In winter it can feel cold depending on the location. Towards the north of the country, it is cooler.

Prisons do not provide clothing to prisoners in consideration of the weather conditions. You would be expected to arrange for suitable personal clothing.

Religion

You have the right to take part in religious services of your choice and prisons will normally arrange for a space for prisoners to practice their faith.

You have the right to be visited by a priest or a minister of your faith. Preaching and masses are organised in prisons that have mosques and churches.

Some detention centres have religious ministers working there.

Rules and regulations (including drugs)

Prison rules and regulations are explained to prisoners, and the regulations are also posted on the walls of the prisons.

You can only be punished for violating the rules. Any violation of them shall constitute a disciplinary fault. There are 2 categories of disciplinary offences according to their degree of seriousness: first-degree and second-degree misconduct. Sanctions will reflect the seriousness of the offence, which is assessed and examined by a disciplinary committee composed of the head of the prison, the head supervisor, the social worker and the doctor. You must be informed in advance of the alleged misconduct to prepare your defence. However, in an emergency, the perpetrator of a serious offence may be taken to a cell to await the decision. 

Sanctions, if any, are taken in a collegial manner and pronounced by the head of the prison. Mention must be made in the quarterly report. In all cases, prisoners must leave their cells twice a day for 1 hour, in the morning and evening.

As a reward for good behaviour, the following benefits may be granted:

• authorisation to receive money or to take small sums from their savings or money deposited at the registry for their minor needs
• sympathetic consideration of applications for parole

Smoking is forbidden in cells but is often permitted in designated areas.

Drugs, other narcotics and alcohol are prohibited in prisons.

Prison authorities do not routinely test prisoners for the presence of drugs.

It is likely that communicable diseases are present in Mali’s prisons including but not limited to HIV and Hepatitis.  

The possession, or trafficking, of drugs and/or any objects prohibited in a prison environment is a second-degree disciplinary offence.

Prison conditions in Mali are poor. Overcrowding, inadequate sanitary conditions and inadequate medical care means prisons are harsh and can take a significant toll on health. There are no specific prison ombudsmen. The National Commission for Human Rights (CNDH) is charged with visiting prisons and ensuring acceptable conditions, but in practice it is not clear how frequently these visits take place. The Malian government’s Penitentiary Administration also investigates and monitors detention centre conditions. Detainees can submit complaints, either directly through the CNDH or through the Office of the Ombudsman of the Republic of Mali, to judicial authorities to request investigation of credible allegations of inhuman conditions. Issues can also be raised by your legal representation.

Prison: access to help and services

Receiving money

There are two 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. Please note that you cannot have cash sent to you in the post.

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

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

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Medical and Dental treatment

While you are detained, Mali is responsible for ensuring your basic medical needs are met. There will be a medical infirmary on the prison grounds. Healthcare is provided to all prisoners irrespective of their nationality.

If you need medical or dental treatment, you should make an appointment to see the prison nurse through the warden. The nurse can provide routine treatment as well as a doctor (GP) who is assigned to the prison. However, there are no dentists readily available. For more serious complaints you will be referred to the nearest hospital, at the discretion of the prison. If a specialist is required, you will be referred to one. Medical bills from outside medical facilities cannot be met by the prison authority.

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 the UK for the information of the prison medical staff.

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. Certain medicines may not be available in Mali (including major brands readily available in the UK). Mali’s prisons are supplied with medicines by the Pharmacie Populaire du Mali, and all medicines available at the prison infirmary are free of charge for the prisoners. If a medicine is not available from the prison nurse/doctor, it is at the expense of the prisoner. Neither anti-malarials nor mosquito nets are provided and would have to be privately arranged for.

You might be able to access private health care during your stay if you express the need, but it would be at the discretion of the prison authorities.

There is limited access to psychologists and psychiatrists depending on local availability. On arrival at the prison, you will be examined to identify the possible existence of mental illness so that necessary measures can be taken.

It is possible for you to request glasses.

In the event of a medical emergency, you must notify the prison guards for urgent treatment at the prison infirmary. If the case exceeds the capacity of the prison infirmary, it is immediately referred to specialised hospitals. 

The costs of healthcare outside the prison are borne by you.

Letters and parcels

You might be allowed to receive parcels, but this will depend on where you are and local postal services, as well as the discretion of the authorities.

Correspondence will be read and controlled by the head of the institution. The exception is letters addressed to judicial or administrative authorities or lawyers. Letters from the latter shall be handed over to you unopened.

You do not have to pay a prison guard to receive parcels or mail, the receipt of parcels and/or mail is free.

Letters/packages received by you are checked by prison officers. If there are no prohibited items, you will have access to the items attached to the letter or package.

There is no exhaustive list of prohibited items but alcohol, narcotics, weapons and pornography are not allowed in prison.

You should consult FCDO travel advice for specific customs advice to follow.

Stamps are not required for prisoners in internal correspondence but will be required if sent out externally.

Telephone calls

You are allowed to make both national and international telephone calls provided that the prison has a telephone cabinet. Not all Malian prisons do.

You must make a request for a phone call to the prison officers.

Phone calls are limited to a certain amount per week and month and limited to a certain number of minutes determined by the prison.

If the prison has a telephone office, you may receive or make calls for free.

You do not have to register the numbers you want to call.

Prisoners are not allowed to have mobile phones. If a prisoner is caught with a phone, it will automatically be confiscated and returned to the prisoner on release.

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.

If you wish to make a complaint through the local system instead, you can write a complaint addressed to the head of the establishment without filing any particular form. You may also be accompanied in this process by the prison social worker. You can speak to the prison supervisor or the prison social worker.

Chapter 3: The Malian judicial system

Overview

The Malian judicial system is like the French judicial system.

There are civil courts and criminal courts.

The Malian judicial system is based on a multitude of criminal jurisdictions. A distinction is made between the investigating courts; the trial courts; and the criminal chamber of the Supreme Court.

Investigating courts

In Mali it is uncommon for cases to brought directly before the trial court. Instead, a preliminary process is undertaken, which is called preparatory investigation or judicial information. This is the responsibility of specialised bodies called investigating courts. These are the examining magistrate and the Indictment Division of the Court of Appeal.

The examining magistrate is the first instance for ordinary criminal cases. There is at least one examining magistrate at each High Court and District Court. If the investigating judge is unable to act, a judge is appointed by order of the president of the court to replace him.

The examining magistrate is an investigating magistrate responsible for the search for and collection of evidence, in the manner of members of the judicial police. In this capacity, they carry out all investigations that seem useful for establishing the truth (questioning of the accused, hearing the civil party, deposing witnesses, seizures, etc.). To carry out their duties, they have access to judicial warrants.

The examining magistrate is also a court that takes decisions called orders (orders to refuse to inform, to release or to close the case). These orders have the same weight as a decision of a trial court.

The orders of the investigating judge can be appealed to the Indictment Division.

The Indictment Division of the Court of Appeal is an investigating court of the second instance.

The Indictment Division is a panel of the Court of Appeal. It is composed of a President and 2 councillors, all of whom are magistrates.

The Indictment Division has many functions in Mali. In particular, as an appeal court, the Indictment Division examines the legality of proceedings submitted to it. When it discovers a cause of nullity, it declares the act that is tainted null and void and, if necessary, all or part of the subsequent proceedings.

The Indictment Division also carries out second-degree investigations in criminal matters.

The trial courts

The trial courts are bodies responsible for ruling on public prosecution by deciding on guilt and punishment. In addition, they also rule on civil action for compensation for the damage caused by the offence.

In Mali, there are courts of first instance and the Court of Assizes.

The courts of first instance are the High Court and the district courts.

High Courts are located in regional capitals, but the city of Bamako has six, (one court per commune). Exceptionally, 3 circles of chief towns have a High Court (the circles of Kati, Kita and Koutiala, due to the large volume of cases).

The decisions of the District Court are located in the chief towns of the circles.

The High Court and the District Court are competent to judge all offences and contraventions committed within their jurisdiction. When they rule on misdemeanours, these courts are called ‘Correctional Courts’ and become ‘Police Courts’ in the case of contraventions. It may even happen that misdemeanour and contravention cases are tried in the same hearing.

In the High Court, judgments are rendered by a President and two Judges at the seat (but in practice, a single Judge always renders justice in the High Court).

In the District Court, the President or a Judge in the seat renders justice alone in the matters that fall within the jurisdiction of the court.

These courts also include prosecutors’ offices which carry out and defend the prosecution.

The Assize Court is a court that tries crimes. It sits within the Courts of Appeal, of which there are currently 6. Each of these courts of assizes has the same jurisdiction as the Court of Appeal to which it is attached and at whose seat it holds its sessions.

The Assize Court is composed as follows:

• a President
• 2 councillors
• 4 assessors
• a clerk

The 4 assessors form the jury while the professional magistrates (President plus the 2 advisors) make up the Court itself.

The Criminal Division of the Supreme Court

The Criminal Chamber is one of the chambers of the judicial section of the Supreme Court of Mali. It is the supreme jurisdiction in criminal matters in Mali. It consists of a president and 2 councillors.

The Criminal Chamber specialises in criminal matters. The judgments of the Indictment Division and the judgments and rulings handed down at last instance in criminal, correctional and police matters may be annulled on grounds of appeal to the Supreme Court by the public prosecutor or by the party against whom the complaint has been made.

The Criminal Division also rules on review applications.

Through any of the above courts, prisoners can plead “guilty”, “not guilty” or “not contestable”.

The stages a case will go through are the preliminary investigation, the investigation, the judgment, and the exercise of remedies (see above).

The law does not set a deadline for all stages of the procedure so it is difficult to say how long it can take for a case to go to trial or for a verdict to be made.

Throughout this process, prisoners will be held in prisons and probation facilities until their trial if they are placed under a detention order by a magistrate.

Those prosecuted can also be held in police stations and by the gendarmerie for the preliminary investigation phase. The duration of the preliminary investigation conducted by the police is subject to time limits. Once these deadlines have passed, the person must either be placed under a detention order in a penitentiary or probation institution or be released.

It should be noted that a person may be prosecuted for an offence but not detained.

The rights of detainees are guaranteed under the Malian Constitution, the Code of Penal Procedure and international conventions ratified by Mali.

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

First steps

What should happen after you are arrested?

According to Article 2 of the Malian Code of Criminal Procedure:

Everyone has the right to be informed of the charges against him and to be assisted by counsel.

The judicial police officer is obliged to inform the arrested person of their rights.

You are allowed to make a phone call, and in principle, this can be a foreign number.

At this point, you have the right to inform the authorities that you want to inform the British embassy of your arrest.

The judicial police may interview you and seek a statement as part of the judicial investigation. If you do not sufficiently understand French, you may use the assistance of an interpreter.

If detained during the preliminary investigation phase by the judicial police, you will be placed in police or gendarmerie cells. 

Those charged with a crime and placed under a committal order by decision of a magistrate will be held in remand prisons pending trial.

For the purposes of the investigation, the judicial police officer may be required to keep you in custody for 48 hours. If there is serious and corroborating evidence against you that could lead to an indictment, the 48-hour period of custody may be extended by 24 hours by written authorisation of the public prosecutor without charge.

Suspected perpetrators of terrorist offences or transnational organised crime and their accomplices may be held in police custody for a period of 48 hours, which may be extended twice for the same period. The written authorisation of the Public Prosecutor will be required every 48 hours from the time of the decision to place them in police custody without charge.

After this period, they are released unless they are formally charged and placed under a detention order, if necessary.

In all cases, the charge may be brought before the expiry of these time limits.

Once the time limit for police custody has passed, if the investigating judge is not seized, you must be brought before the prosecutor, who may issue a detention order for your provisional detention. In other cases, you must be summoned to appear before the court at the latest within 3 months of the committal order.

Once the time limit for police custody has passed, if the examining magistrate is seized, they may issue a committal order after questioning if the offence carries a correctional prison sentence or another more serious penalty.

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

How long you can be remanded in custody

You will be placed in police custody while on remand. The duration of pre-trial detention depends on the seriousness of the offence.

In criminal cases, the duration of the detention order may not exceed 1 year, however, if continued pre-trial detention appears necessary, the investigating judge must renew this detention by a specially reasoned order within 8 working days before the expiry of the previous period.

The extension of pre-trial detention may take place every year. However, in no case, may the pre-trial detention in criminal cases exceed 3 years.

In misdemeanours, if the maximum penalty provided for by the law is less than or equal to 2 years, you may not be detained for more than 1 month after your first appearance before the examining magistrate.

This does not apply to defendants already convicted of a crime, nor to those already sentenced to more than 3 months unsuspended imprisonment for an ordinary offence.

You will be transferred to a prison as soon as a detention order has been issued against you.

There is a possibility of being granted bail.

Prisoners on remand and sentenced prisoners: differences

There are some slight differences between sentenced prisoners and those on remand, but their rights are practically the same.

Remand prisoners will be held in the same prisons as convicted prisoners after the judge has ordered their detention.

For convicted prisoners, the prison administration issues visit permits, for remand prisoners, the judge in charge of the case issues them.

Remand prisoners are not required to work in prison, unless they request it, unlike convicted prisoners.

After you are charged

Once formal charges have been laid, you have the right to be informed of your rights (for example, the rights to notify a third person; access a lawyer; challenge the lawfulness of detention; remain silent; not incriminate themselves).

If charged in a language you do not understand, you can request to have it translated.

If you believe the charges are incorrect, the court will give you a certain amount of time to dispute them.

You are not expected to enter a plea when formally charged. You can adopt whatever posture you think best suits your defence. It is best to discuss with a lawyer the strategy of your defence.

The right not to be forced to testify against oneself or to confess guilt is a guarantee of the fair trial respected in Mali.

Bail

Bail is a possibility in Mali. In any matter, even criminal, release with or without judicial supervision may be ordered by the examining magistrate either at the request of you or your counsel, or at the request of the public prosecutor, on condition that you undertake to attend all the proceedings as soon as you are required to do so and to keep the examining magistrate informed of all your movements.

The law does not distinguish between nationalities for granting bail. A foreigner who meets the conditions would be granted bail.

The amount of bail is calculated according to the costs advanced by the civil party, restitution and damages, the costs advanced by the public party and fines.

The bail is paid to the clerk of the court or the registrar.

The FCDO can help reach out to family and friends who may be willing to help.

In all cases where a foreign national, is released, the competent court may assign them to a place of residence from which they may not depart (i.e. the person may not travel).

The passport of an accused person may be kept by the court registry, or by a public police or gendarmerie when the accused person is placed under judicial supervision, but not in the case of release on bail.

The law only requires a receipt for the payment of bail in order for the public prosecutor’s office to enforce the release immediately.

Bail is conditional on your undertaking to appear at all stages of the proceedings as soon as required, and to keep the investigating magistrate informed of all movements.

If you fail to attend any of the proceedings or to execute the judgment without a legitimate excuse, the first part of the bond or the first part of the security shall be forfeited to the State.

The second part of the bond, or the second part of the securities, is always returned to you in the event of dismissal, absolution or acquittal. In the event of conviction, it is allocated to fine and restitution and damages awarded to the civil party.

If your situation changes whilst on bail, and you can no longer support yourself, there is no provision in law which allows for returning the bond. The change has no impact as long as you attend the judge’s summons and continue to cooperate in the proceedings.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

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

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

You will likely wish to engage a lawyer; they may ask for an advance of his/her estimated legal fees before they will take on a case.

A private lawyer is free to set his fees according to several elements (complexity of the case etc). The Lawyer and the Client will have to agree on the invoicing modalities before any assistance.

Consular staff cannot give legal advice, pay your legal expenses, or guarantee to a lawyer that you will pay them.

Legal aid is available in Mali, but there are conditions that you must fulfil to be eligible. For example, detainees must be of Malian nationality or, if a foreign national, habitually resident in Mali and from a country that grants legal aid to Malians in the same manner. The detainee would also have to show that they have insufficient funds.

Legal aid can be obtained for all types of disputes.

A legal aid office is established at the seat of each Court of First Instance and Justice of the Peace with Extended Jurisdiction. It is this office that grants or does not grant legal aid. The office has a secretariat that receives applications.

If legal aid is not available to the detainee, and they do not have the necessary funds, then there are some civil society organisations that may be able to support (and are included in Chapter 4).

Trial

A criminal trial may consist of 4 phases:

• the investigation phase
• the pre-trial phase
• the trial phase
• the appeals phase

The investigation phase is the phase of the criminal procedure which aims to obtain the first information on the offence to allow the Public Prosecutor to exercise public action.

The acts of this phase are carried out by the judicial police. These acts are aimed at establishing offences against the criminal law, gathering evidence, and searching for the perpetrators.

The preliminary investigation is a procedure initiated by the judicial police acting ex officio or on the instructions of the public prosecutor’s office and intended to obtain initial information on an offence to enable the public prosecutor to decide whether to prosecute.

The investigations are recorded in a report which will be transmitted to the Public Prosecutor for a decision on the prosecution.

When the Public Prosecutor considers that there are grounds for prosecution, he/she brings the offender before the court of judgement when the facts appear to them to be sufficiently established or when the offence is in flagrante delicto.

Where the offence is a complex offence or a crime, the prosecutor will request the opening of a judicial inquiry or investigation to further investigate the facts that are the subject of the proceedings.

The investigating judge carries out, per the law, all the acts of information (i.e. investigation) that he or she deems useful for establishing the truth. These acts are aimed at gathering evidence, but the investigating judge has judicial warrants. They can therefore place the accused person in pre-trial detention by giving an order to the administrator of a prison to receive and detain the person concerned.

Pre-trial detention may not exceed 1 year (6 months renewable once) and 3 years in criminal cases.

At the end of the investigation, the judge makes an order for the direction of the case, which can either be dismissal, an order to refer the case to the police to action, or trial. 

The trial phase takes place before the Correctional Court or the Police Court, depending on whether the case is a misdemeanour or a felony, and before the Assize Court, if it is a criminal case.

For the most part, if witnesses are to be heard, the president has them isolated and asks them to leave the room. The defendant may request the assistance of an interpreter.

The charges against the defendant are then read out.

The president generally asks the defendant if he or she recognises the facts. Then they invite them to explain themselves. The president asks him/her questions. The representative of the public prosecutor does the same. The civil party and the defendant’s counsel may also ask questions, but through the president.

The person liable and the civil party may always be represented at the hearing. When the civil party is present at the hearing, he or she is heard. Similarly, the president, the representative of the public prosecutor’s office and counsel may ask questions. The civilly liable party is also heard under the same conditions.

When witnesses are summoned in the proceedings, they are invited to give evidence.

The witness makes a statement on the facts. The president asks him/her questions that he/she considers useful as well as those put to him/her by the representative of the public prosecutor’s office and the other parties.

In order to establish the truth, the president may also order investigative measures (for example, all useful investigations) ex officio, at the request of the public prosecutor or at the request of the parties. The president may also order expert reports.

After this phase, the parties’ pleadings are held.

Once the investigation of the case has been completed, the pleadings phase begins in the following order:

• the civil party is first heard on its claim
• the floor is given to the Public Prosecutor’s Office for its closing arguments. Sometimes the Public Prosecutor’s Office requests an acquittal. Then the civilly liable person and the defendant are invited to take the floor to defend their interests
• the civil party and the public prosecutor may reply
• the defendant and their counsel are always the last to speak.

After the pleading phase, the court or the Assize Court will give its verdict. If it emerges from all the above that the defendant is not guilty, they will be acquitted or discharged. If the defendant is guilty, they will be sentenced by the court or the Assize Court.

The appeal phase allows the convicted person to have their conviction quashed or reviewed either by opposition, appeal, cassation or revision.

Opposition is a means of appeal against decisions rendered in absentia (when the accused does not appear at the criminal hearing, they are unable to put forward their defence).

The purpose of an appeal is to bring the case before a higher court (the Court of Appeal) to retry the case. The appeal is not possible against assize judgments because they have been subject to a double investigation. These judgments can only be appealed.

The purpose of the appeal in cassation is to correct errors of law that may have been committed by the trial judges.

The purpose of an appeal for review is to re-examine the conviction.

The law in Mali does not set time limits for bringing cases before the courts, however, there are prescription periods which prevent cases from being judged after a certain time has elapsed.

In criminal matters, the limitation period is 10 years from the day on which the crime was committed if, in the meantime, no investigation or prosecution has been carried out and the person can no longer be prosecuted for the same acts. This period is 3 years in the case of a misdemeanour and 1 year in the case of a contravention.

Long delays are common.

The length of the procedure depends above all on the complexity of the case, whether or not the investigating judge has opened a judicial investigation, and whether or not appeals have been made.

Sentences

The nature of the penalties is fixed in advance by law according to the nature of the offence.

They include fines and/or compensation to victims; exclusion orders; disqualifications; imprisonment, life imprisonment but no corporal punishment.

The death penalty has still not been repealed in Malian law but in practice it is not applied.

British nationals are not automatically deported to the UK upon release. It would have to have been a measure noted as part of their sentence. As such, on their release a British national will not be automatically expelled if they still have a valid residence permit or visa.

If a court decision pronounces deportation against a British national, the Embassy cannot influence the decision. However, appeals by the convicted person can sometimes result in reviewing part of the conviction.

Appeals

The time limit for appealing is 3 days from the date of delivery of the decision or the date of its service, if applicable.

Judgments handed down for misdemeanours may be challenged by the parties through an appeal, and the time limit for appeal is 15 days. 

The Code of Criminal Procedure does provide several special time limits. For example, parties injured by an offence who have requested compensation in their letter of complaint and who have not been duly summoned have a period of 2 months to appeal from the date of delivery of the judgment. 

There is a provision for the original judgement to be reviewed should new evidence come to light after a person has been found guilty.

The purpose of an appeal for a review is to re-examine the conviction.

The grounds for appeal are any violations of the law. Whenever one disagrees with the judge’s decision one can appeal.

The prosecution (the Public Prosecutor and the Public Prosecutor at the Court of Appeal) has the right to appeal, or to appeal against the decision, depending on the case. This is somewhat common practice.

Reaching the end of your sentence

Reduction of sentence (remission)

There is provision for pardon and parole but no reduction of sentence after sentencing in Mali.

Before sentencing, if extenuating circumstances are recognised for the accused, they can benefit from a reduction of the maximum sentence.

Early release

Prisoners who have given sufficient evidence of their rehabilitation may be released on parole or be admitted to semi-liberty.

Clemency or pardon

A pardon is at the discretion of the President of the Republic provided for by the Constitution of Mali. It is generally granted to prisoners who have demonstrated good behaviour in prison and efforts at reintegration.

Financial penalties

The financial penalties imposed on those convicted are paid to the public treasury.

It is therefore up to the State to recover these sums of money.

Transfer to another prison within Mali

Transfer to another prison within Mali is possible.

Transfer to a prison in the UK

There is no Prisoner Transfer Agreement between the UK and Mali.

Release and deportation

If the conviction is accompanied by a residence ban at the end of the sentence, the convicted person is expelled from Mali after completing their sentence.

On completing their sentence, if the convicted person’s residence permit is no longer valid, he or she may also be expelled from the country for lack of a residence permit.

At the end of your sentence, you are released.

If you are going to be deported at the end of your sentence, the British embassy will contact you beforehand to explain the deportation process and assistance that can be offered.

You can contest your deportation, through the appeal process at the time of your conviction.

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

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

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

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

Other sources of practical help back in the UK are:

• The Salvation Army
  • UK Helpline +44 (0)20 7367 4888
  • Monday to Friday 8am to 4pm, or contact your local Salvation Army branch
• The Prison Fellowship
  • UK Helpline +44 (0)20 7799 2500
  • Monday to Friday 9am to 5pm

Your criminal record in the UK

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

Chapter 4: Additional information

Additional Information

NGOs in Mali that provide assistance to prisoners:

ARDI

• Email: massaranbibi@yahoo.fr or allianceardi@gmail.com
• Tel: +223 7328 5988 or +223 6975 5675

JUPRAC/Avocats sans Frontière

• Email: abdoulaye.doucoure@asfcanada.ca
• Tel: +223 7514 1772

United for Mali

• Email: unitedformali@outlook.com
• Tel: +223 7550 3850

CICR

Tel:  +223 74564725 or +233 20297216

Prisoners Abroad

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

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

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

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

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

Email: info@prisonersabroad.org.uk

Website: www.prisonersabroad.org.uk

Available Mondays to Fridays 9:30am to 4:30pm (UK time)

Annex

• annex 1: FCDO guidance: Support for British nationals abroad
• annex 2: FCDO guidance: Arrested abroad: advice for British nationals
• annex 3: List of English-Speaking Lawyers
• annex 4: List of Translators
• annex 5: Prisoners Abroad Forms