If you are arrested or gaoled overseas, you should…

Contact the Australian Consul.

A number of Australian citizens are arrested overseas every year. It can be a bewildering experience. Under the Vienna Convention on Consular Relations, which is the generally accepted standard for all countries, a person who has been arrested outside their own country must have access to their consular representative. If you find yourself in this situation, you should immediately ask to be put in touch with your Consul.

Remember the Consul and consular staff are there to assist you and are interested in your welfare. They are not judgmental. It is the job of the local courts to decide on your innocence or guilt. Even if you are found guilty, your Consul will continue to help you and you should not feel embarrassed in your dealings with the Consul. The Department will also help members of your family to the extent that is possible.

What your Consul can do for you
In If yo are arrested, the Consul can:

VISIT you as soon as possible after notification of your arrest and after permission to visit you is granted by the local authorities.
GIVE you some general information about the legal system of the country you are being held in. Information may include details on legal aid (if available) and prosecution, remand, bail and appeal procedures, so that you will understand what is happening and be aware of your rights.
GIVE you a list of lawyers. (The Consul cannot make recommendations as to which lawyer you should choose.)
ARRANGE for your next-of-kin to be notified of your arrest, if you wish. (If you do not want your family notified, your request will be respected and the Consul will withhold information about your situation from your family and friends in accordance with the Australian Privacy Act. You should, however, consider the distress which uncertainty about your whereabouts and/or situation may cause your family and the disadvantages of their being kept in ignorance of your position. There is also the possibility of your family finding out about your situation from media reports in Australia.)
ASSIST you to make arrangements to receive funds from your family and maintain contact with them regarding your welfare.
APPROACH local authorities to request that your basic needs are met and that humanitarian standards of treatment are respected.
OBJECT if you are treated less favourably than local citizens arrested for similar offences, or if you are subjected to cruel or degrading treatment.
TAKE UP any justified and serious complaint about ill-treatment or discrimination with the police or prison authorities and advise your lawyer on this aspect. The Consul will not take up a complaint unless you want this to be done and you should discuss any problems you may have with the Consul. If you wish, you should ask for meetings with your Consul to be in private, out of the hearing of a prison or police official (but this request may not always be granted by the prison authorities).
TELL you about the local prison system, for example about visiting arrangements, mail and censorship, privileges and social and welfare services (including the possibility of your working in the prison).
ARRANGE a loan from the Australian Government if you are destitute and if adequate medical attention, food and other essentials (such as clothing, soap and so on) are not provided by the prison and if your family and/or friends are unable to provide financial assistance. Arrangements must be made for the repayment of the loan, which can take effect after your release from prison. You are not entitled to Medicare provisions if you are overseas (irrespective of whether you are in gaol). Discuss your financial situation with the Consul.
ENSURE that any medical or dental problem you have is brought to the attention of the prison doctor/dentist.
ATTEND your trial in Court as an observer if approved by the local authorities.

In the longer term your Consul Can:
ASK the Department of Foreign Affairs and Trade to arrange counselling for your family if they would like it.
ASK the Department of Foreign Affairs and Trade to check on the welfare of your family and enquire if they need assistance from Australian authorities. This does not mean that the Department will be able to arrange such assistance but it will do what it can to help your family if they are in need of support.
CONTINUE to visit you. The frequency of these visits will depend on various factors such as the length of sentence, how far the prison is from the Consul's office, the seriousness of your situation and so on. Most importantly, visits will depend on the Consul obtaining the necessary local Ministry approval and prison clearance prior to any official visit.
ASSIST you to change your lawyer if you are not satisfied with your existing arrangement, but this will depend on the circumstances, e.g. it may not be feasible if the lawyer is court-appointed. The choice of lawyer rests with you.
ASSIST in making banking or other arrangements so that monies deposited by your family or others will reach you.
GIVE you information about the prospects for your transfer to a prison in Australia if you have been sentenced to a term of imprisonment.Please note, however, that Australia has no arrangements to enable the transfer of prisoners to Australia at this time. Furthermore, it is a common requirement of such arrangements that a prisoner must serve a minimum period in prison in the sentencing country before being eligible for transfer to their homeland.
SUPPORT an application for a pardon when you have served a sentence approximately equivalent to the sentence that would have been served had the offence been committed in Australia. The granting of a pardon is entirely a matter for the authorities of the country in which the person has been imprisoned.
PUT you in touch with the Prisoners Aid Association of your State to assist in reintegration into society on your return to Australia.

What your Consul cannot do for you
GET you out of gaol.
GET you legal advice.
PAY for a lawyer's services, instigate court proceedings on your behalf or interfere in local judicial procedures to get you out of prison or get an early trial.
GET better treatment for you than is provided for local or other nationals.
GET bail for you.
PAY your fines.
CONDUCT investigations related to an offence.
SUPPORT you financially in prison except through the provision of a prisoner loan. If you are unable to pay essential costs yourself or earn money by working in the prison, you will have to contact your family or friends for financial support. If, however, you are destitute and without the support of family or friends, you may qualify for a prisoner loan from the Australian Government (see the section on what your Consul can do for you above).

Dual nationals

If you are a dual national in the country of your other nationality the assistance which Australian consular representatives can give you may be limited. That is, even if you are an Australian, if you also possess the nationality of the country in which you have been detained or arrested, the Consul's ability to assist you may be restricted in accordance with a strict interpretation of international law. It is possible, however, that the local authorities will allow the Consul to assist you. You should ask for access to your Consul in such circumstances and press the prison, court or police authorities for such access to the extent possible.

Information for relatives of Australian prisoners overseas

You may find the situation of your relative or friend who is in gaol overseas distressing. It may also bring hardship for you, especially if you were relying on that person for support and/or they now rely on you for financial assistance while in prison overseas.
You should contact the Consular Operations Section of the Department of Foreign Affairs and Trade in Canberra on (02) 6261 3305 or you can telephone from anywhere in Australia for the cost of a local call on 1 300 555 135. If it is out of hours and you feel the matter cannot wait, you can ring the Department's 24-hour emergency consular service on the same number. Or you can fax the Consular Operations Section on (02) 6261 3491. You can write to:
Consular Operations
Department of Foreign Affairs and Trade
R. G. Casey Building
Barton ACT 0221.
You should feel free to contact the Department. Its staff are there to help you and they want to do this to the extent that they can. In return, they ask that you respect their efforts to assist you and understand that their primary client is the person who has been arrested or is in gaol. It may be that that person will not want the Department to convey information to you. If the Department cannot do something that you would like it to, its officers should explain why this is so and what it is that you can expect from them.

Money for prisoners

Arrangements for making money available to prisoners abroad vary from country to country. In some cases, prisoners have access to banking facilities. If not, the Australian Government may be able to assist you to transfer money to the prisoner.

Visiting the prisoner in Gaol

Arrangements for this vary from country to country. Relatives should make arrangements to visit the prisoner before starting off on a long journey. The Consular Operations Section of the Department of Foreign Affairs and Trade in Canberra will be able to help in this and in relation to what relatives may take to the prisoner by way of parcels.

LIST OF LOCAL ENGLISH SPEAKING LAWYERS

Dr. César Sparrow
Estudio Sparrow, Hundskopf & Villanueva Abogados
Lord Nelson 355
Miraflores, Lima 18
Phone: (51-1) 221-2550
Fax: (51-1) 442-2271
www.shv-abogados.com

Dr. Alvaro Llona
Estudio Llona & Bustamante Abogados
Jiron Francisco Masias No. 370
Floor 7, San Isidro, Lima 27
Phone: (51-1) 221-2634
Fax: (51-1) 442-7697
(no website)

Dr. Frank Berninzon
Camino Real 390
Torre Central, Of. 801
San Isidro, Lima 27
Phone: (51-1) 222-5252
www.blmblegal.com

Dr. Gonzalo Ferrero Diez Canseco
Estudio Ferrero, Lema, Solari & Asociados
Los Angeles 340
Miraflores, Lima 18
Phone: (51-1) 617-9000
Fax: (51-1) 617-9010
www.efdc.com.pe

Carrera, Pinatte&Baca-Alvarez Abogados
Calle Carlos Tenaud 370
Miraflores, Lima 18
Phone: (51-1) 441-6240
Telefax: (51-1) 441-6293

Mazuelos & Abogados
Av. Los Conquistadores 396, Of. 209
San Isidro, Lima 27
Phone: (51 1) 621 3030
Fax: (51 1) 421 0212
www.mazuelosabogados.com

Estudio Roger Yon
Los Nogales 345
San Isidro, Lima 27
Phone: (51 1) 422 1610
Fax: (51 1) 221 2480