I have been arrested abroad. What should I do?

Know your rights

Your rights upon arrest will depend on the laws and practices of the country you have been arrested in. Your first step after arrest must be to get information about these rights:

• Ask arresting officers to explain your rights to you in a language you understand.
• Ask for a written statement of your rights in your own language. This may not always be available as not every country provides written information on rights.
• When necessary, ask questions to clarify your rights with the arresting officer, or your lawyer when you speak to him/her. For example, you should ask:
   Do I have a right to a lawyer? Will the state provide me with a lawyer and pay for this?
   When can I see my lawyer?
   Do I have a right to remain silent during police interrogation? Could my silence be used against me in the criminal proceedings, for example, referred to at my trial?
   Do I have a right to a state-funded interpreter and to a translation of all (or some) written documents from the time of my arrest?
   What right do I have to consular assistance?
   Do I have a right to contact my family?
   How long can I be held by the police before I will be taken before a judge?
• Your consulate or embassy should be notified of your arrest. You should clarify the following with arresting officers:
  o Has your embassy been notified of your arrest?
  o If not, when and how will your embassy be notified of your arrest?
  o Can you contact your embassy?
  o Will they be allowed to visit you?

Share important details of your arrest with friends and/or family

If you can contact your family make sure you tell them anything important, including:
o Date and place of arrest;
o Where you are being detained (include your prisoner number if possible);
o The names of arresting officers (if possible);
o The reason for your arrest and charges against you;
o Important dates and time-limits in your case (see below);
o The name and contact details of your lawyer (if you have one) and of your consular representative.

Please Note: In some countries you may not be able to share this information with family members. If this is the case pass these details on to someone you can trust to forward to your family (this may sometimes include your prison social worker, your consular representative or your lawyer).

Decide which family member will be in charge of your case and will be the main point of contact for your lawyer or others that may be helping you. You should also agree what decisions you are happy for them to take on your behalf. This may be particularly relevant where it is difficult for your lawyer to keep in regular contact with you and where your lawyer can be contacted more regularly by your family.

Instruct a lawyer

The single most crucial thing to do after arrest is to obtain legal advice from a competent local lawyer. However, do not be rushed into appointing a specific lawyer on the advice of anyone with a vested interest in the case. You may wish to ask your family and friends to help you find a good lawyer. Your embassy may also be able to help by, for example, providing you with a list of local lawyers who speak your language.

Make the most of the time with your lawyer

• Take full advantage of your first meeting with your lawyer and ask him/her all relevant questions (refer to questions 1 and 21-24) as soon as you have an opportunity to speak to him/her. Do not wait until your next meeting with a lawyer as in some countries your lawyer may be unable to visit you soon, even if s/he says s/he will. It can be helpful to write down the questions beforehand and make notes of the answers during your meeting. Check with your lawyer if these notes could be taken by police or prison officials and used against you.
• Give your lawyer all the information you think will help with your defence and ask him/her what other information will make your case stronger.
• Make your lawyer aware of any evidence that may need to be preserved before it is lost (for example CCTV evidence, flight records or hotel records). You should also tell your lawyer if there are any witnesses who can support your defence as soon as possible so that if they are non-resident, s/he can contact them before they leave the country.

Use an Interpreter

Do not rely on your knowledge of the foreign language unless you are completely fluent. Tell the arresting officers and your lawyer that you need an interpreter.

• Some countries provide state-funded interpreters for arrested persons. You should ask your lawyer, or the arresting officers, if the state will provide you with an interpreter. When an interpreter is not provided for you by the state you should instruct a privately-funded interpreter (your consulate may be able to provide you with a list of interpreters).
• Ask family and friends to assist you with this immediately. You must ensure the interpreter is independent and, ideally, professionally qualified.
• Be wary of people who are not professional and independent interpreters when they offer to interpret for you.
• Do not take legal advice from interpreters or let them influence the way your case progresses. You should base all your decisions on advice from your lawyer, even if you have to wait for this advice.

Be wary of fellow prisoners

Fellow prisoners can be a great source of comfort. However, in some countries, other prisoners may lie to you or, even with the best intentions, give you incorrect information they have received from an unreliable source. They may also pass sensitive information on to the police in exchange for a reduction in their sentence. As a general rule, do not share information about your case with fellow prisoners or rely on any legal advice they give you.

This is not a substitute for legal advice and, because every case is different and legal systems around the world vary so much, we cannot guarantee that the answers will be applicable to your own case. For advice about your own situation, you should talk to a lawyer qualified in the jurisdiction where you are being prosecuted.

The information contained in this document is provided for information purposes only and is not intended as legal advice, nor does it constitute legal advice. Whilst we endeavour to keep the information up to date and correct, Fair Trials International makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or applicability to individual cases of the information contained in this leaflet. Any reliance you place on such material is therefore strictly at your own risk. Fair Trials International disclaims any liability to the fullest extent permissible by law for any loss or damage of any kind arising from the use of the information provided.

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