Information Pack for British Prisoners in Lima Author Date - British Embassy Lima September 2020 - Gov.uk
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Information Pack for British Prisoners in Lima
Author British Embassy Lima
Date September 2020
1Contents
INTRODUCTION ............................................................................................................... 4
Who can help? ................................................................................................................... 4
About the Embassy ............................................................................................................ 4
Who are the Consular Representatives? ........................................................................... 4
Contact Information ........................................................................................................... 5
FIRST STEPS ................................................................................................................... 6
Who will know I have been detained? ............................................................................... 6
What will my family be told? .............................................................................................. 6
What will the Consulate do? .............................................................................................. 6
Would I have a criminal record in the UK? ........................................................................ 7
VISITS ............................................................................................................................... 7
How do my family and friends arrange a visit? .................................................................. 7
How many visits am I allowed? .......................................................................................... 7
Consular visits ................................................................................................................... 7
What can visitors bring? .................................................................................................... 8
PRISON CONDITIONS/SERVICES .................................................................................. 8
Arrival at police station ....................................................................................................... 8
Arrival at prison .................................................................................................................. 9
General prison conditions ................................................................................................ 10
How can I receive money? .............................................................................................. 10
Can I work or study in prison?..........................................................................................11
Can I receive medical and dental treatment? .................................................................. 11
Food and Diet .................................................................................................................. 11
Mail/Parcels ..................................................................................................................... 12
Can I make telephone calls? ........................................................................................... 12
Leisure and entertainment ............................................................................................... 12
Drugs 12
How can I make a complaint about mistreatment? .......................................................... 12
THE PERUVIAN JUIDICIAL SYSTEM ........................................................................... 13
Is the system the same as the UK? 14
What should happen when I am arrested? 14
For how long can I be remanded in custody? .................................................................. 16
What happens when I am charged?................................................................................16
What provision is there for bail? ...................................................................................... 16
What kind of legal assistance is available? ................................................................... 166
What happens at the trial? ............................................................................................... 17
Sentences ........................................................................................................................ 17
How can appeals be made? ............................................................................................ 17
What provision is there for reduction of sentence (remission) e.g. for good behaviour?177
What provisions are there for early release e.g. on parole? .......................................... 177
What provision is there for clemency or pardon? ............................................................ 18
How do I submit a clemency plea? 18
What about any financial penalties? ................................................................................ 18
2Is transfer to another prison within Peru possible? .......................................................... 18
Is transfer to the UK a possibility? 188
How long will I have to serve sentence once in the UK? 19
What are the procedures for release and deportation? ......... …………………………. 20
Prisoners Abroad Resettlement Service………………………………………………………21
Transfer of Funds from abroad…………………………………………………………………21
Additional Information…………………………………………………………………………..22
Penitentiary Benefits ........................................................................................................ 22
New Benefits Law (passed in 2014)………………………………………………………..…23
Volunteer Workers ......................................................................................................... 244
Plea Bargaining 24
Prison details ................................................................................................................... 24
PRISONERS ABROAD..................................................................................................... 256
Glossary of Terms including Useful Legal Terms……………………………………………. 27
ENGLISH – SPANISH ....................................................................................................... 277
SPANISH- ENGLISH ........................................................................................................... 31
Key Phrases - English into Spanish 36
Annexes ............................................................................................................................ 49
ANNEX 1: List of English-Speaking Lawyers .................................................................. 49
ANNEX 2: List of Private Translators/Interpreters ........................................................... 54
ANNEX 3: Consent to Disclose my Details ………………………………………….556
ANNEX 4: Notification of Detention………………………………………..…………………57
ANNEX 5: Expulsion Order Guide ................................................................................... 58
ANNEX 6: Transfers route Peru - UK……………………………………………..………….60
ANNEX 7: New Benefit Law Information Letter……………………………………………...63
DISCLAIMER……………………………………………………………………………………63
3Introduction
Who can help?
The Foreign, Commonwealth and Development Office (FCDO) is represented overseas by its Embassies
and Consulates (High Commission in Commonwealth Countries).
Both employ consular officers, and one of their duties is to provide help and advice to any British National
who gets into difficulty in a foreign country.
About the 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 local regulations, and that you are treated no less favourably than other
prisoners.
We can answer questions about your welfare and about prison regulations but you must ask your lawyer
or the court about legal matters. The attached list of lawyers is provided by the British Embassy for your
convenience, but neither Her Majesty’s Government, nor any official of the Consulate, take any
responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any
legal action initiated or advice given.
We cannot get you out of prison, pay fines, stand bail, or interfere with local judicial procedures to get
you out of prison nor secure you an earlier trial date; we cannot investigate a crime.
We have tried to make sure that the information in this booklet is accurate and up to date, but the British
Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt,
contact a lawyer.
Who are the Consular Representatives?
British Embassy in Lima
Fabiola Aguilar Vice Consul
Email: fabiola.aguilar@fcdo.gov.uk
Cynthia Carbajal Pro Consul
Email: cynthia.carbajal@fcdo.gov.uk
Claudia de Olazabal Pro Consul
Email: claudia.deolazabal@fcdo.gov.uk
Other members of the British Embassy may accompany us to do some prison visits for security reasons
or familiarisation purposes or a driver may visit you to deliver funds and other items when needed.
4Contact Information
British Embassy Lima
Consular Section
Torre Parque Mar
Av. Larco 1301, Floor 23
Miraflores
Lima 18
Tel: (0051 1) 617 3000
Website: www.gov.uk/world/peru
Working hours:
Monday to Thursday: From 08.00 am to 17.00 pm
Friday: From 08:00 am to 13.00 pm
5First Steps
Who will know I have been detained?
The British Embassy aims to contact any arrested British national in Peru within 24 hours after notification
by the Peruvian authorities. Please bear in mind that the Peruvian authorities do not always advise the
Embassy of arrests with immediate effect, so remind them you need to see a Consular Officer as soon
as possible.
A Consular Officer will visit you while you are detained during the initial investigations.
The Consular Directorate of the Foreign, Commonwealth and Development Office in the United Kingdom
will be aware of your condition and the assistance the Embassy in Lima is providing you with.
What will my family be told?
If you authorise us, we can notify your family or Next of Kin (NoK) of your arrest and disclose the details
of your case with them.
What will the Consulate do?
The Consular Section of the British Embassy is here to support you. We assist all British nationals and
unrepresented Commonwealth and Overseas Territories nationals who have entered Peru with passports
of such nationalities and are not Peruvian nationals as well.
The Consular Officers will not judge you and will keep the information you provide them with in
confidence. We will only share your details with supporting organisations and your Next of Kin, if you
agree. We cannot release you from prison, secure a trial date, pay fines, stand bail or interfere in judicial
procedures in any way. We cannot represent you legally or investigate a crime. We cannot arrange
better treatment for you in the prisons or police stations than that afforded to other prisoners. We are
also unable to offer you legal advice or supply you with funds for payment of legal fees or other expenses.
What we can do for you while you are detained is to:
• Provide you with a Local Lawyers´ List
• Provide you with a Local Translators and Interpreters´ List
• Provide you with a Glossary of Terms English-Spanish-English
• Visit you regularly
• Act as a link with the Peruvian authorities and organisations if necessary
• Pass messages to your family or friends abroad
• Provide you with reading material, including newspapers and magazines
• Deliver funds to you provided by others, if available
• Visit you in an emergency - e.g. if you are hospitalised
• Look into any complaints at your request
• Provide you with vitamins from Prisoners Abroad, if you receive them
• Advise your family and friends about your situation in Peru, if you wish
• Arrange your relatives´ visits
• Arrange your reception of funds from abroad
6• Receive and deliver correspondence sent to you, but not parcels
(If mail is sent to consular staff, we may open the mail to check for prohibited items, but will not
read the contents)
• Send correspondence abroad on your behalf (not parcels)
Would I have a criminal record in the UK?
You should be aware that if you are convicted for certain serious offences, such as sexual assault or
drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about
this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.
Visits
How do my family and friends arrange a visit?
The Embassy can arrange – special visits for your family or friends from the UK or elsewhere, if they
come to Peru to visit you. We would need to send a formal request to the Prison authorities, at least one
week in advance. Prison authorities can grant the visits according to each prison regulations. They can
also visit you on the normal visit days for men and women.
How many visits am I allowed?
Prison authorities can grant the visits according to each prison regulations. They can also visit you on the
normal visit days for men and women.
We have the right to see you and you have the right to see us. However, please bear in mind that there
may be occasions when we cannot do so, e.g. at times of disturbances or riots inside the prison, if it is
considered that the consular officer might be at risk of harm.
As soon as the Embassy is aware of a prison riot, the Consular Section will contact the prison authorities
and ask about your welfare.
Consular visits
As soon as the Embassy is notified of your arrival in prison a Consular Officer will visit you as soon as
possible.
A Consular Officer will then visit you every three or four months or whenever you have an emergency,
e.g. a serious illness or are hospitalised.
During the visits the Consular Officer should:
• provide you with funds, if you are receiving them through the FCO,
• provide you with vitamins, if you are receiving them from Prisoners Abroad
• provide you with available newspapers and magazines
• provide you with correspondence, if you have received any at the Embassy
7• attend to your queries/questions and provide you with feedback/news about any issue pending, if
already available
• provide you with news or messages from family and friends
The Consular Officer should be allowed to visit you at any time during the prison visiting hours with a
permission previously granted by the prison authorities.
Please bear in mind that the penitentiary system of Peru, including the prison visits system, is regulated
by INPE (Peruvian Penitentiary Institute) and by the Peruvian laws only. Embassy Officers will visit you,
but cannot intervene in the prisons´ visit regulations.
What can visitors bring?
The prison authorities do not allow a number of items into the prison, even though you may have seen
them for sale inside the prison.
The following items are not allowed into prison:
Razors, knives, scissors, sharp objects, CDs, DVDs, CD/DVD players, headphones, cables, TVs, radios,
stereos, iPods, computers, laptops, drugs, guns, tobacco, cigarettes, alcohol, Coca Cola, cans, glass,
metallic items, dark long-sleeve shirts with tall necks, caps, sun glasses, porn magazines/materials,
mobile phones and mobile phone cards.
This list has been prepared with information provided by different prisons and may be incomplete. There
may be further items which are not permitted. We will advise of these as we become aware. The items
allowed can also change from prison to prison.
We can assist in providing guidance to your family and friends on what they can and cannot take in the
prison.
Prison conditions/services
Arrival at police station
Once you have been arrested the Peruvian Police has between 15 and 18 days to complete the
investigations into your case. During the investigations you will stay at the Police station. The Police officers
should provide you with a detention notification, which we have translated into English for you. You can find
it in Annex 9.
If you are held at DIRANDRO1 you will remain in a cell. There are 12 shared cells and 2 individual cells
there. Your jewellery, money and personal documents, including passport,
will be taken into safekeeping and hopefully be returned to the Embassy. You might recover your clothes
and personal items once the investigations have finished. If you are receiving medication, this should be
taken to the prison as well.
1
Dirección Nacional Antidrogas: The Peruvian Organisation that fights drug trafficking in Peru, part of the Peruvian
National Police. It is located in San Isidro.
8The Embassy will not be able to keep your belongings, except for your passport.
At DIRANDRO the police will take your statement. They should provide you with an interpreter. If they don’t
and you do not understand what they say or the documents they want you to sign, you do not have to sign
them. It is unlikely that we would be given a private room to discuss things when we visit you. Most of the
Police Officers do not speak English though. You should have a basic medical check every day and receive
food and water. We will provide you with some toiletries and stationery.
At DIRANDRO you are likely to be incarcerated with foreign nationals arrested with drugs at the international
airport of Lima. Peru is one of the biggest cocaine producers in world and drug smuggling is a serious crime.
The airport in Lima is the most important international airport in Peru and has effective drug smuggling
controls.
After investigations at the remand centre, you will be taken to the Attorney General Office at the Public
Ministry2. At the AG Office you will appear before a judge who will decide whether to press charges against
you or not. You should have an interpreter there. If you don’t and you do not understand what they say or
the documents they want you to sign, you do not
have to sign them. You will probably stay there for a day or two. If you arrive on a Friday you may remain
there for the weekend. At the AG Office you will be held in a cell with other detainees. Women and men will
be separated. The cells do not have beds, but a bench and a shared bathroom. There is not much light.
You will be given water at your request, but food is generally not provided. If we are aware you will spend
the weekend there, we could try to arrange to deliver some food for you (for the weekend).
At the AG Office you will be interviewed. Your statement from the Police station will be considered. The
Attorney General represents the Peruvian State and if he/she considers you guilty, he/she will file a complaint
to the judge about your offence. If the judge finds you guilty, you will be transferred to the Justice Palace.
The Justice Palace is in the Centre of Lima and the cells are ruled by INPE 3. At the Justice Palace you will
remain in a cell (women and men separated). If you are a man charged for a sexual offence, you should be
held in a separate cell for your own safety.
If you arrive at the Justice Palace in the morning you should stay there until the afternoon. If you arrive at
the afternoon you should remain there until next day (or during the weekend if you arrive on a Friday). The
INPE officers will interview you and decide to which prison you will be taken. They will take into consideration
the type of crime, your background and the prison system. You will then be transferred to a prison.
If the Attorney General does not press charges against you, you will not have to go to the Justice Palace
and the prison. This, however, does not often happen with British nationals involved in drug smuggling.
Arrival at prison
Detainees are normally taken to the prison of the jurisdiction of their place of arrest. Therefore, male
detainees are normally imprisoned in Callao prison (as the airport is located in Callao).
In recent years most of the male and female British nationals imprisoned for drug smuggling have been
transferred to the Prison of Ancon 2, also known as “Piedras Gordas 2”.
Ancon is a district in the outskirts of Lima and accommodates most of the British male
2
Fiscalía de la Nación at the Ministerio Público: The location is in the centre of Lima.
3
Instituto Nacional Penitenciario. INPE is the Peruvian Penitentiary Institute and is part of the Ministry of Justice.
9and female prisoners in Peru. The prison choice as well as any future transfer to another prison is decided
and arranged by INPE.
Once you arrive at the prison it is very likely that you will have to buy your own bed and other personal items.
Please call us to let us know you have arrived in prison and let us know if you want us to visit you. If we
have received funds for you by then we will find the way to let you have them as soon as we can.
The currency in Peru is the Sol.
Other British or foreign nationals imprisoned will have been through a very similar experience and will be a
source of information on the regime in prison and should be able to help you adapt to your surroundings.
The Peruvian judicial system is slow. It generally takes one or two years for your sentence to be decided.
You will remain in prison meanwhile. Please communicate with your lawyer if you want to speed up the
process.
General prison conditions
Peru is a developing country and its prison conditions are poor. However, please remember that there
are social workers in every prison who are there to assist you.
The prison facilities should provide you with basic access to a bathroom, a cell, a patio and regular meals
(breakfast, lunch and dinner). However, they will not supply clothes or toiletries.
Generally, prisoners who learn Spanish adapt themselves more quickly to the prison life.
INPE has set up a free line for inmates to trace their paperwork in prison. The line is 0-8001-6102 and
announcements are in Spanish.
How can I receive money?
There are two ways in which you can receive financial assistance while in prison.
• Private funds: Deposited to you by your family or friends. Instructions for them below.
• Prisoners Abroad: If your family cannot support you financially on a regular basis, the charity
Prisoners Abroad may be able to send you a small grant every quarter for essentials.
Money received from the UK will be converted into local currency and given to you during the following
prison visit.
Please note that the British Embassy does not provide financial support to British nationals in prison
abroad.
How can I send money?
Family and friends can transfer funds to you via the Foreign, Commonwealth and Development Office.
A fee does apply for this service. Family and friends can contact the FCO for further information.
10Prisoners Abroad can help with small grants for food and water if family or friends cannot. Please let us
now if you would like to apply for Prisoners Abroad funds and we will provide you with the application
forms.
Can I work or study in prison?
A few prisons offer study, sport and work opportunities, but, if available, these are limited.
Can I receive medical and dental treatment?
All prisons in Peru have medical and dental facilities. However, these are basic and the cost is not always
covered by the Peruvian State.
If you think you have a medical problem, including psychiatric or dental, please inform the prison
authorities and apply for a Medical Panel meeting to have a medical check. The Medical Panel will
examine you and provide you with a diagnosis. If the prison cannot afford your treatment or medicine,
they will provide you with an estimate of costs and/or prescriptions.
Please keep the Embassy informed if you are suffering from any medical problems.
If you have submitted your medical panel meeting application and the prison is taking too long to call you,
please let us know. If you need medical funds, please let us have the receipt or prescription and we will
inform your next of kin. If your next of kin is not able to support you, you will need to complete the PA
Medical Fund form if you are registered with Prisoners Abroad. If PA approves your application, we will
arrange the purchase of your medicine and the treatment coverage.
If you do not have a prescription or receipt and need our urgent assistance, we will liaise with the prison
authorities and get the diagnosis and estimate of costs as soon as we can.
If you need to have your full medical report and the prison has not given it to you yet, we will request it
on your behalf.
Only the prison can authorise your transfer to an external hospital, if needed. Transfers generally occur
when the prisoner is seriously ill or needs medical checks that the prison cannot perform due to lack of
facilities or specialists.
Please do not wait until you are in distress. If you do not feel well, inform the prison authorities and apply
for a Medical Panel meeting. Only the Medical Panel report will let us have all the information we need
in order to assist you with medical funds.
The medical funds will be provided to the prison authorities directly.
Food and Diet
Food provided by prison authorities can be very poor and limited. However, you can purchase food inside
the prison and complement it with daily intake of multi vitamins provided by Prisoner Abroad (if
applicable).
11Mail/Parcels
If you wish to send your family or friends correspondence, you may do it independently or through the
Embassy or Prisoners Abroad. If you do it through the Embassy, the Consular Officer will send your
correspondence to the addressee with immediate effect. However, you will have to pay the
corresponding fee for it. The fee can be deducted from your next funds´ deposit.
Only mail addressed to Prisoners Abroad or any HMG office will be sent through the diplomatic bag.
We would advise your NoK to send your mail to the Embassy. If the mail is sent directly to the prison, it
may not arrive. If sent to the Embassy, please bear in mind that we will give it to you during our regular
visits only. If mail is sent to consular staff, we may open the mail to check for prohibited items, but will
not read the contents. It is advisable to send it through a reputable courier company. .
The Embassy cannot receive parcels for you from your family or friends. We do not take responsibility if
your parcel gets stuck in customs and return to the sender. The Embassy cannot intervene in this
process.
Can I make telephone calls?
Most of Peruvian prisons have telephone facilities. Please bear in mind that telephone facilities in
Peruvian prisons are not free of charge or unlimited.
If you are caught trying to use a mobile phone inside the prison, you will be punished according to local
regulations.
Leisure and entertainment
The Embassy will deliver newspapers and magazines in English during every prison visit, if available.
The newspapers may not be up-to-date. If you wish to receive reading material in other languages, please
let us know, and we will try to get some. We occasionally receive donations of books, which we will bring
you if available.
Drugs
Drugs abuse is common in prison, however, it is prohibited. Prison authorities perform searches
regularly, and those found with prohibited items are sanctioned. Some prisons offer rehabilitation
programmes for addicts that you could apply for.
How can I make a complaint about mistreatment?
Mistreatment is the intentional exposure to significant physical or mental pain or suffering by or with the
consent or acquiescence of the State authorities. It is considered a torture when perpetrated for a specific
12purpose, such as gaining information, punishment or intimidation. All cruel, inhuman and degrading
treatments are prohibited.
If you have been tortured or mistreated, please 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 inform you
of any local complaints procedures and supportive organisations that you may wish to consider. With
your permission, and where appropriate, we may also be able to raise your allegations of torture and/or
mistreatment with the authorities.
You have the right to inform us of any type of mistreatment suffered while in detention and ask the
Embassy to make formal representations on your behalf with the Peruvian authorities. We aim to make
sure that you are treated properly and fairly in accordance with Peruvian regulations, and that you are
treated no less favourably than other prisoners. We cannot get you better treatment than other prisoners.
However, torture and mistreatment while detained or in prison are prohibited by the Peruvian and
international laws and therefore, you have the right to complain. If you have been abused by another
prisoner, you can also inform the Embassy and if you agree, we will liaise with the Peruvian authorities
to do all we possibly can to prevent these incidents in the future and assist you in your recovery.
Deliberate mistreatment of British prisoners is uncommon in Peru.
All the information you provide us with will be kept in confidence. We will only inform the supportive
organisations in Peru with your permission. Your next of kin may be advised at your request.
The Peruvian Judicial System
The Peruvian Judicial System is autonomous and independent. It is governed by the Peruvian
Constitution, which states justice is administered through the Courts.
The Peruvian States consists of three powers:
• Executive Power, represented by the President of the Republic
• Legislative Power, represented by the President of the Parliament, and
• Judicial Power, represented by the President of the Justice Supreme Court.
As soon as you are sentenced, make sure your lawyer registers your sentence at the prison where you
are.
Is the system the same as the UK?
No, the Peruvian judicial system is very different and is based on the Roman Law. However, a new
Criminal Procedural Code based on hearings is being implemented in the country and it will hopefully
reach the Courts of Lima and Callao in 2016.
13The Peruvian Ministry of Justice
The Ministry of Justice is part of the Executive Power. It aims to provide the Power with legal advice
guaranteeing the State of Law.
The Ministry collaborates with public entities in charge of justice administration. It assists in pro bono
legal advice and defence as well as in promotion of a peaceful society. The Ministry promotes the
defence of human rights.
The Ministry is headed by the Minister of Justice (Ministro/a de Justicia) and rules the National
Penitentiary Institute, INPE.
INPE (Instituto Nacional Penitenciario) manages and controls the national penitentiary system. Its aim
is to rehabilitate and re-educate the inmates and maintain the penitentiary security and infrastructure.
What should happen when I am arrested?
All that comes after the arrest is regulated by the Peruvian laws and authorities only, as you have been
arrested in Peru. The Peruvian Police has between 15 and 18 days to complete the investigations of your
case. During the investigations you will stay at the Police station. The Police officers should provide you
with a detention notification, which we have translated into English for your understanding. You can find it
in Annex A.
If you are held at DIRANDRO4 you will remain in a cell. There are 12 shared cells and 2 individual cells
there. Your jewellery, money and personal documents, including passport, will be taken into safekeeping.
You might recover your clothes and personal items once the investigations have finished. If you are receiving
medication, this should be taken to the prison as well.
The Embassy will not be able to keep your belongings at the Embassy, except for your passport.
At DIRANDRO the police will take your statement, but probably without an interpreter. You will not see a
public lawyer until you are in prison. It is unlikely that we would be given a private room to discuss things
when we visit you. Most of the Police Officers do not speak English. You will have a basic medical check
every day and receive food and water. We will provide you with some toiletries.
At DIRANDRO you will very likely to be incarcerated with foreign nationals arrested with drugs at the
international airport of Lima. Peru is one of the biggest cocaine producers in South America and drug
smuggling is a serious crime. The airport in Lima is the most important international airport in Peru and has
effective drug smuggling controls.
After investigations at the remand centre, you will be taken to the Attorney General Office at the Public
Ministry5. At the AG Office you will appear before a judge who will decide whether to press charges against
you or not. You will probably stay there for a day or two. If you arrive on a Friday you may remain there for
the weekend. At the AG Office you will be held in a cell with other detainees. Women and men will be
4
Dirección Nacional Antidrogas: The Peruvian Organisation that fights drug trafficking in Peru, part of the Peruvian
National Police. It is located in San Isidro.
5
Fiscalía de la Nación at the Ministerio Público: The location is in the centre of Lima.
14separated. The cells do not have beds, but a bench and a shared bathroom. There is not much light. You
will be given water at your request, but food is generally not provided.
As soon as we know that you have arrived at the GA Office we will try to arrange a visit by an officer from
the Ombudsman Office in Lima. We would provide this Officer with some limited funds, which would be
refunded to us from your first deposit of funds from family or friends. With those limited funds the officer
should buy you some food.
At the GA Office you will be interviewed. Your statement from the Police station will be considered. The
Attorney General represents the Peruvian State and if he/she considers you guilty, he/she will file a complaint
to the judge about your offence. If the judge finds you guilty, you will be transferred to the Justice Palace.
The Justice Palace is in the Centre of Lima and the cells are ruled by INPE 6. At the Justice Palace you will
remain in a cell (women and men separated). If you are a man charged for a sexual offence, you will be
held in a separate cell for your own safety.
If you arrive at the Justice Palace in the morning you should stay there until the afternoon. If you arrive at
the afternoon you should remain there until next day (or during the weekend if you arrive on a Friday). The
INPE officers will interview you and decide to which prison you will be taken. They will take into consideration
the type of crime, your background and the prison system. You will then be transferred to a prison.
If the Attorney General does not press charges against you, you will not have to go to the Justice Palace
and the prison. This, however, does not often happen with British nationals involved in drug smuggling.
Most of the male British nationals imprisoned for drug smuggling have been held at the Prison of Callao,
also known as “Sarita Colonia”. Callao is a province very close to Lima and accommodates most of the
British male prisoners in Peru. Most of the female British nationals imprisoned for drug smuggling
have been held at the Prison of Chorrillos, also known as “Santa Mónica”. Chorrillos is a district very
close to the Embassy and accommodates all the British female prisoners in Peru. The prison choice as
well as any future transfer to another prison is decided and arranged by INPE.
Once you arrive at the prison it is very likely that you will have to buy your own bed and other personal
items. Please call us. As soon as we know you have arrived in prison we will visit you and take the
following with us: a pack of toiletries, newspapers and/or magazines and an advance of funds if you need
them and they are available.
The currency in Peru is the Sol. £1 is roughly S/ 4.6 soles.
Other British or foreign nationals imprisoned will have been through a very similar experience and will be
a source of information on the regime in prison and should be able to help you adapt to your surroundings.
The Peruvian judicial system is slow. It generally takes one or two years for your sentence to be decided.
You will remain in prison meanwhile. Please communicate with your lawyer if you want to speed up the
process.
6
Instituto Nacional Penitenciario. INPE is the Peruvian Penitentiary Institute and is part of the Ministry of Justice.
15For how long can I be remanded in custody?
You should be remanded in custody for the whole process until you receive your sentence or are
acquitted.
What happens when I am charged?
You will be remanded in custody for the whole process until you receive your sentence or are acquitted.
What provision is there for bail?
Under Peruvian laws there are provisions for bail. However, this is not typically granted in drug trafficking
cases and you can only apply before you get sentenced. Your lawyer is best placed to advise you on
how to apply.
What kind of legal assistance is available?
If you are detained and do not have enough funds to hire a private lawyer, you have the right to request
a Public Defendant (Defensor Público).
The Public Defendant (PD) will provide you with free legal aid during your trial process and, if necessary,
after you are sentenced. Public Defendants generally do not speak English, but you have the right to an
interpreter. The interpreter is free of charge and should be offered to you throughout your process. The
PDs will help you by giving you legal advice and trying to get your trial concluded as soon as possible. If
and once you are sentenced, they will help you to get your certified copies of sentence and with any
procedure you may wish to follow: parole, commutation, transfer, etc. Please be aware that it is common
practice to experience delays in cases dealt with by the PDs, as there is a small number of them available
to all the detained population.
How to request a public defendant at police stations
A Public Defendant will be available for you at DIRANDRO. He/she should be shared with other Police
Units, so if you want one, it is advisable to request an appointment as soon as possible. We can help you
request a PD during our visit at DIRANDRO by submitting your request orally directly to the Police Officer
in charge of your case. After your stay at DIRANDRO (15 days approximately), you should be transferred
to the Prosecutor´s Office (Fiscalía) where another Public Defendant will be available upon request. If
the Prosecutor presses charges against you, and you go to prison, there will be Public Defendants
available in prison as well. This means that your case will not be followed by the same PD during your
detention stage, but by different ones that you will need to request.
How to request a public defendant in prison
Once in prison the number of inmates greatly exceeds the number of Public Defendants. This could
mean you having to wait some time to have a PD appointed and the PD’s heavy workload may slow the
processing of your case. To request one you can ask the delegate of your pavilion for an appointment
16with a PD. This route generally takes long and may require a payment from you for the delegate (every
time you request a PD). Therefore, if you prefer, you can ask us to contact the Directorate of Public
Defence in Lima for you. The Directorate is in charge of all PDs in Peru. We liaise closely with them and
if you want, we will let them know that you need a Public Defendant in prison. The PD should then try
and visit you at your pavilion.
You may appoint a private lawyer and a Public Defendant to represent you. But this could slow down
the processing of your case as both would need to liaise with each other to ensure consistency in
representing you in the most effective manner.
The Public Defendants in prison work with cases at the Criminal Courts (Juzgados Penales), but once
your case goes to a higher Court (Sala) another PD should be assigned.
Please be aware that although legal aid is your right, Public Defendants in prison rotate and have a high
number of cases to deal with, so please try to be patient. We have heard complaints of delays. We will
try to help you and will liaise with the Directorate of Public Defence directly on your behalf, if you are
happy with that.
What happens at the trial?
Your lawyer is best placed to advise you on the trial process. However, you should be prepared to attend
a number of hearings. You have the right to an interpreter during the hearing.
Sentences
Mostly British Nationals imprisoned in Peru have been convicted for drug trafficking. Under Peruvian
Laws, the lowest sentence for trafficking less than 10 kilos of cocaine is 6 years and 8 months.
How can appeals be made?
Peruvian Law states that after the sentence has been read, the judge will ask the prisoner if he/she is
going to appeal the sentence.
The appeal should generally be submitted within 3 days. Please ask your lawyer for further details.
What provision is there for reduction of sentence (remission) e.g. for good behaviour?
Since August 2013, the Peruvian government does not have provisions for reduction of sentence for drug
related charges.
What provisions are there for early release e.g. on parole (liberación condicional)?
Since August 2013, the Peruvian government does not have provisions for early release for drug related
charges, except for liberación condicional. Please ask your lawyer for further details.
17What provision is there for clemency or pardon?
The Peruvian State can grant clemency (“indulto”). The clemency is only granted by the President of the
Republic.
Some of the prisoners charged for minor drug smuggling (delincuentes primarios) can apply for clemency
if:
• they have already served one third of their sentence,
• they are in prison for the first time and
• The drugs have not exceeded certain limits.
The Peruvian law states that the clemency is not applicable to leaders, heads or chiefs of drug smuggling
gangs.
How do I submit a clemency plea?
In order to submit a clemency plea you must have already received your sentence. If your sentence is
long (eg. 20 years) you can then apply for a reduction of sentence, called “pedido de acogimiento de
terminación anticipada del proceso”. If such application is successful and the Prosecutor does not
appeal, you are free to submit a clemency plea, called indulto. The clemency plea must be based on
humanitarian grounds, ie. Terminal illness. If the Ministry of Justice approves the plea, they refer it to the
President of the Republic for confirmation. If confirmed, you receive clemency. The clemency plea
process can take several months.
What about any financial penalties?
Under Peruvian law in addition to the time you will serve in prison you will need to pay a fine to the
Peruvian Government called ‘Reparacion Civil”. The amount of the fine will be determined by the Judge.
Is transfer to another prison within Peru possible?
Some Peruvian prisons are overcrowded. If you wish to be transferred to another prison, please inform
the prison authorities in writing. We could help you to follow it up at your request. Normally only sentenced
prisoners can apply for transfers and not all the applications are successful.
The prison authorities may also transfer you to another prison, if they consider it appropriate, without your
consent and without informing us first.
Is transfer to the UK a possibility?
You can apply for a transfer to the UK. The Peruvian and British governments signed a bilateral Transfer
Agreement, “Transfer of Sentenced Persons”, which entered into force on 11 September 2003. The
18agreement will allow you to submit a transfer application as long as you meet all the necessary
requirements. More information about transfers back to the UK are included in the leaflet “Transfers home
for prisoners abroad” included with this pack.
The conditions are:
• that the person is a British citizen, or a person whose transfer the UK considers appropriate,
having regard to close ties to the UK
• that the sentence is final
• that the person has at least six months of the sentence left to serve at the time of the transfer that
the sentenced person has not been sentenced to the death penalty, unless this has been
commuted
• that the person consents to the transfer
• that the act for which he/she was sentenced constitutes a criminal offence in the administering
State
• that the sentencing (Peru) and administering (UK) States agree to the transfer
The requirements are:
• Approval from the UK
• Your statement to serve the rest of your sentence in the UK
• Certified copy of your birth certificate and any other document that proves your nationality if
available
• Three certified copies of your sentence and statement that it is consented (processed at the Court
that issued the sentence)
• Certificate that proves the non-existence of a pending process (issued by the Judicial Power)
• Submission of the regulations referred to the crime committed by the prisoner
• Legal, social, medical and psychological reports issued by INPE
• Report from the Dirección General de Tratamiento and the Dirección General de Seguridad of
INPE
• Prison report about the inmate’s behaviour (certificado de conducta)
• Employment/educational certificate (Certificado de cómputo laboral y/o educativo)
• Prison record (ficha penológica processed at INPE)
• Applicant’s colour picture
• Certified copy of the judicial resolution that proves payment of the fine and civil reparation has
been met.
• Address and telephone number of a NoK in the UK.
How long will I have to serve sentence once in the UK?
The sentence to be served in the UK is agreed between the British and the Peruvian governments. The
applicant will then be asked to give his/her consent.
19Please bear in mind that you will have to give your consent before the transfer is complete. You will see
all the information before you give your agreement to it and can pull out of the transfer whenever you
wish.
What are the procedures for release and deportation?
The British Embassy will try to help you resettle. We understand that even though recovering your
freedom of movement fully or partially is something to celebrate, it may also be distressing if you have
not made the necessary arrangements for your release/parole. Your lifestyle will change dramatically
again, that is why it is important to prepare for release/parole. We strongly advise you to:
• Find suitable accommodation before you leave prison. If you have not identified a place to stay,
you can ask the Consular Officer to help you find a shelter during the prison visits prior to your
release.
• Make contact with your next of kin and advise them you will very likely need their assistance with
immediate effect
• Arrange funds to be available for you
• Practise Spanish, as you will need it during your stay in Peru
• Recover your British passport or obtain a new one
If you wish, you can come to the Embassy Consular Section to make urgent calls to your next of kin free
of charge. You will also be allowed to use the internet facilities at the Embassy Information Centre free
of charge. At the Embassy you can request the Prisoners Abroad resettlement forms, newspapers,
magazines and correspondence. We will provide you with them, if available. There is water for consular
customers and a bathroom. There is also an interview room where you will be able to have a private
conversation with a Consular Officer, if you wish. We can also provide you with information on how to
obtain a permit to work legally in Peru during your parole/probation.
The Embassy will not provide you with accommodation, funds, food or clothes. Likewise, Prisoners
Abroad will stop sending you funds as soon as you are out of prison. The vitamins supply as well as the
PA medical funds, if any, will also stop with immediate effect. Please make all the necessary
arrangements for your stay in Peru before you leave the prison. That will allow you to enjoy your freedom
fully and let us help you.
The Embassy has regular contact with three homes for foreign prisoners on parole, whose details are as
follows:
Salvation Army Shelter
Cuerpo el Callao - Hogar de Hombres
Contact person: Teófilo Zapata
Address: Jr. Colón 138-142, Callao
Tel: 429-3128
Email: cuerpocallao@hotmail.com.
20Casa de Refugio La Esperanza - Hogar del Migrante
Address: Cahuide 450, La Perla, Callao
Tel: 00 511 4691227
BETCAR
Address: MZ P1-LOTE 27, Ciudad del Pescador, Bellavista, Callao
You may want to contact them beforehand. Please bear in mind that the homes have strict conduct rules
you will have to comply with if you decide to stay there. Your stay may be limited and you will have to
pay for your own food. At present, the application fee at the Casa de Refugio La Esperanza is S/20 and
the daily accommodation fee including lunch and dinner is also S/20. In BETCAR you need to pay S/200
on a monthly basis to cover your living expenses.
In the Salvation Army shelter, the daily accommodation fee is S/. 4.5 and does not include meals.
The Ombudsman Office Programme for Prisoners and the organisations that may have supported you
during your stay in prison will almost certainly not be able to continue supporting you once you are
released. If you are hospitalised, please let us know and we will visit you at your request. If you are
planning to stay in Peru, we advise you to read our Travel Advice on Peru, which can be found online at
https://www.gov.uk/foreign-travel-advice/peru
The Peruvian authorities may return to you some of the belongings held during your arrest as well as
your personal documents. However, that is unlikely. You need to make your belongings´ return request
through a lawyer. We will inform the FCO about your release and any intention you may have to leave
the country. They may advise the corresponding authorities in the UK about it.
Prisoners Abroad Resettlement Service
Prisoners Abroad offer a resettlement service to those British prisoners returning to the UK from
overseas. They offer services which include advice and assistance with finding emergency
accommodation; emergency grants (dependent on circumstances); advice on welfare benefits; referrals
to specialist agencies, if necessary, for example for those ex prisoners with medical or drug problems;
an opportunity for returning prisoners to talk through their experiences or worries; a temporary luggage
storage, use of a computer and a shower facility for returning prisoners.
Prisoners Abroad can only offer you a resettlement service if you have been in contact with them before
you arrive back in the UK. Prisoners Abroad cannot assist a returning prisoner who only contacts them
once back in the UK. You will not be able to access Prisoners Abroad's services if you have not signed
the authorisation form and made contact with them before you leave. A copy of the form is enclosed with
this pack or you can ask for a copy from us.
TRANSFER OF FUNDS FROM ABROAD
Once you are out of prison you will stop receiving funds from Prisoners Abroad and you will probably not
be able to work immediately. Therefore, you will need to find a source of funds.
21Your next of kin can send you funds through the FCDO or through Western Union. If they choose the
FCDO option, you will be able to collect your funds at the Embassy. A fee does apply for this service.
Family and friends can contact the FCDO for further information.
If they choose the Western Union option, you will need proof of identity to collect the funds. If you do not
have any ID yet, we will provide you with a letter that should allow you to collect your funds at WU.
There are many Western Union offices in Lima as well as other places to arrange money transfers.
Please find below the details of the nearest WU agency to the Embassy (Miraflores) and of the
headquarters (San Isidro), which opens on Sundays.
Office Location Tel Working hours
Miraflores Av Larco 826, Miraflores 241 1220 Mon-Fri: 8.30am-8.30pm
Saturdays: 9.00am-7.00pm
San Isidro Av Petit Thouars 3595, 422 0014 Mon-Sat: 8.30am-12.00am
San Isidro Sundays: 9.00am-7.00pm
Additional Information
Penitentiary Benefits
Exit Permit
When can I apply for the exit permit?
You can apply for this benefit in the following cases:
• Serious illness – duly proven – of the spouse, parents, children or siblings
• Death of spouse or partner, parents, children or siblings
• Child birth
• Personal paperwork
• Paperwork to obtain a job and accommodation near the release date
Am I eligible to apply?
Any processed or sentenced prisoner can apply for an exit permit.
How long will I be allowed out of prison for?
The exit permit can be granted for a maximum of 72 hours.
Who grants this permit?
The Prison Director grants the exit permit.
How do I apply?
The procedure is as follows:
22• The prisoner submits an exit permit application to the Prison Director
• The Social Assistance Service prepares a social report about the prisoner
• The Prison Director makes a decision. The director will consider the prisoner social report,
background and other personal circumstances.
• The exit permit authorisation, if granted, is notified to the Public Ministry and the Judge in charge of
the case.
What can I do if my exit permit application is declined?
If your application is declined, you can submit an appeal within one working day. The Director should
decide on your reconsideration/appeal within one day.
Conjugal Visits
Can I apply?
Any processed or sentenced prisoner who is married or has a partner (permanent effective relationship)
can apply.
Who grants this permit?
The prison director grants this permit.
Where does the conjugal visit take place?
The visit takes place in a private area within the prison. When the inmate is a woman the room is called
“adonisterio”. When the inmate is a man the room is called “venusterio”.
What are the requirements for this benefit?
The requirements are:
• Application submitted to the prison director stating your partner identity details
• Simple copy of the marriage certificate or any other document that proves the partnership condition
• Medical report that proves the inmate does not have any sexually transmitted disease (STD)
• Recent medical report issued by the Medical Section stating that the inmate or his/her spouse/partner
does not have a STD.
New Benefits Law
A new benefits law for foreign detainees No. 30219 was published in El Peruano on 8 July 2014.
This law allows foreign prisoners who meet certain requirements to apply for expulsion from the prison
before meeting their full sentence.
Detainees eligible for the law must have been sentenced for the first time in Peru, sentenced for no more
than 7 years and have met 1/3 of their sentence. Detainees can apply for the benefit shortly before
meeting a third of their sentence.
Detainees can apply for the benefit directly with the Prison Director.
23The Director will request a letter from the Embassy guaranteeing the detainee will be able to pay for
his/her air ticket and will have a place to live once back in the UK. Therefore, we will need those letters
of guarantee from your family. You will need to ask your family to contact the FCDO and provide them
with a letter stating they will cover the costs of your airfare and any passport needed for your return upon
your release under this benefit, and that they will provide you with accommodation (full address and
phone number needed) once in the UK. Please note that the Judge may ask for your relatives’ letters to
be legalised in the UK and translated into Spanish officially. They may also request proof of funds for
your air ticket, ie. bank transfer of funds showing amount. This is at the discretion of the Judge and not
all judges apply the same criteria.
Another important requirement to apply for this benefit is the payment of the fine (reparación civil) or the
fine waiver. If you wish to apply for your fine waiver under this Law, please let us know, so we can send
you the letter you would need to sign. Only the Court can waive your fine, so it is at the discretion of the
Judge. Most judges have been reluctant to waive this fine, as they argue that if detainees’ relatives can
pay the detainees’ air tickets back home, then they should be able to pay for their fines, too.
If you have applied/will apply for transfer or parole, you can still apply for this benefit. Just note please
that if your fine has been waived originally for the transfer, the Judge may decline your benefit application
on the basis that you are using a fine waiver for transfer to apply for another scheme (benefit).
If you are interested in applying for this law, please advise the Consular Officers, as they may be able to
provide you with updated guidance and information on it.
Volunteer Workers
The British Embassy in Lima works with a network of volunteer workers who visit British prisoners in
some prisons on a regular basis. They can take messages on our behalf to you and vice versa. Most of
them are fluent in English. If you are interested in contacting one of them, please let us know.
Plea Bargaining
We understand the ‘plea bargaining’ exists in Peru, meaning the authorities may give you a lesser
sentence if you provide them with information they may find useful to detain more people. This is
completely up to the authorities and the Consular Staff cannot provide you with any advice on it. If you
are interested in it and it applies to your case, please ask your lawyer or the authorities about it.
Prison details
If you or your family wish to have the prisons´ contact details, please take note:
• Prison of Ancon I (Piedras Gordas )
Address: Panamericana Norte Km. 42, Ancón.
Tel: not available
24You can also read
