Guidance

Information pack for British nationals arrested or detained in Venezuela

Updated 5 September 2024

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.         

This information pack aims to give you, and your family and friends, information about the local system in Venezuela 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. 

British Embassy Caracas
Consular Section
Av. Principal de La Castellana.
Torre La Castellana. Piso 11.
Caracas 1060

Telephone:

+58 (0) 212 772 6500 / +58 (0) 212 263 8411

Contact Form

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 Venezuela, notification by the authorities to the Consulate can take an indefinite number of days after an arrest. We would encourage you to ask for your consulate to be notified immediately as soon as possible. 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 a list of translators and interpreters
• 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 Venezuela.

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 give you a list of local translators and interpreters and a list of local 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.

Detention conditions in Venezuela

Visits: friends and family

Who can visit and how to arrange visits

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

If your family and friends want to visit they should contact the Venezuela Desk in Consular Directorate at the FCDO in London (telephone number: +44 (0) 20 7008 5000). However if you give your consent for us to speak to a member of your family or a friend, a dedicated caseworker in London will be appointed to act as their point of contact. You should advise your visitors to give us as much notice as possible, and to supply passport numbers and personal details such as places and dates of birth, travel itineraries, addresses, etc. We will then contact the prison authorities to try to help facilitate the visit. Please note specific local restrictions may limit/impact visits at any time.

What to expect when you visit

Visiting premises will vary greatly across facilities. In the newer “refurbished” prisons for foreign nationals they will take place in a meeting room under constant guard supervision. Note there’s no physical barrier (such as security glass) separating visitors and the inmate, and depending on the facility visits will have a set time limit that varies from a few minutes to several hours.

In older prisons not absorbed by the new national prisons system, visits will take place in a communal area and other prisoners might be present nearby. Please note that some imprisonment facilities do not allow visits.

Visitors must identify themselves when they arrive at the prison by showing an identification document (ID) containing a photograph (i.e. a passport). The guards at the main entrance will hold your ID and return it at the end of the visit. All visitors will be searched for prohibited items (money, weapons, illegal substances, etc.) upon entering the prison by National Guard officials. In most prisons guards will physically search each visitor. This might be a frightening experience for sensitive individuals.

Marital visits are possible in certain facilities between married prisoners, though they might be prone to disruption and there is little privacy.

It is advisable to give family and friends as much information as you can about:

• what to expect on arrival in Venezuela
• what happens when they reach the prison
• everything you know about the “do’s” and “don’ts” of visiting

Bear in mind how different Venezuela is from Britain – especially for a first-time visitor who has possibly not travelled much. The “culture-shock” plus the sight of you in a prison visiting area with guards and other prisoners all around, is likely to prove a distressing experience.

For this reason, please read the prisoner pack thoroughly and contact the Embassy well in advance of your trip to visit the prison to ask any questions.

Please note specific local restrictions, such as petrol availability and/or public services failures like power outages, may limit/impact visits at any time.

What you can take on your visit

Visitors can take in some cooked food, books and magazines. Reading material containing nudity or depiction of violence will not be allowed in. Visitors can bring clothes for prisoners, as long as they match the prison uniforms (this varies from prison to prison). Mobile telephones and cameras/recording equipment are strictly prohibited and will not be admitted: there’s no storage system (such as safety lockers) available to visitors. All items will be examined before the visitor can enter the prison.

Visits: consular staff

A member of the Consular Section will aim to visit you within 24 hours, or as soon as possible, after receipt of notification of your arrest. Please note that if you are held far from the capital, it may take even longer depending on security and travel-related circumstances, such as flights, petrol availability and local restrictions/risks. If a member of the Consular Section cannot visit you, we will try to contact you over the phone, or any available means of communication, as soon as possible.

The first consular visit to the prison/contact with a prisoner is designed to accomplish several goals, including the following:

• to explain to you our role and how we can be of assistance to you
• to deliver information about local English-speaking lawyers and translators and interpreters
• to briefly explain the Venezuelan judicial system
• to verify that you are being treated in accordance with international and local law
• to identify family and persons to contact with your explicit consent;

If you provide us with consent, we will contact your next of kin, or other family or friends to notify them of your arrest. We will contact them, via Consular Directorate of the Foreign, Commonwealth and Development Office (FCDO) in London, to notify them of your circumstances. They will be told about prison procedures, regulations, your morale and your general well-being. We can also pass on any messages from you. We will not notify anyone of your arrest without your consent, however, we encourage you to provide the contact information so it is available should you change your mind or there is an emergency.

Prisoners’ personal property

In Venezuela, arresting officials confiscate the personal property (such as money, clothing, watches, rings, and computers) of newly arrested persons. No receipts are given for these items, and, with no records, the items often disappear. If you have an airline ticket, it will be seized according to Venezuelan laws.

For most major prison complexes, consular staff will arrange to subsequently visit you once every 3 months, as long as local conditions permit. Consular staff sometimes arrange special additional visits, for example, in cases where you need to sign urgent documents or when there are medical emergencies.

Some older or very remote prisons lack the minimum security measures for consular staff to visit. In such cases, the Embassy will try to remain in regular contact with British nationals via other means, such as through the Venezuelan authorities, telephone, email, friends and/or family who may continue to visit.

Some prisons have public telephones, which the inmates can use. You should phone the Consular Section if the need arises - if it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

Local legislation does not currently have any provisions for emergency or compassionate trips outside of your imprisonment facility.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Following arrest, you will be taken to a police station and put in a holding cell. If you are suspected of drug trafficking, you will be taken to the Anti-Drugs Command of the National Guard. You should be informed on the grounds of your arrest.

Individuals have the right to free legal advice: you may appoint a public defender if you cannot afford private legal assistance.

Normally, an interpreter will not be available during the initial stages of your arrest; one should be provided, free of charge, for your attendance to any court appearance.

Venezuelan holding cells are often overcrowded. Food will not be provided for you. You will have to buy your own.

Detainees have the right to free medical assistance. You should request to see a doctor and flag up any pre-existent and/or chronic health conditions for which you may need immediate medical attention.

Phone calls and/or other means to communicate after your initial arrest may be available depending on your specific imprisonment facilities. Please note that local landlines and mobile numbers in Venezuela are often unable to make international calls.

Your personal belongings will be confiscated and may be used as evidence if your case goes to trial - local authorities do not provide receipts for valuables and they often go missing.

Appearing at court

Once you have been arrested you should be taken to court to be formally charged within 24 hours. If you don’t have a lawyer, you will have a public defender appointed to your case.

A state-appointed prosecutor will present a case, and the potential charges, to a judge. The judge will examine the charges and decide: i) if you are to be formally charged, and ii) if you are to remain imprisoned while awaiting trial.

You have the right to a free legal interpreter if you do not speak Spanish or a verbal language. The Public Prosecutor shall request a Preliminary Proceedings Judge to appoint an interpreter to assist you in any act.

Initial arrival at the prison

The prosecutors usually request that foreign detainees are kept in custody after the initial hearing, and during the whole duration of the trial, arguing a high risk of flight. If the judge agrees, you will be placed in “pre-trial” detention in either a major prison complex (Internado Judicial) or remain in a temporary imprisonment facility at a Police station, usually the one nearest to the court.

Newly arrived prisoners are usually placed in isolated-quarantine (observation) for 20 days before they can join the rest of the prisons’ population

Prisoners are searched upon arrival. Any possessions you may still have on you will be removed and stored – local authorities do not provide receipts for valuables and they often go missing.

You may be allowed to make calls in prison but these are usually limited to 1 per week and to local numbers only as landlines/mobiles in Venezuela cannot make international calls.

You will not be able to retain and use your own clothing, a uniform (blue for pending charges/trial and yellow for sentenced prisoners) will be provided by the prison. Local prisons are not equipped to provide you with any hygiene items or toiletries.

If you have any specific medical condition/needs you should flag this to our Consular and the prison’s staff immediately. Treatment for chronic conditions such as blood-pressure, cardiac disease, diabetes or HIV are often not available in-country. Consular staff can liaise with local authorities in respect to availability and access to treatment as necessary.

Depending on the facility, you may have limited access to a local phone and the capacity to make a weekly (local only) call. You should contact consular staff if you have no one else to contact – our staff can also assist with contacting your relatives/friends and passing on any messages if you wish for us to do so.

Prison: conditions and daily life

Most major prison complexes where foreign nationals are taken have been adapted to fit the latest penitentiary system, known as régimen cerrado (Closed Regime). This system aims at a much stricter control of the prison activities, and the standard is generally better than in old prisons. All inmates must wear prison uniforms at all times and male inmates have to get induction haircuts. Foreigners are usually assigned to a separate wing where their interaction with local (Venezuelan) inmates is reduced. They have very rigorous rules and schedules. The new prisons are heavily militarised and access is more restrictive. They usually have visiting facilities and are, generally, safer for both inmates and visitors.

There are some older prisons that have not been converted to the new system yet. They are generally understaffed, in poor repair, and plagued by corruption and abuse. Many have gangs of prisoners who carry weapons. At times the National Guard has to be brought in to deal with outbreaks of violence (chiefly between Venezuelan prisoners) and to search cells. There is also occasional violence and threats from guards. You will reduce the risk of conflict with both guards and prisoners by learning some Spanish. It will also help you to make your needs understood, especially if you fall ill.

Accommodation

Prisoners often sleep 2 or 3 to a bed, or on passageway floors. How much space you have and where you sleep often depends on how much “rent” you can afford – the more you pay, the better your conditions. Although dangerous or high-risk prisoners are required to be kept in high-security wings this does not always happen. Otherwise all prisoners are mixed together, regardless of crime, and there is no classification relating to standards of behaviour.

In general, prisons in Venezuela are overcrowded. Prison population is about double of the capacity installed.

Power cuts are common and there is constant water supply rationing throughout the country. You may find yourself without water or electricity from short to extended periods of time.

Food and diet

In all of the newer prisons the food is provided by the prison main kitchen, free of charge. Inmates often complain that the food is insufficient, both in terms of volume and quality, but there are no facilities to buy additional food.

Prison food is high on simple carbohydrates (such as white rice) and low in proteins and/or fresh vegetables or fruits. Food portions are not calculated based on specific caloric needs, but distributed based on food provisions available to the facility.

Visitors can bring cooked food to have a meal during the visit, but inmates are not allowed to take food back to their cells.

In older prisons, you will be able to buy additional food from private individuals.

Specific/special nutritional needs are often overlooked and cannot be met. Religious-specific diets are not exempted: kosher and/or halal food is not available. Tap water is not safe for drinking, prison staff will provide you with drinking water. New prisons are often provisioned with water filters.

Hygiene

Shower/bathing/toilet facilities are communal and often kept in a very poor state. Inmates are normally allowed to shower/bathe on a daily basis provided there’s running water - please note there is constant water supply rationing throughout the country. You may find yourself without water from short to extended periods of time.

Local prisons are not equipped to provide you with any hygiene items nor toiletries. There’s also no official (legal) shops inside prisons to buy such items. If you have relatives or friends in-country they may deliver toiletries and other items for you at the prison facility. Please note that local prisons do not receive mail parcels. 

Work and study

It is not mandatory to work while imprisoned.

There are few opportunities for work in prison. The most common job is as helping staff in the kitchen. Some prisons have workshops for making wooden furniture or leather goods. If you have a skill such as painting or playing a musical instrument you may be able to give lessons to other inmates.

We strongly advise you to engage in as much work/study during your time in prison. Make sure you have all this time formally recorded by prison authorities, as this can be used in your application for redemption. Keeping yourself busy will also be psychologically helpful.

Contact and languages

There are no restrictions on contact with other prisoners/inmates.

Foreign nationals with a definitive sentence are often transferred to specific facilities destined for foreign prisoners. There’s usually other English-speaking prisoners in such facilities. Guards and prison’s staff cannot communicate complex ideas in English so any Spanish you can learn will be very helpful throughout your time in prison.

Prison facilities for foreign nationals usually have a library with reading literature in English and other foreign languages. It is not possible for prisoners to order literature from the outside privately or through the authorities. Consular staff can deliver some books in English during consular visits if you wish for us to do so – please note any violent-depicting or sexually-explicit literature is prohibited (neither graphic nor written violence/sexual content is allowed).

There’s no computer nor internet access available. Depending on the facility, you may have limited access to a local phone and the capacity to make a weekly local call.

Some facilities may have a communal television.

Exercise

Prisoners are usually allowed to go out of their cells for a number of hours a day – the amount of hours/how regularly varies by facility. Exercise facilities and equipment are often lacking or extremely improvised. Some of the newer prisons organise mandatory regular exercise sessions for inmates.

Climate

Climate in Venezuela is consistently hot and humid, with temperatures averaging on around 26 to 28 Celsius degrees year-round. Due to Venezuela’s latitude there are only 2 seasons: dry (November to April) and rainy (May to October). 

Religion

There’s no religious services available. Visits from a priest, rabbi or minister of faith are rare – such visit requests are usually not accommodated. Detention facilities’ are not staffed by religious ministers.

Rules and regulations (including drugs)

Rules and regulations vary greatly across facilities. In new “regimen cerrado” (Closed Regime) prisons there’s a strict set of rules on what behaviour is expected of prisoners and this is explained upon arrival. Sanctions for breaking the rules and inappropriate behaviour may include compulsory isolation for a number of days depending on the severity of the offense.

In older prisons there’s no official set of rules or expected behaviours and inmates have their own system of self-imposed rules. You should familiarize yourself with what kind of behaviour is expected of you. 

Drugs are common, particularly in older prisons. Some prisoners are “drug pushers”, and they aim at getting prisoners addicted to drugs so they become a source of steady funds. Incurring debts inside the prison, especially for drugs, invariably buys trouble. Daily interest rates on debts are often extremely high.

Contracting infectious diseases (HIV, hepatitis, etc.) as a consequence of drug use is very common.

Some prisons have limited rehabilitation programs for drug users.

If you have any concerns in respect to your safety, you should mention this to prison staff immediately or to your lawyer. If you feel as though you are not being treated in line with internationally recognised standards, you can also contact our consular staff.

Prison: access to help and services

Receiving money

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 the country 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.

You may access funds transferred via private services such as Western Union, but you will need family or friends in Venezuela willing to manage/receive the deposited funds (at any Grupo Zoom branch nationwide) to buy and deliver comforts for you.

Local prisons do not have a system where friends/relatives can deposit funds directly. Prisoners can neither receive nor handle cash.

Foreign prisoners are always considered to be very rich, and as a result they are sometimes targeted by gangs within the prison as a good source of funds, and are more likely to be the victims of theft and extortion. To try to stay away from these problems, we recommend for you not to make it evident if you have access to funds.

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. Prisoners in Venezuela may be eligible for their Craig Feehan Fund and Medical Fund to assist with medical emergencies. 

Medical and dental treatment

While you are in detention, Venezuelan authorities are responsible for ensuring your basic medical needs are met.

Most prisons have at least 1 doctor, employed by the Ministry of Penitentiary Services, but their schedule and availability is normally limited.

If you need to see a doctor you must ask local prison authorities/custodians. It can take several days until a doctor is available to see you.

If you need more complex treatment, or if there is an emergency, prison authorities have the responsibility to take you to the nearest public hospital under armed guard – the authorities have the prerogative to keep you handcuffed at all times.

This visit to the hospital is free of charge. Please note that local public health facilities are extremely poor, with frequent shortages of medicines and funding – all hospitals often lack adequate medical supplies and equipment.

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.

Letters and parcels

Venezuelan prisons do not offer a mail service and private courier companies, such as DHL, UPS or FedEx, will not deliver packages to prisons.

Provided our consular staff is able to visit you, we can facilitate pre-stamped, postage-free, envelopes provided by Prisoners Abroad so you are able to write letters to your family and friends in the UK. We can arrange for onward transmission. You can also provide consular staff with correspondence (such as letters) that could be forwarded digitally over email.

Telephone calls

Some prisons have a system that allows prisoners to make a quick telephone call free of charge, once a week. In most prisons, however, this only applies to local calls.

International calls are not possible from neither landlines nor mobile phones due to local specific limitations. 

In some prisons, many inmates have their own mobile phones although this is illegal – having a mobile phone within an imprisonment facility in Venezuela is considered a crime and will add further charges to any ongoing legal proceedings.

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.

You can report any incident to the prison authorities. Some prisoners fear that raising a complaint could make things worse. We encourage you to discuss any incident with consular staff. Consular staff will take all complaints of mistreatment seriously. With your permission, they can help you raise a complaint even if you don’t want your name mentioned.

Please note specific local restrictions may limit/impact visits at any time.

The Venezuelan judicial system

Overview

Venezuela’s legal system is still based on a civil or Napoleonic model, with origins dating from European colonial times. This puts the country out of step with the British system, which is a Common Law system.

The Venezuelan constitution conceives the administration of justice not only as a state responsibility but as a public service, a service that is meant to be “transparent, expeditious and accessible” with judges and judicial officials considered accountable for the correct administration of justice under these principles.

Local legislation promotes the organization of the country’s courts by circuits (“Circuitos Judiciales”) as well as the administrative decentralization of the Judicial Power and its dependencies.

Individuals have the right to submit a plea, be that “guilty” or “not guilty”, from the initial stages of their judicial process (initial hearing(s)). An individual may change this plea at any stage during their trial process.

Judicial processes in Venezuela are, in general, quite lengthy and cumbersome. Serious offences such as drug-trafficking, rape, child exploitation, manslaughter or other serious offences are often trialled more swiftly. Individuals usually remain in temporary detention facilities until a sentence is reached.

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

You may be arrested when a police officer or any other agent from local security forces (such as the National Guard) has witnessed you breaking the law, or when a judge has issued an order for your arrest, following police investigation or when someone has filed a police report against you. Detainees have the right to communicate with relatives, closest acquaintances or legal counsel/lawyer to inform them about the arrest or detention. Phone calls and written communications may be available. You may ask local authorities to notify the local British Embassy/Consulate of your arrest if you wish them to do so.

In drug-related cases, such as when a person is caught trafficking drugs at the airport, the individual will be immediately arrested by police officers or National Guard without any prior court order to do so.

Once you have been arrested you should be taken to court to be formally charged within 24 hours. You will remain at a local police station/National Guard Anti-Drugs command/other temporary detention facility until your initial court hearing. If you don’t have a lawyer, you should ask for a public defender immediately.

Once you have been arrested the authorities have the right to keep you handcuffed at their sole discretion, consular staff cannot prevent this course of action.

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

How long you can be remanded in custody

The ordinary time limit for detention on remand is set by the minimum penalty of an offence but in any case, it cannot exceed 2 years. In instances of severe offences, the time limit for detention on remand is set by the minimum penalty of the most serious offence. Detention on remand can be extended, but it cannot exceed the minimum penalty or the minimum penalty of the most serious offence, if there were several.

Foreign nationals are usually remanded in custody for the whole trial process.

An individual may be detained for 48 hours while taken to a Preliminary Proceedings Tribunal for the Presentation Hearing. At this hearing, before a Preliminary Proceedings Judge and the parties, the detainee shall be provisionally charged.

After you are charged

The legal process is divided into 4phases:

• preparatory phase: evidence is gathered by both the prosecutor and defendant in order to establish the truth of events. This stage is controlled by the Public Ministry and supported by the police
• intermediate phase: an oral hearing takes place to determine whether a crime has been committed, to filter accusations which do not meet requirements, and to decide if the case is strong enough to go to trial. This stage is controlled by a Control Judge (juez de control), who is an investigating judge, and is not held in public
• oral proceedings / Trial Phase: a public hearing takes place before a judge in a public court, with both prosecution and defence present. This phase consists of 3 stages: preparation for debate, debate (resulting in a decision about the defendant’s guilt or innocence) and sentencing
• contesting /appeal phase: you can instruct your lawyer to present any new evidence to the judge to appeal against your sentence. The judge will make a decision to accept or reject your appeal. Your lawyer will be able to give you more advice concerning appealing a decision

Bail

Often U.K. citizens or national prisoners will allege discrimination because bail is common for host country nationals facing similar charges but has been denied in their case. It is important for you to be aware that bail is normally denied to foreigners in Venezuela because foreigners on bail are considered a flight risk.

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.

By law you’re entitled to a Venezuelan Public Defender. Venezuelan law establishes that a public defender will be appointed if you cannot afford a Lawyer. A public defender should be present whenever you appear in court. Venezuelan public defenders often achieve the same results as higher priced private lawyers.

You can employ a lawyer at any time after your arrest. A list of English speaking lawyers comes with this information document. Private lawyers can be very expensive (fees begin at around US$10,000) and they often demand a large portion of their fee upfront.

The British Government cannot pay legal fees or guarantee to a lawyer that you will pay them.

Trial

At court you will be asked to give a statement, but you are not obliged to do so. If you decide to provide a statement, the court should appoint a translator. In order to keep you incarcerated, the Public Ministry (prosecutor’s office), via the prosecutor, must prove the following:

• the crime you are accused of committing is punishable by more than 5 years in prison
• there are reasonable grounds for believing you were involved in the crime
• there is a strong chance that you will flee or take actions to hinder the investigation (all foreigners are considered a high flight risk)

Venezuela’s court structure is pyramidal, with the Supreme Court at the top. There are many departmental and municipal courts for the lowest level cases, separate courts for family and juvenile cases, military and criminal trial courts. The criminal courts are divided into “first instance” and criminal courts of appeals. Different courts are used for crimes carrying different lengths of sentence. The Superior courts act mainly as intermediate appeal courts, and the Supreme Court is the court of last resort.

Despite the number of courts having increased over the last 30 years, the ratio to the population has decreased in the same period. This has resulted in serious delays in investigating charges, hearing cases and arriving at verdicts. You can expect delays of several months depending on the crime and the location of the court(s).

If you are going through a criminal procedure you will visit 3 different courts, in order:

1. The Court of Control or “Tribunal de Control”; the judge will read your charges and will formally order your incarceration until the trial.

2. You will go to the Trial Court or “Tribunal de Juicio” where the evidence will be presented, and witnesses called (if any). It is here where all the procedures for your sentencing will take place. This court will issue your sentence.

3. You will be assigned to a “Corte de Ejecución.” This court keeps track of your case and ensures that your sentence is carried out. If you earn any benefits during your time in prison, this is the court that will be responsible to apply them to your case.

Sentences

Penalties include fines, settlements, probation, and imprisonment. Venezuela does not have the death penalty. The maximum sentence is 30 years.

Some crimes carry mandatory prison sentences with no possibility of early release. Possession of just 2.1 grams of cocaine, or over 20 grams of cannabis or marijuana, is classified as trafficking and carries an automatic 15 to 18 years sentence; this sentence can have a maximum of 25 years.

Once a foreign prisoner’s sentence has been completed, this person is normally expelled from the country. The Foreign, Commonwealth & Development Office (FCDO) can provide assistance for your return to the UK.

Appeals

An appeal must be requested within 10 days of sentence issuance by the Tribunal de Juicio (Trial Court). A sentence appeal can be pursued only once. It must be lodged before the Trial Judge who originally sentenced the case.

You may try to appeal your sentence if you believe that the trial was not conducted in a proper way, you believe that the evidence presented was fake or altered, or if you believe your rights were violated in some way, among other reasons. Discuss the details thoroughly with your lawyer.

Reaching the end of your sentence

Reduction of sentence (remission)

Your sentence may be conditionally reduced or suspended if you do not have a previous criminal record and the sentence does not exceed 8 years. This is known as the “benefits system”. You will not normally be eligible if you are convicted of certain crimes (for example, drugs-related, rape, kidnapping, extortion and homicide). However, this decision is at the discretion of the judge in charge of your case.

‘Benefits’ granted according to the Venezuelan law:

• destacamento de trabajo o estudios (work/study benefit)

Prisoners who are formally employed or undertake studies during their time in prison can apply for redemption of sentence. For every 2 days of work/study, the prisoner can get 1 day reduced from their remaining sentence.

• régimen abierto / destino a establecimiento abierto (open prison)

The prisoner lives in a Community Centre that belongs to the Venezuelan authorities. The prisoner must work in the locality and must comply with the internal rules of the Centre under the supervision of a multidisciplinary team.

• confinamiento (confinement)

A prisoner who has served 3/4 of their sentence and has observed good conduct might be entitled to live outside the prison in a predetermined place and has to comply with the rules established by the court.

Early release

A fourth option in the benefit system is similar to parole, known as “libertad condicional”. The benefit is granted in the last period of a sentence. The prisoner leaves the prison in a definite and permanent way, under the supervision of a probation officer during a period equal to the remaining sentence.

Clemency or pardon

The constitution of Venezuela includes provisions for pardon and amnesty. Pardon (indulto) is at the discretion of the President of the Republic only. A person who receives a presidential pardon is still considered guilty of committing a crime, but their time in prison is pardoned. Amnesty is a faculty of the National Assembly via the legislators. It implies that a new law has been passed to decriminalise a particular action that up to that point was considered illegal. Anyone who is detained after being charged of said crime, is immediately released as a free person under the terms of the amnesty and the corresponding criminal records are deleted. If the person has been charged or convicted of any other crime not included in the terms of the amnesty, the corresponding judiciary process will continue as normal.

You should speak to your lawyer to find out more details and if any of this applies to your case.

Financial penalties

Some less serious crimes involve paying fines instead of serving prison time – such as immigration offences, for example.

You may be advised by others that bribing officials could be beneficial to your case. The consequences of any bribery attempt can be severe and this course of action is not recommended.

Transfer to another prison within Venezuela

There are provisions for a prisoner who has been definitely sentenced to request transfer to a different prison in Venezuela. However, due to the highly overcrowded penitentiary system, very few requests of transfer are actually granted. Foreign prisoners are usually assigned to an imprisonment facility for foreign citizens only. You should ask your lawyer to advise you on the correct procedure to facilitate a transfer, if possible.

Transfer to a prison in the UK

The British and Venezuelan Governments have signed a bilateral Prisoner Transfer Agreement (PTA), which came into force on the 10th of April of 2003. They also take into consideration the Strasbourg Convention on the Transfer of Sentenced Persons.

After you are sentenced you are able to make an official request to be transferred to the UK as long as certain criteria are met. That is, both Governments agree to the transfer and the duration of the sentence. Securing all necessary approvals can take up to 2 years.

Under certain conditions, the Prisoner Transfer Agreement allows prisoners who have been given a custodial sentence in a country other than their own to be transferred to their home country and to serve their sentence there.

To transfer, you must:

• be a British citizen
• 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
• local authorities must agree/authorise the transfer

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. You should be aware that even if the sentencing State agrees to your transfer then 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 residents there.

Consular staff can assist you with the process of making an official request for a transfer and liaise with local authorities to advance on the request – only the British Embassy in Venezuela can assist/advance prisoner transfer requests based on the UK government’s bilateral Prisoner Transfer Agreement with Venezuela.

Release and deportation

Foreigners who are not legal residents in Venezuela will normally be sentenced to expulsion of the country in addition to their prison time. This means that even if a person has served their complete prison sentence, they are still not legally a free person until they are expelled from the country.

Once a person has completed their prison sentence, they will be transferred to immigration detention facilities. On the day of their flight, they are taken to the airport and escorted until they board the aircraft.

The Venezuelan government should cover the costs of the repatriation. But in practice, it can take several months, or even years, until the authorities are able to secure a flight. During this time, the prisoner will remain in immigration custody. If the prisoner is able to pay for their own flight, their repatriation can be arranged immediately after they exit the prison.

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 arrange an appointment with their resettlement Team when you first arrive back in the UK. They can help with advice, 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 Team when you are likely to arrive and what help you think you might need - you may do this through your consular caseworker/point of contact. If you have no money and nowhere to go, Prisoners Abroad’s Resetlement 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.

Additional information

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

Prisoners Abroad

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

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

89 – 93 Fonthill Road
London N4 3JH
UK

Glossary of terms

Useful terms

		A
		access to file			acceso al expediente
		accomplice			cómplice
		act			ley / acto
		action			acción
		alone			solo/a
		answers			respuestas
		appeal			apelar / apelación
		arbitrary detention			detención arbitraria
		arrest			detención
		arrest warrant			orden de arresto/orden de detención
		Attorney General			Fiscal de la Nación
		authority			autoridad
		awaiting trial			juicio pendiente
		B
		bail			fianza
		belongings			pertenencias
		blood			sangre
		books			libros
		bread			pan
		British citizen			ciudadano británico
		C
		cell			celda
		charges			cargos
		chicken			pollo
		Civil Law			derecho civil
		clemency plea			alegación de indulto
		clothes and shoes			vestido y calzado/ropa y zapatos
		Commonwealth citizen			ciudadano de la Mancomunidad Británica
		complaint			queja
		consent			consentimiento
		Consul			Cónsul
		convicted			convicto / sentenciado
		Court-appointed counsel			Defensor público
		crime			crimen
		Criminal Law			Derecho Penal
		D
		debts and payments			deudas y pagos
		dental treatment			tratamiento dental
		deportation			deportación
		destination			destino
		detainee			privado de libertad / detenido
		discrimination			discriminación
		Doctors / Medical Panel			panel de doctores/panel médico
		drug smuggling			tráfico ilícito de drogas
		E
		Embassy staff			personal de la Embajada
		emergency			emergencia
		extradition			extradición
		F
		family visits			visitas de familiares
		fees			honorarios / tarifa
		felony			delito
		fine			multa
		fish			pescado
		flip-flops			cholas / chancletas
		food			comida
		foreigner			extranjero
		forgery			falsificación
		form			formulario / planilla
		friend			amigo/a
		fruit			fruta
		funds			fondos / dinero
		G
		good behaviour			buen comportamiento
		guidance			guía
		H
		health			salud
		human rights			derechos humanos
		hunger strike			huelga de hambre
		I
		ill-treatment			maltrato
		imprisoned			en prisión / encarcelado
		I need to make a call			Necesito hacer una llamada telefónica
		I need to see a doctor			Necesito ver a un doctor
		information			información
		inmate			interno / privado de libertad
		instructions			instrucciones
		J
		jail			cárcel / internado judicial
		job			trabajo / empleo
		judge			juez
		judicial			judicial
		jurisdiction			jurisdicción
		justice			justicia
		L
		Law			Ley / Derecho
		Law enforcement			ejercicio de la ley
		lawless			ilegal
		lawyer / attorney			abogado
		legal advisor			asesor legal
		legal system			sistema legal
		living conditions			condiciones de vida
		M
		magazines			revistas
		mail / post			correo
		man			hombre
		meat			carne
		medical services			servicios médicos
		mental illness			enfermedad mental
		milk			leche
		money			dinero
		Ministry			Ministerio
		Minister			Ministro
		N
		needs			necesidades
		O
		offence			delito
		P
		parole			libertad condicional
		parole for work			beneficio de trabajo / confinamiento
		passport			pasaporte
		penitentiary legislation			legislación penitenciaria
		penitentiary system			sistema penitenciario
		Police Officer			Policía
		prison			prisión / Internado Judicial
		prison director			director de la prisión
		prison record			expediente del privado
		Prison Transfer Agreement			Convenio de Transferencia de Presos
		prisoner			privado de libertad / preso
		protection			protección
		psychiatric treatment			tratamiento psiquiátrico
		punishment			castigo
		Q
		questions			preguntas
		R
		reading material			material de lectura
		reference			referencia
		regulations			normas
		rehabilitation			rehabilitación
		release			liberar / liberación / excarcelación
		religion and believes			religión y creencias
		retention of passport			retención del pasaporte
		riot			motín / riña / disturbio
		S
		salad			ensalada
		salt			sal
		security			seguridad
		sentence			sentencia/sentenciar
		sexual assault/rape			asalto sexual / violación
		shoe			zapato / calzado
		stomach			estómago
		T
		telephone			teléfono
		toiletries			artículos de baño
		torture			tortura
		travel document			documento de viaje / pasaporte
		treatment			trato
		trial			juicio
		U
		understand			entender
		unfair trial			juicio injusto
		unlawful possession			posesión ilegal
		V
		vegeterian			vegetariano/a
		Vice Consul			Vicecónsul
		Venezuelan authorities			autoridades Venezolanas
		visit hours			horario de visitas
		visitor			visitante
		W
		water			agua
		wing			pabellón / letra
		woman			mujer
		work			trabajar
		written notification			notificación por escrito

Annex

• FCDO guidance: Support for British nationals abroad
• FCDO guidance: Arrested abroad: advice for British nationals
• list of English-speaking lawyers
• list of translators and interpreters
• Prisoners Abroad Forms