Information Pack for British Prisoners in Lima

Author British Embassy LimaDate September 2018

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Contents INTRODUCTION...................................................................................................................4

Who can help?....................................................................................................................4About the Embassy.............................................................................................................4Who are the Consular Representatives?............................................................................4Contact Information............................................................................................................5

FIRST STEPS....................................................................................................................6Who will know I have been detained?................................................................................6What will my family be told?...............................................................................................6What will the Consulate do?...............................................................................................6Would I have a criminal record in the UK?.........................................................................7

VISITS................................................................................................................................7How do my family and friends arrange a visit?...................................................................7How many visits am I allowed?..........................................................................................7Consular visits....................................................................................................................7What can visitors bring?.....................................................................................................8

PRISON CONDITIONS/SERVICES...................................................................................8Arrival at police station........................................................................................................8Arrival at prison...................................................................................................................9General prison conditions.................................................................................................10How can I receive money?...............................................................................................10

Can I work or study in prison?..........................................................................................12Can I receive medical and dental treatment?...................................................................12Food and Diet...................................................................................................................12Mail/Parcels......................................................................................................................12Can I make telephone calls?............................................................................................13Leisure and entertainment................................................................................................13

Drugs 13 How can I make a complaint about mistreatment?...........................................................13

THE PERUVIAN JUIDICIAL SYSTEM............................................................................14Is the system the same as the UK? 14

What should happen when I am arrested? 14For how long can I be remanded in custody?...................................................................16What provision is there for bail?.......................................................................................17What kind of legal assistance is available?......................................................................17What happens at the trial?................................................................................................18Sentences.........................................................................................................................18How can appeals be made?.............................................................................................18What provision is there for reduction of sentence (remission) e.g. for good behaviour?. 18What provisions are there for early release e.g. on parole?.............................................18What provision is there for clemency or pardon?.............................................................18

How do I submit a clemency plea? 19What about any financial penalties?.................................................................................19Is transfer to another prison within Peru possible?...........................................................19

Is transfer to the UK a possibility? 19

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How long will I have to serve sentence once in the UK? 20What are the procedures for release and deportation?.......... …………………………. 20

Additional Information...........................................................................................................22Penitentiary Benefits.........................................................................................................23New Benefits Law (passed in 2014)………………………………………………………..…24 Volunteer Workers............................................................................................................25Plea Bargaining 25Prison details....................................................................................................................25

PRISONERS ABROAD.......................................................................................................27Glossary of Terms including Useful Legal Terms……………………………………………. 28ENGLISH – SPANISH..........................................................................................................28SPANISH- ENGLISH...........................................................................................................32Key Phrases - English into Spanish 37Annexes...............................................................................................................................51

ANNEX 1: List of English-Speaking Lawyers...................................................................51ANNEX 2: List of Private Translators/Interpreters............................................................58

ANNEX 3: Consent to Disclose my Details ………………………………………….61 ANNEX 4: Notification of Detention………………………………………..…………………62

ANNEX 5: Expulsion Order Guide.................................................................................. 63 ANNEX 6: Transfers route Peru - UK……………………………………………..………….66 ANNEX 7: New Benefit Law Information Letter……………………………………………...68 DISCLAIMER……………………………………………………………………………………69

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IntroductionWho can 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 EmbassyWe 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?

British Embassy in Lima

Fabiola Aguilar Vice Consul Email: fabiola.aguilar@fco.gov.uk

Cynthia Carbajal Pro ConsulEmail: cynthia.carbajal@fco.gov.uk

Claudia de Olazabal Pro ConsulEmail: claudia.deolazabal@fco.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.

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Contact Information

British Embassy LimaConsular SectionTorre Parque MarAv. Larco 1301, Floor 23MirafloresLima 18

Tel: (0051 1) 617 3000Website: www.gov.uk/world/peruE-mail: peru.consulate@fco.gov.uk

Working hours:Monday to Thursday: From 08.00 am to 17.00 pmFriday: From 08:00 am to 13.00 pm

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First 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 and Commonwealth 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 Receive and deliver correspondence sent to you, but not parcels

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(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 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

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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 theprison as well.

The Embassy will not be able to keep your belongings, except foryour 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

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.

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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 INPE3. 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 and 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.

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.

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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. But 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 and Commonwealth Office. A fee does apply for this service. Family and friends can contact the FCO for further information.

These are the options how they can do it:

1) ELECTRONIC BANK TRANSFERS: Contact your bank to arrange. A “BACS” transfer usually takes 3-5 working days to clear in our account. Some banks do not charge for this service. If you have internet or telephone banking you may be able to arrange without visiting your bank.A “CHAPS” transfer is usually received in our account within 12-24 hours. You will normally need to visit your bank to arrange and banks normally charge for this service.

For both the above bank transfers you will need to include the following details:10

Bank: CitibankAcct Name: GBS Re FCO Multivote AccountSort Code: 08-33-00Account Number: 12537125Reference: Name of the person you are sending the funds for, plus country name

eg JOE SMITH – THAILAND

You may also need our bank address which is: Canary Wharf, London E14 5LB.

2) BY POST Payments by Postal Order, Bankers Draft or Building Society cheque should be crossed and make payable to “The Foreign and Commonwealth Office”. They should be sent to:

Accounts ReceivableForeign and Commonwealth OfficeCorporate Service CentrePO Box 6108Milton KeynesMK10 1PX

We recommend that you use Recorded or Special Delivery.Please ensure that you include a note briefly explaining who the money is for and why. (Alternatively you may use the payment slip on next page.)

If you would like a receipt, please include a stamped addressed envelope.

3) Please note that personal cheques can take up to 15 working days to process and clear before we can advance funds. We do not accept Card payments, or cash sent in the post. If you wish to pay by cash, you can take the money to our offices at Northgate House, Milton Keynes but will need to telephone first to make an appointment.

To: Foreign and Commonwealth Office

Date:

Please find enclosed funds for:

Full Name:

Country/place the above is in:

Amount enclosed:

Fee to be deducted:

Payment method:

My name is:

My address is:

Prisoners 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.

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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).

Mail/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

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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 purpose, 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

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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 SystemThe 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.

The 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.

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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 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.

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

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.

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Palace. The Justice Palace is in the Centre of Lima and the cells are ruled by INPE6. 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.

For 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.

6 Instituto Nacional Penitenciario. INPE is the Peruvian Penitentiary Institute and is part of the Ministry of Justice.16

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 with 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.

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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.

What 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

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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 agreement 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

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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.

Please 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

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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 ShelterCuerpo el Callao - Hogar de HombresContact person: Teófilo ZapataAddress: Jr. Colón 138-142, CallaoTel: 429-3128Email: cuerpocallao@hotmail.com.

Casa de Refugio La Esperanza - Hogar del MigranteAddress: Cahuide 450, La Perla, CallaoTel: 00 511 4691227

BETCARAddress: 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

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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.

Your next of kin can send you funds through the FCO or through Western Union. If they choose the FCO 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 FCO 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 hoursMiraflores Av Larco 826, Miraflores 241 1220 Mon-Fri: 8.30am-8.30pm

Saturdays: 9.00am-7.00pmSan Isidro Av Petit Thouars 3595,

San Isidro422 0014 Mon-Sat: 8.30am-12.00am

Sundays: 9.00am-7.00pm

Additional Information

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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: 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?

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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.

The 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 FCO 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

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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

Prison of Ancon 2 (Piedras Gordas 2)Address: Panamericana Norte Km. 42, Ancón.Tel: not available

Prison of CallaoAddress: Prolongación Centenario s/n, CallaoTel: 00511 453-2112

Prison of Chorrillos (Anexo)Address: Av. Defensores del Morro (ex Huaylas) cdra.10, ChorrillosTel: 0051 251 3541

Prison Virgen de Fatima Address: Ex Cuartel Tarapaca - Av Caminos del Inca 215 (ex Av Defensores del Morro) Asentamiento Humano Buenos Aires de Villa, ChorrillosTel: 0051 00511 258 4298

Prison of LuriganchoAddress: Av. El Sol s/n, San Juan de LuriganchoTel: 00511 387-5409 / 387-5410

Prison of Castro CastroAddress: Av. Santa Rosa S/N, San Juan de LuriganchoTel: 00511 388 7115

Prison of QuencoroAddress: Av. La Cultura Km 5.5 San Jeronimo, Cusco

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Tel: 0051 084 270153

For other prisons’ contact details, please ask the prison officers or the Embassy.

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether

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guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

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

your rights as a prisoner and issues that may affect you such as health or transfer to the UK obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter writing to a pen pal learning the language of your country of imprisonment translation of documents grants for food if you are in a developing country and don’t have funds from other sources grants for essential medicines and toiletries if you don’t have funds from other sources preparing for release help for your loved ones, including information, family support groups and assistance with the cost

of visiting

Contact Information

Prisoners Abroad89-93 Fonthill RoadLondon N4 3JHUK

Telephone: 00 44 (0) 207 561 6820 or, for your relatives in the UK, freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time)Email: info@prisonersabroad.org.ukWebsite: www.prisonersabroad.org.uk

Glossary of Terms including Useful Legal Terms

ENGLISH – SPANISH

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Aaccess to file acceso al expedienteaccomplice cómpliceact ley / actoaction acciónalone solo/aanswers respuestasappeal apelar / apelaciónarbitrary detention detención arbitrariaarrest detenciónarrest warrant orden de arresto/orden de detenciónAttorney General Fiscal de la Naciónauthority autoridadawaiting trial juicio pendiente

Bbail fianzabelongings pertenenciasblood sangrebooks librosbread panBritish citizen ciudadano británico

Ccell celdacharges cargoschicken polloCivil Law derecho civilclemency plea alegación de indultoclothes and shoes vestido y calzado/ropa y zapatosCommonwealth citizen ciudadano de la Mancomunidad Británicacomplaint quejaconsent consentimientoConsul Cónsulconvicted convicto / sentenciadoCourt-appointed counsel abogado de oficiocrime crimenCriminal Law Derecho Penal

Ddeath penalty pena capital / pena de muertedebts and payments deudas y pagosdental treatment tratamiento dentaldeportation deportacióndestination destinodetainee detenido

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discrimination discriminaciónDoctors / Medical Panel panel de doctores/panel médicodrug smuggling tráfico ilícito de drogas

EEmbassy staff personal de la Embajadaemergency emergenciaextradition extradición

Ffamily visits visitas de familiaresfees honorarios / tarifafelony delitofine multafish pescadofood comidaforeigner extranjeroforgery falsificaciónform formulariofriend amigo/afruit frutafunds fondos

Ggood behaviour buen comportamientoguidance guía

Hhealth saludhuman rights derechos humanoshunger strike huelga de hambre

Iill-treatment maltratoimprisoned en prisión / encarceladoI need to make a call Necesito hacer una llamada telefónicaI need to see a doctor Necesito ver a un doctorinformation informacióninmate internoinstructions instrucciones

Jjail cárceljob trabajojudge juez

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judicial judicialjurisdiction jurisdicciónjustice justicia

LLaw Ley / DerechoLaw enforcement ejercicio de la leylawless ilegallawyer / attorney abogadolegal advisor asesor legallegal system sistema legallife imprisonment/sentence cadena perpetualiving conditions condiciones de vida

Mmagazines revistasmail / post correoman hombremeat carnemedical services servicios médicosmental illness enfermedad mentalmilk lechemoney dinero

NNational Penitentiary Institute INPEneeds necesidades

Ooffence delito

Pparole libertad condicional parole for work semilibertadand study purposespassport pasaportepenitentiary legislation legislación penitenciariapenitentiary system sistema penitenciarioPeruvian authorities autoridades peruanasPolice Officer Policíaprison prisión / establecimiento penitenciarioprison director director de la prisiónprison record hoja penalógicaPrison Transfer Agreement Convenio de Transferencia de Presosprisoner preso

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protection protecciónpsychiatric treatment tratamiento psiquiátricopunishment castigo

Qquestions preguntas

Rreading material material de lecturareference referenciaregulations normasrehabilitation rehabilitaciónrelease liberar / liberaciónreligion and believes religión y creenciasretention of passport retención del pasaporteriot motín

Ssalad ensaladasalt salsecurity seguridadsentence sentencia/sentenciarsexual assault/rape asalto sexual / violaciónstomach estómago

Ttelephone teléfonotoiletries utensilios de bañotorture torturatravel document documento de viajetreatment tratotrial juicio

Uunderstand entenderunfair trial juicio injustounlawful possession posesión ilegal

Vvegeterian vegetariano/aVice Consul Vicecónsulvisit hours horario de visitasvisitor visitante

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Wwater aguawoman mujerwork trabajarwritten notification notificación escrita

SPANISH- ENGLISH

Aabogado Lawyer / attorneyabogado de oficio Court-appointed counselacceso al expediente access to fileacción actionagua wateralegación de indulto clemency pleaamigo/a friendapelar / apelación appealasalto sexual/violación sexual assault / rapeasesor legal legal advisorautoridad authorityautoridades peruanas Peruvian authorities `

Bbuen comportamiento good behaviour

Ccadena perpetua life imprisonment / sentencecárcel jailcargos chargescarne meatcastigo punishmentcelda cellciudadano británico British citizenciudadano de la Mancomunidad Commonwealth citizenBritánica comida foodcómplice accomplicecondiciones de vida living conditionsconsentimiento consentCónsul ConsulConvenio de Transferencia de Presos Prison Transfer Agreementconvicto convictedcorreo mail / post

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crimen crime / felony

Ddejar en libertad to releasedelito felony / offencedeportación deportationDerecho LawDerecho Civil Civil LawDerecho Penal Criminal Lawderechos humanos human rightsdestino destinationdetención arrestdetención arbitraria arbitrary detentiondetenido detaineedeudas y pagos debts and paymentsdinero moneydirector de la prisión prison director discriminación discriminationdocumento de viaje travel document

Eejercicio de la ley Law enforcementemergencia emergencyenfermedad mental mental illnessen prisión / encarcelado imprisonedensalada saladentender understandestómago stomachevacuación evacuationextradición extraditionextranjero foreigner

Ffalsificación forgeryfianza bailFiscal de la Nación Attorney Generalfondos fundsformulario formfruta fruit

Gguía guidance

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hoja penalógica prison recordhombre manhorario de visitas visit hourshuelga de hambre hunger strike

Iilegal lawlessinformación informationINPE National Penitentiary Instituteinstrucciones instructionsinterno inmate

Jjudicial judicialjuez judgejuicio trialjuicio injusto unfair trialjuicio pendiente awaiting trialjurisdicción jurisdictionjusticia justice

Lleche milklegislación penitenciaria penitentiary legislationLey Act / Lawliberar / liberación to release / releaselibertad condicional parolelibros books

Mmaltrato ill-treatmentmaterial de lectura reading materialmotín riotmujer womanmulta fine

Nnecesidades needsnecesito hacer una llamada I need to make a phone call telefónicanecesito ver a un doctor I need to see a doctornormas regulationsnotificación escrita written notification

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orden de arresto/orden de detención arrest warrant

Ppan breadPanel de Doctores / Panel Médico Doctors / Medical Panelpasaporte passportpena capital / pena de muerte death penaltypersonal de la Embajada Embassy staffpertenencias belongingspescado fishpolicía Police Officerpollo chickenposesión ilegal unlawful possessionpreguntas questionspreso prisonerprisión/establecimiento penitenciario prisonprotección protection

Qqueja complaint

Rreferencia referencerehabilitación rehabilitationreligión y creencias religion and believesrespuestas answersretención del pasaporte retention of passportrevistas magazines

Ssal saltsalud healthsangre bloodseguridad Securitysemilibertad parole for work and study purposessentencia sentenceservicios médicos medical servicessistema legal legal systemsistema penitenciario penitentiary systemsolo/a alone

Ttarifa feesteléfono telephone

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tortura torturetrabajar worktrabajo jobtráfico ilícito de drogas drug smugglingtratamiento dental dental treatmenttratamiento psiquiátrico psychiatric treatmenttrato treatment

Uúnico uniqueutensilios de baño toiletries

Vvestido y calzado / ropa y zapatos clothes and shoesVice Cónsul Vice Consulvisitante visitorvisitas de familiares family visitsvegetariano/a vegetarian

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Key Phrases English into Spanish

The phrases below are intended to help anyone with little or no knowledge of the Spanish language communicate at a basic level within the prison environment. Most prisons do run Spanish language lessons for foreign national prisoners and Prisoners Abroad has a limited supply of Spanish/English dictionaries which we may be able to send you to help with this.

Some Basics

In Spanish all nouns have a gender, either masculine or feminine (for example, the word for 'house' (casa) is a feminine noun so 'a house'/'the house' is translated as 'una casa'/'la casa'. The word for 'book' (libro) is a masculine noun so 'a book'/'the book' is translated as 'un libro'/'el libro').

The gender of the word will affect adjectives which refer to that word. For example, if you want to say 'the red house' you would say 'la casa roja'. If you wanted to say 'a red book' you would say 'un libro rojo'.

Where appropriate, the gender of each form of the word has been given below: masculine forms of the word are denoted by '(m)', feminine by '(f)'. The plural form of the word (i.e when there is more than one of the object concerned) is denoted by 'pl'. So, 'these houses' would appear as 'estas casas (fpl)' and 'those books' would appear as 'esos libros (mpl)'.

Accents may appear above certain vowels, helping pronunciation by indicating where the stress should be placed in that particular word (e.g. prisión, miércoles, teléfono). In the absence of accents, words ending in either a vowel or …n / …s will have stress placed on the penultimate syllable (e.g. nosotros, transferido, urgente). If the word ends in a consonant other than …n / …s, the last syllable is stressed (e.g. necesitar, enfermedad, espanol)

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PRISONERS ABROADKEY PHRASES - ENGLISH INTO SPANISH

89 – 93 Fonthill RoadFinsbury Park London N4 3JHTel 020 7561 6820 Fax 020 7561 6821info@prisonersabroad.org.uk www.prisonersabroad.org.ukCharity Number 1093710

Basics My name is… Me llamo….

I am… (e.g. I am English) Soy…

The El/La/Los/Las

A Un/Una/Unos/Unas

It Lo/la/le

I/We/Me Yo/Nosotros/me

What/Which Qué/Cuál

Left Izquierda

Right Derecha

Here Aquí

There Ahí

What day does the… ¿Qué día…?

I cannot… No puedo…

VerbsTo have tenerI have yo tengo

you (singular) have tú tienes

he/she has él/ella tiene

we have nosotros/as tenemos

you (plural) have vosotros/as teneis

they have ellos/as tienen

(In Spanish, there are two verbs which translate as ‘to be’: ‘ser’ and ‘estar’. ‘Ser’ is meant to convey something permanent (e.g. ‘I am English’, ‘I am a man’), and ‘estar’ is meant to convey something more temporary like a mood or emotion (e.g. ‘I am ill’, or ‘I am happy’).

To be serI am yo soy

you (singular) are tú eres

he/she is él/ella es

we are nosotros/as somos

you (plural) are ustedes son

they are ellos/as son

To be estarI am estoy

you (singular) are tú estás

he/she is él/ella está

we are nosotros/as estamos

you (plural) are vosotros/as

estais

they are ellos/as están

To want/I want Querer/yo

quiero

To need/I need Necesitar/yo

necesito

To feel/I feel Sentir/yo siento

To have to/I have to Tener que/yo tengo que

To see/I see Ver/yo veo

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To use/I use Usar/yo uso

To speak/I speak Hablar/yo hablo

To write/I write Escribir/yo escribo

To go/I go Ir/yo voy

To be able to Poder/yo puedo

To give Dar/yo doy

Prepositions After Después

Before Antes

During Durante

Since Desde

Until Hasta

In/inside en/dentro

Outside Fuera

At en

From De/desde

On en/encima

Under/below/beneath Debajo

Above Encima

Over por encima de

Beside/next to/by al lado de

Near to cerca de

Through a través

Towards hacia

Behind detrás

Between entre

Opposite en frente

With con

Without sin

Basic communication

Hello Hola

Good afternoon Buenas tardes

Good evening Buenas tardes

Good night Buenas noches

How are you? ¿Cómo estás?

Fine thanks, and you? Bien gracias, ¿y tú?

Excuse me Perdone

See you later Hasta luego

Yes Sí

No No

Please Por favor

Thank you Gracias

I don’t know No sé

Could you repeat that more slowly? ¿Puedes repetir más despacio?

I don’t understand No entiendo

I do not speak …… very well No hablo muy bien ….

I am sorry to bother you but… Siento molestarte pero….

May I borrow your… ¿Me prestas tu…?

39

How can I obtain…? ¿Cómo puedo obtener…?

Is there any mail for me? ¿Hay correo para mí?

How much does this cost? ¿Cuánto cuesta esto?

Do you mind if I open the window? ¿Te importa si abro la ventana?

Do you mind if I smoke? ¿Te importa si fumo?

Could you kindly write that down for me? ¿Podrías escribir eso para mí por favor?

Do you have the correct time? ¿Tienes la hora correcta?

What is your nationality? ¿Cuál es tu nacionalidad?

Useful phrases/vocabulary

The telephone is out of order

I do not have any means to buy…

I would like to order…

This is urgent

May I make an appointment to see…

I need to see my lawyer

Can I have a list of local English-speaking

lawyers?

Who is dealing with my case?

Does the prison have a list of translators?

Can I get bail?

Can you tell me how long I will be held in police custody before I get transferred to a prison?

What must I do to get transferred to another

prison?

Can you tell me how long my sentence is?

Can you tell me the date my sentence

finishes?

Can I move to Mr…..’s cell as he speaks

English?

Can Mr….. move into this cell?

I am very cold, can I have an extra blanket

please?

When is the shop open?

How much money do I have in my account?

What day does the doctor come? What time?

Is there any work that I can do?

I would like to work in the…

Can you show me what I must do?

Could I buy a Spanish/English dictionary?

Can you contact the Consul for me?

I want to make a complaint

Can I have permission for my family to send me….?

As I am not allowed visits, could I have a parcel of clothes sent to the prison?

Are there any items which they are not permitted to send me?

I want to send this letter to…

Why are my letters taking so long to get to my family?

40

El teléfono no funciona

No me puedo permitir comprar…

Me gustaría pedir…

Esto es urgente

¿Podría fijar una cita con…?

Necesito ver a mi abogado

¿Me das una lista de abogados que hablen

ingles?

¿Quién está a cargo de mi caso?

¿Hay una lista de traductores en la prisión?

¿Puedo pedir la libertad bajo fianza?

¿Me podrías decir cuánto tiempo estaré detenido antes de ser transferido a una prisión?

¿Qué debo hacer para ser transferido a otra

prisión?

¿Me podrías decir cuánto tiempo durará mi

sentencia?

¿Me podrías decir la fecha en que mi

sentencia terminará?

¿Me puedo cambiar a la celda del Sr…., ya

que habla inglés?

¿Puede el Sr… cambiarse a esta celda?

¿Tengo mucho frío, me das otra manta por

favor?

¿Cuándo abre la tienda?

¿Cuánto dinero tengo en mi cuenta?

¿Qué día viene el médico? ¿A qué hora?

¿Hay algún trabajo que puedo hacer?

Me gustaría trabajar en el/la….

¿Me puedes enseñar lo qué debo hacer?

¿Podría comprar un diccionario de

ingles/espanol?

¿Puedes contactar el cónsul para mí?

Quiero poner una queja

Me gustaría pedir permiso para que mi familia me

envíe…

Como no tengo permitido ninguna visita, ¿se me podría enviar un paquete de ropa a la prisión?

¿Hay algo que no pueden enviarme?

Quiero enviar esta carta a….

¿Por qué mis cartas tardan tanto en llegar a mi familia?

41

I have not heard from my family and I am worriedabout them

How do I arrange a visit for my family?

Can you confirm that my family has booked a visit for (a specific date)?

May I have an extended visit as I do not get many and my family has to travel a long way?

Could I go to the prison school to learn

Spanish?

Could you give this letter to Mr… cell no…. so he can translate it for me?

No sé nada de mi familia y estoy preocupado/a por ellos.

¿Qué tengo que hacer para arreglar una visita de mi familia?

¿Podrías confirmar qué día ha reservado mi familia para visitarme?

¿Podría pedir una visita más larga ya que no recibo muchas visitas y mi familia tiene que viajar de lejos?

¿Podría ir a las clases de la prisión para aprender

español

¿Podrías darle esta carta al Sr…. celda número … para que la traduzca para mí?

Time/days/numbers

Today Hoy

Tomorrow Mañana

Morning Mañana

Afternoon Tarde

Night Noche

Next week La próxima semana

Next month El próximo mes

Next year El próximo año

Last week La semana pasada

Last month El mes pasado

Last year El año pasado

Weekend Fin de semana

Monday Lunes

Tuesday Martes

Wednesday Miércoles

Thursday Jueves

Friday Viernes

Saturday Sábado

Sunday Domingo

January Enero

February Febrero

March Marzo

April Abril

May Mayo

June Junio

July Julio

August Agosto

September Septiembre

October Octubre

November Noviembre

December Diciembre

Spring Primavera

Summer Verano

Autumn Otoño

Winter Invierno

Christmas Navidad

Easter Semana Santa

New Year Año Nuevo

National Holiday Día festivo

One (first) Uno (primero/a)

42

Two (second) Dos (Segundo/a)

Three (third) Tres (Tercero/a)

Four (fourth) Cuatro (cuarto/a)

Five (fifth) Cinco (quinto/a)

Six (sixth) Seis (sexto/a)

Seven (seventh) Siete (séptimo/a)

Eight (eighth) Ocho (octavo/a)

Nine (ninth) Nueve (noveno/a)

Ten (tenth) Diez (décimo/a)

Eleven (eleventh) Once

(décimoprimero/a)

Twelve (twelfth) Doce

(décimosegundo)

Thirteen (thirteenth) Trece

(décimotercero)

Fourteen (fourteenth) Catorce

(décimocuarto)

Fifteen (fifteenth) Quince

(décimoquinto)

Sixteen (sixteenth) Dieciseis

(décimosexto/a)

Seventeen(seventeenth) Diecisiete (décimoséptimo)

Eighteen (eighteenth) Dieciocho

(décimoctavo)

43

Nineteen (nineteenth) Diecinueve

(décimonoveno/a)

Twenty (twentieth) Veinte (vigésimo/a)

Thirty (thirtieth) Treinta (trigésimo/a)

Forty (fortieth) Cuarenta (cuadragésimo/a)

Fifty (fiftieth) Cincuenta (quincuagésimo/a)

Sixty (sixtieth) Sesenta (sexagésimo/a)

Seventy (seventieth) Setenta (septuagésimo/a)

Eighty (eightieth) Ochenta (Octogésimo/a)

Ninety (ninetieth) Noventa (nonagésimo/a)

Hundred (hundredth) Cien (centésimo)

Thousand Mil (milésimo/a)

What time is it? ¿Qué hora es?

07h00 Seven o’clock in the morning Las siete de la mañana

07h30 Seven thirty in the morning Las siete y media de la mañana

12h00 Midday Las doce del mediodía

13h00 One o’clock in the afternoon La una de la tarde

14h40 Two-forty in the afternoon Las dos y cuarenta de la tarde

19h45 seven-forty-five in the evening Las siete y cuarenta y cinco de la tarde

00h00 midnight Las doce de la noche (medianoche)

General vocabularyCell Celda

Bed Cama

Individual cell Celda individual

Shared cell Celda compartida

Library Biblioteca

Showers Duchas

Toilet Cuarto de baño

Visiting rooms Salas de visita

Garden Jardín

Reception Recepción

Director Director

Assisant Director Ayudante del director

Shopkeeper Tendero/a

Guard/Warder Guardia/Vigilante

StationeryBooks Libros

Pen Bolígrafo

Paper Papel

Letter Carta

Envelope Sobre

Stamp Sello

Telephone Teléfono

ToiletriesSoap Jabón

Shampoo Champú

Toothbrush Cepillo de dientes

Toothpaste Pasta de dientes

Deodorant Desodorante

Tissues Pañuelos de papel

Toilet Paper Papel higiénico

Wash Lavar

Razor Navaja

Shave Afeitar

Towel Toalla

44

Other itemsShop/Canteen Tienda/Cantina

Blanket Manta

Radio Radio

CD/cassette player Lector de CDs/Radio-

cassette

Playing cards Una baraja

Ball Pelota

Battery Pila/Batería

ClothingShirt Camisa

Shorts Pantalones cortos

Shoes Zapatos

Socks Calcetines

Underwear Ropa interior

Trousers Pantalones

T-shirt Camiseta

Trainers Zapatillas de deporte

Jumper/pullover Jersey

Jeans Vaqueros

Vest Camiseta de tiras

Sandals Sandalias

Small Pequeño/a

Medium Mediano/a

Large Grande

Proper NounsBritish Consul Cónsul británico/a

Britain Gran Bretaña

British Británico/a

England Inglaterra

Scotland Escocia

Wales Gales

Northern Ireland Irlanda del Norte

FamilyFriend Amigo/a

Family Familia

Mother Madre

Father Padre

Sister Hermana

Brother Hermano

Husband Marido

Wife Mujer

Partner Pareja

Daughter Hija

Son Hijo

Child Niño/a

Cousin Primo/a

Food/mealsBreakfast Desayuno

Lunch Comida

Dinner Cena

To eat Comer

45

To drink Beber

Knife Cuchillo

Fork Tenedor

Spoon Cuchara

Tray Bandeja

Glass Vaso

Cup/Mug Taza

Plate Plato

Bottle Botella

Coffee Café

Tea Té

Water Agua

Milk Leche

Powdered milk Leche en polvo

Soda Soda

Hot chocolate Chocolate caliente

Fresh fruit Fruta fresca

Apple Manzana

Orange Naranja

Banana Plátano

Pear Pera

Meat Carne

Lamb Cordero

Beef Carne de vaca

Pork Cerdo

Ham Jamón

Bacon Panceta/Beicon

Chicken Pollo

Fish Pescado

Tuna Atún

Cod Bacalao

Sea food Marisco

Vegetables Verduras

Cabbage Repollo

Carrot Zanahoria

Mushroom Champiñón

Spinach Espinaca

Green beans Judías verdes

Peas Guisantes

Potato Patata

Peppers Pimientos

Onion Cebolla

Lettuce Lechuga

Bread Pan

Rice Arroz

Pasta Pasta

Butter Mantequilla

Jam/preserve Mermelada

Eggs Huevos

Cheese Queso

Oil Aceite

Salt Sal

Sugar Azúcar

Yoghurt Yogur

Biscuits Galletas

Cereal Cereales

Chocolate Chocolate

Body/HealthI need to see the Doctor

I require medical assistance for the following

reasons…

It is urgent

I don’t feel very well

I am bleeding

I have a pain in my…

Mild pain

Severe pain

I have a cold/flu

46

I have a sore throat

I have a fever

I am allergic to…

I am having problems breathing

I have a cold

I have an upset stomach

I am constipated

I have diarrhoea

I have spots

I have a rash

I am diabetic

I am epileptic

Necesito ver a un médico

Necesito ayuda médica por las siguientes

razones…

Es urgente

No me siento muy bien

Estoy sangrando

Me duele el/la…

Dolor moderado

Dolor fuerte

Tengo un resfriado/gripe

Me duele la garganta

Tengo fiebre

Soy alérgico a…

Tengo problemas al respirar

Tengo catarro

Me duele el estómago

Estoy estreñido/a

Tengo diarrea

Tengo granos

Tengo un sarpullido

Soy diabético/a

Tengo epilepsia

I have heart problems

I have ear ache

I have a headache

I have cramps

I have problems with my eyes

I need to have my eyes tested

I am pregnant

I have high/low blood pressure

I have high cholesterol

Have you something for…

Do you have a bandage?

Do you have a plaster?

Dental termsI need to see the dentist

I have toothache

I have broken a tooth

Necesito ver al dentista

Me duele la muela

Se me ha roto un diente

47

Tengo problemas del corazón Me duele el oído

Me duele la cabeza

Tengo calambres

Tengo problemas en los ojos

Necesito que me examinen los ojos

Estoy embarazada

Tengo la tensión alta/baja

Tengo el colesterol alto

¿Tienes algo para…?

¿Tienes una venda?

¿Tienes una tirita?

Phrases which may be used by the doctor Where does it hurt?

Do you have a temperature?

Do you have any allergies?

Do you suffer from any other illnesses?

What medication do you take normally?

Are you receiving medical treatment at the

moment? What type?

Since when?

Is this the first time you have had this problem?

Do you have a cold?

What colour is the phlegm?

Are you a drug addict?

How much do you weigh?

Step onto the scales please?

Please lie on the bed

Please take off your shirt

This is a prescription for…

You must take this medication…

…before you go to bed

…three times a day

…in the morning and at night

¿Dónde te duele?

¿Tienes fiebre?

¿Tienes alguna alergia?

¿Tienes alguna otra enfermedad?

¿Tomas algún tipo de medicación?

¿Estás recibiendo tratamiento médico en estos

momentos?

¿De qué tipo?

¿Desde cuándo?

¿Es ésta la primera vez que tienes este

problema?

¿Tienes catarro?

¿De qué color es la flema?

¿Tienes adicción a alguna droga?

¿Cuánto pesas?

Súbete a las pesas por favor

Acuéstate en la camilla/cama por favor

Sácate la camisa por favor

Ésta es una receta para…

Debes tomarte esta medicina…

…antes de irte a la cama

…tres veces al día

…por la mañana y por la noche

Prescribed drugs/treatmentPainkiller Analgésico

Antibiotics Antibiótico

Analgesics Analgésico

Aspirin Aspirina

48

Sleeping tablet Pastillas para dormir

Tranquiliser Tranquilizante

Laxative Laxante

Antiseptic Antiséptico

Lice treatment Tratamiento para piojos

Inhaler Inhalador

Tablet/Pill Pastilla/Píldora

Capsule Cápsula

Cream Crema

Injection Inyección

Vaccine Vacuna

Bandage Venda

Human BodyThe head La cabeza

The skull El Cráneo

Hair Pelo

Face Cara

Eye/eyes Ojo/ojos

Nose Nariz

Mouth Boca

Lips Labios

Tongue Lengua

Ear Oreja

(external)/Oído(internal)

Neck Cuello

Throat Garganta

Shoulder Hombro

Chest Pecho

Breasts (female) Pechos

Stomach Estómago

Back Espalda

Arms Brazos

Elbow Codo

Hand Mano

Finger Dedo

Thumb Dedo pulgar

Hip Cadera

Anus Ano

Penis Pene

Testicles Testículos

Vagina Vagina

Leg Pierna

Knee Rodilla

Ankle Tobillo

Foot Pie

Heel Talón

Toe Dedo del pie

Limb Extremidad

Muscle Músculo

Bone Hueso

Spinal column Columna Vertebral

Rib Costilla

Skin Piel

Heart Corazón

Lungs Pulmones

Liver Hígado

Kidneys Riñones

Bladder Vejiga

Breathing Respirar

Blood Sangre

49

Health problemsAn illness Una enfermedad

A pain Un dolor

An injury/wound Una herida

An infection Una infección

Abscess Absceso

Angina Angina de pecho

Appendicitis Apendicitis

Arthritis Artritis

Asthma Asma

A bite (insect) Una picadura

Bronchitis Bronquitis

Cancer Cáncer

Concussion Conmoción cerebral

Cough Catarro

Cyst Quiste

Diabetes Diabetis

An epileptic fit Un ataque epiléptico

Fever Fiebre

Fracture Fractura

A hernia Una hernia

HIV/AIDS Virus del SIDA

Liver attack Ataque hepático/del hígado

Leukaemia Leucemia

Malaria Malaria

Migraine Migraña

Depression Depresión

UNCLASSIFIED

Pneumonia Pulmonía

Rheumatism Reumatismo

A scar Una cicatriz

A scratch Un arañazo

Sprain Esquince

An insect sting Una picadura de insecto

Sun stroke Insolación

Tuberculosis Tuberculosis

Typhoid Fiebre tifoidea

Ulcer Úlcera

A wart Una verruga

51

UNCLASSIFIED

AnnexesAnnex 1: List of English-Speaking LawyersAnnex 2: List of Private Translators/InterpretersAnnex 3: FCO leaflet: In prison abroadAnnex 4: FCO leaflet: Transfers home for prisoners abroad Annex 5: Prisoners Abroad authorisation formAnnex 6: Prisoners Abroad family contact formAnnex 7: Prisoners Abroad CFF form Annex 8: Fair Trials International questionnaire and leafletsAnnex 9 : Consent to Disclose my DetailsAnnex 10: Notification of DetentionAnnex 11: Expulsion Order GuideAnnex 12: Transfers route Peru-UKAnnex 13: New Benefit Law information letter

ANNEX 1: List of English-Speaking Lawyers

List of Lawyers in Peru

Prepared by British Embassy in Lima

www.gov.uk

The following list of lawyers has been prepared by the British Embassy in Lima for the convenience of British Nationals who may require legal advice and assistance in Peru. It is provided on the understanding that we (the British Embassy) do not assume or undertake any legal responsibility, to you, or those affected, if you choose to take it into account when instructing a local lawyer.  Further and alternatively, we cannot accept any liability to any person or company for any financial loss or damage arising from the use of this information or from any failure to give information.Our aim is to provide our customers with as much relevant information to enable them to make better informed decisions but our lists are not recommendations and should not be treated as such.

52

UNCLASSIFIED

List of lawyers in Peru / Lima

Updated: August 2018This list is in alphabetical order (following Honorary Legal Advisor’s details).

Berninzon & Benavides Abogados

Address: Av. Camino Real 390, Torre Central, Oficina 801, Centro Camino Real, San Isidro, Lima 27Telephone: +511 222-5252Fax: +511 421-4816postmaster@berlegal.comwww.berlegal.com

This company has told us the following things:

they have English speaking staff, they are affiliated to the Lima Bar Association, specialisations are in civil law, corporation law, labour law, commercial/financial law, tax law,

litigation, IP, utilities, banckruptcy, infrastructure, projects and government projects, they have have experience representing British nationals, they can provide legal aid, they can offer a Pro Bono service only in special cases, staff speak English, French and German, they cover the whole country of Peru, they do not have international offices.

Elizabeth Cancinos

Address: Av. 2 de Mayo No 516, Of. 201, Miraflores, LimaTelephone: +511 7392621 ext 101Mobile: +51 993025682 / +51 995466248Elizabeth_cancinos@hotmail.comguíalegal_cancinos@outlook.es

This lawyer has told us the following things:

she does not speak English but has an interpreter, she is affiliated to the Lima Bar Association, specialisations are in criminal law, civil law, corporation law, labour law, commercial/financial, she has experience representing British nationals, she can provide legal aid, she can offer a Pro Bono service only in special cases, she speaks Portuguese, she covers the whole country of Peru, she does not have international offices.

Garcia Sayan Abogados

Address: Av. Reducto No 1310, Piso 7, Lima 18Telephone: +511 615-0202

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UNCLASSIFIED

ayrigoyen@garciasayan.com.pewww.garciasayan . com.pe

This company has told us the following things:

they have English speaking staff, they are affiliated to the Lima Bar Association, specialization in all areas of law, some of which are: Finance and Capital Markets, Taxation,

Commercial Law, Customs and Foreign Trade, Due Diligence, Bankruptcy, Antitrust and Free Competition, Intellectual Property, Mining, Oil, Gas and Electricity, Environmental Law, Community Relations, Civil Law, Inheritance Law, Administrative Law, Regulatory Affairs, Dispute Resolution, Labor and Migratory Law, Corporate, Merges and Acquisitions, Corporate Criminal Law, Real Estate, Pro Bono.

they have experience representing British companies, they can provide legal aid, they can offer a Pro Bono service only in special cases, the staff of lawyers speak English and some lawyers speak French and Portuguese, they cover the whole country of Peru, they do not have international offices.

Kennedys Law

Address: Av Rivera Navarrete 475, Piso 13, San Isidro, Lima 27Telephone: + 51 1 562 5150Mobile: +51 966369300melissa.sangster@kennedyslaw.comwww.kennedyslaw.com

This company has told us the following things:

they have English speaking staff, Kennedys is duly incorporated in Peru as a law firm. It is not required for Kennedys to be

affiliated to a local authority. Notwithstanding, their staff is constituted by qualified professionals affiliated before the Colegio de Abogados de Lima and Colegio de Abogados del Callao,

Kennedys is an international legal firm with expertise in litigation and dispute resolution and committed almost exclusively to insurance and reinsurance sector. They advise insurers and reinsurers on claims coverage advice, policy wordings and disputes and provide local and international arbitration services. They also specialise in regulatory advice and commercial law.

they have have experience representing British nationals, most of them are insurance and reinsurance companies, such as Amtrust Europe Limited, Howden Group UK, among others,

they have experience working with British Law and they have advised British citizens before, Kennedys is committed to developing a co-ordinated, focused, well balanced and meaningful

pro bono practice, improving access to justice for those in the community who cannot afford legal services; increasing community awareness of legal and human rights as part of their contribution to the community; providing their services in a manner which emphasises education and empowerment to effect long-term change in the community; among other principles,

some of their qualified lawyers speak German and Portuguese, they cover the whole country of Peru, Kennedys has international offices in: Australia, Argentina, Belgium, Bermuda, Brazil, Chile,

China, Colombia, Denmark, England and Wales, France, Hong Kong, India, Ireland, Italy, Mexico, New Zealand, Northern Ireland, Norway, Pakistan, Peru, Poland, Portugal, Puerto Rico, Russian Federation, Scotland, Singapore, Spain, Sweden, Thailand, United Arab Emirates and United States of America.

54

UNCLASSIFIED

Monteblanco & asociados

sandro@peruvianlaw.comwww.peruvianlaw.com

PeruAddress: Manuel de la fuente 676, Barranco, LimaTelephone: +51 (1) 251-9628 / Mobile: +51 940 288 390

New YorkAddress: 11 Broadway, Suite 615, New York, NYTelephone: +1 (212) 480-4147

SpainAddress: S/ Serrano 110-1o, Madrid 28006Telephone: +34 (910) 800-926

This lawyer has told us the following things:

they have English speaking staff, they are affiliated to the Lima Bar Association, New York State Bar Association, New York city

Bar Association and the Orange County Jewish Bar Association, specialisations are in criminal law, corporative law, arbitration, international law, child

abduction under the Hague Convention, international family law, international divorce law, mining law, immigration law, sports law, labour law and customs law,

they have experience of representing British nationals, they can provide legal aid, they can offer a Pro Bono service on a need-be basis, staff speak French, Hebrew, Arabic and Persian, they cover Lima/Callao, Arequipa, Cusco and Trujillo, they have international offices in New York and Spain.

Pierola & Asociados

Address: Manuel Almenara 265, PO Box 18-0715, Lima 18Telephone: +511 447-2454Fax: +511 447-2450estudio@pierola.com.pe  www.pierola-asociados.comhttps://pe.linkedin.com/in/josedepierola

This company has told us the following things:

they have English speaking staff (all their lawyers, paralegals and trainees speak, read and write English fluently)

they are members of the Lima Bar Association and the Peruvian Intellectual Property Association, and of several international intellectual property organizations, such as the International Trademark Association (INTA), American Bar Association (ABA), Fédération Internationale des Conseils en Propiété Intellectuelle (FICPI), Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI), Inter - American Association of Intellectual Property (ASIPI), American Intellectual Property Law Association (AIPLA), European Communities Trademark Association (ECTA),

specialisations are in intellectual property in all legal areas related to trade marks, slogans, trade names, well-known trade marks, patents, utility models, industrial designs, copyrights, unfair competition and litigation, as well as foreign investment and general practice, and they are also involved in the fields of domain names dispute resolution and arbitration, licensing

55

UNCLASSIFIED

and infringement actions, they have experience representing British nationals, they can provide legal aid to British nationals in the areas of their expertise, they can offer a Pro Bono service depending on the particular case, besides Spanish, members of their staff also speak French, German or Italian, they cover the whole country of Peru, they do not have international offices.

Rodrigo Elías & Mendrano Abogados

Address: Av. San Felipe 758, Jesus Maria, LimaTelephone: +511 619 1900Fax: +511 619 1919postmaster@estudiorodrigo.comwww.estudiorodrigo.com

This company has told us the following things:

they have English speaking staff, they are affiliated to the Lima Bar Association, specialisations are in cvil law, corporation law, labour law, commercial/financial, tax law,

litigation, IP, utilities, banckruptcy, infrastructure, business law, projects and government projects,

they have experience representing British nationals, they can provide legal aid, they can offer a Pro Bono service only in special cases, staff speak French and German, they cover only Lima, they do not have international offices.

Socrates Grillo Bockos

Address: Av Alfredo Benavides 586, departamento 202, Miraflores, LimaTelephone: +511 2430482Mobile: +51 992796783vokoszorba@yahoo.es

This lawyer has told us the following things:

he speaks English, he is affiliated to the Lima Bar Association, specialisation are criminal and penitentiary law, he has experience representing British nationals, he can provide legal aid, he can offer a Pro Bono service only in special cases, he speaks German, he covers Lima and in some occasions other regions of Peru, he does not have international offices.

Velarde Friedl

Address: Av. José Gálvez Barrenechea 756, Oficina 603, Córpac, San IsidroTelephone: +511 389 6586Mobile: +51 999 443 062 / +51 978 279 771www.velarde.biz

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This company has told us the following things:

they have English speaking staff, they are affiliated to Lima Bar Association, specialisations are in civil law, commercial law and criminal law, they have have experience of representing British nationals, they can provide legal aid, they can offer a Pro Bono service depending on the case and the circumstances, staff speak Italian, French and German, they cover the whole country of Peru, they do not have international offices.

Walter Julio Honores Cisneros

Telephone: +511 13461695Mobile: +51 999756731 / +51 984734350alberto305@hotmail.com

This lawyer has told us the following things:

they have English speaking staff, he is affiliated to the Lima Bar Association, specialisation are civil, familiar,criminal and penitentiary law, he has experience representing British nationals, he can provide legal aid, he can offer a Pro Bono service, he covers Lima and in some occasions other regions of Peru, he does not have international offices.

Feedback Form for Customers

If you do decide to use any of the lawyers on this list, we would like to hear from you. While there is no obligation on your part to provide feedback on the services you receive, any feedback you can give us is helpful.

Once completed, please return the form to the [Embassy/Consulate] by post to [ADDRESS] or by email to [EMAIL ADDRESS]. Thank you for your help.1. Name of firm: Name of lawyer:2. Date of contact:

Are any of the details on our list regarding this provider wrong? (e.g. address, telephone number, etc.)

3. What service did you need?

4. Why did you need this service?Please circle the appropriate boxes below:(a) If the service provided English speaking services, how would you rate the standard of English?

Excellent Good Average Poor Very Poor

(b) How would you rate the professionalism of the staff?

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Excellent Good Average Poor Very Poor

(c) How would you rate the overall service received?

Excellent Good Average Poor Very Poor

(d) How would you rate the value for money?

Excellent Good Average Poor Very Poor

5. Do you have any other comments?

We would like to share this information with other customers but if you would prefer it not to be seen by others please tick the box

Feedback provider’s name: Tel. No.:Email: Date:

Annex 2: List of Private Translators/Interpreters

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List of translators and interpreters in Peru

Prepared by British Embassy in Lima

www.gov.uk

The following list of translators and interpreters has been prepared by the British Embassy in Lima for the convenience of British Nationals who may require these services and assistance in Peru. It is provided on the understanding that we (the British Embassy) do not assume or undertake any legal responsibility, to you, or those affected, if you choose to take it into account when instructing a local translator or interpreter.  Further and alternatively, we cannot accept any liability to any person or company for any financial loss or damage arising from the use of this information or from any failure to give informationOur aim is to provide our customers with as much relevant information to enable them to make better informed decisions but our lists are not recommendations and should not be treated as such.

List of translators and interpreters in Peru

Updated: May 2015

This list is in alphabetical order.

Liliana Ibañez

Address: Av. Miguel Dasso 126, Of. 301, San IsidroTelephone number: 0051 1 4216511 / 4414122E-mail: ibaneztraducciones@gmail.com

This company has told us the following things: they are affiliated to the National Register of Providers of Peru and with the Peruvian

Ministry of Foreign Affairs, also registered with the Peruvian Chartered Association of Translator,

specialisations are in legal, commercial and finance,

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they have experience representing British nationals, staff speak English, Spanish, German, French and Japanese, they cover Lima, Arequipa, Trujillo, Cusco and Chiclayo.

María Fe TORRES Portocarrero, Interpreter

Address: Jr Las Laderas 684, Dpto 301, Urb Casuarinas, SurcoTelephone number: 0051 1 3444804Mobile: 0051 97273 0812E-mail: mafe@tradinterprete.com / mafe8275@yahoo.com

This company has told us the following things: they are affiliated to the Association of Conference Interpreters of Peru, specialisations are translation and interpretation in mostly all areas, ie. mining, oil,

marketing, business, finances and medicine, they have experience representing British nationals, staff speak English and Spanish, they cover Peru.

Feedback Form for Customers

If you do decide to use any of the translators and interpreters on this list, we would like to hear from you. While there is no obligation on your part to provide feedback on the services you receive, any feedback you can give us is helpful.

Once completed, please return the form to the [Embassy/Consulate] by post to [ADDRESS] or by email to [EMAIL ADDRESS]. Thank you for your help.

6. Name of firm: Name of translator/interpreter:

7. Date of contact:

Are any of the details on our list regarding this provider wrong? (e.g. address, telephone number, etc.)

8. What service did you need?

9. Why did you need this service?

Please circle the appropriate boxes below:(a) If the service provided English speaking services, how would you rate the standard of English?

Excellent Good Average Poor Very Poor

(b) How would you rate the professionalism of the staff?

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Excellent Good Average Poor Very Poor

(c) How would you rate the overall service received?

Excellent Good Average Poor Very Poor

(d) How would you rate the value for money?

Excellent Good Average Poor Very Poor

10. Do you have any other comments?

We would like to share this information with other customers but if you would prefer it not to be seen by others please tick the box □

Feedback provider’s name: Tel. No.:Email: Date:

ANNEX 9: Consent to Disclose my Details

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I hereby provide the British Embassy in Lima and the FCO with my conscious consent to disclose the details they may find necessary to Peruvian, British and international organisations to the best of my convenience during my detention in Peru. I also allow the Embassy to provide details about my finances to third parties when I am unable to contact them.

Likewise, I give the Embassy permission to share details of my case with an MP/MEP if they contact them. Unless the Embassy has my permission, if an MP or MEP does raise my case with them, they will not be able to discuss any specific issues with them.

This authorisation does not include my Next of Kin.

I also understand that the Embassy will not provide anyone with false details about me on my behalf.

DETAINEE´S NAME AND SIGNATURE DATE

Annex 10: Notification of Detention

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[UNOFFICIAL TRANSLATION]

Logo: National Police Logo: National Directorate Against Drugs

MINISTRY OF INTERIORNATIONAL POLICE OF PERU

DIRECTORATE AGAINST DRUGSDETENTION NOTIFICATION

Dear (name) , citizen of (nationality)

Identified with (identity document number)

Please be advised that you have been DETAINED at this Police Unit due to your presumed involvement in the crime of illegal drug trafficking against the Peruvian State. Therefore, please be advised that you have the following fundamental rights:

1. To be presumed as innocent until your responsibility for the investigated acts has been judicially declared

2. To be informed about the reasons of your detention3. To be assisted by a lawyer of your choice with your or your family’s previous expressed

willingness in the document called “documento de apersonamiento”, otherwise, a Court-appointed counsel will be assigned to you.

4. To be respected physically and psychologically5. To be examined by a Forensic expert or whoever acts like one6. To communicate by telephone with your family, legal representative or anyone else,

after you have received notification of detention7. To be assisted by an interpreter in case you do not speak Spanish8. To have your Embassy or accredited consular representative advised about the

reasons for your detention9. You will also find attached the benefits you can claim during the Police investigation

stage according to the Legislative Decree No 824.10. In the event of any irregularity, such as bribe, sexual harassment or any other, you will

have to advise the RMP, lawyer and/or Head of the DITID-DIRANDRO-PNP.

San Isidro, (date)

After reading the above and agreeing with its content, I proceed to sign:

(Name - age)(Document number)ANNEX 11: Expulsion Order Guide

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Once you have completed your sentence, in order to leave the country though, you need to obtain an expulsion order from the local authorities. Please find below a step-by-step guide to help you obtain an expulsion order.

1. You need to request a letter for the ‘Policía de Extranjería’ (Foreigners Police) from the British Embassy.

2. Once you have the letter, you will need to submit it to the ‘Policía de Extranjería’ enclosing the following documents:

a) A certified copy of your sentence (Copia certificada de sentencia). You will need to request this from the Court. You can request it while you are in prison. The Embassy may help you with this.

b) Rehabilitation order (Resolución de Rehabilitación). You will need to request this from the Court once released. The Embassy may help you preparing the letter for the Court.

c) Release paper (Papeleta de excarcelación). It should have been provided to you when you were released from prison.

d) Proof that the Reparación Civil (fine) has been paid or has been voided. If you have paid, you must submit your receipts. If the fine has been voided, you must submit the fine void resolution, which you can apply for at Court. If not you can apply for the fine to be void together with your Rehabilitation order request.

e) All documents must be submitted in original and accompanied by 4 photocopies. You must also include 5 photocopies of your passport data page.

3. Once the Foreigners Police have received your letter and documents and checked them, they will give you an appointment date to give your statement. This consists of an interview to you by the Police to complete your file.

4. Once you have given your statement, the Foreigners Police will send your documents to the Peruvian Immigration Office. You need to ask the Foreigners Police for your ‘número de expediente’ (number given to your file sent to Immigration).

5. Immigration will receive your documents and give them another ‘número de expediente’ (file number). They will review your documents and once completed and your documents are in order, they will pass your file to the Minister of Interior for his signature.

6. Once the Minister has signed the expulsion order resolution, it will be sent back to Immigration and Immigration will send it back to the Foreigners Police.

7. The Foreigners Police will give you your expulsion order and you are free to leave Peru.

IMPORTANT TO NOTE: This procedure can take a long time (months or years), if you do not follow it up

regularly. Please be advised that the minimum processing time is 3 months. To follow it up with the Police and with Immigration you will need to refer to the file numbers they have given to your files and you will need to go to their offices in person.

The Embassy can only help you by issuing the letter for the Foreigners Police. However, we continue to lobby with the local authorities to try to speed up these processes for all released detainees.

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PEOPLE WHO MAY BE ABLE TO HELP YOU:

We strongly advise you to follow this process with the assistance of a lawyer. If you already have a lawyer, please contact him/her directly. If you don’t, we are aware of these two lawyers who have experience on expulsion orders. Their contacts details are:

Mr Socrates GRILLOEmail: vokoszorba@yahoo.esTel: 421-6515Fee: £700 approx for the process

Mr. Alberto HONORESRecommended by the Dutch and German EmbassiesEmail: alberto305@hotmail.comCel : 999756731Fee: £700 approx for the process

If you don’t have the funds to pay for a lawyer to follow your process, please contact the Embassy and we might help you to get a Pro-Bono lawyer who might be able to assist you for free or at a reduced fee.

Sean Walsh, a voluntary social worker, may be willing to support you. His contact details are:

Mr Sean WALSHEmail: mar.sean@iglesiacatolicaoriental.orgTel: 243-3787

OTHER USEFUL CONTACT DETAILS:

British EmbassyAv Larco 1301, Floor 23, MirafloresTel: 01 617 3000

Policía de Extranjería (Foreigners Police)Complejo de la Gobernación de Lima, 2nd floor, Av. España cdra.4, Cercado de LimaTel: 01 431 8616

Superintendencia Nacional de Migraciones (Immigration Office)Av España 730, BreñaTel: 01 200 1000

Neither the British Government nor the relevant British Embassy, High Commission or Consulate can make any guarantee in relation to the professional ability or character of any person or company on the list, nor can they be held responsible in any way for you relying on any advice you are given.

ANNEX 12: TRANSFERS ROUTE PERU-UK

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The Prisoner submits a transfer application to Consular Officer from the Embassy

The Embassy sends the transfer application to the Ministry of Foreign Affairs (MFA)

With the MFA stamped documents the Embassy sends a fine waiver application to the Court

The Embassy sends the transfer application to NOMS

The MFA sends the transfer application to the Public Ministry (PM)

The PM requests documents from: National Penitentiary Institute (INPE): socioeconomic and medical reports for the prisoner

Judicial Power: Certified copies of sentence and resolution of fine waiver or fine payment

National Offenders Management Service (NOMS): letter of approval of transfer

PM receives all documents and sends file to the Presidency of the Callao Justice Court

The Court sends the file to a Sala Penal (Criminal Court) for a final judicial decision

The Criminal Court informs the PM that the decision has been favourable

The PM sends the file to the Ministry of Justice (MINJUS)

The MINJUS approves the transfer The MINJUS drafts the Supreme Resolution of Transfer Authorisation

The Ministries Council receives the Resolution and approves the transfer

The approval is published in El Peruano official newspaper the following day

The execution of the transfer starts, involving INPE, Immigration, Foreigners Police and NOMS

TRANSFERS ROUTE PERU-UK

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1. Prisoner submits transfer application to Consular Officer.This can only be done after the sentence has been agreed by the prisoner and there is no pending appeal on either the side of the prosecution or the defence.

2. The Embassy sends transfer application to the Ministry of Foreign Affairs (MFA).A Note Verbal is sent to the MFA attaching inmate’s transfer application.

3. With MFA stamped documents the Embassy sends the fine waiver application to the Court.The sentence imposes a fine on the prisoner. Evidence that the fine has been paid or that the fine has been waived is a key requirement for the transfer application. If this is not met, the application will be declined. If a prisoner cannot meet the value of the fine, and wants to apply for a transfer they can apply for a fine waiver. It is unusual for a prisoner to be able to meet the fine payment. As such they apply for a fine waiver. This process can take between 3 – 6 months. Consular Staff regularly check the status of fine waiver applications with the Court.

4. Embassy sends transfer application to the National Offenders Management Service (NOMS).The application is sent to NOMS by e-mail and the original is sent by diplomatic bag.

5. Ministry of Foreign Affairs (MFA) sends transfer application to the Public Ministry (PM).The Public Ministry is the transfer agency in Peru and the institution in charge of gathering all the documents related to the transfer.

6. PM requests documents from: National Penitentiary Institute (INPE): socioeconomic and medical reports. These

are issued by the prison where the prisoner is held. Judicial Power: Certified copies of sentence and resolution of fine waiver or fine

payment. These are requested to the Court that sentenced the prisoner. NOMS: letter of approval of transfer. This can be received by e-mail at Post as an

attachment. The Embassy sends a Note Verbal to the MFA confirming approval to the transfer from the UK has been granted.

7. PM receives all documents and sends file to the Presidency of the Callao Justice Court. Post follows up the process at Court (in person) on a bi-monthly basis and by e-mail through the Public Ministry.

8. The Court sends the file to a Sala Penal (Criminal Court) for a final judicial decision.The Criminal Court reviews the file with a member of the Public Ministry. If everything is in order a hearing with the prisoner follows. After the hearing, a final decision is made.

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9. The Criminal Court informs the PM that the decision has been favourable. The Court sends the complete transfer file and the approval resolution to the PM.

10. The PM sends the file to the Ministry of Justice (MINJUS). The PM reviews the file again and sends the full transfer file to the MINJUS for the attention of the Minister of Justice (MJ).

11. The MJ approves the transfer and drafts the Supreme Resolution of Transfer Authorisation.At the MINJUS a Commission of 2 members of the MFA and 2 members of the Ministry of Justice check that all legal and technical requirements of the transfer application have been met. The National Director of Justice at the MINJUS reviews the file. If everything is in order, a resolution of transfer authorisation is drafted and is passed to the MJ with the transfer file for his final approval.

12. The Ministries Council (MC) receives the Resolution and approves the transfer.The MJ submits the draft transfer resolution to the MC. The Ministers, including the Minister of Foreign Affairs, discuss the case. If they are content the MJ and the Prime Minister sign the transfer resolution and send it to the President. Once the president received the resolution he signs this.

13. The approval is published in El Peruano official newspaper the day after.This is s requirement for the resolution to take effect.

14. The execution of the transfer starts, involving INPE, Immigration, Foreigners Police and NOMS.Post informs NOMS that the transfer has been approved. NOMS send the travel itinerary to Post. A mandatory exit order issued by Immigration (similar to an expulsion order) is required by the prisoner. This is processed by INPE and the Embassy. NOMS liaises with INTERPOL.

ANNEX 13: New Benefit Law information letter

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Dear Sir/ Madame,

We hope this letter finds you well.

Please find enclosed a copy of the new benefits law for foreign detainees No. 30219 published in El Peruano on 8 July 2014.

You seem to be eligible for this law (sentenced for the first time in Peru, sentenced for no more than 7 years and having met 1/3 of your sentence).

If you can apply for this benefit and wish to do it, please feel free to do it directly with the Prison Director. After you do it, please let us know, so we can follow your application up with INPE.

You would also need to ask your family to contact the FCO 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) once in the UK.

Please note that one of the requirements to apply for this benefit is the payment of your fine (reparación civil) or your 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.

Thank you and best wishes,

Consular TeamLimaNovember 2017

DisclaimerThis booklet was compiled by the Consular Section, British Embassy Lima. It is revised on a regular basis.

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If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments.

The British Embassy in Lima is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.

Thank you.

November 2017

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