Information Pack for British Prisoners in Bolivia
AuthorBritish Embassy La Paz
DateJune 2015
Contents
Introduction
Who can help?
About the Embassy
Who are the Consular Representatives?
Contact Information
First Steps
Who will know I have been detained?
What will my family be told?
What will the Consulate do?
Would I have a criminal record in the UK?
Visits
How do my family and friends arrange a visit?
How many visits am I allowed?
Consular visits
What can visitors bring?
Prison conditions/services
Arrival at police station
Arrival at prison
General prison conditions
How can I receive money?
Can I work or study in prison?
Can I receive medical and dental treatment?
Food and Diet
Mail/Parcels
Can I make telephone calls?
Leisure and entertainment
Drugs
How can I make a complaint about mistreatment?
The Bolivian Judicial System
Is the system the same as the UK?...... 8
What should happen when I am arrested?
For how long can I be remanded in custody?
What happens when I am charged?
What provision is there for bail?
What kind of legal assistance is available
What happens at the trial?
Sentences
How can appeals be made?
What provision is there for reduction of sentence (remission) e.g. for good behaviour?
What provision is there for early release e.g. on parole?
What provision is there for clemency or pardon?
What about any financial penalties?
Is transfer to another prison within Bolivia possible?
Is transfer to the UK a possibility?
What are the procedures for release and deportation?
Additional Information
EG: Volunteer Workers
EG: Plea Bargaining
Prisoners Abroad
Glossary of Terms
Useful legal terms
Key phrases – English into Spanish
Annexes
Disclaimer
Introduction
Who can we help?
The Foreign and Commonwealth Office (FCO):
The FCO 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 or 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?
Your point of contact at the British Embassy in La Paz is Ms Jill Benton and you may contact her at .
Contact Information
British Embassy La Paz
Av. Arce No. 2732
La Paz, Bolivia
Tel: 591 2 2433424
Fax: 591 2 2431073
Working hours: Monday to Thursday 08:30-12:30 and 13:30 to 17:00, Friday 08:30 to 13:30 (Local time)
First Steps
Who will know I have been detained?
The consulate would normally be notified of your arrest by local authorities. Please be advised that the Bolivian authorities do not always advise the Embassy of arrests with immediate effect so you should ask them to see a Consular Officer as soon as possible. We can also learn of your arrest from family or friends and on occasions through the local media.
What will my family be told?
We respect your confidentiality and we will tell no one (including your family) unless you authorise us to. If you agree, we can inform your family about your detention and the circumstances. We can provide your family with relevant information about the legal system in Bolivia, and information on how to contact you and transfers funds. We will provide contact information for the FCO and the Embassy as well as for related organisations such as Prisoners Abroad.If your family wish to visit you while you are in prison we can help with some arrangements.
What will the Consulate do?
We aim to contact you within 24 hours of the notification of the arrest and visit you as soon as possible.
We will provide a list of lawyers; give advice on local procedures; liaise with local authorities to flag any medical needs and notify next-of-kin if so desired.
Once you are transferred to a prison, we will visit you once every three months, unless there are reasons to visit you more frequently.
We can answer questions about your welfare and about prison regulations. We cannot answer questions about legal matters. You should ask your lawyer these questions.
Would I have a criminal record in the UK?
You should be aware that if you are arrested for certain serious offences, such as sexual assault or drugs crimes, our staff must inform other relevant UK authorities. The information about the criminal offence will be sent to ACPO Criminal Records office in the UK. It is therefore possible that information about this offence may appear if a criminal records check were carried out by a prospective employer for example.
Visits
How do my family and friends arrange a visit?
It is important that your family contact us in advance so that we can inform the prison authorities and request additional visits. Consular officers may be able to accompany your family during their first visit to the prison. Visitors should hold a valid photo ID to present to the prison authorities on arrival.
How many visits am I allowed?
This depends on the prison. Most prisons have set visiting days and times and this is usually twice a week.
When family members come from the UK for visits consular staff will try to arrange extra visit days. Any additional visits are at the discretion of the prison governor.
Consular visits
We will visit you every three months. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. At each Consular visit, our staff will complete a "Visit Report Form". If there is any information that you would prefer not to disclose with your next of kin you should let us know during the visit.
What can visitors bring?
Permitted items vary from one prison to another. Most prisons allow visitors to bring food, comforts, money and toiletries for inmates. Your family should ask for the latest list of permitted items before purchasing items.
Prison conditions/services
Arrival at police station
Following an arrest detainees are usually taken into police custody for a period of 48 hours (in application of Article 97 of Law 1008). However, this period can actually range from a few hours to one or two weeks. A detainee on remand must be conducted to the competent authority or court within 24 hours.
Arrival at prison
Any belongings that are not part of the investigation process or evidence should be returned to you. It is not unusual for some belongings to go missing after an arrest or during prison transfers.
The British Embassy cannot store your personal belongings on your behalf. The only property we can keep for you is your passport and driver’s licence however these are usually retained at the courts until the end of your sentence.Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. This measure is taken by the courts to prevent you from skipping bail.
General prison conditions
Bolivian prison conditions are very poorcompared to UK prison standards. You should not expect the same level of sanitary conditions and comforts.Prisons in Bolivia are overcrowded and prison cells/rooms are not always available. You may be expected to pay to use a cell/room.
There are two male prisons in La Paz. One is located in the downtown area of the city called Penitenciaría de San Pedro or Panóptico Nacional, and the second is located near the town of Viacha (about 75 kms from La Paz), and is called San Pedro de Chonchocoro.
San Pedro Prison: This is an adobe-walled (mud bricks) structure built in the 1890s to house approximately 600 inmates. There are now about 2000 inmates. There are no cells within the prison and the prisoners are assigned to rooms. Although supposedly forbidden by prison officials, most of the time inmates have to pay and purchase a better room. Prisoners can also make improvements to the rooms but must finance all improvements.
Food (usually a stew with very little meat) is prepared for all the prisoners in the prison kitchen. Because of the low quality and the lack of sanitary conditions, most foreigners prepare their own meals or have it brought from some restaurant outside the prison, or eat at a restaurant or snack bar concessions located within the prison. Anything other than the “officially” supplied food must be paid for with personal funds.
Visitors can talk to prisoners any day of the week but are separated by an iron fence. The official visiting days are Thursday and Sunday, from 10:00 a.m. to 5:00 p.m. and relatives and friends are permitted free access inside the prison and the prisoner’s rooms. Visitors are searched when they enter the prison. Prison officials may read post sent to prisoners before it is delivered to the addressee. Attorneys for the prisoners are allowed to visit with their clients all the time (this applies to all prisons).
While prisoners are supposedly required to perform some kind of work, it is possible to avoid work, sometimes by making small payments.
Recreational facilities within the prison are sparse: a pool table, table tennis, and half-size courts for basketball, volleyball, racquetball and soccer. The courts for many of these games are makeshift. A number of prisoners have small libraries and these books are passed around.
San Pedro de Chonchocoro: San Pedro de Chonchocoro prison is totally different from the San Pedro prison. It houses approximately 300 inmates who are usually serving time awaiting trial. It is so-called maximum-security prison, most prisoners are held in connection with narcotics related activities. The prison has a small chapel, a library, and prisoners are required to perform some type of manual activity. Prisoners remain in individual cells at night and are allowed to walk in a large patio during the day. Visitors are allowed on Saturdays only.
Cárcel de Mujeres: The women’s prison in La Paz, called Centro de Orientación Femenina or Cárcel de Mujeres, is more modern than the men’s prison, but still crowded. It houses approximately 255 prisoners. Within the prison you still find a large inner courtyard, a small library, a dining area, and sewing area. An outer courtyard is used for visiting days, when the prisoners may be visited by their relatives. During other days relatives are generally not allowed to talk with the prisoners, and are not allowed in to the prisoners’ room. About ten women are housed in large rooms, dormitory style. While food is supplied by the administration, many of the women get food from restaurants outside the prison or prepare their own meals to supplement their diet.
Carcel de Mujeres Miraflores: This is a high security system prison in La Paz, although the building was not planned to be one. Located on the corner of Argentina Av. and Francisco de Miranda St., it’s supposedly to house 40 inmates but at the moment there are more than 80. All the basic services are covered, even though they are restricted somehow. There are four bathrooms; one for each block, one is only used by sick internees. Internees are allowed to use the only phone, calls can be restricted. There’s only one TV set per room. Internees are allowed to use only battery radios if they get the respective permission. As some internees are mothers of little children, they are allowed to live with them presenting the respective ID and a birth certificate. Internees are allowed to use sharps with a permission. Visits are allowed on Thursdays, Sundays and/or holidays. Anyone can ask for an interview with an internee any day for an hour, previously asking for permission. Workers and volunteers that have a credential can get into the prison on approved days and hours.
Palmasola Prison in Santa Cruz: Palmasola is the biggest prison in the country, it houses around 4000 inmates but it was build to house only 600. It consists of several blocks: one for female prisoners, one maximum-security block, one for inmates with infectious diseases, one for high-profile prisoners and 2 blocks to house the rest of the male inmates.
Palmasola conditions are worse than in La Paz, the warm climate and humidity affect sanitary conditions.
Inmates are expected to pay for a room or cell, .
Visitors are allowed in Palmasola on Thursday, Saturday and Sunday.
San Sebastián Prison in Cochabamba: An adobe block (mud bricks) building built decades ago. While small in size, it does not differ substantially from the prisons in La Paz. However, the climate is warmer than in La Paz.
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 through the Foreign and Commonwealth Office.
Prisoners Abroad: If your family can’t support you financially 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 held on your behalf by our Embassy. Our Consular staff will hand your funds to you in their visit.
Please note that the Embassy/Consulate does not provide financial support to British Nationals in prison abroad.
Can I work or study in prison?
Most prisons have workshops (handcrafts, carpentry, bakery, etc.); prisoners who participate in these workshops can sell their products and receive an income. There may also be opportunities within the prison for you to start a business and work independently offering services/products to other inmates.
Can I receive medical and dental treatment?
If you need medical or dental treatment you should ask to see the prison doctor or dentist. Prison doctors can only provide basic attention and treatment.
If you need to see a specialist, the prison’s forensic doctor should issue a report requesting external medical attention. Your lawyer can help taking this request to the judge, who will decide if to approve or refuse the request.
Not all medical services are available in the prison hospital and if sent externally you may be asked to cover some medical costs. If you are taken to an external hospital, a police escort will be assigned to you, you may need to use handcuffs or other type of restraints.
Food and Diet
Food provided in prison is basic. Usually consisting of potatoes, rice or noodles with a small portion of protein, usually beef stew or chicken and vegetables. Other food is available for sale inside the prison and inmates run snack shops where you can buy other types of food and beverages.
Mail/Parcels
You can receive letters and parcels from your family through the Embassy. Letters and parcels sent to the Embassy are opened before they are given to prisoners to check for prohibited items. Consular officers will not read the contents.
Please bear in mind that parcels sent to Bolivia can be subject to customs inspections and the Embassy cannot claim any parcel retained in customs nor clear any customs fees on your behalf.
If you would like your family in the UK or elsewhere to email you, then please let them know that they may do so via our central email box: . Please ask them to entitle their email with your full name together with the prison where you are detained. Messages from prisoners to their family and friends can only be sent if they can provide the Embassy/Consulate with an email address. The messages will be forwarded to the families in 20 working days. Please be aware that the Embassy will not forward letters from prisoners by post.
Can I make telephone calls?
According to Bolivian law, inmates are not allowed to ownmobile phones, however, some prisons have public pay phones which you can use to make and receive calls.