Information Pack for British Prisoners in Ecuador

Author Quito Consular Team Department Consular Section British Embassy Quito Date 5 May 2014

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Information Pack for British Prisoners in Ecuador Not protectively marked

Contents Who can help? ...... 4 About the Ecuador Consular Network ...... 4 Who are the Consular Representatives? ...... 4

Contact Information: ...... 5 British Embassy Quito ...... 5

FIRST STEPS ...... 6 Who will know that I have been detained? ...... 6 What will my family be told? ...... 6 What will the Consulate do? ...... 6

PRISON CONDITIONS / SERVICES ...... 7 General prison conditions ...... 7 What about money? ...... 8 Drugs ...... 8 Can I work in prison? ...... 8 Can I receive medical and dental treatment? ...... 9 Food and Diet ...... 9 Mail/Parcels ...... 10 Can I have a radio, CD player, cassette player and television? ...... 10 Can I make telephone calls? ...... 11 What is there to read? ...... 11 Leisure and entertainment ...... 11 Visits ...... 11 What can the Embassy buy for you and what is allowed in prison? ...... 12

THE ECUADORIAN JUDICIAL SYSTEM ...... 13 Is the system the same as in the UK? ...... 13 What happens when I am arrested? ...... 13 For how long can I be remanded in custody? ...... 15 What happens when I am charged? ...... 16 What provision is there for bail? ...... 16 What kind of legal assistance is available? ...... 16 What happens at the trial? ...... 17 Sentences ...... 17 How can appeals be made? ...... 17 What provision is there for reduction of sentence (remission) e.g. for good behaviour? ...... 18 What provision is there for early release e.g. on parole? ...... 18 What provision is there for clemency or pardon? ...... 19 What about any financial penalties? ...... 19 Is transfer to the UK a possibility? ...... 20 What are the procedures for release and deportation? ...... 20 Criminal Process Phases (Diagram) ...... 22

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The Benefits System in Ecuador – Factsheet for Prisoners ...... 23

TRANSFERS TO THE UK ...... 24 STRASBOURG PRISONERS TRANSFER AGREEMENT - PTA ...... 24 Local Requirements under the Strasbourg Prisoners Transfer Agreement: ...... 24 Repatriation of Prisoners to England and Wales ...... 26

PRISONERS ABROAD ...... 27

ANNEXES ...... 28 Annex 1: LIST OF ENGLISH SPEAKING LAWYERS IN ECUADOR...... 28 Quito ...... 28 Guayaquil ...... 28

Annex 2: LIST OF TRANSLATORS/INTERPRETERS IN ECUADOR ...... 28 Quito ...... 28 Guayaquil ...... 28

Annex 3: FCO LEAFLETS

Annex 4: PRISONERS ABROAD LEAFLET AND FORMS

Annex 5: FAIR TRIALS INTERNATIONAL QUESTIONNAIRE AND LEAFLETS

GLOSSARY OF TERMS ...... 29 Spanish Alphabet ...... 33 Prisoners Abroad – Key Phrases (English into Spanish) ...... 40

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INTRODUCTION

This guide aims to explain the Ecuadorian legal and prison system to British Nationals who are imprisoned in Ecuador. You can also read about how to apply for a transfer back to a UK prison.

Who can help? The Foreign and Commonwealth Office (FCO):

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

About the Ecuador Consular Network We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with Ecuadorian 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 consequences of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere in local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

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 Quito [email protected] Veronica Ruiz [email protected] Vice Consul British Embassy Quito [email protected] Anneka Dann [email protected] Pro Consul Guayaquil British Honorary Consulate [email protected] Colin Armstrong Honorary Consul Guayaquil Rocio Torres [email protected] Honorary Vice Consul Guayaquil Cuenca British Honorary Consulate [email protected] Andrew Balfour Honorary Consul Galapagos Galapagos British Honorary Consulate [email protected] Andrew Cocker Honorary Consul Cuenca

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Contact Information:

British Embassy Quito Consular Section Avenida Naciones Unidas y República de El Salvador. Edificio Citiplaza, 14th Floor Quito

Tel: 02 2970 800 / 801 Fax: 02 2870 807 Email: [email protected] Website: https://www.gov.uk/world/ecuador

Working Hours: Monday to Thursday: 08:30 to 12:30 / 13:30 to 16:30 Friday: 08:30 to 13:00

Consular Section - Public Attention Hours (online appointment regime): Monday to Thursday: 09:00 to 11:00

Honorary Consulate Guayaquil c/o Agripac - Guayaquil Email: [email protected]

Honorary Consulate Galápagos Islands Puerto Ayora, Santa Cruz Island Email: [email protected]

Honorary Consulate Cuenca Email: [email protected]

Address for Postal orders, bankers draft or Building Society cheques sent from the UK – sent by families of detainees for Prison Comforts Address in the UK (as of 1 April 2012): Account Receivables - Foreign and Commonwealth Office Corporate Service Centre PO Box 6108 Milton Keynes, MK10 1PX

PRISONERS ABROAD For more than 30 years the charity Prisoners Abroad (PA) has offered practical support and advice to Britons imprisoned overseas. It is the only UK charity providing this service and it is available to all. See page 27 for further information.

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FIRST STEPS Who will know that I have been detained? As soon as a British citizen is arrested and detained in Ecuador, the Ecuadorian authorities must inform the British Embassy in Quito or one of our Honorary Consulates upon the prisoner's formal request. However, we are frequently not informed within 24 hours. It is essential that you inform the British Embassy or Consulate as soon as possible after your arrest. It is your right to do so. You may also be able to make a phone call to the Embassy or to family (with a covering charge).

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

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

What will the Consulate do? We aim to make contact with you within 24 hours of being notified of your arrest and visit you within 48 hours.

In case they wish to transfer any money to you, we can tell your friends or family how to transfer money through the Foreign and Commonwealth Office (FCO) in London. Your family can contact the FCO on 0207 008 0192 or 0207 008 0169 for more information on this.

If you have dual nationality and are imprisoned in the country of your other nationality the British Consul cannot assist you formally, under international law. However, Consular staff will provide whatever informal assistance the local authorities will allow. Your relatives and friends can contact the above address for advice from the FCO in London.

During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our consular staff. At each consular visit, our staff will complete a "Visit Report Form". If there is any information that you would prefer not to disclose to a Next of Kin you should let us know during the visit.

If appropriate, we will consider approaching the local authorities if you are not treated in line with internationally-accepted standards.

Would I have a criminal record in the UK?

You should be aware that if you are detained in Ecuador and go to prison for certain serious offences, such as sexual assault or for drug offences, the British Embassy Quito is obliged to notify the UK police - ACRO (Criminal Records Office). It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

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PRISON CONDITIONS / SERVICES In this chapter you will find information on daily life in an Ecuadorean jail. Prisoners say that nothing is guaranteed as things can change on a whim, so the advice of more experienced prisoners, plus your own common sense, is essential.

General prison conditions There are 37 prisons1 in Ecuador with a capacity for 12,089 prisoners. However, in reality there are almost 22,029 prisoners and over-crowding is still a major problem2. The main cause of overcrowding is the high rate of pre-trial detention and the lengthy delays in completing the judicial process. The government has therefore undertaken a reform to the judicial system and prison system for an effective rehabilitation.

In December 2013 and February 2014, new regional prisons3 in Guayaquil and Latacunga were respectively inaugurated, both with a completely new management model mainly focused on more strict security regulations and social rehabilitation programmes. Due to the new strict management policy, prisoners no longer have access to cash, to cook their own food and to have private electric devices. However, more workshop areas are being implemented. The above new brand prisons, and another one still under construction in Cuenca4, will be managed under the new prison model, aiming to replace completely by 2015, the current old prisons in Quito, Latacunga, Cuenca, Loja and other cities.

At the moment, at old prisons, the number of inmates to each cell entirely depends on the size of the cell and the number of prisoners in the particular prison. Women‟s prisons are separate to the men‟s. Each cell has a toilet and wash basin. Showers are mostly separate and shared. Hot water is rarely supplied, unless you arrange for a heater to be installed. However, some prisons already have this facility in place.

Clothes washing is possible at large outside sinks (concrete stands) in the “patio” (courtyard). Clothes lines are also available in the patio.

Prisoners are confined to their cells for around 9 hours a day, from 21h00 to 06h00. Prisoners are allowed out of their cells from 08h00 to 18h00. The “lista” roll call is at 07h00 and again at 17h00.

Even though permanent searches to confiscate weapons are carried out, the latter are in free circulation inside prisons (especially in the old male prison in Guayaquil). Extorsion is a big problem, especially against foreign prisoners. Corruption is still perceivable at any level: either legal or penitentiary.

If you experience serious harassment, threats or violence you should report this to the Embassy as soon as possible. We are able to take up allegations of mistreatment against a British national with the prison authorities. However, we will only raise concerns if you request that we do so.

1 42 centres: amongst “rehabilitation centres” (prisons), remand prisons, juvenile centres and early-release shelters. 2 Source 2013: Ministry of Justice - El Telégrafo public newspaper article of 19 December 2013. 3 “Centro de Privación de Libertad Zonal 8 Regional Guayas” in Guayaquil (main coastal city, at about 7-8 hours drive from Quito or 45 minutes flight) and “Centro de Privación de Libertad Zonal Regional Cotopaxi” in Latacunga (in the south of Quito, at about 1.5 hour drive). 4 Cuenca, located in Azuay province in the south of Ecuador, at about 7-8 hours drive from Quito or 45 minutes flight.

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Current changes in place, under the new prison´s management model: The new model mainly aims to avoid violence, corruption and extorsion, through strict security regulations.

Each cell (in minimum and medium security) has capacity for 6 inmates (3 bunk beds). Each cell has a toilet and wash basin. Showers are mostly separate and shared (except from the maximum security cells). Hot water is rarely supplied.

A laundry and drying service will be implemented. You will be supplied with 2 set of uniforms (1 x shorts, 1 x jeans, 1 x shirt, 1 x jumper, 1 sport fitness -jogging pants and top) and a pair of shoes. A "toiletries kit” containing toothbrush, toothpaste, soap, towel, washing detergent, etc is also supplied. No razors allowed but barbers are going in twice a week.

Prisoners are confined to their cells for around 11 hours a day, from 18h00 to 06h00. But are only out of their cells twice a day, for 2 hours each time. When most workshops are installed, the time allowed outside the cells may be longer.

What about money? Until now, and still at some old Ecuadorean prisons, you may need to pay for everything. We therefore strongly advise you not to make it evident if you have access to regular funds (keep cash deliveries to a minimum, always make them through the Embassy, advise visitors/family not to send/deliver expensive gifts or large parcels). Foreign prisoners are usually considered to be rich, as a result they are sometimes targeted by gangs within the prison and are therefore likely to be victims of theft and extortion. Incurring debts inside the prison, especially for drugs, is not advised and is also against the prison´s disciplinary and security regulations. Daily interest rates on debts are usually extremely high.

However, one of the main changes within the new prison management model is the fact that cash is no longer accessible, thus, the above risks are likely to diminish and the conditions to improve. Depending on the prison´s security level, small funds will be only accessible through a monthly deposit into the prison´s shop, known as “economato”.

Prisoners Abroad (see page 27) can help prisoners who have no other financial support, by sending a monthly grant via the Embassy for the purchase of food and other essentials. Let the Embassy know if you need this support, or write directly to the Prisoners Abroad caseworker for Ecuador.

Drugs Despite the local authorities´ efforts, drugs are still freely available within old Ecuadorean prisons. Do everything you can to find other ways to cope with life in prison and avoid consuming drugs. Not only will drug consumption weaken further your state of health, but drug taking invariably results in the creation of personal debts. These debts will attract accelerated rates of interest and if not paid off, could result in serious verbal and physical harassment. Through the new prison management policy, the local authorities are aiming to control completely this problem. They have therefore strengthened the medical assistance related to “abstinence” effects in the new regional prisons.

Can I work in prison? There is little in the way of official employment, certainly for those who do not speak Spanish. In addition, due to long waiting lists (and the need for good connections), there are minimal

Not protectively marked 8 Information Pack for British Prisoners in Ecuador Not protectively marked opportunities to get jobs in the kitchen, bakery or the carpentry workshop, which are the most popular options in the Quito male prison. Other alternatives are performing cleaning duties or working as “rancho” (food) distributors. These jobs not always paid. Some voluntary work can be found (i.e at the carpentry workshop - you can sell what you make, but you would need to invest in the materials and tools yourself). Some activity initiatives are run by the prisoners themselves.

The new prison management model is aiming to offer more activities, through standard workshops, and potential work to prisoners, but it is still under a transition phase.

Can I receive medical and dental treatment? The Ecuadorean Ministry of Justice and Human Rights signed an agreement with the Ministry of Health in 2013, so that they can be completely in charge of prison health attention, which involves the implementation of health attention units (level 1) inside each prison´s wings. This agreement, aiming to improve the prisoners free of charge health attention, also entitles the Ministry of Health to appoint the required doctors for each prison (including a prison coordinator), as well as to arrange basic medication supply (pharmacy inside the new regional prisons) and the installation of basic medical equipment. However, this is still under an implementation phase, especially at the old prisons.

The above agreement aims to set out a preventative health attention programme inside all prisons, thus, opening a medical history file for each prisoner regardless your medical condition.

If you need medical or dental treatment you should ask to see the prison doctor or dentist. Depending on number of patients, you may either be assisted the same day or within a few days. It is unlikely that you will be treated by a doctor who speaks English.

If medicine or a specific treatment (serious illness or need of regular medication/tests) is not available at the prison, in principle the doctor coordinator will arrange an appointment at one of the nearest public hospitals with better facilities in place. The prison authorities and doctor coordinator will also arrange security escort.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from your doctor in the UK. Your UK doctor can send the report, via the Embassy, addressed to you.

Food and Diet There is a provision of food within the prison. Prison food („rancho‟) is free but may not be sufficient to fulfil your dietary needs. You would need funds to pay for supplements to your diet, which can be bought at from the prison shop (at old prisons, shops are run by other inmates as a source of income), or from the cafeteria and restaurant (at old prisons, open on visiting days).

The 'rancho' at old prisons are usually prepared by other inmates and supplied 3 times a day. However, it has been gradually transferred to private catering companies, including the new brand regional prisons. The “rancho” typically contains a combination of soup, rice, beans, potatoes, eggs, spaghetti, and chicken/meat.

Most British prisoners have commented that they cannot live off the “rancho” alone. Prisoners Abroad can supply prisoners with vitamin supplements, if requested. In general, at the new prisons, vitamins have been authorised by the prison´s doctor.

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The new prison model will allow only the “rancho” food provision, thus prisoners will no longer be able to cook for themselves. The prison authorities are claiming to having implemented an improved “rancho” for all detainees, which will be complemented by an official prison´s shop, known as the “economato” which you can access through monthly fixed deposits from your family, friends or Prisoners Abroad, through us. The monthly amount though is low (average U$20-40), which depends in which security level of the prison you will be allocated. For minimum security level, the monthly allowed deposit is US$40.00. However, only basic products will be available at the “economato” and as long as a deposit into the prison´s shop has been made.

Approximate prices (US$):

Coke (fizzy drinks) (0.45 bottle - 0.75 for 1.5 litre) Water (0.20 per 500 cc bottle) Crisps (0.35-0.50) Biscuits (0.25-0.50) Chocolate cake (0.45-0.55) Yogurt with cereal (0.80) Yogurt (0.60-0.90 for 250/500cc) Jelly (0.60) Flavored Milk (0.70) Nectar Juice (0.77) Limonade/Orange (0.45) Sweet packs (0.50) Chewing gum (0.40) Toiletries Toilet roll paper (0.28) Tooth paste (1.10) Tooth brush (0.95) Shampoo (0.25) Deodorant (0.30) Soap (0.95)

Mail/Parcels Friends and family can send mail and parcels to the Embassy and we deliver to the prison. The Embassy is not able to forward mail on your behalf back to the UK. All letters are opened and checked by prison staff before they are given to prisoners. Mail cannot be sent directly to the prison from the UK since there is no postal system in the prison.

Delivery of parcels is no longer permitted in the new regional prisons, due to the new prison management model. Letters might be able to be delivered, but might require to send them opened, which does not guarantee the privacy of the content.

We will reply to your written correspondence within our target of 20 working days (excluding postage time), but only if your correspondence is of what we consider to be a “serious nature”, e.g. if you have a serious health issue for which you need our help or if you have serious concerns for your safety please raise any issues with us during consular visits or by calling us.

Can I have a radio, CD player, cassette player and television? No longer allowed in the new prison management model prisons. Cells and common areas do not have sockets installed. Instead, communal TV, DVD and CD player have been supplied and centrally controlled by the prison authorities.

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In old prisons, and if you who could afford them you could obtain the prison director´s clearance to have electric devices in your cells. However, the prison authorities are planning to implement gradually the new management policy in old prisons to prepare detainees to the new restrictions in place.

Can I make telephone calls? This depends on the prison. There are usually public telephones inside prisons which inmates can use with telephone cards, provided that they have enough resources to pay for this service. It is not possible to receive calls. Given that there are not so many telephone booths, long queues are very usual to find.

Guayas and Cotopaxi new brand regional prisons will eventually have telephone booths installed. Meanwhile, foreign prisoners at Latacunga prison are allowed fortnight 3 minutes- calls to family overseas, via mobile phone provided by prison authorities. Plans are to use an internet-based video-call system (similar to Skype) for foreign prisoners and also for court hearings.

What is there to read? Most prisons have some English books and other reading materials in their library, including the new brand regional prisons. British citizens living locally, tourists, the Embassy and Prisoners Abroad make donations of English language books/magazines to prisoners. Books are the only items which may not need strict permission to send to you at the regional prisons under the new prison management model.

Leisure and entertainment Learning the language: Speaking Spanish will help you understand what is going on, communicate your needs and also ease the boredom and mental isolation of prison life. The Embassy can provide you with photocopies of a Spanish self-learning book.

The new government, through the new criminal code reform, is implementing a new policy aiming at reforming the penitentiary system as a whole, providing education, health, leisure aspects and communication with families for all detainees in Ecuador. Therefore the new regional prisons are aiming to have well equipped workshops and activities, but most of them are still under an implementation phase.

Most current prisons have a gym, but often they are not properly equipped. In the “patio” or on the exercise yard, prisoners play sport such as football, volleyball, tennis and basketball. In the women´s prison aerobic is very popular.

Visits

Consular visits We hope to visit you every 3 months. In Guayaquil new brand regional prison, our Honorary Vice Consul will accompany in our quarterly visit. You will be called to the prison administration offices during a consular visit. Due to security concerns, the old Guayaquil prison, including the new wings which do not have a separate entrance, is currently banned for consular visits until further notice. Prisoners receive quarterly deliveries of funds and letters via the Embassy/Honorary Consulate drivers. However, and within the new prison regime, deliveries of funds will be only allowed through a standard monthly deposit system, into the prison´s shop.

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Visits by family, or friends In general, prisoners in old prisons are permitted to receive visitors on Wednesdays, Saturdays and Sundays. You may be allowed extra visits if there are special or compassionate reasons (for example, distance, but the security issue will be nevertheless taken into account by the prison director). Visitors enter into the prison itself and prisoners can spend time with visitors in the patio or in their cells.

Visitors must identify themselves when they arrive at the prison by showing an identification document containing a photograph (e.g. passport). This is held by the prison and returned at the end of the visit. Visitors will be searched before entering the prison. Visitors receive an ink stamp on their hand or arm before entry.

However, as of December 2013 and February 2014, the new management regime prisons in Guayaquil and Latacunga respectively have implemented a new visit system. Visitors should previously register their intended visits online and visit date and time will be granted and notified by call and SMS. Visits will be run in groups from 08:00 to 15:00. Visitors can stay for a maximum of an hour. Family visits are very structured. Maximum 2 adults and 1 child per visit, who are not allowed to bring in anything, except one bottle of water.

Visits per month are related to the security level wing in which you have been placed: Minimum Security: 3 family members; 1 conjugal Medim Security: 2 family members; 1 conjugal Maximum Security: 1 family member, 1 conjugal

We advise your family to contact us well in advance so that we can inform the prison authorities and provide assistance in the visiting arrangements. Consular officers may be able to accompany your family during their first visit to the prison (especially in Quito); subsequent visits by your family will be unaccompanied.

Other types of visitor Priests and representatives from local church groups or non-government organisations visit the prisons. However, from now on they may need to get a special authorisation to undertake their regular visits.

What can a visitor bring? In old prisons, visitors can bring „prison comforts‟. All bags and parcels are searched before entry and the authorities have the right to withhold items they deem to be unacceptable (see below). However, at the new regional prisons visitors are only allowed to bring one bottle of water.

What can the Embassy buy for you and what is allowed in prison? The new regional prisons in Guayaquil and Latacunga (and eventually Cuenca) do not allow bringing any items inside. Therefore, the Embassy is no longer allowed to buy things for you. Only some medicines may be permitted, as long as there is a prescription supplied by the prison´s doctor.

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THE ECUADORIAN JUDICIAL SYSTEM (This section also covers APPEALS, REMISSION, PAROLE, CLEMENCY AND TRANSFER)

The Embassy/Consulate cannot interfere with the Ecuadorean Judicial system. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties. Below you will find more information about the Ecuadorean judicial system.

Is the system the same as in the UK? In short, no, although on the face of it there are many similarities. Prisoners are presumed innocent until proven guilty; they have a right to a legal representative, an interpreter, fair trial and appeal. However there are fundamental differences. For example, there is no jury system and judicial processes are not always correctly followed and can be very bureaucratic.

As of 5 September 20115, there are some reforms taking place in the Ecuadorean judicial system. This currently means that more funds should be allocated to improve the efficiency of the system, including by appointing new staff and judges, building new courts and other judicial building, and buying more equipment to help speed up the process. Reforms are aimed to be achieved by 2015.

What happens when I am arrested?

Quito

(Under a drug offence) If you are arrested at the airport you will initially spend some time in a police cell. Police should read the charges and your rights. Whilst you are there police will usually gather evidence and interrogate you. You will be taken from the airport to cells in the Anti Narcotics Police Station, in the north of Quito, where a state prosecutor will start the first phase of investigation.

Although the law states that you are allowed to immediately appoint a lawyer and interpreter, in the case of drug offences, this will only be permitted shortly before giving your statement. You have the right to remain in silent until you get a lawyer and proper legal guidance. You should also ask for some time and privacy to speak alone with your lawyer (or public defendant) to brief him/her on the circumstances of your arrest before you give your initial statement or deposition before the Prosecutor. You will then be placed on remand.

Remember, you should never sign anything you cannot read. If you find yourself under pressure to sign, ask to speak to the British Embassy.

You will usually remain in the police anti narcotics cell for at least 4 days. Under Ecuadorian law you should be taken straight to the remand prison once the judge has submitted a detention order. In reality you can be held in police cells for a longer period as this depends on space availability in the remand prison (called the CDP: Centro de Detención Provisional). New detainees are usually transferred to the remand prison every Thursday.

5 A “state of emergency” was declared on 5 September 2011 due to the huge number of delayed judicial cases and inefficiency.

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In both places, you will share a cell with possibly several people. You may have access to your belongings, but this depends on whether the police consider them as evidence. If considered as evidence you will not be allowed to keep your possessions. In principle, all seized belongings will be listed in the detention report. Your passport and other identification will be taken away. These can be difficult to retrieve afterwards, although we will try and get them back, since your passport is officially property of the British Government.

In some instances you will not give a statement until you are moved from the police station. It all very much depends on the availability of judges, lawyers and interpreters, and the speed at which the police investigate your case. According to Ecuadorian law, a detainee cannot be interrogated without having the assistance of a private or public lawyer (and a translator for foreign detainees). The police will arrange a public hearing before the judge and prosecutor within 24 hours of your detention.

MEN The men‟s CDP is located in the centre of Quito. All male prisoners pass through this unit and it can be heavily overcrowded. You will be assessed in the CDP and allocated to a wing in the main prison. You could spend anywhere between 1-3 weeks in the CDP depending on whether there is space available in the main prison. In some cases some detainees have stayed at CDP for over 5 months. Under the 2009 prison system reform, now remand and sentenced prisoners are segregated. Those male prisoners on remand will then be transferred to the new regional prison in Cotopaxi (Latacunga), located in the south of Ecuador.

There are basic clothes washing and cooking facilities, which can be used at a cost. There is a public phone, but there are usually long queues and calls are not free. It is not possible to receive calls in the CDP but visitors are permitted once a week.

WOMEN The women‟s CDP is located next to the men‟s remand centre in the old town of Quito. There is only one female main prison in Quito, so there is no segregation for women. Cells are also overcrowded. Mattresses and blankets are available. Food is also provided and there are clothes washing and cooking facilities. A shop sells some food though this can be expensive. Visitors are permitted once a week.

The female main prison in Quito is located in the northern part of the city. It accommodates approximately over 700 people and it also includes a children nursery school next-doors. The various wings are managed by the same inmates, who have specific working groups to ensure the tidiness and maintenance of the place. Each cell holds about 4 people and each wing has shower/toiletries/cooking facilities in place. Please bear in mind that detainees at the female prison in Quito will be eventually transferred to the new regional prison in Latacunga.

Guayaquil

CDP - GUAYAQUIL MEN / WOMEN All prisoners pass through this unit and it can be heavily overcrowded. No mattresses or blankets are provided, neither is food. Very basic clothes washing facilities are available.

MEN The former “Penitenciaria del Litoral” was the main male prison until 2012, when new wings were built under a pilot project and prisoners were gradually moved since 2012. However, on 2 December 2013, the brand new “Regional Guayaquil male prison” (Centro Penitenciario Zonal 8 Guayas) was officially inaugurated, and 3600 detainees were transferred from the

Not protectively marked 14 Information Pack for British Prisoners in Ecuador Not protectively marked old prison. This prison segregates prisoners into the high, medium and low security wings. The new construction projects have been led by the Ministries of Justice and Interior. A new prison management system is being applied, including a new visiting system, which involves a previous registration system by intended family members and/or friends, who will be given a certain date and time. The other main changes are related to money and food access. Prisoners are no longer allowed to carry cash. Funds will be deposited at the “economato” (prison shop), from which you will be able to purchase mainly snacks and toiletries. Prisoners will eventually have access to telephone calls, through card telephone booths, and possibly in the medium-long term to internet-based-video call system.

Cotapaxi Located in Latacunga, in the Cotopaxi province in the south of Ecuador, at about 1.5 hours drive from Quito. This new regional prison aims to accommodate all those detainees (men and women) currently serving their sentences in Quito and other provinces located in the north-centre Andean area. On 30 April 2014, all remaining prisoners from the main male prison in Quito were transferred here. This new prisons has 3 pavilions, and each one is composed by 6 wings. Its maximum capacity is for 4,800 inmates, and it will be managed under the new prison regime, which means more security regulations and restrictions in place.

Outside the main cities - you will usually be held in a local police station and moved to the nearest large prison once evidence has been gathered, charges pressed and a statement taken.

Azuay Located in Cuenca, in the Azuay province in the south of Ecuador, at about 7 hours drive from Quito or 45 minutes flight. This new regional prison is aimed to be completed by 2015, and will accommodate all those detainees (men and women) currently serving their sentences in Cuenca and other provinces located in the south-centre Andean area and Amazon region. This prison will have capacity for 2,740 inmates and it will be also managed under the new prison model.

For how long can I be remanded in custody? According to the law, the remand period, in which the state prosecutor leads the investigation of your case (“instrucción fiscal”), should not exceed 90 days. After the 6-day preliminary investigation phase, the prosecutor has a maximum of 6 days to reach a judgement. However, the state prosecutor can request an extension of a maximum of 6 days to complete the investigation. In the event of evidence arising to indicate that other people are involved in the case, an extension of 30 more days can be granted.

During the preliminary investigation phase, you can submit some certificates from the UK, stating your good behaviour through no police records and employment certificate, if applicable. These certificates can be taken as “atenuantes” which means favouring for a lower sentence. All certificates must be legalised back in the UK and translated into Spanish to enable legal validity in Ecuador6.

Time served on remand will be counted as part of your sentence. Except from the bran new regional prisons, you will be able to wear your own clothes and will not be expected to work, but you can take part of some of the prison activities/workshops. You can receive visitors.

6 Ensure that your lawyer includes the good behaviour and other documents also in the Tribunal court hearing file.

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What happens when I am charged? The lawyer and the accused are immediately notified of the prosecutor‟s judgement. According to the law, a preliminary hearing before a Judge should take place within 10 days of the judgement. At this hearing the prosecutor defends his/her judgement. At this point, all parties can also present more evidence. Immediately after the hearing, the judge should announce his decision. A maximum delay of 72 hours is permitted before the Judge announces his verdict. In practice, this does not always happen (it is often much longer). After the above initial phase, the next stage of the trial begins before the court (tribunal).

Until September 2006, you may have waited months for a first court hearing and could have waited for more than a year until you were sentenced7. From 23 October 2006, the “temporary detention” law8 was brought back, in which any prisoner not sentenced within a year is entitled to be released but would still be under investigation until his/her case is completed. In principle, foreign inmates are released by restriction order and cannot leave the country until the trial is over. Therefore, the Immigration authorities will be notified.

What provision is there for bail? There is no provision for bail for foreigners.

What kind of legal assistance is available? Consular staff cannot give legal advice, but they can provide you with a list of lawyers. You can hire a lawyer for yourself at any time after your arrest; a list of lawyers for Quito and Guayaquil is included in this information pack. Normally, if you hire a private lawyer she/he will ask for a cash advance on his/her estimated legal fees before she/he will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

If you cannot afford a private lawyer you can apply at any time for a public defender. The Court must appoint a Legal Aid/Pro Bono Lawyer (Public Defendant/Defensor Público) if you do not have funds to hire a private lawyer and you are charged with a felony. At the beginning of 2008 the new government allocated more pro bono lawyers to help speed up pending legal cases with the aim of reducing prison overcrowding9. Pro Bono lawyers are free of charge but they rarely speak English and their ability varies. However, we have been lately reported that they are providing an efficient service and the number of public defenders have been further increased. They usually visit most prisons on a weekly basis, in case prisoners need their services.

As in any country, some lawyers are better than others (paying a large fee does not guarantee that you will get a good lawyer). Once a lawyer is identified, ensure to get his/her full name and a business card. If you do decide to pay for a lawyer, it is wise to agree a flat fee for the whole case before they begin work or you may find yourself facing “extra expenses”. Make sure also to get a receipt of any payment and a commitment to keep you informed about the stage of your case, by providing you with copies of the judicial process.

Ex-prisoners advise talking to other prisoners as they often know which lawyers to avoid and what hidden costs there might be.

7 Through the former “indefinite detention” ruling (“detención en firme”) which was then found unconstitutional. 8 “Caducidad de la prisión preventiva” (under Article 24.8). Release is only possible if a prisoner and/or lawyer has not delayed his/her judicial case on purpose (for instance, by not attending the court hearing). 9 37 detention centres with a capacity for 12,089, holding about 22,029 prisoners (2013).

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What happens at the trial? There is no jury system in Ecuador. Trials are heard by the judge, the court (usually made up of three legal representatives), the secretary of the tribunal (court), the prosecutor, the lawyer, the accused, and the translator/interpreter. It is compulsory that all the above are present at the court hearing, otherwise it will be delayed.

All documents related to a case and further evidence must be submitted to the president of the court. The trial will be heard in Spanish. The Court is responsible for arranging the appointment of an interpreter. Consular staff cannot act as interpreters.

Sentences A new Integral Criminal Code reform10 was approved by the National Assembly at the end of December 2013, but will only come into effect in August 2014.

After the court hearing, a sentence is given by the secretary of the court. For all drugs trafficking and possession offences, a sentence must be reviewed (called the “consulta” 11) by the Provincial Court of Justice. This is still a slow phase which could take at least 6-9 months. Unfortunately the new criminal code reform did not discontinue this step which has been causing serious delays to all drug offence cases.

A maximum of 5 grams of cocaine is allowed for personal consumption. Anything over this amount is considered an offence and therefore can attract charges:

- The Law on Narcotics Control12, run by CONSEP13, states that drug trafficking (Art. 60) and possession offences (Art. 62), attract a sentence of 12-16 years. However, the majority of our prisoners have received sentences of between 8 and 12 years.

During 2011 and 2012 we experienced some cases in which sentences have been increased from 8 years to 12 years under the “consulta” process.

The new government, through the Ministry of Justice and Human Rights, is proposing improvement reform of the Law on Narcotics Control14 and the Criminal Procedure Code, by implementing a drugs offence sentence table to enable consistent charges. This table has not been yet published by CONSEP, but it is foreseen to be available by the time the new criminal code reform goes into force (Aug. 2014) so that all the new reforms are consistent.

However, in principle the new charges will be between 2 to 6 months for minimum drug possession/trafficking scale; 1 to 3 years for medium scale; 5 to 7 years for high scale, and between 10 to 13 years for great drug possession/trafficking scale.

How can appeals be made? The accused has the right to appeal their sentence to the Provincial Court of Justice through their lawyers and together with the “consulta” process. However, the appeal process is very slow and can lead to delays in finalising a sentence.

There are further “appeals” and “casacion” and finally “revision” (revision), the last two before the National Court of Justice which can be just as slow.

10 Codigo Integral Penal – COIP. 11 The Provincial Court of Justice could either confirm, reduce or increase a preliminary sentence passed by the Tribunal. 12 Ley de Control de Sustancias Estupefacientes y Psicotrópicas 13 CONSEP – Consejo Nacional de Control de Sustancias Estupefacientes y Psicotrópicas (National Council for the control of narcotics substances). 14 Repeal of drug law 108 (ley 108) – no difference between trafficking and possession (mules)

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In spite of the fact that the new criminal code reform is not retroactive, prisoners already sentenced may have the chance to ask for a “recurso de revision” (appeal for review) aiming to have their sentences reduced in accordance to the new regulations, given that there is a “most favourable” article in place. However, it is still unclear how this will be processed.

What provision is there for reduction of sentence (remission) e.g. for good behaviour? A remission scheme, based on prisoner good behaviour and participation in the prison activities and in educational programmes, was approved by the Constituent Assembly on 24 July 2008. This has allowed prisoners to reduce their sentences by up to 50%. This reduction scheme is not a straightforward benefit as prisoners have to earn it through “merits”15. Within the regulations, a prisoner needs to have a final and enforceable sentence and enough good behaviour and activity marks, which will be evaluated by the education and diagnosis departments of the prison. If all requirements are fulfilled, including half of the sentence having been already served, the prison authorities will send the remission scheme petition file to the national prison service´s “technical commission” in Quito for their assessment and decision process. The commission will send their resolution to the relevant criminal court (copied to the prison director) for them to consider issuing a release order. However, as of beginning of 2014, the court judges are in charge of assessing remission petitions.

Foreign prisoners released under this benefit are expected to be deported when unconfined from prison.

Once the new criminal code reform is implemented (as of August 2014) the merit system will be suspended for remission purposes due to alleged new and more adequate sentences. However, the merit system will still be applicable for other benefits, such as the provisional early release and conditioned freedom.

Under article 86 of the Narcotics Control Law, if a prisoner co-operates with the Police by providing names of accomplices, he/she may get a reduction in sentence. This could be a reduction of a third to half of the sentence, but in practice only the minimum sentence for the particular offence is usually granted. Potential reductions are likely to be suspended once the new narcotics control law is published, by July 2014.

What provision is there for early release e.g. on parole? Once prisoners have completed two fifths of their sentence they can apply for „pre-libertad‟ (provisional “early release‟) which is very like parole. This is a very bureaucratic process and it is subject to many conditions:

 Certificate stating that the prisoner has already served 2/5 of their sentence;  Prisoner‟s application to the director of the prison requesting “pre-libertad”;  Certified copy of trial papers;  Certified copy of final and enforceable sentence;  Good behaviour report from the prison director;  Medical/ psychological reports;  Certificate ruling out any intention of escape;  Legalised contract of employment; (which will be previously inspected by a social worker)  Accommodation certificate confirming that the prisoner will remain in Ecuador during the period of 'pre-libertad'.

“Pre-libertad” must be served in Ecuador: A prisoner can remain outside the prison during the whole week but is allocated during the weekend in an “early release shelter” known as

15 “Sistema de rebajas por méritos”

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“Casa de Confianza”. Regular “behaviour reports” will be submitted. Repeat offenders are not entitled to this benefit scheme

Before April 2007, it was difficult for foreign prisoners to qualify for “pre-libertad” (provisional early release) given the accommodation and employment requirements. It was hard to convince a judge that a foreign prisoner would remain in Ecuador while they served the remainder of their sentence. However, this benefit is currently considered as another way to alleviate the overcrowding in the prisons. If a “pre-libertad” application is denied, the prisoner has to wait 6 months to re-apply.

A British prisoner out of prison on “provisional early release” benefit will not get money from Prisoners Abroad. In addition, consular staff from the British Embassy will not be able to pass on “prison comforts” (e.g. money that family has sent) and will no longer be able to visit.

If a British prisoner has a “provisional early release” benefit in progress, the UK authorities would not consider the Prisoners Transfer Agreement (PTA) any further. Prisoners must be serving a custodial sentence with a minimum of 6 months remaining for PTAs to be considered by the UK.

What provision is there for clemency or pardon? Application for amnesty or pardon may be made to the National Assembly. However, those convicted of crimes such as torture, terrorism, and 'heinous crimes' including aggravated homicide, aggravated rape and robbery resulting in death are not eligible for amnesty/pardon.

It is possible to apply for clemency only on medical grounds and if a prisoner falls terminally ill whilst in prison in Ecuador. But this is a long process. Firstly the UK Secretary of State for Foreign Affairs has to support the clemency plea. Then a request for clemency is made by the British Ambassador to the Ecuadorian Ministry of Foreign Affairs, after which an application for clemency has to be approved by the Ministry of Justice. Otherwise, terminally- ill prisoners may apply directly to the Ministry of Justice and Human Rights, which can be a much quicker process.

On 3 July 2008, the Constituent Assembly approved a pardon benefit to all prisoners who are not repeat offenders, caught with a maximum 2 kilos of cocaine (net weight) and who had already served 10% of their sentence16. The Ministry of Justice and Human Rights estimates that 6% of the prison population were released under this benefit17. Foreign prisoners released under this benefit were deported under the Ecuadorian Immigration Law. Despite some rumours, another pardon benefit is not likely to be granted by the government.

What about any financial penalties? The Narcotics Control Law, run by CONSEP, states that for drug trafficking, drug possession or transport offences, imprisonment from 12 to 16 years will be imposed, plus a financial fine of between 60 to 8000 minimum salaries (a “minimum” is calculated in US$4). CONSEP´s budget to fund its drug control programme is primarily sourced from this fund. An average amount would be between US$240 (60 salaries) to US$4,000 (1000 salaries), but with an extreme fine of US$32,000 (8,000 salaries). However, there is no set criteria on how the

16 This pardon benefit is no longer valid as it was a one-off benefit to alleviate overcrowding in the prisons. 17 Between 2008-2010, 2179 prisoners were released under this benefit.

Not protectively marked 19 Information Pack for British Prisoners in Ecuador Not protectively marked fines are calculated, or any correlation to the number of years sentenced as it is entirely up to Judge to decide.

EU Embassies have lobbied the Ecuadorian authorities to waive fines in the Drugs Law reform, or to at least set consistent criteria on how to calculate the fines. The main reason for this is the fact that it can affect repatriation petitions, through the Strasbourg Prisoner Transfer Agreement (PTA - see pages 24-26).

In spite of the fact that the new criminal code reform, to come into force in August 2014, does not state an automatic fines waive, it is likely to be granted by the judges following an insolvency assessment case. However, it is still unclear how long will this process take.

Is transfer to another prison within Ecuador possible? Yes, if the Ecuadorian Ministry of Justice and Human Rights (Social Rehabilitation Under Secretary) and local prison directors authorise the transfer. If you have been convicted you will be allocated to a prison to serve your sentence. Transfers to other prisons are only permitted when there are exceptional compassionate, medical or safety reasons for doing so. Prison authorities are reluctant to transfer prisoners who want to escape debts incurred in a prison. If you are interested in a transfer, please speak to the Embassy who can raise your request in writing with the prison authorities.

Is transfer to the UK a possibility? Yes, if all parties agree. Ecuador ratified the Strasbourg Convention under which transfers are possible to the UK. The convention came into force on 1 November 2005. A prisoner should submit a written petition for transfer (translated into Spanish). Transfers can only take place if prisoners have a “final and enforceable sentence”, support from the relevant authorities in Ecuador and the UK. Please see pages 24-26 for further information on transfer to the UK.

What are the procedures for release and deportation? Once the release warrant has been issued by the relevant Criminal Court, the Director of the Prison submits the order to the Police Headquarters18, which is responsible for deportation. In theory, prisoners are not allowed to stay in Ecuador after release. However, Police Headquarters should arrange a hearing in order to authorise or refuse a request for deportation. At this stage, the prisoner (and/or lawyer) could present a bid to remain in Ecuador, usually on humanitarian grounds (if family links, especially a child).

Prisoners should have a passport and air ticket before arranging deportation19. If the above documents are not available, the criminal court will submit a remand detention order until the detainee gets all required documents to leave the country.

Prior 2011, detainees in Quito under a deportation order were transferred to the cells in the Immigration Office and from there to the airport, which conditions were really basic. However, from mid-January 2011 the Immigration Police and the Ministry of Justice and Human Rights authorities agreed to hire a local hostel in Quito to accommodate up to 100 foreign detainees at the government´s cost. The main purpose of this initiative was to improve the conditions of

18 Intendencia General de Policía (and/or “Jueces de Contravenciones”) 19 The Ecuadorian State did not pay for deportation, as the same person waiting for deportation had to cover the airfare and other related expenses. However, as of end March 2011 the Direction for Protection of Rights at the Ecuadorian Ministry of Interior is responsible for processing deportation cases and for covering related costs, including the airfare for police escort which is lately an airline requirement. The Ministry of Interior might undertake a preliminary assessment to determine if an individual could cover some of the costs involved.

Not protectively marked 20 Information Pack for British Prisoners in Ecuador Not protectively marked foreigners waiting for their deportation. The police would provide security measures through guards at the hostel, and the ministry would pay for accommodation and food.

Following an official resolution of 30 March 2011, the Ministry of Interior´s Direction for Protection of Rights is now in charge of the deportation hostel and is also responsible for coordinating and processing all deportation cases (i.e related to prisoners who have completed to serve a sentence in Ecuador; prisoners who have been released under the “merits” remission scheme, and/or those foreigners who have overstayed in Ecuador).

From mid 2011 foreigners waiting for their deportation outside Quito are also being transferred to this hostel until their deportation process is completed. The process is likely to take 1-2 months, depending on individual cases.

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Criminal Process Phases (Diagram) (Criminal Procedure Code 2009 reform)

INDAGACIÓN PREVIA Responsibility of the State Prosecutor (Fiscal) Investigation conducted within 24 hours of arrest (with the collaboration of the police). Cannot take longer than one year if offence is charged with prison

INSTRUCCIÓN FISCAL Responsibility of the State Prosecutor (Fiscal) Evidence to be submitted + accused statement/version taken. This phase should take no longer than 90 days. In drugs possession/trafficking cases it should take up to 30 days. After the investigation phase is over a hearing will take place The Prosecutor passes judgment to the Judge Preliminary hearing to be agreed

AUDIENCIA PREPARATORIA DEL JUICIO DE SUSTENTACION DICTAMEN FISCAL AUDIENCIA PRELIMINAR (PRELIMINARY HEARING) Accused to be notified but not necessarily to be present at hearing, as long as represented by a lawyer. Case could be declared invalid if any part of the process has not been correctly performed. Case file may be reviewed/appealed Last chance for all parties to submit relevant documents/evidence (including good behavior certificates) Verdict announced by the Judge (Tribunal de Garantías Penales)

JUICIO (Trial) Criminal offence established (“auto de llamamiento a juicio”) Case sent to Criminal Court (Tribunal de Garantías Penales) Court hearing before whole Tribunal (Judge, Prosecutor, Lawyer, Accused, Translator, Secretary, Peritos (experts)) Prosecutor expounds the case and accusation Accused (procesado) to give whole statement & to be interrogated Tribunal to give verdict straight after court hearing Sentence to be passed within 3 days and notified to all parties For drug trafficking/possession, sentence file to be forwarded to the Provincial Court of Justice for review (“consulta”). This stage can easily take at least 6-9 months.

ETAPA DE IMPUGNACIÓN (Appeal) Judgement can be contested in the following ways: - Claim can be made that charge is invalid - Appeal (together with “consult” at Provincial Court of Justice under the “doble conforme” new regulation) - Anullment/Cassation (Casación) before National Court

SENTENCIA FIRME Y EJECUTORIADA (Confirmed Sentence) Sentence to become final and enforceable - Revision (last extraordinary appeal instance available to amend sentence)

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THE BENEFITS SYSTEM IN ECUADOR FACTSHEET FOR PRISONERS

The “benefit” system in Ecuador is similar to parole in the UK. The advantage of being  Consular staff from the British Embassy released on benefits is that you would be will not be able to pass on “prison outside of the prison, for at least some of the comforts” (e.g money that your family has time, until you have served the remainder of sent you) free of charge. your sentence. The benefit system usually  Consular staff from the British Embassy works quite well for Ecuadorian prisoners, will no longer be able to visit you. however being released on benefit can be  You may not get your passport back from difficult for foreigners. If you are told that you the Ecuadorian authorities, so you will not can apply for benefit, it is up to you whether be able to leave the country. you decide to do so. However, there are some important issues that you should consider.

What happens to Prisoner Transfer How does the benefit system work? Agreement (PTA) in progress? Prisoners can apply for “benefit” according to If a prisoner is out of prison on benefit in how much of their sentence they have served Ecuador and has a PTA in progress, the UK (see box below). Foreign prisoners are much authorities would not consider the PTA any less likely that Ecuadorians to be released on further. Prisoners must be serving a custodial benefit, so your application might be refused. sentence with a minimum of 6 months The British Embassy cannot ask the remaining for PTAs to be considered in the Ecuadorian authorities to offer you benefit if UK. you are not entitled to it.

Prelibertad (provisional early release):

a prisoner who has served 2/5 of their sentence and has a record of good conduct can live outside the prison. You must comply with basic rules such as having a job and accommodation in place. These will be previously inspected by a The information contained in this sheet is not meant to be social worker. a definitive statement of the law, nor is to be taken as a substitute for independent legal advice.

What are the problems with being released on benefit? Some foreign prisoners have experienced problems when released on benefit. Before deciding whether to apply, you should be aware that, if released on benefit:

 You may not be able to find a well-paid job to cover all your basic needs, including your house/flat rent.  You will not get money from Prisoners Abroad.  The British government will not be able to give you financial support.

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TRANSFERS TO THE UK

Why should you transfer? You would be able to serve the rest of your sentence closer to your family and friends. You would also be in an English speaking environment, and be able to take advantage of the courses available in British prisons aimed at preparing you for release.

How are transfers arranged? The UK Government has signed international agreements that allow British prisoners to be transferred from certain countries to the UK.

STRASBOURG PRISONERS TRANSFER AGREEMENT - PTA  Strasbourg Convention signed by Ecuadorian President Palacio on 27 June 2005.  Ratification to the European Council, in Strasbourg, was submitted on 12 July 2005.  The agreement came into force on 1 November 2005.  The Supreme Court of Justice asked for another entity to be in charge of the agreement.  In April 2006, the Technical Juridical Department of the Ministry of Foreign Affairs (MFA) was officially appointed as the new entity in charge of processing transfer petitions.  In 2009, the Ministry of Justice and Human Rights (Subsecretaría de Coordinación Interinstitucional) was appointed to process transfer requests.

Local Requirements under the Strasbourg Prisoners Transfer Agreement:  Prisoner needs to have been sentenced: Judgement must be final and enforceable  Prisoner's consent for application (in writing and in Spanish)  Prisoner's Nationality to be certified (either through passport or through a notarised certificate)  Certificate submitted by the Director of the prison stating how long has the prisoner been detained and how long more of his sentence remains to be served. Any benefit granted would need also to be taken into account.  Further medical, psychological, social and juridical certificates issued by the prison.  With the sentence, a fine is also imposed. This amount needs to be paid to Consep (National Council for the Control of Narcotics Substances). Original fine payment receipt needs to be attached to other documents. The fine cannot be waived, and until it is paid a prisoner cannot be eligible to the transfer agreement.  The offence for which prisoner was convicted must constitute a criminal offence in the UK. Certificate to be notarised. It does not matter whether some legal terms are different.  To have at least six months left of your sentence to serve at time of application for transfer. However, in exceptional cases the Contracting States may agree to a transfer even though the time to be served is less than the specified.  To bear in mind that if any sentence has been appealed and if it is still in process, transfer could not be applied. Sentence has to be completely confirmed, which means no outstanding fines or other non-custodial penalties, criminal proceedings and/or appeals procedures.  All documents to be submitted to the Ministry of Justice and Human Rights.  The Ministry of Justice and Human Rights will issue a certified copy of the process, together with their approval and the Ministry of Foreign Affairs´s official agreement note.  Once the petition is authorised, an official notification will be submitted to the Embassy, to the Director of the prison and to Interpol´s Office.  The Ecuadorian Interpol Police will escort the prisoner to the international airport for an official handover to the British police.

Not protectively marked 24 Information Pack for British Prisoners in Ecuador Not protectively marked Information from Britain  HMPS to arrange the escort and collection of prisoners.  6 HMPS staff that act as escorts. 2 escorts are required per prisoner. It is not possible for more than one prisoner to be transferred at a time.  HMPS make the arrangements and cover the cost of flights. However, the prisoner is required to sign a UTR (undertaking to repay). Your passport will be retained until repayment is made.

Location following repatriation  All men will be taken to Wandsworth Prison, in London. They will remain there for a period of assessment and will then be allocated to a suitable prison in which to serve the remainder of their sentence. Prisoners will be allocated a security category and may progress through the system to open condition. However, not every prisoner will be suitable for open condition.  All women to be transferred to Holloway Prison, in London, before onward allocation.

How long will you serve on your return? The British authorities will continue to enforce the sentence imposed on you by the foreign court. The British authorities cannot increase the sentence that has been imposed on you. However, the release arrangements of the country where you are imprisoned will cease to apply once you have been transferred. British release arrangements will apply instead. Each country has its own release arrangements; as it stands in Ecuador your release date in the UK would normally be before your release in Ecuador. You can be provided with detailed information about the calculation of your release dates in the UK before you are required to give your consent to transfer. You should ensure that you fully understand the consequences of your transfer before you give your consent. If you are unsure you should ask for clarification.

Can you appeal your conviction and sentence through the British Courts? No. This remains a matter for the courts in Ecuador, where you were sentenced. The British courts have no jurisdiction to review either your conviction or your sentence.

As a British Citizen, can the UK authorities refuse your transfer request? The British authorities will normally approve the request of British citizens. However, the UK authorities reserve the right to refuse your request.

Will you be liable to prosecution for other offences if you return? You cannot be prosecuted in the UK for the offence for which you are sentenced. You will however, be liable to detention or prosecution in connection with any other alleged offence committed in the UK.

Will you have a criminal record in the UK even though your offence was committed in another country? Whether you return to the UK as a serving prisoner, or at the end of your sentence, you will have a criminal record. The law requires that in certain circumstances you must disclose your previous criminal convictions. This includes those imposed abroad and/or in the UK. Failure to give full disclosure of your criminal convictions when required by law to do so is a criminal offence. You should be aware that if you are arrested for certain serious offences, such as child sex abuse or drugs crimes, consular staff must tell other relevant UK authorities, including the National Crime Agency - NCA.

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Prisoner expresses an interest

UK Authorities Local Prison Authorities British Embassy

Ministry of Justice and Human Rights in the sentencing state for consideration

Case referred to UK HM Prison Serive Scottish Prison Service Northern Ireland Prison Service

Passport Agency Police Home Office

Relevant Prison Service determines request

Consent sent back to sentencing state for final approval including sentence

If the sentencing state consents, prisoner´s consent obtained. Consent forwarded to UK with request to collect

Escort from HMP Wandsworth returns prisoner to the UK

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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 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

Prisoners Abroad 89 – 93 Fonthill Road London N4 3JH UK

Telephone: 00 44 (0)20 7561 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: [email protected] Website: www.prisonersabroad.org.uk

For further details, refers to attachments (3 pages – general leaflet, authorisation form, family contact)

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ANNEXES

Annex 1: LIST OF ENGLISH SPEAKING LAWYERS IN ECUADOR

Quito

Guayaquil

Annex 2: LIST OF PRIVATE TRANSLATORS/INTERPRETERS IN ECUADOR

Quito

Guayaquil

Annex 3: FCO LEAFLETS In prison abroad Transfers home for prisoners abroad

Annex 4: PRISONERS ABROAD LEAFLET AND FORMS

Annex 5: FAIR TRIALS INTERNATIONAL QUESTIONNAIRE AND LEAFLETS

Not protectively marked 28 Information Pack for British Prisoners in Ecuador Not protectively marked GLOSSARY OF TERMS

A Abrogation Derogación Access to file (by Lawyer) Acceso al expediente Accomplice Cómplice Accused (with charges) Imputado Acquitted Absuelto Adjudication Fallo / sentencia Administration of justice Administración de Justicia Amnesty Amnistía Anti Narcotics Police Station Jefatura de Antinarcóticos Appeal Apelación Appeal - trial court decision is appealed Casación directly to the National Court, by “jumping” over the intermediate court of appeals. Appeal for error Apelar por error Appeal or complaint Apelación o queja Application Aplicación Application forms (prison) Formulario de aplicación Army Ejército Assessment of evidence Evaluación de pruebas y evidencias (pruebas materiales, testimoniales y documentales) Attorney General´s Office Fiscalía General del Estado B Blood test Exámen de sangre Board of prison governors Comité C Cell Celda Charge Acusación / alegato Chief Prosecutor Fiscal General Civil party in criminal trial Parte civil en juicio penal Clemency / pardon Indulto Complaints system Sistema de denuncias / demandas Completed file Expediente completo Compulsory prosecution Enjuiciamiento obligatorio Consent Consentimiento Convicted Condenado / sentenciado Conviction Condena / sentencia Corporal Cabo / corporal Country ban (order issued which prohibits a Prohibición de regresar al país person who has been deported or expelled (orden de arraigo) from returning) Court appearance Comparecencia ante el tribunal Court file reference Referencia del expediente del juicio Courthouse Tribunal / Juzgado Criminal code Código de Procedimiento Penal Criminal code procedure Código de Ejecución de penas y rehabilitación social Criminal Court Tribunal de Garantías Penales

Not protectively marked 29 Information Pack for British Prisoners in Ecuador Not protectively marked Criminal prosecution Enjuiciamiento penal Criminal record Record policial Custody hearing Audiencia preliminar Custody order Orden de prisión preventiva D Danger of absconding Peligro de fugarse Danger of interfering with the course of Peligro de interferir con el procedimiento de justice justicia / procedimiento legal Danger of repeated criminal offences Riesgo de reincidencia Deportation Deportación Deportation order Orden de deportación Dismiss charges Descargar / descartar cargos o acusación Duty of obedience Deber de obediencia E Early release benefit Pre-libertad Ecuadorian Prison Service DNRS (Dirección Nacional de Rehabilitación Social) Escort Escoltar / escolta Expert Witness Testigo Expulsion Expulsión Extradition Extradición F Federal Police Policía Nacional Fever Fiebre File Expediente Final public trial Juicio (público) Food poisoning Intoxicación estomacal G Greater Criminal Court Corte Nacional de Justicia Guarding (a prison) Custodia en la prisión Guilty Culpable H Hand cuffed Esposado Hearing (first) Primera audiencia High Court Corte Provincial de Justicia Higher Regional Court Corte Provincial de Justicia (superior) Human rights Derechos humanos Hunger strike Huelga de hambre I Imprisoned Detenido / encarcelado / recluído Imprisonment Detención / encarcelamiento / reclusión Imprisonment after conviction Encarcelamiento después de ser sentenciado / condenado Indictment Denuncia / acusación / proceso Insubordination to officer Desobediencia a la autoridad / insubordinación Interpreter Intérprete Investigation Investigación / Indagación

J Jeopardise Poner en peligro Judge Juez Judgement Sentencia / juzgamiento / dictámen

Not protectively marked 30 Information Pack for British Prisoners in Ecuador Not protectively marked Judgement Final and enforceable Sentencia en firme y ejecutoriada Judicial Police Policía Judicial Jurisdiction (Criminal) Entities Órganos de la Jurisdicción Penal: Corte Nacional de Justicia (CNJ)/ Salas Especializadas de lo Penal de la CNJ / Corte Provincial de Justicia / Jueces de Garantías Penales / Tribunal de Garantías Penales. Juvenile prison Cárcel de menores L Lawyer Abogado Lawyers´charges Honorarios del abogado Lay Judges Disponer los jueces Lay Judges Court Disponer los jueces del tribunal Legal Aid / Pro Bono Lawyer Defensor Público Legal Clerk Empleado jurídico / legal Legal remedy Recurso legal Local prison rules Reglas carcelarias Local State Court Tribunal Penal M Major offence Delito mayor Malnutrition Desnutrición Marital Visit Visita conyugal Minimal (guilt) Culpabilidad mínima Ministry of Justice (and Human Rights) Ministerio de Justicia (y Derechos Humanos) Minor offence Delito mínimo Misdemeanour Falta / mala conducta Mistreatment/ Torture Maltrato / tortura Money earned in prison Dinero ganado en prisión N Notary Notaría O Officer of the Court Funcionario de la Corte/Juzgado Opposition Oposición Out-of-court settlement Resolución P Parole (conditional release) Libertad condicional Pardon Indulto Pay off debts Pagar deudas Penal order Reglamento penal Penal proceeding Trámite/procedimiento penal Penitentiary system Sistema penitenciario / carcelario Permanent (indefinite) detention Detención en firme Permit, entitlement Permiso / calificado / acreditado Personal money in prison Dinero personal Physical examination Exámen físico Plaintiff Demandante Police Headquarters Intendencia General de Policía Police Officer Oficial de Policía Power of Attorney Poder legal Preliminary detention Aprehensión Presiding Judge Juez dirigente Presumption of innocence Se presume inocente

Not protectively marked 31 Information Pack for British Prisoners in Ecuador Not protectively marked Preventive detention Prisión preventiva Prison Prisión / cárcel / centro carcelario Prison administration Administración carcelaria Prison Assessment Unit Departamento de Diagnóstico y Evaluación Prison court Comitiva de la prisión Prison Director Director de la prisión / centro de rehabilitación social Prison house rules Reglamento interno de la prisión Prison rules regarding supervised visit Reglas de la prisión referente a las visitas supervisadas Prison Guard Guía/guardia penitenciario / guardia carcelario Prison Warden Jefe de guías Prisoners Presos / internos (inmates) Private prosecution Enjuiciamiento privado Procedural complaint Denuncia procesal Proceedings Proceso/tramite legal Proof of evidence Pruebas de evidencia Prosecution Enjuiciamiento/ procesamiento Prosecutor (Public) Fiscal Provision Suministro Public Prosecutor‟s Office Fiscalía Punishment cell Celda de castigo (calabozo) R Raids Requisas Register (in State) Registro / matrícula Rehabilitation Rehabilitación Release Salir en libertad Release order Boleta de libertad / boleta de excarcelación Remand (sending a person accused of an alleDetenciónged provisional offence into custody to await trial) Remand prison CDP (centro de detención provisional) Remedy of appeal Recurso de apelación Remission Rebaja de pena (sistema de rebaja por “méritos”) Repatriation Repatriación / traslado Representative of the Local Authority Representante de la autoridad local Riot Motín / disturbio / alboroto Riot squad Grupo de amotinamiento Roll call Tomar lista (in the morning and at night) S Security Seguridad Small Police Station Jefatura de policía Social Worker Trabajador(a) Social State officials including prison Warders Trabajadores públicos, incluyendo guardias / guías penitenciarios Statute of Judicial Organisation Estatuto / Decreto / Reglamento de una organización judicial / legal Stomach bugs Infección estomacal Strike Huelga / paro Sufficient suspicion Suficientes pruebas (fundamentos de imputación) Supreme Court of Justice Corte Nacional de Justicia Surety (money required for a remand Fianza

Not protectively marked 32 Information Pack for British Prisoners in Ecuador Not protectively marked prisoner to be released on bail) Suspended sentence Sentencia suspendida

T Temporary detention Detención temporal The accused El Acusado To buy Comprar To change money Cambiar dinero To deport Deportar To file an application Archivar el expendiente Transfer Agreement “Convenio de Traslado de Personas (Strasbourg Convention) Condenadas” - Convención de Estrasburgo (repatriación) Transfer to another prison Traslado a otra prisión Treason Alta traición V Valid or legal Válido o legal Visit permit Permiso para visita W Warden Guardia (guía) Wing Pabellón

Spanish Alphabet Sounds Like A,a A B,b Be C,c Ce D,d De E,e E F,f Efe G,g Ge H,h Ache I, I I J, j Jota K,k Ka L,l Ele M,m Eme N, n Ene O,o O P, p Pe Q,q Qu R, r Ere S, s Ese T, t Te U,u U V,v Ve W,Y Doble Ve, Ye X,x Equis Z,z Zeta

Not protectively marked 33 Information Pack for British Prisoners in Ecuador Not protectively marked Useful words

1 Uno 2 Dos 3 Tres 4 Cuatro 5 Cinco 6 Seis 7 Siete 8 Ocho 9 Nueve 10 Diez 11 Once 12 Doce 13 Trece 14 Catorce 15 Quince 16 Dieciseis 17 Diecisiete 18 Dieciocho 19 Diecinueve 20 Veinte 30 Treinta 40 Cuarenta 50 Cincuenta 60 Sesenta 70 Setenta 80 Ochenta 90 Noventa 100 Cien 1000 Mil

Food Comida Apple Manzana Banana Banana Plátano/ Guineo Beans Fréjol Biscuits Galletas Bread Pan Cake Pastel Chicken Pollo Coffee Café Drink Beber- Tomar Eat Comer Egg Huevo Fruit Fruta Hungry Ambriento Not protectively marked 34 Information Pack for British Prisoners in Ecuador Not protectively marked Juice Jugo Meat Carne Milk Leche Omlette Revuelto Pancake Pancake Rice Arroz Sausage Salchicha Sugar Azúcar Sweet Dulce/ caramelo Vegetables Vegetales Water Agua

Cutlery Cubiertos Cup Taza Fork Tenedor Knife Cuchillo Plate Plato Spoon Cuchara Good Morning Buenos días Good Afternoon Buenas tardes Good Night Buenas noches

Day Día Week Semana Month Mes Monthy Mensual Year Año

Today Hoy Tomorrow Mañana Tonight Esta noche

Days of the Week Días de la Semana Sunday Domingo Monday Lunes Tuesday Martes Wednesday Miércoles Thursday Jueves Friday Viernes Saturday Sábado

Seasons Estaciones Spring Primavera Summer Verano Autumn Otoño

Not protectively marked 35 Information Pack for British Prisoners in Ecuador Not protectively marked Winter Invierno Months Meses January Enero Febrero Febrero Marzo Marzo Abril Abril Mayo Mayo Junio Junio Julio Julio Agosto Agosto Septiembre Septiembre Octubre Octubre Noviembre Noviembre Diciembre Diciembre

Baby Bebé Boy Niño Child Muchacho Chico Father Papá Girl Niña Husband Esposo Man Hombre Money Dinero Plata Mother Mamá Wife Esposa Woman Mujer

He El I Yo Me Yo My Mio Yours Tuyo, vuestro Her De ella His De él Their De ellos Them Ellos You Tú Yours Tuyo , vuestro

Borrow Pedir prestado Close Cerrar Closed Cerrado Come Venir Debt Deuda Door Puerta Not protectively marked 36 Information Pack for British Prisoners in Ecuador Not protectively marked Give Dar Here Aqui Indoors Dentro de Casa Inside Dentro Open Abrir Outside Afuera, exterior Run Correr Stand Posición, puesto Stay Quedarse Stop Detenerse Pare Turn Vuelta Walk Caminar

Parts of the body Partes del cuerpo Head Cabeza Hair Cabello Pelo Eye Ojo Eyes Ojos Eyeball Globo Ocular Eyebrow Ceja Eyelash Pestaña Eyelid Párpado Nose Nariz Nostril Fosa nasal Ear Oido Oreja Hearing Escuchando Mouth Boca

First Primero Second Segundo Third Tercero Fourth Cuarto Fifth Quinto Sixth Sexto Seventh Séptimo Eight Octavo Ninth Noveno Tenth Décimo

Half Mitad Medio In half En la mitad

After Después Before Antes Later Luego Más tarde Not protectively marked 37 Information Pack for British Prisoners in Ecuador Not protectively marked Now Ahora Climate/Weather Clima Climate Clima Cold Frio Heat Calor Hot Caliente Rain Lluvia Shade Sombra Sun Sol Sunshine Luz solar Weather Tiempo Wind Viento

Briefs Ropa interior Clothes Ropa Pullover Chompa Suéter Shirt Camisa Shorts Bermuda Shorts Socks Medias Calcetines Trousers Pantalones "T" Shirt Camiseta

Sandals Sandalias Chanclas / chancletas Shoe Zapato Trainers Zapatillas Tennis / Zapatos deportivos / Zapatos de caucho

Ashtray Cenicero Book Libro Cigarettes Cigarrillos Cigarros /Tabacos Dry Secar Lighter Claro Bien iluminado Pen Esfero Pencil Lápiz Scissors Tijeras Soap Jabón Soap powder Jabón en polvo Wash Lavar Wash hand Lavabo Lava manos Washing Lavado Lavando Wet Húmedo

Bucket Balde Scrubbing Brush Escoba de Fregar

Not protectively marked 38 Information Pack for British Prisoners in Ecuador Not protectively marked Shower Ducha Toothbrush Cepillo de dientes Toothpaste Pasta dental Pasta de dientes / Dentífrico Towel Toalla

Dream Sueño Rest Descanso Sleep Dormir Sleepy Cansado Somnoliento Wake Despertarse

Bed Cama Bed Sheet Sábana Blanket Cobija Mattress Colchón Pillow Almohada

Not protectively marked 39 Information Pack for British Prisoners in Ecuador Not protectively marked

PRISONERS ABROAD KEY PHRASES - ENGLISH INTO SPANISH 89 – 93 Fonthill Road Finsbury Park London N4 3JH Tel 020 7561 6820 Fax 020 7561 6821 [email protected] www.prisonersabroad.org.uk Charity Number 1093710

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)

Basics My name is… Me llamo…. Verbs I am… (e.g. I am English) Soy… To have tener The El/La/Los/Las I have yo tengo A Un/Una/Unos/Unas you (singular) have tú tienes It Lo/la/le he/she has él/ella tiene I/We/Me Yo/Nosotros/me we have nosotros/as tenemos What/Which Qué/Cuál you (plural) have vosotros/as teneis Left Izquierda they have ellos/as tienen Right Derecha Here Aquí (In Spanish, there are two verbs which translate as „to be‟: „ser‟ and „estar‟. „Ser‟ is meant to convey something There Ahí permanent (e.g. „I am English‟, „I am a man‟), and „estar‟ What day does the… ¿Qué día…? is meant to convey something more temporary like a I cannot… No puedo… mood or emotion (e.g. „I am ill‟, or „I am happy‟). Not protectively marked 40 Information Pack for British Prisoners in Ecuador Not protectively marked To use/I use Usar/yo uso To be ser To speak/I speak Hablar/yo hablo I am yo soy To write/I write Escribir/yo escribo you (singular) are tú eres To go/I go Ir/yo voy he/she is él/ella es To be able to Poder/yo puedo we are nosotros/as somos To give Dar/yo doy you (plural) are vosotros/as sois they are ellos/as son

To be estar I 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

Prepositions After Después Above Encima Before Antes Over por encima de During Durante Beside/next to/by al lado de Since Desde Near to cerca de Until Hasta Through a través In/inside en/dentro Towards hacia Outside Fuera Behind detrás At en Between entre From De/desde Opposite en frente On en/encima With con Under/below/beneath Debajo Without sin

Not protectively marked 41 Information Pack for British Prisoners in Ecuador Not protectively marked 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…? 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 Can you tell me how long I will be held in police custody before I do not have any means to buy… I get transferred to a prison?

I would like to order… What must I do to get transferred to another prison? This is urgent Can you tell me how long my sentence is? May I make an appointment to see… Can you tell me the date my sentence finishes? I need to see my lawyer Can I move to Mr…..‟s cell as he speaks English? Can I have a list of local English-speaking lawyers? Can Mr….. move into this cell? Who is dealing with my case? I am very cold, can I have an extra blanket please? Does the prison have a list of translators? When is the shop open? Can I get bail? How much money do I have in my account? Not protectively marked 42 Information Pack for British Prisoners in Ecuador Not protectively marked What day does the doctor come? What time? El teléfono no funciona Is there any work that I can do? No me puedo permitir comprar… I would like to work in the… Me gustaría pedir… Can you show me what I must do? Esto es urgente Could I buy a Spanish/English dictionary? ¿Podría fijar una cita con…? Can you contact the Consul for me? Necesito ver a mi abogado I want to make a complaint ¿Me das una lista de abogados que hablen ingles? Can I have permission for my family to send me….? ¿Quién está a cargo de mi caso? As I am not allowed visits, could I have a parcel of ¿Hay una lista de traductores en la prisión? clothes sent to the prison? ¿Puedo pedir la libertad bajo fianza?

¿Me podrías decir cuánto tiempo estaré detenido antes de ser Are there any items which they are not permitted to transferido a una prisión? send me?

¿Qué debo hacer para ser transferido a otra prisión? I want to send this letter to… ¿Me podrías decir cuánto tiempo durará mi sentencia? ¿Me podrías decir la fecha en que mi sentencia terminará? Why are my letters taking so long to get to my family? ¿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?

I have not heard from my family and I am worried about them

How do I arrange a visit for my family?

Not protectively marked 43 Information Pack for British Prisoners in Ecuador Not protectively marked Can you confirm that my family has booked a visit for No sé nada de mi familia y estoy preocupado/a por ellos. (a specific date)? ¿Qué tengo que hacer para arreglar una visita de mi familia? May I have an extended visit as I do not get many and my family has to travel a long way? ¿Podrías confirmar qué día ha reservado mi familia para visitarme? Could I go to the prison school to learn Spanish? Could you give this letter to Mr… cell no…. so he can ¿Podría pedir una visita más larga ya que no recibo muchas translate it for me? 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 September Septiembre Tomorrow Mañana October Octubre Morning Mañana November Noviembre Afternoon Tarde December Diciembre Night Noche Spring Primavera Next week La próxima semana Summer Verano Next month El próximo mes Autumn Otoño Next year El próximo año Winter Invierno Last week La semana pasada Christmas Navidad Last month El mes pasado Easter Semana Santa Last year El año pasado New Year Año Nuevo Weekend Fin de semana National Holiday Día festivo Monday Lunes One (first) Uno (primero/a) Tuesday Martes Two (second) Dos (Segundo/a) Wednesday Miércoles Three (third) Tres (Tercero/a) Thursday Jueves Four (fourth) Cuatro (cuarto/a) Friday Viernes Five (fifth) Cinco (quinto/a) Saturday Sábado Six (sixth) Seis (sexto/a) Sunday Domingo Seven (seventh) Siete (séptimo/a) January Enero Eight (eighth) Ocho (octavo/a) February Febrero Nine (ninth) Nueve (noveno/a) March Marzo Ten (tenth) Diez (décimo/a) April Abril Eleven (eleventh) Once (décimoprimero/a) May Mayo Twelve (twelfth) Doce (décimosegundo/a) June Junio Thirteen (thirteenth) Trece (décimotercero/a) July Julio Fourteen (fourteenth) Catorce (décimocuarto/a) August Agosto Fifteen (fifteenth) Quince (décimoquinto/a) Not protectively marked 44 Information Pack for British Prisoners in Ecuador Not protectively marked Sixteen (sixteenth) Dieciseis (décimosexto/a) Fifty (fiftieth) Cincuenta (quincuagésimo/a) Seventeen(seventeenth) Diecisiete (décimoséptimo/a)Sixty (sixtieth) Sesenta (sexagésimo/a) Eighteen (eighteenth) Dieciocho (décimoctavo/a)Seventy (seventieth) Setenta (septuagésimo/a) Nineteen (nineteenth) Diecinueve (décimonoveno/a) Eighty (eightieth) Ochenta (Octogésimo/a) Twenty (twentieth) Veinte (vigésimo/a) Ninety (ninetieth) Noventa (nonagésimo/a) Thirty (thirtieth) Treinta (trigésimo/a) Hundred (hundredth) Cien (centésimo) Forty (fortieth) Cuarenta (cuadragésimo/a) 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 vocabulary Cell Celda Visiting rooms Salas de visita Bed Cama Garden Jardín Individual cell Celda individual Reception Recepción Shared cell Celda compartida Director Director Library Biblioteca Assisant Director Ayudante del director Showers Duchas Shopkeeper Tendero/a Toilet Cuarto de baño Guard/Warder Guardia/Vigilante

Stationery Books Libros Envelope Sobre Pen Bolígrafo Stamp Sello Paper Papel Telephone Teléfono Letter Carta

Toiletries Soap Jabón Toilet Paper Papel higiénico Shampoo Champú Wash Lavar Toothbrush Cepillo de dientes Razor Navaja Toothpaste Pasta de dientes Shave Afeitar Deodorant Desodorante Towel Toalla Tissues Pañuelos de papel

Not protectively marked 45 Information Pack for British Prisoners in Ecuador Not protectively marked Other items Shop/Canteen Tienda/Cantina Playing cards Una baraja Blanket Manta Ball Pelota Radio Radio Battery Pila/Batería CD/cassette player Lector de CDs/Radio-cassette

Clothing Shirt Camisa Jumper/pullover Jersey Shorts Pantalones cortos Jeans Vaqueros Shoes Zapatos Vest Camiseta de tiras Socks Calcetines Sandals Sandalias Underwear Ropa interior Small Pequeño/a Trousers Pantalones Medium Mediano/a T-shirt Camiseta Large Grande Trainers Zapatillas de deporte

Proper Nouns British Consul Cónsul británico/a Scotland Escocia Britain Gran Bretaña Wales Gales British Británico/a Northern Ireland Irlanda del Norte England Inglaterra

Family Friend Amigo/a Wife Mujer Family Familia Partner Pareja Mother Madre Daughter Hija Father Padre Son Hijo Sister Hermana Child Niño/a Brother Hermano Cousin Primo/a Husband Marido

Food/meals Breakfast Desayuno Cup/Mug Taza Lunch Comida Plate Plato Dinner Cena Bottle Botella To eat Comer Coffee Café To drink Beber Tea Té Knife Cuchillo Water Agua Fork Tenedor Milk Leche Spoon Cuchara Powdered milk Leche en polvo Tray Bandeja Soda Soda Glass Vaso Hot chocolate Chocolate caliente Not protectively marked 46 Information Pack for British Prisoners in Ecuador Not protectively marked Fresh fruit Fruta fresca Green beans Judías verdes Apple Manzana Peas Guisantes Orange Naranja Potato Patata Banana Plátano Peppers Pimientos Pear Pera Onion Cebolla Meat Carne Lettuce Lechuga Lamb Cordero Bread Pan Beef Carne de vaca Rice Arroz Pork Cerdo Pasta Pasta Ham Jamón Butter Mantequilla Bacon Panceta/Beicon Jam/preserve Mermelada Chicken Pollo Eggs Huevos Fish Pescado Cheese Queso Tuna Atún Oil Aceite Cod Bacalao Salt Sal Sea food Marisco Sugar Azúcar Vegetables Verduras Yoghurt Yogur Cabbage Repollo Biscuits Galletas Carrot Zanahoria Cereal Cereales Mushroom Champiñón Chocolate Chocolate Spinach Espinaca

Body/Health I have diarrhoea I need to see the Doctor I have spots I require medical assistance for the following reasons… I have a rash It is urgent I am diabetic I don‟t feel very well I am epileptic I am bleeding I have a pain in my… Necesito ver a un médico Mild pain Necesito ayuda médica por las siguientes razones… Severe pain Es urgente I have a cold/flu No me siento muy bien I have a sore throat Estoy sangrando I have a fever Me duele el/la… I am allergic to… Dolor moderado I am having problems breathing Dolor fuerte I have a cold Tengo un resfriado/gripe I have an upset stomach Me duele la garganta I am constipated Tengo fiebre Soy alérgico a…

Not protectively marked 47 Information Pack for British Prisoners in Ecuador Not protectively marked Tengo problemas al respirar Tengo problemas del corazón Me duele el oído Tengo catarro Me duele la cabeza Me duele el estómago Tengo calambres Tengo problemas en los ojos Estoy estreñido/a Necesito que me examinen los ojos Tengo diarrea Estoy embarazada Tengo la tensión alta/baja Tengo granos Tengo el colesterol alto Tengo un sarpullido ¿Tienes algo para…? ¿Tienes una venda? Soy diabético/a ¿Tienes una tirita? Tengo epilepsia

I have heart problems Necesito ver al dentista I have ear ache Me duele una muela/un diente Tengo una muela/diente rota/o I have a headache Un empaste I have cramps Caries Un diente (front)/Una muela(back) I have problems with my eyes La muela del juicio 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 terms I need to see the dentist I have toothache I have broken a tooth A filling Tooth decay A tooth A wisdom tooth

Not protectively marked 48

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/treatment Painkiller Analgésico Antibiotics Antibiótico Analgesics Analgésico Aspirin Aspirina 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

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Vaccine Vacuna Bandage Venda

Human Body

The 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

Health problems An illness Una enfermedad A pain Un dolor An injury/wound Una herida An infection Una infección Abscess Absceso Angina Angina de pecho

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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 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

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DISCLAIMER

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

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

The Consular Section of the British Embassy in Quito is not accountable for the Information provided in this booklet. Local proceedings are subject to change at any time.

Thank you.

(5 May 2014)

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