information pack for british prisoners in senegal · 2018-05-17 · information pack for british...

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1 Information pack for British Nationals in Senegal Information Pack for British Prisoners in Senegal Author British Embassy Dakar Date 15 MAY 2018 Contents Introduction Who can help?.......................................................................................................................4 About the Embassy........................................................................................................... 4 Who are the Consular Representatives? ........................................................................... 4 Contact Information........................................................................................................... 4 FIRST STEPS Who will know that I have been detained?..........................................................................................5 What will my family be told? .................................................................................................................5 What will the Embassy do? ....................................................................................................................5 I have a criminal record in the UK?.......................................................................................................5 THE SENEGALESE JUDICIAL SYSTEM........................................................................................................6 PRISON CONDITIONS / SERVICES..............................................................................................................6 Legal Representation......................................................................................................................7 Visits ................................................................................................................................. 8 How do my family and friends arrange a visit? ................................................................... 8 Consular Visit...................................................................................................................... 8 What can visitors bring along.............................................................................................. 8 Arrival at police station........................................................................................................ 8 Arrival at prison.................................................................................................................... 8 General Prison Conditions.................................................................................................. 8 How can I receive money? ................................................................................................ 9/10 Can I work or study in prison? ........................................................................................... 11 Can I receive medical and dental treatment? ..................................................................... 11 Food and Diet.................................................................................................................... 11 The prison provides three meals a day. The meal is composed essentially of rice. However family and friends often provide meals for detainees. A good system is set up to make sure each detainee gets the meals sent by family and friends. If you do not have family or friends but do have money to pay for somebody to cook for you this is also allowed and you can receive your meals........................................................................... 7 Mail/Parcels....................................................................................................................... 11 Can I make telephone calls? ............................................................................................. 12 Leisure and entertainment ................................................................................................. 12 Drugs.................................................................................................................................. 12 Is the system the same as the UK? ................................................................................... 12 What should happen when I am arrested? ........................................................................ 12 For how long can I be remanded in custody?..................................................................... 12 What happens when I am charged? .................................................................................. 13 What provision is there for bail?......................................................................................... 13 What kind of legal assistance is available.?........................................................................ 13

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Page 1: Information Pack for British Prisoners in Senegal · 2018-05-17 · Information Pack for British Prisoners in Senegal Author British Embassy Dakar Date 15 MAY 2018 ... A list of English

1 Information pack for British Nationals in Senegal

Information Pack for British Prisoners in Senegal

Author British Embassy Dakar Date 15 MAY 2018 Contents Introduction Who can help?.......................................................................................................................4 About the Embassy........................................................................................................... 4 Who are the Consular Representatives? ........................................................................... 4 Contact Information........................................................................................................... 4 FIRST STEPS Who will know that I have been detained?..........................................................................................5 What will my family be told? .................................................................................................................5 What will the Embassy do? ....................................................................................................................5 I have a criminal record in the UK?.......................................................................................................5 THE SENEGALESE JUDICIAL SYSTEM........................................................................................................6 PRISON CONDITIONS / SERVICES..............................................................................................................6

Legal Representation......................................................................................................................7 Visits ................................................................................................................................. 8 How do my family and friends arrange a visit? ................................................................... 8 Consular Visit...................................................................................................................... 8 What can visitors bring along.............................................................................................. 8 Arrival at police station........................................................................................................ 8 Arrival at prison.................................................................................................................... 8 General Prison Conditions.................................................................................................. 8 How can I receive money? ................................................................................................ 9/10 Can I work or study in prison? ........................................................................................... 11 Can I receive medical and dental treatment? ..................................................................... 11 Food and Diet.................................................................................................................... 11 The prison provides three meals a day. The meal is composed essentially of rice. However family and friends often provide meals for detainees. A good system is set up to make sure each detainee gets the meals sent by family and friends. If you do not have family or friends but do have money to pay for somebody to cook for you this is also allowed and you can receive your meals........................................................................... 7 Mail/Parcels....................................................................................................................... 11 Can I make telephone calls? ............................................................................................. 12 Leisure and entertainment ................................................................................................. 12 Drugs.................................................................................................................................. 12 Is the system the same as the UK? ................................................................................... 12 What should happen when I am arrested? ........................................................................ 12 For how long can I be remanded in custody?..................................................................... 12 What happens when I am charged? .................................................................................. 13 What provision is there for bail?......................................................................................... 13 What kind of legal assistance is available.?........................................................................ 13

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2 Information pack for British Nationals in Senegal

You can employ a lawyer for yourself anytime after your arrest. A list of English speaking lawyers comes with this information sheet. If you hire a private lawyer, she/he will expect you to make a cash advance on the estimated fees before she/he will take your case on. The Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them. If you cannot afford a private lawyer, the court may appoint one (for criminal cases only and on request). As in any country, some lawyers are better than others (paying high fees does not guarantee that you will get a good lawyer). Once a lawyer is identified, ensure to get his/her full name and business card. It may be sensible to agree a flat fee for the whole case before they begin work or you might find yourself facing extra expenses. Make sure you get a receipt for any payment and a commitment to keep you informed about the progress of your case, and by providing you a copy of the judgment as soon as possible. 9 What happens at the trial? ................................................................................................. 13 Sentences ......................................................................................................................... 13 How can appeals be made? .............................................................................................. 13 What provision is there for early release e.g. on parole? ...................................................13 What provision is there for clemency or pardon? ............................................................. 14 What about any financial penalties? ................................................................................ 14 Is transfer to another prison within Senegal possible? ..................................................... 14 Is transfer to the UK a possibility? ................................................................................... 14 What are the procedures for release and deportation? .................................................... 14 Prisoners Abroad ..................................................................................................................14 Glossary and Useful terms.....................................................................................................15/16 Disclaimer

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Introduction This guide aims to explain the Senegalese legal and prison system to British Nationals who are imprisoned in Senegal and to their next of kin. 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 duties is to provide help and advice to any British National who gets into difficulty in a foreign country. About the Embassy We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than other prisoners. We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British Embassy for your convenience, but neither Her Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given. We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime. We have tried to make sure that the information in this booklet is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer. Who are the Consular Representatives? Theowen Gilmour Consul Email: [email protected] Ibrahima Diallo Consular Assistant Email: [email protected] Diane Nkeze Consular Assistant Email: [email protected] Contact Information British Embassy 20 Rue Docteur Guillet Dakar, Senegal Tel: +221 33 823 73 92/ +221 33 823 99 71 Email: [email protected] Website: ukinsenegal.fco.gov.uk/en Embassy Working Hours: Monday to Thursday: 08.00h – 16.30h Friday: 08.00h – 12.30h Consular Working Hours Monday to Thursday 09:00 – 11:00

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Who will know I have been detained? When a British citizen is arrested and detained in Senegal, the Senegalese authorities through the Ministry of Foreign Affairs must inform the Embassy as soon as possible. But this is not always the case. It is your right that the British Embassy is informed as soon as possible. What will my family are told? For confidentiality reasons, we are not allowed to tell anyone that you are detained or what the charges are without your permission. In Senegal once you are arrested and detained, you do not have the right to make a telephone call. However should you wish to inform your family, we are able to make contact with them through colleagues in the Foreign and Commonwealth Office (FCO) in London? We can inform them of prison procedure and regulations and let them know how you are doing. We can also pass on messages from you What will the Consulate do?

The British Consulate aims to make contact with you within 24 hours of being notified of your arrest. Subject to where in Senegal you have been detained, we will try and visit you as soon as possible, preferably within 48 hours.

We will give you a prisoner’s information pack which includes a list of Senegalese lawyers, FCO leaflets on ‘In Prison Abroad’.

We will answer any questions you may have.

We can help you obtain money through friends or family. If they wish to transfer you money, we can tell your family or next of kin how to do so through the FCO in London. Your friends or family can contact the Foreign and Commonwealth Office in London on 020 7008 1500 The Foreign and Commonwealth Office Desk Officer for Senegal WH4.8 Consular Directorate King Charles Street London SW1A 2AH

We will take up any complaints you have about your treatment with the local authorities. Please bear in mind we cannot get you better treatment than other prisoners.

We regret that we cannot look after your personal belongings or valuables. These will be stored by the police or prison authorities.

Consular Officers will do everything in their power to ensure you are treated fairly. However, we cannot give or pay for legal advice, instigate court proceedings on your behalf, or interfere in local judicial procedures to get you out of prison or secure for you an earlier trial.

We can put you in touch with prisoners’ welfare charity called Prisoners Abroad.

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

If you are a British national in prison in Senegal and you also hold Senegalese nationality the British Embassy can only provide assistance in exceptional circumstances.

Would I have a criminal record in the UK? You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that

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information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

THE SENEGALESE JUDICIAL SYSTEM Is the system the same as in the UK? In short, it is not. The way your case is dealt with depends on the reason of arrest and how serious the offence is. You are entitled to legal representation through a lawyer as soon as you are arrested. When accused and arrested, you stay in prison pending further investigation. For cases requiring no further collection of evidence (Flagrant Délit), the Attorney General will work with the judges involved in the case and the sentence will be pronounced after one or more hearings. These cases are generally dealt with rather quickly. There will be hearings to establish the facts. The case will then be judged and the sentence pronounced. You may in these cases request release on bail. For more serious crimes such as murder, the investigation will take longer and during the process you will be detained. However as long as you are not pronounced guilty, you are a defendant. Once you are pronounced guilty, you become a convicted prisoner. If you dispute the sentence, you can appeal through your lawyer. Like in many judicial systems, a jury will sit only at criminal court. Remember, you should never sign anything you cannot read. If you find yourself under pressure to sign, ask to speak to the British Embassy or your lawyer. Remember also that the judicial system is very bureaucratic, procedures can take long and lawyers’ charges are high. PRISON CONDITIONS AND SERVICES General prison conditions How many prisons are there in Senegal and what’s the latest prisoner statistics? There are 37 prisons in Senegal for about 3000 places. But at the end of 2011, there were 6.700 inmates. It proves that there is a real problem of overcrowding. 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. Clothe- washing is possible at large outside sinks. Clothes lines are also available. Prisoners can pay between US$0.10-0.25 per item if they pay someone else to clean their clothes. Prisoners are confined to their cells for around 10 hours a day. Prisoners are allowed out of their cells between 7h to 18h30. The roll call is at 7h30 and again at 12h15. But depending on the prison and the number of prisoners, the hours can change. Even though permanent searches to confiscate weapons are carried out, the latter are in free circulation inside prisons. If you experience serious harassment, threats or violence you should report this to the Embassy as soon as possible. Extortion is a big problem, especially against foreign prisoners. Corruption is still perceivable at any level: either legal or penitentiary. 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.

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Legal Representation Consular staff cannot give legal advice. You can employ a lawyer for yourself at any time after your arrest; a list of lawyers comes with this information sheet. If you hire a private lawyer, she/he will expect you to make a cash advance on the estimated fees before she/he will take your case on. The Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them. If you cannot afford a private lawyer, the court may appoint one for criminal cases only, and on request. 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 as soon as possible. Visits How do my family and friends arrange a visit? Visits are allowed on certain days of the week (usually Tuesday and Thursday) and a visit permit must be obtained from the Tribunal in central Dakar. Visitor must identify themselves when they arrive at the prison by showing an identification document containing a photograph. Each visitor is given an entry number. The visits take place in a crowded noisy area and last only a few minutes. You are allowed visits as long as the permit is valid. Consular visits: We aim to visit you every quarter while you are under trial, though may visit more often if it is necessary or in an emergency. If you are convicted we may visit less often (Every 3-4 months) but will make an assessment of your vulnerability before deciding this. During Consular visits, you will be called to the prison administration offices and we can discuss any issues you may have. With your permission we will raise with the prison authorities any concerns you may have regarding your health, welfare and treatment. We can also relay any messages you have to your family. What can visitors bring along? Visitors can bring along “prison comforts”. All bags and parcels are searched before entry and the authorities have the right to withhold items they deem to be unacceptable. The prison authorities will not allow the following items into prison: Razors, knives, scissors, sharp object, computers, laptops, drugs, guns, tobacco, cigarettes, alcohol, cans, glass, metallic items, caps, sunglasses, porn magazines, mobile phones and mobile phone cards. This list was prepared with information from different prisons and therefore there may be other items forbidden. We will advise of these as we become aware. Arrival at police station: The Penal Procedure Code does not provide for the police to read rights on arrest. However it requires that reasons of arrest should be given. An accused person may initially be held in custody for 48 hours. - If this is extended for a further 48 hours then you must then be notified of your right to appoint a lawyer and to be examined by a doctor. (Article 55, section 9 of the penal Procedures Code). There is no provision in the Penal Procedures Code allowing you to immediately appoint a lawyer on arrest. While at the police station, the police gather evidence and may ask the person in custody to give all the evidence he has. Police will interrogate everyone needed, including the person in custody. The Penal Procedures Code does not specify that you have the right to remain silent until you get a lawyer and proper legal guidance. But nothing obliges the arrestee to respond when/if he does not feel it relevant. In practice, the police will appoint an interpreter if needed. Remember you should never sign anything you cannot read.

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Arrival at prison General prison conditions There are 37 prisons in Senegal with around 3000 places. But the number of inmates is estimated to be much higher than that. There is a real problem with overcrowding. The 7 number of inmates to each cell depends entirely on the size of the cell and the number of prisoners in that particular prison. Women’s‟ prisons are separate to the men’s. You should not expect to have your own cell. Each cell has a toilet and wash basin. Showers are mostly shared. There is no provision for hot water. Laundry may be done at large outside sinks. Prisoners can pay US$0.10-0.25 per item if they pay someone else to clean their clothes. Prisoners are confined to their cells around 10 hours a day. They are allowed out of their cells between 07 am and 6.30 pm. The roll call is at 07.30 and again at 12.15. But the timings can change depending on the prison and the number of inmates. Even though permanent searches to confiscate weapons are carried out, they are in free circulation. Extortion is a problem and you may be asked for bribes. If you experience serious harassment, threats or violence you should report this to the prison officials or to the Embassy. How can I receive money? In Senegalese prisons you will likely need to pay for everything. However we strongly advise prisoners not to make it obvious if they have access to regular funds (keep cash deliveries to a minimum, always make them through the Embassy; advice visitors and family not to send expensive gifts or large parcels. Prisoners Abroad can help prisoners who have no financial support by sending a monthly grant via the Embassy for the purchase of food and other essentials. If you need money from your family or friends, they can deposit it via us by following the instruction below:

Instructions on how to get funds transferred to you

OPTIONS TO TRANSFER FUNDS TO BRITISH NATIONALS OVERSEAS VIA THE FOREIGN AND COMMONWEALTH OFFICE

Please note that we can only advance funds to the person overseas once your payment has cleared in our account. 1. Electronic Bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

Payment Method Further Details

Electronic Payment Made via BACS, CHAPS or Bank Transfer

***Ensure a relevant bank reference is added to every payment*** Account Name: FCO Multi Vote Bank Address: National Westminster Bank, London Corporate Service Centre, CPB Services, 2nd Floor, 280 Bishops gate, London, EC2M 4RB Sort Code: 60-70-80 Account No.: 10012362

Credit or Debit Card To pay by card please call +44 (0)1908 716696 (8355 6696). A 2% handling fee will be charged on all Credit Card transactions over £500. We are currently unable to accept American Express.

Foreign Currency Account Name: FCO Multi Vote

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Payment Bank Address: National Westminster Bank, London Corporate Service Centre, CPB Services, 2nd Floor, 280 Bishops gate, London, EC2M 4RB IBAN: GB56NWBK60708010012362 SWIFT/BIC: NWBKGB2L

2- By Post Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign and Commonwealth Office”. They should be sent to:

Accounts Receivable Foreign and Commonwealth Office Corporate Service Centre PO Box 6108 Milton Keynes MK10 1PX

We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the FCO case reference number. You may wish to use the payment slip on the next page.

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

Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the FCO case reference number, on the back of the cheque.

We are unable to receive payment by credit or debit card, or by cash. To: Foreign and Commonwealth Office FCO case reference number: Date: Please find enclosed funds for: Full Name: Country/place the above is in: Amount enclosed: Fee to be deducted: Payment method: My name is: My address is:

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Can I work or study in prison? Once you have been sentenced you can apply for work. Part of the salary you earn will be given to you. To prepare for rehabilitation and for those serving long sentences, you can take up activities inside the prison that can generate money for the community e.g. making handicrafts which are sold. Young people can take up training in various fields (carpentry, mechanic, carving, metal work and sewing). Can I receive medical and dental treatment? Medical facilities inside the prison are limited. In case of serious illness, you will be taken to the government hospital where treatment is free of charge. Food and Diet The prison provides three meals a day. The meal is composed essentially of rice. However family and friends often provide meals for detainees. A good system is set up to make sure each detainee gets the meals sent by family and friends. If you do not have family or friends but do have money to pay for somebody to cook for you this is also allowed and you can receive your meals. Mail/Parcels According to the articles 240, 241 and 242 of the Annex III of the Penal Procedures Code, you can send and receive no confidential letters. All letters are opened and checked by prison staff before they are given to prisoners. Family and friends may send mail to the Embassy on your behalf will be brought to the prison at the next consular visit; however we may not be permitted by the prison authorities to hand it directly to you. We may open mail received at the Embassy to check for prohibited items but we will not read the contents. The Embassy is not able to forward mail on your behalf back to the UK. Can I make telephone calls? Only convicted detainees are allowed to make telephone calls in prison but they cannot receive them. Other prisoners can neither make nor receive telephone calls. Leisure and entertainment Learning the language: Speaking French or Wolof, the main local vernacular will help you understand what is going on around you and help you communicate your needs. If you have the funds to buy learning material, the Embassy can help you buy them. Consular staff may be able to make donations of English books/magazines to prisoners when they visit depending on what is available. Drugs Drug abuse is a problem in some prisons. If you are caught holding or taking drugs, punishment can be severe. If you inject drugs you also run the risk of contracting serious blood-borne infections, like AIDS and hepatitis. However cigarettes are allowed. How can I make a complaint about mistreatment? 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. You may do so during one of our consular visits or by writing to us. Is the system the same as the UK? In short it is not. Cases are dealt with depending how serious the offence is. You are entitled to legal representation as soon as you are arrested. However they tend to notify you of this after the 48 hours of initial detention. The usual language of the courts is French. If a translator is needed, you will need to arrange for one through your lawyer. If you cannot afford a lawyer, a pro-bono lawyer will be appointed and the court will organise the service of a translator. There is no jury system in Senegal. There are professional judges who sit either in Departmental or Regional Courts together with the prosecutor and the registrar. The documents related to the case and the evidence is submitted to the judge after being communicated to all the parties concerned, including the Prosecutor.

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What should happen when I am arrested? When arrested, it will depend on the cause of arrest. If criminal charges are held against you, the process will be longer depending on how fast your lawyer moves. If the charges are minor, the case will be judged fairly quickly. In both cases you will need a lawyer and will be remanded in prison. The judicial system is very bureaucratic, procedures can take a long time and lawyer’s charges can be high. For how long can I be remanded in custody? It will depend on the nature of the charge against you and on the seriousness of the crime. The way your case is dealt with depends on the reason of arrest and how serious the offence is. For cases requiring no further collection of evidence („flagrant delit‟) the Attorney General will work with the judges involved in the case and the sentence will be pronounced after one or more hearings. These cases are usually dealt with fairly quickly. There will be hearings only to establish the facts. The case will be judged and the sentence pronounced. You may in these cases request release on bail. It is your right to request release on bail, however foreigners are never granted bail. For serious crimes such as murder, the investigation will take longer and during the process you will be detained in prison. However as long as you are not pronounced guilty, you are a defendant. Once you are pronounced guilty you become a convicted prisoner. What happens when I am charged? You should contact your legal adviser. If you do not have a lawyer this can cause considerable delay to your case. Eventually your case may be decided upon by a judge without the presence of a lawyer. In case of extreme poverty where it is established that you visibly cannot afford a lawyer, the state will let you have recourse to judicial assistance by appointing a pro-bono lawyer to assist you. What provision is there for bail? There is no provision for bail for foreigners. What kind of legal assistance is available? You can employ a lawyer for yourself anytime after your arrest. A list of English speaking lawyers comes with this information sheet. If you hire a private lawyer, she/he will expect you to make a cash advance on the estimated fees before she/he will take your case on. The Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them. If you cannot afford a private lawyer, the court may appoint one (for criminal cases only and on request). As in any country, some lawyers are better than others (paying high fees does not guarantee that you will get a good lawyer). Once a lawyer is identified, ensure to get his/her full name and business card. It may be sensible to agree a flat fee for the whole case before they begin work or you might find yourself facing extra expenses. Make sure you get a receipt for any payment and a commitment to keep you informed about the progress of your case, and by providing you a copy of the judgment as soon as possible. What happens at the trial? After your identification, the judge will state the charges and ask if you accept them or not, that is to say if you are pleading guilty or not. After having listened to your answers, you will be asked your version of the facts and the evidence. After the debates, the judge will pronounce the sentence either immediately or a few days later. Sentences The Penal Code provides minimum and maximum sentences for different offences. It can be imprisonment or fines, or both imprisonment and fine. There is no death penalty in Senegal. How can appeals be made? Article 483 of the Penal Code provides for the right of appeal. Article 485 and 490 explain that this is done by declaration to the Registry of the jurisdiction that rendered the decision within 30 days after the pronouncement of the sentence. The appeal can be made by the convicted or his lawyer

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at the Registry of the Tribunal or residence of the appealing person or at the Detention centre if the appellant is kept in jail. What provision is there for early release e.g. on parole? Article 699 of the Penal Procedures Code provides early release on parole for convicts who serve half of their sentence and have proven that they can be rehabilitated into society. What provision is there for clemency or pardon? The President of the Republic of Senegal has the power to grant early release to prisoners on major holidays. This depends on the seriousness of the crime committed and behaviour whilst in prison. The Director of Prison puts up names for proposal to Presidential Grace. What about any financial penalties? They should be paid voluntarily otherwise the plaintiff can force you to pay. If you are unable to pay cannot pay but the plaintiff insists on payment, he will be retained until he pays. Is transfer to another prison within Senegal possible? When the CA(?) has been judged and the sentence pronounced, the prisoner may apply for a transfer. However this cannot be done after you have been convicted. Is transfer to the UK a possibility? No. There is currently no prisoner transfer agreement between Senegal and the UK. What are the procedures for release and deportation? According to Article 182 of Annex III of the Penal Procedures Code, the process of release is the following: 1) The reasons are notified to the person concerned by the Registry of the Prison

2) An order of exit is issued and remitted to him. Deportation is an administrative procedure. The persons to be deported are kept at the Police Station until the administration gets enough people to deport. They are then taken to the nearest border and given money to go home. 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. PA 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, if you wish. In order to access any PA services, prisoners must first register with PA by signing and returning their authorisation form. Once you seek help from PA, 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:

the criminal justice system of the country

prison conditions and your rights as a prisoner

obtaining magazines, newspapers, books

finding a pen pal

the language of your country of imprisonment

translation of documents

providing a grant for essential medicines and toiletries

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Prisoners Abroad 89 – 93 Fonthill Road London N4 3JH England Telephone: 00 44 (0)20 7561 6820 (Mondays to Fridays 9.30 am to 5.30 pm) Email: [email protected] Website: www.prisonersabroad.org.uk Lists of English-Speaking Lawyers The following list of lawyers has been prepared by the British Embassy Dakar for the convenience of British Nationals who may require legal advice and assistance in Senegal. It is provided on the understanding that we (the British Embassy) do not assume or undertake any legal responsibility, to you, or those affected, if you choose to take it into account when instructing a local lawyer. Further and alternatively, we cannot accept any liability to any person or company for any financial loss or damage arising from the use of this information or from any failure to give information. Our aim is to provide our customers with as much relevant information to enable them to make better informed decisions but our lists are not recommendations and should not be treated as such. Mayacine Tounakara 19, Rue Abdul Karim Bourgi and Wagane Diouf BP 1976 Dakar Tel: 33 822 5131/33 Fax: 33 821 82 11 Email: [email protected] Mr Tounkara is a Senegalese citizen who has practised law since 1983. He speaks fluent French and has an associate who speaks English. His office handles a full range of cases including: Criminal, estates, labour relations, investment, financial management, marriage/divorce cases, adoption, maritime and aeronautical disputes, foreign claims, mining, patents, trademark, copyrights, and civil damage. He is willing to undertake cases outside of Dakar. Moustapha Ndoye 2, Place de L ‟Independence Immeuble SDIH Dakar Tel: 33 821 7071 Fax: 33 823 60 72 Email: [email protected] Mr Ndoye has practised law for over 20 years. He speaks fluent French and has a moderate knowledge of English and Spanish. His office deals with: Civil cases, government agreements, taxes, maritime and aeronautical cases, bank operations, contracting, business law, foreign claims, insurance, investment, labour disputes, agreement on market studies, drugs, fraud and embezzlement issues. He also offers translation services. Adama Gueye 28 Rue A.A Ndoye BP 11443 Dakar. Tel: 33 849 2800 23 Fax: 33 821 4809 Email: [email protected] www.avocats-maga.sn Mr Gueye‟s firm provides a full range of legal services. He is fluent in French and English He deals in Family law, residency issues, business and cartel law, maritime law and disputes

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Geni & Kebe (Embassy Honorary Legal Adviser) 47 Boulevard de la République BP 14392 – CP 15023 Dakar Tel: 33 821 1916/33 822 4636 Fax: 33 842 6275 Email: [email protected] Provide full legal services. English and French spoken fluently. Francois Sarr & Associes 33 Ave Leopold Sedar Senghor BP 160 Dakar Tel: 33 889 9750 Fax: 33 821 6659 Email: [email protected] Provision of full legal services. French and English spoken fluently Me Daniel Sedar Senghor & Me Jean Paul Sarr Associés 13-15 Rue Colbert BP 327 Dakar Tel: 33 889 7900 Fax: 33 823 7003 Email: [email protected] [email protected] Mr Senghor has been practising for 25 years. He speaks fluent English, French and Spanish. He is the chairman of the Notaries in Senegal and International He specialises in: Settlement of estate, banking operations, preparation of contracts and investment. Patricia Lake Diop 5 Rue Victor Hugo BP 2107 Dakar-Ponty Dakar Tel: 33 889 4959 Fax: 33 822 8058 Email: [email protected] 24 Ms Diop has been practising for 20 years. She speaks fluent English and French. She deals mainly with: Adoption, marriage and divorce cases, banking, corporations, contracts, marketing agreements and foreign investments

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Papa Ismael Ka 94 Rue Felix Faure BP 2899 Dakar Tel: 33 889 1616 Fax: 33 821 0526 Email: [email protected] [email protected] Mr Ka has been practising law for 30 years in France and Senegal. He speaks fluent French and good English. He handles: Adoptions, aeronautical matters, car accidents, banking, civil damages, foreign investments, insurance, taxes, marriage and divorce cases. Lawyers dealing in criminal law Maitre Ndeye Fatou Toure Rue 9 x Corniche Dakar Tel: 33 823 6432 Email: [email protected] Maitre Moussa Félix Sow 15 Boulevard Djily Mbaye Dakar Tel: 33 821 95 Fax: 33 821 84 00 Email: [email protected]

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Annex 2: List of Private Translators/Interpreters Askan WI SARL Bachir Seck SICAP BAOBAB Pavilion 609 Dakar Tel: 77 494 62 10 Email: [email protected] ITC (Interpreting, Translation and Consulting) Castors, Cité Marine no139 Dakar Tel: 77 638 98 30 / 33 860 70 80 Email: [email protected] Tacko Marie Niang Freelance Translator/Interpreter 27 Cité SAGEF I Ouest-Foire Dakar Tel: 77 636 26 78 Email: [email protected] Kartouma Ndiaye Diouf SCAT URBAM N° 31B BP 21526 Dakar Ponty Tel: 77 340 09 02 / 77 537 09 69 ***THIS LIST IS PROVIDED BY HM CONSUL IN DAKAR FOR THE CONVENIENCE OF ENQUIRERS, BUT NEITHER HMG NOR ANY OFFICIAL OF THE CONSULATE CAN TAKE ANY RESPONSIBILITY FOR THE COMPETENCE OR PROBITY OF ANY TRANSLATOR/ INTERPRETOR ON THE LIST.

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GLOSSARY OF TERMS Abrogation : Abrogation Accomplice : Complice Accused (with charges) : Accusé (avec des accusations

Acquitted : Acquitté Adjudication : Jugement Administration of justice : Administration of justice

Amnesty : Amnistie Anti Narcotics Police Station : Police anti-drogue

Appeal : Appel Appeal - trial court decision is appealed directly to the National Court, by “jumping” over the intermediate court of appeals : On fait appel de la decision du tribunal directement auprès du Tribunal national en “sautant” les intermediaires des cours d’appel Appel - .

Appeal for error : Appel pour erreur Appeal or complaint : Appel ou plainte Application : Demande Application forms (prison) : Formulaires de demande (prison)

Army : Armée Assessment of evidence : Appréciation des éléments de preuve

Attorney General´s Office : Bureau du Procureur general

Blood test : Test sanguine Board of prison governors : Conseil des Directeurs de prison

Cell : Cellule Charge : Accusation, Chef d’inculpation Chief Prosecutor : Procureur general Civil party in criminal trial : Partie civile dans un procès criminel

Clemency / pardon : Clémence/grace Complaints system : Système de traitement des plaintes

Completed file : Dossier complet Compulsory prosecution : Obligation de poursuites

Consent : Consentement Convicted : Condamné Conviction : Condamnation Corporal : Corporel Interdiction par un pays (decision rendue qui interdit à une personne déportée ou expulse de retourner dans un pays returning)

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Court appearance : Comparution devant le tribunal

Court file reference : Référence au dossier Courthouse : Palais de justice Criminal code : Code penal Criminal code procedure : Code procedure pénale

Criminal Court : Tribunal penal Criminal prosecution : Poursuites pénales Criminal record : Casier judiciaire Custody hearing : Audience préliminaire Custody order : Ordonnance de garde Danger of absconding: risque de fuite Danger of interfering with the course of justice : Risque d’interférence dans le cours de la justice

Danger of repeated criminal offences : Risque de récidive en matière pénale

Deportation : Déportation Deportation order : Ordonnance de déportation

Dismiss charges : Accorder un non-lieu Duty of obedience : devoir d’obéissance Early release benefit : Réduction de peine Escort : Escorte Expert Witness : Témoin expert Expulsion : Expulsion Extradition : Extradition Federal Police : Police fédérale Fever : Réaction febrile File : Dossier Final public trial : Procédure publique finale Food poisoning : Intoxication alimentaire Greater Criminal Court : Haute Cour pénale Guarding (a prison) : Garde (une prison) Guilty : Coupable Hand cuffed : Menotté Hearing (first) : Audition (première High Court : Haute Cour Higher Regional Court : Haute Cour régionale

Human rights : Droits humains Hunger strike : Grève de la faim Imprisoned : Emprisonné Imprisonment : Emprisonnement Imprisonment after conviction : Emprisonnement après condamnation

Indictment : Inculpation Insubordination to officer : Insubordination contre un officier

Interpreter : Interprète Investigation : Enquête Jeopardise : Mettre en danger

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Judge : juge Judgement : jugement Judgement Final and enforceable : Arrêt definitive exécutoire

Judicial Police : Police judiciaire Jurisdiction (Criminal) Entities : Entités de jurisdiction (pénale)

Juvenile prison : Prison pour mineurs Lawyer : Avocat Lawyers ‘charges : Honoraires d’avocat Lay Judges : prudhommes Lay Judges Court : Tribunal des prudhommes

Assistance judiciaire / Pro Bono Lawyer : Avocat bénévole

Legal Clerk : greffier légiste Legal remedy : recours légal Local prison rules : Réglementation pénitentiaire locale

Local State Court : Tribunal local fédéral Major offence : infraction majeure Malnutrition : malnutrition Marital Visit : visite maritale Minimal (guilt) : culpabilité minimale Ministry of Justice (and Human Rights) : Ministère de la Justice (et des Droits humains)

Minor offence : Infraction mineure Misdemeanour : Infraction mineure Mistreatment/ Torture : Mauvais traitement/Torture

Money earned in prison: argent gagné en prison

Notary : Notaire Officer of the Court : Fonctionnaire judiciaire Opposition : Opposition Out-of-court settlement : Réglement à l’amiable

Parole (conditional release) : Libération sur parole (libération conditionnelle)

Pardon : Grâce Pay off debts : Rembourser ses dettes Penal order : Arrêté pénal Penal proceeding : Action pénale Penitentiary system : Système pénitentiaire Permanent (indefinite) detention : Détention permanente (indefinite)

Permit, entitlement : Autorisation, droit Personal money in prison : Argent personnel en prison

Physical examination : Examen médical Plaintiff : Plaignant Police Headquarters : Quartier general de la police

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Police Officer : Officier de police Power of Attorney : Procuration Preliminary detention : Détention préventive Presiding Judge : Juge qui preside la séance

Presumption of innocence : Présomption d’innocence

Preventive detention : Détention préventive Prison : Prison Prison administration : Administration pénitentiaire

Prison Assessment Unit Prison court : Tribunal de prison Prison Director : Directeur de prison Prison house rules : Réglementation pénitentiaire

Prison rules regarding supervised visit : Réglementation pénitentiaire afférente à une visite supervisée

Prison Guard : Garde de la prison Prison Warden : Gardien de prison Prisoners : Prisonniers Private prosecution : Poursuite privée Procedural complaint : Action procédurale Proceedings : Poursuites Proof of evidence : Eléments de preuve Prosecution : Action en justice Prosecutor (Public) : Procureur Provision : Disposition Public Prosecutor’s Office : Parquet Punishment cell : Cellule de punition Raids : raids Register (in State) : Registre (dans un Etat Rehabilitation : Rehabilitation Release : liberation Release order : Ordonnance de libération Remand (sending a person accused of an alleged offence into custody to await trial)

Remand prison : Centre de détention Remedy of appeal Remission : Remise de peine Repatriation : Rapatriement Representative of the Local Authority : Représentant de l’Autorité locale

Riot : Emeute Riot squad : Brigade anti-émeutes Roll call : Appel nominal Security : Sécurité Small Police Station : Petit Commissariat de police

Social Worker : Assistant social State officials including prison Warders : Responsables publics y compris les Régisseurs de prison Senegalese Prison Service : l’Administration

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Penitentiaire Senegalaise Statute of Judicial Organisation : Statut d’organisation judiciaire

Stomach bugs : problems d’estomac Strike : grève Sufficient suspicion : Soupçon suffisamment fondé

Supreme Court of Justice : Cour suprême Surety (money required for a remand :prisoner to be released on bail) : Caution (argent nécessaire pour qu’un prisonnier soit libéré sur caution)

Suspended sentence : sursis Temporary detention : Détention préventive The accused : l’accusé To buy : acheter To change money : changer de l’argent To deport : déporter To file an application : déposer une demande

Transfer to another prison : Transferrement à une autre prison

Treason : Trahison Valid or legal : valide ou légal Visit permit : Autorisation de visite Warden : gardien Wing : Aile

Numbers

French Wolof

1 Un Benn 2 Deux Niare 3 Trois Nieet 4 Quatre Nieent 5 Cinq Juroom 6 Six Juroom Benn 7 Sept Juroom Niare 8 Huit Juroom Nieet 9 Neuf Juroom Nieent 10 Dix Fook 11 Onze Fook ak Benn 12 Douze Fook ak niare 13 Treize Quatorze 14 Quatorze Fook ak Nieent 15 Quinze Fook ak juroom 16 Seize Fook ak Juroom been 17 Dix sept Fook ak juroom niare 18 Dix huit Fook ak juroom nieet

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19 Dix neuf Fook ak Juroom nieent 20 Vingt Niare fook 30 Trente Faan Wer 40 Quarante Nieent fook 50 Cinquante Juroom fook 60 Soixante Juroom been fook 70 Soixante Dix Juroom niare fook 80 Quatre Vingt Juroom nieet fook 90 Quatre vingt dix Juroom nieent fook 100 Cent Temer 1000 Mille Juni FOOD : Nourriture Apple : Pomme Banana: Banane Beans: Haricots Biscuits: Biscuits Bread: Pain Cake: Gateau Chicken: Poulet Coffee: Café Drink: Boisson Eat: Manger Egg: Oeuf Fruit: Fruit Hungry: Faim Juice: Jus Meat: Viande Milk: Lait Omelette: Omelette Pancake: Galette Rice: Riz Sausage: Saucisse Sugar: Sucre Sweet: Doux Vegetables: Legumes Water: Eau Cutlery Cup: Tasse Fork : Fourchette

Knife: Couteau Plate: Assiette Spoon: Cuillere Good Morning: Bonjour

Good Afternoon: Bon après midi

Good Night: Bonne Nuit

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Day: Jour Week : Semaine

Month: Mois Monthly: Mensuel

Year: Annee Today: Aujourd’hui

Tomorrow: Demain

Tonight: Ce soir Sunday: Dimanche

Monday: Lundi Tuesday: Mardi Wednesday: Mercredi

Thursday: Jeudi

Friday: Vendredi

Saturday: Samedi

Spring: Printemps

Summer: Eté Autumn: Automne

Winter: Hiver January : Janvier February : Fevrier March : Mars April : Avril May : Mai June : Juin July : Juillet August : Aout September : Septembre October : Octobre November : Novembre December: Decembre Borrow: Emprunter Close: Proche Closed :Fermé Come: Viens Debt: Dette Door: Porte Give: Donner Here: Ici Indoors: A l’interieur

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Open: Ouvert Outside: A l’exterieur Run : Cours Stand: Mets-toi debout Stay: Reste Stop: Arrete Turn: Tourne Walk: Marche Head: Tete Hair: Cheveux Eye: Oeil Eyes: Les yeux Eyeball: Pupille Eyebrow: Sourcil Eyelash: Paupiere Eyelid: Cils Nose: Nez Nostril: Narine Ear : Oreille Hearing : Entendant Mouth: Bouche First: Premier Second : Second Third: Troisieme Fourth: Quatrieme Fifth : Cinquieme Sixth : Sixieme Seventh : Septieme Eight: Huitieme Ninth : Neuvieme Tenth : Dixieme Half : Moitie In half: En deux After : Apres Before: Avant Later: Plus tard Now : Maintenant Climate : Climat Cold : Froid Heat : Chaleur Hot : Chaud Rain : Pluie Shade : Ombre Sun : Soleil Sunshine: Ensoleillement

Weather : Climat Wind : Vent

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Briefs: Calecons Clothes : Vetements Pullover : Pull over Shirt : Chemise Shorts : Short Socks : Chausettes Trousers : Pantalon "T" Shirt : T shirt Sandals : Sandales Shoe : Chaussures Trainers : Basket

Ashtray : Cendrier Book : Livre Cigarettes :Cigarettes Dry : Sec Lighter :Briquet Pen : stylo Pencil : Crayon Scissors : Sciseaux Soap : Savon Soap powder: Savon poudre Wash : Laver Wash hand: Lave-main Washing : Linge Wet : Humide Bucket : Seau Scrubbing Brush: Brosse à récurer Shower : Douche Toothbrush : Brosse à dent Toothpaste : Pate dentifrice

Towel : Serviette Dream : Reve Rest : Repos Sleep : Sommeil Sleepy : avoir sommeil Wake: Eveillé Bed : Lit Bed Sheet: Drap Blanket: Couverture

Mattress: Matelas

Pillow :Oreiller

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Disclaimer This booklet was compiled by the Consular Section, British Embassy Senegal. 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 British Embassy in Senegal is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.

Thank you.

(May 2018)