Prisoners Pack

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INFORMATION FOR BRITISH NATIONALS IMPRISONED IN LEBANON INTRODUCTION This guide aims to explain the Lebanese legal and prison system to British Nationals who are imprisoned in Lebanon.

Who can help? The Foreign and Commonwealth Office (FCO): The FCO is represented overseas by its Embassies (High Commissions in Commonwealth countries). Both employ consular officers, and one of their jobs is to provide help and advice to any Briton who gets into difficulty in a foreign country.

About the Embassy We are impartial, we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with Lebanese regulations, and that you are treated no less favourably than other prisoners. We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. A list of lawyers is attached for your convenience (Anenx A), but neither Her Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequences of any legal action initiated or advice given. We cannot get you out of prison, pay fines or stand bail or interfere in local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

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We have tried to make sure that the information in this booklet is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt, contact a lawyer.

Who are the Consular Representatives?

Jonathan Mayers Vice Consul

Beirut Joseph Mathias Consular Assistant

Contact Information: British Embassy Beirut Consular Section, Serail Hill Beirut Centre-Ville Beirut Lebanon Tel: (00961) 01 960800 Fax: (00961) 01 960855 Email: [email protected] Working Hours: Monday to Thursday: 08.00 – 16:00 Friday: 08.00 – 14:00

FIRST STEPS Who will know that I have been detained? As soon as a British citizen is arrested and detained in Lebanon, the Lebanese authorities must contact the British Embassy Consular Section in Beirut. However, this often takes time and we are often informed of an arrest by family and friends. When you are arrested you should insist that you are allowed to inform the British Embassy as soon as possible: you should be allowed to make one or two phone calls from the police station to family, friends, your lawyer or the Embassy.

What will my family be told? For reasons of confidentiality we are not permitted to tell anyone that you have been detained or what the charges are without your permission.

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However, should you wish to inform your family, we can make contact with them through our colleagues in the FCO in London. We can give your family or next of kin advice on prison procedure, regulations, and how you are doing. We can also pass on any messages from you.

What will the Consular Section do? We aim to make contact with you within 24 ho urs of being notified of your arrest and if you want us to, we will visit you as soon as possible thereafter. In case they wish to transfer any money to you, we can tell your next-of-kin how to transfer money through the FCO in London. Money for prisoners should be sent to: The Foreign and Commonwealth Office Consular Directorate Desk Officer for Lebanon King Charles Street London SW1A 1AH Tel: 020 7008 0153 If you have dual nationality and are imprisoned in the country of your other nationality the British Embassy Consular Section cannot assist you formally, under international law. However, Consular staff will provide whatever informal assistance the local authorities will allow. Your relatives and friends can contact the above address for advice from the FCO in London.

The Consular Officer can: -

Provide a list of local English -speaking lawyers. Contact friends and family for you, if you want; and notify your next of kin of your arrest Send any message to your next of kin. In case they wish to transfer any money to you, we can tell your next-of-kin how to transfer money to you, without bank charges, through the Foreign & Commonwealth Office in London.

The Consular Officer cannot: -

Get you out of prison, prevent the local authorities from deporting you after your prison sentence or interfere in criminal or civil court proceedings; Give you legal advice, investigate crimes or carry out searches for missing people, although we can give you details of people who may be able to help you in these cases, such as English-speaking lawyers;

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Help you enter a country, for example, if you do not have a visa or your passport is not valid, as we cannot int erfere in another country’s immigration policy or procedures; Get you better treatment in hospital or prison than is given to local people; Pay your bail or lawyer nor guarantee to the court that you will pay them; Pay any bills or give you money;

THE LEBANESE JUDICIAL SYSTEM Judicial civilian courts in Lebanon are arranged in a hierarchy and subdivided into criminal and civil courts (eg. Civil courts would look into civil, commercial, financial and real-estate matters). Each of these courts has three levels being First Instance, Appeal and Cassation. Juries are not used in trials.

Criminal Courts Procedures Judiciary procedures are determined by the nature of the criminal act: Criminal acts are categorized depending on their importance into three categories being: a. Contraventions/minor offences b. Misdemeanors/offences c. Crime/felony Legal proceedings and process depend on the nature of the crime. The legal proceedings may be initiated either by the victim or his heirs (hereina fter referred to as the “victim”) or by the Public Prosecution Office. Whenever the matter is raised by the victim, the latter may address the claim either to the geographical competent police department, the Public Prosecution Office, the Investigation Judge or the First Instance Court.

When the file is referred to the Public Prosecution Office for his consideration either directly or through the competent police department, the PPO will on a case by case basis decide either to transfer the file (i) to the First Instance Court (for contraventions and minor misdemeanor) or (ii) to the Investigation Judge for further investigation (for felonies and major misdemeanors). It may also decide to reject the claim and in such case, the victim may raise a civil action in recovery of damages only. When the file is referred to the Investigation Judge for his consideration either

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directly or through the Public Prosecution Office and upon the completion of the investigation, he may either refer the case to the Accusatory Chamber (for major misdemeanors and felonies) or modify the charges and refer the files to the first Instance Court (for contraventions and minor misdemeanor) or re ject the claim. In the cases of contraventions and misdemeanors, the First Instance Court will proceed with the file and issue a judgment in that respect which judgment may be appealed against before the Court of Appeal. The First Instance Court’s decision may in turn be appealed against before the Criminal High Court of Cassation. In the cases of major misdemeanors or felonies and when the file of the accused is transferred to the Accusatory Chamber, the Accusatory Chamber may either issue a decision finding the accused guilty and transfer the file to the Criminal Court, or decide to acquit the accused. The Criminal Courts will in turn either incriminate the accused party with the charges raised against him, or modify said charges or acquit him/her. In any event the  judgment rendered by the Criminal Court can be appealed against before the Criminal High Court of Cassation. Sentences to be rendered in case of incrimination would vary depending on the importance of the criminal act as follows: Sentences for contraventions: -

Imprisonment Fines

Misdemeanors sentences: -

Imprisonment with forced work Imprisonment Forced Residence Fines

Sentences for felonies: -

Death penalty. Perpetual Imprisonment with forced work Perpetual Imprisonment Temporary Imprisonment with forced work Temporary Imprisonment Banishment Forced Residence Civil degradation.

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Legal Representation You can employ a lawyer for yourself at any time after your arrest: a list of Englishspeaking lawyers is enclosed in this pack. The Embassy cannot pay legal fees or guarantee to lawyers that you will pay them. If you do not have a lawyer when you come to trial and cannot afford one, you must request legal aid. Your request will b e presented to the “Lawyers Syndicate” for consideration and if it is proven that you have no funds to pay, a lawyer will be appointed to help you. However, we believe that legal aid is difficult to obtain in Lebanon, especially for foreigners. Remember, you should never sign anything you cannot read. If you find yourself under pressure to sign, ask to speak to the British Embassy.

What happens when I am arrested? If you are arrested at the airport you will initially spend some time in a police cell near the airport. Police should read the charges and your rights. For perceived drugs offences, you will be taken from the airport to cells in Hobeiche Police Station Whilst you are there police will usually gather evidence and interrogate you. You may also have to undergo a drugs test while there, either a urine sample, a blood test or both). Depending on the severity of the offence, you will usually remain in the police anti-narcotics cell for a few days after which you will be taken to a remand prison, n ormally Roumieh Prison. For other offences you will not normally stay in a police station for longer than 24 hours. The police will pass the details of your arrest to the General Prosecutor who will then decide whether to release you or transfer the file to the First Instance Court or the Investigation Judge (see page 4 above). If you find yourself transferred to prison, you will share a cell with lots of other people. Prisons in Lebanon are greatly overcrowded and prisoners are often held together in large rooms. You may have access to your belongings, but this depends on whether the police consider them as evidence. If considered as evidence you will not be allowed to keep your possessions. Your passport and other identification will be taken away but should be returned to you when you leave prison. Both men and women will find conditions in prison cramped and overcrowded. Long-term inmates normally organise the other prisoners under the supervision of prison wardens. Mattresses and blankets are available but often have to be shared with others, depending on the number of occupants in the room. Showers are few and far between and often prisoners are not able to shower on a daily basis: only to have a wash. Facilities for heating water are scarce. There are basic clothes washing and cooking facilities, which can be used at a cost.

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There is usually a prison shop from which you can order food, soft drinks, cigarettes and toiletries, provided you have money to pay for these items. If your relatives have sent money to you via Consular Directorate, the Consular official visiting you will arrange for an account to be opened in your name at the prison. The cost of the items bought from the prison shop will then be deducted from this account. In order to receive visitors at Roumieh Prison, a prison visiting permission slip must first be obtained from the Ministry of Justice. Prison visiting dates and times vary according to the prison you are in but normally these are 3 days a week. Permission also has to be obtained to receive telephone calls and often calls are not transferred to the prisoner, usually because the prisons are so overcrowded that it is not possible to locate a prisoner quickly enough. It is not possible to make calls from the prison. However, in the past the British Embassy have been allowed to take a mobile phone into the prison so that a prisoner can make a short international call to his or her loved ones. There are several other prisons in Lebanon and the policy on visitors and telephone calls vary from place to place.

For how long can I be remanded in custody? According to the law, no-one should be held for longer than 24 hours before charges are brought. However, in reality this is not the case. Although you will normally be seen by the General Prosecutor within 24 hours, you can be held on remand for an undetermined period without specific charges being brought. However, once you are sentenced, time served on remand will be counted as part of your sentence. You will be able to wear your own clothes and will not be expected to work. You can receive visitors.

What happens when I am charged? If you are charged, depending on the nature of your crime, contravention or misdemeanour, you will be sent either to the First Instance Court (usually for the less serious crimes) or the Investigation Judge (for the more serious crimes). See page 5 above.

What provision is there for bail? In general there is no bail granted to foreigners because the authorities will be concerned that he/she may try to flee the country.

What kind of legal assistance is available? Consular staff cannot give legal advice, but they can provide you with a list of lawyers who speak English. Normally, if you hire a private lawyer she/he will ask for a cash advance on his/her estimated legal fees (which may be very high) before s/he will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

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What happens at the trial? There is no jury system in Lebanon. Trials are heard by the Investigating Judge and/or members of the court.

How can appeals be made? The accused have the right to appeal their sentence to the Appeal Court Judge through their lawyers. This must be done within 15 days of the sentence being handed down.

Is transfer to the UK a possibility? No, there is currently no Prisoner Transfer Agreement between Lebanon and the UK.

What are the procedures for release and deportation? The Director of the Prison submits the release order to the General Security office (Surete Generale) which is responsible for deportation. Prisoners are not allowed to stay in Lebanon after release. Prisoners are then transferred to the cells in the Migration Office at Surete Generale and are held there while their deportation is arranged (usually 2-3 days). Prisoners should have a passport and air ticket ready so that there are no further delays.

VISITS Consular visits We hope to visit you every 3 months. At our request you will normally be able to see Con sular staff in a separate office.

Can I receive medical and dental treatment? If you need medical or dental treatment you should ask to see the prison doctor or dentist. Depending on number of patients, prisoners can either be assisted the same day or after 2-3 days. Basic medical attention is free of charge. There are also English-speaking social workers who visit the prisons and who can help with individual problems or pass on messages to the Consular staff.

Mail/Parcels Friends and family can send mail, emails and small parcels to the Embassy and we de liver to the prison. The Embassy is not able to forward mail on your behalf back to the UK. All letters

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and parcels are opened and checked by prison staff before they are given to prisoners. Mail cannot be sent directly to the prison from the UK since there is no postal system in the prison.

OTHER SOURCES OF HELP WHILE YOU ARE IN PRISON Prisoners Abroad For more than thirty years, the charity Prisoners Abroad has offered practical support and advice to Britons imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether or not you have been sentenced. PA is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their ‘resettlement’ servic e. They can also provide support and advice to your family during your imprisonment, if you wish. Should you wish to enrol with Prisoners Abroad the forms are at annex D. If you have no means of sending completed forms to Prisoner’s Abroad please contac t the Embassy and we will arrange to collect them on our next visit. We will then forward them to Prisoner’s Abroad. Contact Details: Prisoners Abroad 89 –93 Fonthill Road London N4 3JH England Telephone 00 44 (0)20 7561 6820 (Mondays to Fridays 9.30 am to 5.30 pm) Email: [email protected] Website: www.prisonersabroad.org.uk

After your release Possibly you have never lived in Britain and have no ties there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help work out what to do next. When you first arrive back in Britain you can visit Prisoners Abroad (see address above) on weekdays between 10 am and 4 pm for advice, to take a shower, use the 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 it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, PA ’s Resettlement Service can help with –

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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 help are:

Prison Fellowship, England and Wales PO Box 945 Maldon Essex CM9 4EW Tel: 0044 (0) 1621 843 232 Fax: 0044 (0) 1621 843 303 Email: [email protected] Prison Fellowship, Scotland 110 St James Road Glasgow G4 0PS Tel/fax: 0044 (0)141 552 1288 Email: [email protected] Prison Fellowship, Northern Ireland 39 University Street Belfast BT7 1FY Tel/fax: 0044 (0)2890 243 691 Email: [email protected]

The Salvation Army They can arrange to visit prisoners overseas through their international service. The Salvation Army International HQ 101 Queen Victoria Street London EC4P 4EP Tel: 0044(0)20 7332 0101 Fax: 0044(0)20 7329 6970

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