DFAT dealt with the consular rights of 649 Australians who were arrested overseas, and continued to assist the approximately 200 Australians who are serving sentences in overseas prisons.

DFAT Consular Emergency Centre operates 24 hours a day, every day - handles over 100,000 phone calls from Australians overseas and at home seeking consular advice.

Consular Operations Section - Canberra +61 2 6261 3305

1 300 555 135 (24-hour emergency consular service)

Fax the Consular Operations Section on +61 2 6261 3491

DFAT Consul Officers are there to assist the Prisoner. They are not judgmental. It is the job of the local courts to decide on the Prisoner’s innocence or guilt. Even if they are found guilty, the Consul will continue to help them and they should not feel embarrassed in their dealings with the Consul.

An Australian citizen, or any other person in a foreign country, is responsible to that country for any act that they commit on its territory. That country’s laws therefore, bind an Australian citizen in the same manner and to the same extent as a resident of the country.

In broad terms, when an Australian is detained overseas the Department's role is:

(a) to ensure so far as it is possible that the person receives the benefit of the same laws, administration, protection of rights and means of redress for injuries which a foreign country affords its own citizens (provided these conditions are met, there are normally no grounds for complaint or representation by the Australian Government on behalf of the person who has been detained for an alleged offence);

(b) to do everything possible to see the person has access to available facilities and to see that physical needs are met;

(c) to provide consular assistance to the person detained and their family in Australia.

More specifically, DFAT consular officers overseas visit Australians as soon as possible after learning of their detention. Subject to the person’s wishes,

Consuls will:

(a) assist them to arrange legal representation by providing a list of local English-speaking lawyers and advice on the availability or otherwise of legal aid or a public defender;

(b) liaise with authorities about any problems which the detained person may have;

(c) arrange for notification of next of kin unless the person does not want anyone informed;

(d) attend court hearings and trials if possible;

(e) relay requests for financial assistance to families or nominated persons;

(f) advise on the transfer of funds from Australia as required;

(g) visit the person to monitor their physical and mental wellbeing and general welfare (it is however the person’s responsibility to keep family or contacts informed of their needs and situation if they are permitted to correspond or make telephone calls);

(h) report on person’s welfare and legal proceedings; and

(i) provide moral support to the person.

There are of course limits imposed by international and local law and by Australian Government policy on the lengths to which consular officers can go in assisting Australian citizens arrested or detained overseas. They cannot, for example, seek to intervene in the judicial systems of other countries; nor can they take responsibility for the honesty, competence or payment of any legal representatives engaged by the person or family. In addition, consular officers cannot arrange or pay for interpreters.

It is a prisoner's responsibility to keep family/next of kin informed of his/her health and welfare needs. The Department will only become involved if your family is concerned for your welfare. There may be certain information on the prisoner’s file that they do not want passed to family, e.g. illness or drug taking. The information the prisoner supplies to DFAT is subject to the Privacy Act 1988.

Depending on the circumstances, the prisoner may want to arrange Power of Attorney. You may be asked to deal with their affairs in Australia and liaise with lawyers, so will need their permission to do this.

Research other cases of Australians and other foreigners detained abroad; get a lawyer recommended if you can. See

Australian Lawyers for Human Rights (ALHR) - http://www.alhr.asn.au

Research the laws, justice system and culture of the relevant country. It is important that you are aware of what is ahead. At all times, maintain diplomacy when dealing with any foreign department, authority or government.

Australia does have an International Transfer of Prisoner Scheme with most countries. Transfer will only be possible once all judgments against the prisoner are final. The prisoner cannot be transferred unless they have been convicted and sentenced to a term of imprisonment, and all avenues of appeal have been finalized. Find out about appeal systems, clemency and other options available to you.

Government Fund for legal fees may be available to the prisoner. Contact the Attorney Generals Department to see if the prisoner is eligible.

Attorney-Generals Department Central Office Robert Garran Offices National Circuit BARTON ACT 2600 Tel: (02) 6250 6666 Fax: (02) 6250 5900 If calling from overseas: Tel: + 61 2 6250 6666 Fax: +61 2 6250 5900 website: http://www.ag.gov.au

If you are concerned for the well being or safety of the prisoner, you should notify DFAT immediately. They will advise you how to best to support the prisoner.

Contact other families with loved ones imprisoned abroad for support and advice. See: http://www.foreignprisoners.com

Create a campaign for your loved one where you can raise positive awareness and generate practical support [letter writing]. Make sure you get permission from the prisoner first. In many cases, prisoners don’t want their cases made public for a variety of reasons. See CAMPAIGNS at http://www.foreignprisoners.com

Prisoners Aid

On return to Australia, a former prisoner may contact an appropriate prisoner support organisation in the state or territory in which they are returning. These organisations can provide some assistance in re-establishing life in Australia. Contact names and numbers of support organisations are available from http://www.foreignprisoners.com

Prison Advocates

Foreign Prisoner Support Service has been providing prison advocacy services for well over ten years. It’s important that you engage the right support and from people who understand the political environment where your loved one might be detained. You will find many people willing to support you but too few who actually know how best to support you.

• Look for advocates who have a strong, positive working relationship with the Department of Foreign Affairs and Trade [DFAT].
• Ask them to provide references from other families they have assisted.
• Who are they affiliated with? Do they have a broad based network of support from Government and Non- Government affiliates?
• Are they credible?

Foreign Prisoner Support Services appreciates the strong support it receives from a broad range of professional associates; and the Australian Department of Foreign Affairs and Trade [DFAT]. For more information on what services are available to Australians detained abroad see the DFAT Pages: SmartTraveller Info