Arrested or in prison in Venezuela
Source: gov.uk (2025-09-22)

This guide provides information about being arrested in Venezuela and what conditions are like in prison there.

Contacting the British embassy or consulate

The British embassy in Venezuela can offer help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the embassy or consulate can offer (https://www.gov.uk/guidance/arrested-or-detained-abroad).

Family and friends can contact:

the British embassy in Venezuela on xx-xxxx-xxxx

the Foreign, Commonwealth & Development Office (FCDO) in London on xx-xxxx-xxxx

British Embassy Caracas

Consular SectionAv. Principal de La Castellana.Torre La Castellana. Piso 11.Caracas 1060Telephone: xx-xxxx-xxxx

Contact Form (https://www.contact.service.csd.fcdo.gov.uk/posts/venezuela/british-embassy-caracas)

Finding a lawyer and translator

Find a lawyer in Venezuela

You should carefully consider getting a local Venezuelan lawyer. Discuss all costs with them in advance.

Prisoners Abroad (https://www.prisonersabroad.org.uk/) has information on appointing a lawyer and legal aid, although this information is not specific to Venezuela.

Private lawyers

Check the list of local English-speaking lawyers (https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers?country=venezuela) if you want to appoint your own private lawyer. Ask the British embassy if you need a paper copy.

You can employ a private lawyer at any time after your arrest. Private lawyers can be very expensive (fees begin at around US$5,000 ~ US$10,000) and they often demand a large portion of their fee upfront.

Court-appointed lawyers

If you do not appoint your own private lawyer, you can ask for a court- appointed lawyer.

By law you’re entitled to a Venezuelan public defender. Venezuelan law establishes that a public defender will be appointed if you cannot afford a Lawyer. A public defender should be present whenever you appear in court. If you are unhappy with your appointed public defender, you can ask the court for a different one.

Venezuelan public defenders often achieve the same results as higher priced private lawyers.

Find a translator or interpreter in Venezuela

You may need a translator to help you read documents in Spanish about your case.

Do not sign any documents unless you understand them.

You might need an interpreter to help you communicate with your lawyer or at your trial, or for prison visits. The court should appoint a translator for any trial proceedings. Their services are to be paid for by the court.

Search for an English-speaking translator or interpreter (https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/translators-interpreters?country=venezuela) in Venezuela.

What happens when you’re arrested in Venezuela

You can be arrested:
- when a police officer or any other agent from local security forces (such as the National Guard) has witnessed you breaking the law,
- when a judge has issued an order for your arrest,
- following police investigation
- when someone has filed a police report against you
- because of an existing arrest warrant
- if it’s expected you’ll leave the country to escape justice
- your identity cannot be confirmed
The police must tell you:
- why you’ve been arrested
- that initial proceedings against you have started
- your rights
Do not sign any documents unless you understand them - you must be given an interpreter if you ask for one.

In drug-related cases, such as when a person is caught trafficking drugs at the airport, the individual will be immediately arrested by police officers or National Guard without any prior court order to do so.

Once you have been arrested the authorities have the right to keep you handcuffed at their sole discretion. Consular staff cannot prevent this course of action

Your rights

Detainees have the right to communicate with relatives, closest acquaintances or legal counsel/lawyer to inform them about the arrest or detention.

Phone calls and written communications may be available. You may ask local authorities to notify the local British Embassy/Consulate of your arrest if you wish them to do so.

Immediately after your arrest you will be moved onto a temporary imprisonment facility, normally a police station (or “reten”) or facilities from the National Guard (“Comando de la Guardia Nacional Bolivariana” for drug-related or other offences committed at airports, seaports and land border crossings).

Access to food and/or water varies greatly depending on the facility you are held on. You may have to procure (and pay for) your own food and hydration at certain locations.

Medical assistance is often unavailable at temporary detention sites. Any serious medical issues will require the authorities/police to take you to the nearest public hospital for treatment.

How long you can be held for

Once you have been arrested you should be taken to court to be formally charged within 24 hours. You will remain at a local police station/National Guard Anti-Drugs command/other temporary detention facility until your initial court hearing.

Personal belongings

Your personal belongings will be confiscated and may be used as evidence if your case goes to trial – local authorities do not provide receipts for valuables and they often go missing.

Going to court

Once you have been arrested you should be taken to court to be formally charged within 24 hours. You will remain at a local police station/National Guard Anti-Drugs command/other temporary detention facility until your initial court hearing.

If you don’t have a lawyer, you should ask for a public defender immediately.

At court you will be asked to give a statement, but you are not obliged to do so. If you decide to provide a statement, the court should appoint a translator.

The appointed judge will examine the case. They will decide if you will be:
- placed on remand to wait for your trial
- released without charge
Being put on remand

You may be put on remand if you’re strongly suspected of committing an offence. This means you will be put in prison while you wait for the criminal investigation and trial to finish.

The ordinary time limit for detention on remand is set by the minimum penalty of an offence but cannot exceed 2 years. In instances of serious offences, the time limit for detention on remand is set according to the minimum penalty of the most serious offence. Detention on remand can be extended, but it cannot exceed the minimum penalty or the minimum penalty of the most serious offence, if there were multiple offences.

Foreign nationals are usually remanded in custody for the whole trial process.

An individual may be detained for 48 hours while taken to a Preliminary Proceedings Tribunal for the Presentation Hearing. At this hearing, before a Preliminary Proceedings Judge and the parties, the detainee shall be provisionally charged.

Bail

Often UK citizens or foreign national prisoners will allege discrimination because bail is common for host country nationals facing similar charges but has been denied in their case. It is important for you to be aware that bail is normally denied to foreigners in Venezuela because foreigners on bail are considered a flight risk.

The embassy cannot pay or transfer bail funds for you.

Arriving at prison

Following arrest, you will be taken to a police station and put in a holding cell. If you are suspected of drug trafficking at an airport, seaport or border (land) crossing, you will be taken to the Anti-Drugs Command of the National Guard. You should be informed on the grounds of your arrest.

If the judge agrees, you will be placed in “pre-trial” detention in either a major prison complex (Internado Judicial) or remain in a temporary imprisonment facility at a police station, usually the one nearest to the court.

Prisoners are searched upon arrival. Any possessions you may still have on you will be removed and stored and may be used as evidence – local authorities do not provide receipts for valuables, and they often go missing.

Phone calls and/or other means to communicate after your initial arrest may be available depending on your specific imprisonment facilities. Please note that local landlines and mobile numbers in Venezuela are often unable to make international calls.

Your biographical data will be recorded upon your arrival to prison/a detention centre, and your fingerprints and a photograph may be taken and added to your personal file. Venezuela’s prison system does not assign a “prisoner number” to individuals.

Your next of kin will not be automatically informed of your arrest. You may ask for your Embassy/Consulate to be informed of your arrest. If you provide us with consent, consular staff can contact your next of kin, or other family or friends to notify them of your arrest.

Personal belongings

Your personal belongings will be confiscated and may be used as evidence if your case goes to trial – local authorities do not provide receipts for valuables and they often go missing.

You will not be able to retain and use your own clothing, a uniform (blue for pending charges/trial and yellow for sentenced prisoners) will be provided by the prison. Local prisons are not equipped to provide you with any hygiene items or toiletries.

Your prison cell

Prisoners often sleep 2 or 3 to a bed, or on passageway floors. How much space you have and where you sleep often depends on how much “rent” you can afford – the more you pay, the better your conditions.

Dangerous or high-risk prisoners are required to be kept in high-security wings this does not always happen. Apart from that, all prisoners are mixed together, regardless of crime, and there is no classification relating to standards of behaviour.

In general, prisons in Venezuela are overcrowded. The prison population is about double of the capacity installed.

Power cuts are common and there is constant water supply rationing throughout the country. You may find yourself without water or electricity from short to extended periods of time.

Foreigners are usually assigned to a separate wing where their interaction with local (Venezuelan) inmates is reduced.

Contacting the British embassy or consulate

Tell the prison if you want the British embassy or consulate to know you’re in prison.

Medical check-up

While you are in detention, Venezuelan authorities are responsible for ensuring your basic medical needs are met. Most major prisons have at least 1 doctor, employed by the Ministry of Penitentiary Services, but their schedule and availability are normally limited.

Newly arrived prisoners (for major prison complexes) are usually placed in isolated quarantine (observation) for 20 days before they can join the rest of the prisons’ population.

Detainees have the right to free medical assistance. You should request to see a doctor and flag up any pre-existent and/or chronic health conditions for which you may need immediate medical attention. It can take several days until a doctor is available to see you.

If you have any specific medical condition/needs, you should flag this to the prison’s staff immediately. Treatment for chronic conditions such as blood-pressure, cardiac disease, diabetes or HIV are often not available in-country. Consular staff can liaise with local authorities in respect to availability and access to treatment as necessary.

Contact the British embassy or consulate if you need help getting your medical notes from the UK.

Rights and responsibilities in prison

Rules and regulations vary greatly across facilities. In new “regimen cerrado” (closed regime) prisons there’s a strict set of rules on what behaviour is expected of prisoners and this is explained upon arrival. Sanctions for breaking the rules and inappropriate behaviour may include compulsory isolation for several days depending on the severity of the offense.

In older prisons there’s no official set of rules or expected behaviours and inmates have their own system of self-imposed rules. You should familiarize yourself with what kind of behaviour is expected of you.

Drugs are common, particularly in older prisons. Some prisoners are “drug pushers”, and aim at getting prisoners addicted to drugs, so they can ensure a steady stream of funds. Incurring debts inside the prison, especially for drugs, invariably causes trouble. Daily interest rates on debts are often extremely high.

Contracting infectious diseases (HIV, hepatitis, etc.) as a consequence of drug use is very common.

Some prisons have, very limited, rehabilitation programs for drug users.

If you have any concerns in respect to your safety, you should mention this to prison staff immediately or to your lawyer. If you feel as though you are not being treated in line with internationally recognised standards, you can also contact our consular staff.

Visits from family or friends

You should consult the FCDO’s travel advice pages (https://www.gov.uk/foreign-travel-advice) before you travel to Venezuela (https://www.gov.uk/foreign-travel-advice/venezuela) for the latest information on safety and security, entry requirements and travel warnings.

If your family and friends want to visit, they should contact the Venezuela Desk in Consular Directorate at the FCDO in London (telephone number: xx-xxxx-xxxx).

If you give your consent for us to speak to a member of your family or a friend, a dedicated caseworker in London will be appointed to act as their point of contact.

You should advise your visitors to give us as much notice as possible, and to supply passport numbers and personal details such as places and dates of birth, travel itineraries, addresses, etc. We will then contact the prison authorities to try to help facilitate the visit. Please note specific local restrictions may limit/impact visits at any time.

During the visit

Visiting premises will vary greatly across facilities. In the newer “refurbished” prisons for foreign nationals they will take place in a meeting room under constant guard supervision.

Note there’s no physical barrier (such as security glass) separating visitors and the inmate, and depending on the facility, visits will have a set time limit that varies from a few minutes to several hours.

In older prisons not absorbed by the new national prisons system, visits will take place in a communal area and other prisoners might be present nearby. Please note that some facilities do not allow visits.

Visitors must identify themselves when they arrive at the prison by showing an identification document (ID) containing a photograph (i.e. a passport). The guards at the main entrance will hold your ID and return it at the end of the visit.

All visitors will be searched for prohibited items (money, weapons, illegal substances, etc.) upon entering the prison by National Guard officials. In most prisons, guards will physically search each visitor. This might be a frightening experience for sensitive individuals.

Marital visits are possible in certain facilities between married prisoners, though they might be prone to disruption and there is little privacy.

It is advisable to give family and friends as much information as you can about:
- what to expect on arrival in Venezuela
- what happens when they reach the prison
- everything you know about the “do’s” and “don’ts” of visiting
Bear in mind how different Venezuela is from Britain – especially for a first-time visitor who has possibly not travelled much. The “culture-shock” plus the sight of you in a prison visiting area with guards and other prisoners all around, is likely to prove a distressing experience.

For this reason, please read the prisoner pack thoroughly and contact the Embassy well in advance of your trip to visit the prison to ask any questions.

Please note specific local restrictions, such as petrol availability and/or public services failures like power outages, may limit/impact visits at any time.

What visitors can take with them

Visitors can take in some cooked food, books and magazines. Reading material containing nudity or depiction of violence will not be allowed in. Visitors can bring clothes for prisoners, as long as they match the prison uniforms (this varies from prison to prison).

Mobile telephones and cameras/recording equipment are strictly prohibited and will not be admitted. There are no storage lockers available to visitors. All items will be examined before the visitor can enter the prison. Cash and/or valuables are not allowed.

Visits from British embassy or consulate staff

A member of the Consular Section will aim to visit you as soon as possible, after receipt of notification of your arrest. Please note that if you are held far from the capital, it may take even longer depending on security and travel-related circumstances, such as flights, petrol availability and local restrictions/risks.

If a member of the Consular Section cannot visit you, we will try to contact you over the phone, or any available means of communication, as soon as possible.

The first consular visit to the prison/contact with a prisoner is designed to accomplish several goals, including the following:
- to explain to you our role and how we can be of assistance to you
- to deliver information about local English-speaking lawyers (https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers) and translators and interpreters (https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/translators-interpreters)
- to briefly explain the Venezuelan judicial system
- to verify that you are being treated in accordance with international and local law
- to identify family and persons to contact with your explicit consent
If you provide us with consent, we will contact your next of kin, or other family or friends to notify them of your arrest. We will contact them, via Consular Directorate of the Foreign, Commonwealth and Development Office (FCDO) in London, to notify them of your circumstances. They will be told about prison procedures, regulations, your morale and your general well-being. We can also pass on any messages from you.

We will not notify anyone of your arrest without your consent; however, we encourage you to provide the contact information so it is available should you change your mind or there is an emergency.

For most major prison complexes, consular staff will arrange to subsequently visit you once every 3 months, as long as local conditions permit. Consular staff sometimes arrange special additional visits, for example, in cases where you need to sign urgent documents or when there are medical emergencies.

Some older or very remote prisons lack the minimum-security measures for consular staff to visit. In such cases, the Embassy will try to remain in regular contact with British nationals via other means, such as through the Venezuelan authorities, telephone, email, friends and/or family who may continue to visit.

Some prisons have public telephones, which the inmates can use. You should phone the Consular Section if the need arises. If it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Money

The British embassy or consulate does not provide financial assistance to prisoners.

You may be able to receive financial assistance while in prison:
- private funds: deposited to you by your family or friends
- Prisoners Abroad (https://www.prisonersabroad.org.uk/): depending on the country where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)
The UK government does not provide financial assistance to prisoners.

Money transfers from family or friends

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

You may access funds transferred via private services such as Western Union, but you will need family or friends in Venezuela willing to manage/receive the deposited funds (at any Grupo Zoom (https://zoom.red/remesas/) branch nationwide) to buy and deliver comforts for you.

Local prisons do not have a system where friends/relatives can deposit funds directly. Prisoners can neither receive nor handle cash.

Foreign prisoners are always considered to be very rich, and as a result they are sometimes targeted by gangs within the prison as a good source of funds and are more likely to be the victims of theft and extortion. To try to stay away from these problems, we recommend for you not to make it evident if you have access to funds.

How to make a complaint about mistreatment

The British Embassy can help if you have been mistreated or abused (https://www.gov.uk/guidance/arrested-or-detained-abroad). We will take all complaints seriously. Tell us first if you decide to make a complaint. We will ask your permission before taking any action.

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider.

With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and, if possible, take photos of your injuries.

You can report any incident to the prison authorities. Some prisoners fear that raising a complaint could make things worse. We encourage you to discuss any incident with consular staff. Consular staff will take all complaints of mistreatment seriously. With your permission, we can help you raise a complaint even if you don’t want your name mentioned.

Please note specific local restrictions may limit/impact visits at any time.

Your investigation and trial in Venezuela

Venezuela’s legal system is still based on a civil or Napoleonic model, with origins dating from European colonial times. This puts the country out of step with the British system, which is a Common Law system.

The Venezuelan constitution conceives the administration of justice not only as a state responsibility but as a public service, a service that is meant to be “transparent, expeditious and accessible” with judges and judicial officials considered accountable for the correct administration of justice under these principles.

Local legislation promotes the organization of the country’s courts by circuits (“Circuitos Judiciales”) as well as the administrative decentralization of the Judicial Power and its dependencies.

Trials are inquisitorial - carried out by a judge. Individuals have the right to submit a plea, be that “guilty” or “not guilty”, from the initial stages of their judicial process (initial hearing/s). An individual may change this plea at any stage during their trial process.

Judicial processes in Venezuela are, in general, quite lengthy and cumbersome. Serious offences such as drug-trafficking, rape, child exploitation, manslaughter or other serious offences are often trialled more swiftly. Individuals usually remain in temporary detention facilities until a sentence is reached.

The British Embassy cannot interfere with the Venezuelan judicial system. It cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.

After you are arrested

You may be arrested when a police officer or any other agent from local security forces (such as the National Guard) has witnessed you breaking the law, or when a judge has issued an order for your arrest, following police investigation or when someone has filed a police report against you. Detainees have the right to communicate with relatives, close acquaintances or legal counsel/lawyer to inform them about the arrest or detention. Phone calls and written communications may be available. You may ask local authorities to notify the local British Embassy/Consulate of your arrest if you wish them to do so.

In drug-related cases, such as when a person is caught trafficking drugs at the airport, the individual will be immediately arrested by police officers or National Guard without any prior court order to do so.

Once you have been arrested you should be taken to court to be formally charged within 24 hours. You will remain at a local police station/National Guard Anti-Drugs command/other temporary detention facility until your initial court hearing. If you don’t have a lawyer, you should ask for a public defender immediately.

Once you have been arrested the authorities have the right to keep you handcuffed at their sole discretion, consular staff cannot prevent this course of action.

Completion of investigations

The ordinary time limit for detention on remand is set by the minimum penalty of an offence but in any case, it cannot exceed 2 years. In instances of severe offences, the time limit for detention on remand is set by the minimum penalty of the most serious offence. Detention on remand can be extended, but it cannot exceed the minimum penalty or the minimum penalty of the most serious offence, if there were several.

Foreign nationals are usually remanded in custody for the whole trial process.

An individual may be detained for 48 hours while taken to a Preliminary Proceedings Tribunal for the Presentation Hearing. At this hearing, before a Preliminary Proceedings Judge and the parties, the detainee shall be provisionally charged.

While you’re on remand before the trial, the public prosecutor investigates the charges against you.

This can include things like:
- questioning you and any witnesses
- getting expert opinions
- getting police investigative summaries
- examining laboratory reports
The investigation stage is finished when the public prosecutor believes they have enough evidence to take you to trial or they decide to end the case and release you.

After you are charged

The legal process is divided into 4 phases:

preparatory phase: evidence is gathered by both the prosecutor and defendant in order to establish the truth of events. This stage is controlled by the Public Ministry and supported by the police

intermediate phase: an oral hearing takes place to determine whether a crime has been committed, to filter accusations which do not meet requirements, and to decide if the case is strong enough to go to trial. This stage is controlled by a Control Judge (juez de control), who is an investigating judge, and is not held in public

oral proceedings / trial phase: a public hearing takes place before a judge in a public court, with both prosecution and defence present. This phase consists of 3 stages: preparation for debate, debate (resulting in a decision about the defendant’s guilt or innocence) and sentencing

contesting /appeal phase: you can instruct your lawyer to present any new evidence to the judge to appeal against your sentence. The judge will make a decision to accept or reject your appeal. Your lawyer will be able to give you more advice concerning appealing a decision

Trial

At court you will be asked to give a statement, but you are not obliged to do so. If you decide to provide a statement, the court should appoint a translator. To keep you incarcerated, the Public Ministry (prosecutor’s office), via the prosecutor, must prove the following:
- the crime you are accused of committing is punishable by more than 5 years in prison
- there are reasonable grounds for believing you were involved in the crime
- there is a strong chance that you will flee or take actions to hinder the investigation (all foreigners are considered a high flight risk)
Venezuela’s court structure is pyramidal, with the Supreme Court at the top. There are many departmental and municipal courts for the lowest level cases, separate courts for family and juvenile cases, military and criminal trial courts. The criminal courts are divided into “first instance” and criminal courts of appeals. Different courts are used for crimes carrying different lengths of sentence. The Superior courts act mainly as intermediate appeal courts, and the Supreme Court is the court of last resort.

Despite the number of courts having increased over the last 30 years, the ratio to the population has decreased in the same period. This has resulted in serious delays in investigating charges, hearing cases and arriving at verdicts. You can expect delays of several months depending on the crime and the location of the court(s).

If you are going through a criminal procedure, you will visit 3 different courts, in order:

The Court of Control or “Tribunal de Control”; the judge will read your charges and will formally order your incarceration until the trial

You will go to the Trial Court or “Tribunal de Juicio” where the evidence will be presented, and witnesses called (if any). It is here where all the procedures for your sentencing will take place. This court will issue your sentence

You will be assigned to a “Corte de Ejecución.” This court keeps track of your case and ensures that your sentence is carried out. If you earn any benefits during your time in prison, this is the court that will be responsible to apply them to your case

Sentences

Penalties include fines, settlements, probation, and imprisonment. Venezuela does not have the death penalty. The maximum sentence is 30 years.

Some crimes carry mandatory prison sentences with no possibility of early release. Possession of just 2.1 grams of cocaine, or over 20 grams of cannabis or marijuana, is classified as trafficking. This carries an automatic 15 to 18 years sentence and a maximum sentence of 25 years.

Once a foreign prisoner’s sentence has been completed, this person is normally expelled from the country. The Foreign, Commonwealth & Development Office (FCDO) can help with your return to the UK.

Making an appeal

If you want to appeal, you must do so within 10 days of the Tribunal de Juicio (Trial Court) issuing a sentence. You can only appeal your sentence once. An appeal must be lodged before the trial judge who originally sentenced the case.

You may try to appeal your sentence if:
- you believe that the trial was not conducted in a proper way
- you believe that the evidence presented was fake or altered
- you believe your rights were violated in some way
Discuss the details thoroughly with your lawyer.

Prison conditions in Venezuela

Most major prison complexes where foreign nationals are taken have been adapted to fit the latest penitentiary system, known as régimen cerrado (closed regime). This system aims at a much stricter control of the prison activities, and the standard is generally better than in old prisons. All inmates must wear prison uniforms at all times. Foreigners are usually assigned to a separate wing where their interaction with local (Venezuelan) inmates is reduced. They have very rigorous rules and schedules. The new prisons are heavily militarised, and access is more restrictive. They usually have visiting facilities and are, generally, safer for both inmates and visitors.

There are some older prisons that have not been converted to the new system yet. They are generally understaffed, in poor repair, and there is often corruption and abuse. Many have gangs of prisoners who carry weapons. At times the National Guard are brought in to deal with outbreaks of violence (chiefly between Venezuelan prisoners) and to search cells. There is also occasional violence and threats from guards. You will reduce the risk of conflict with both guards and prisoners by learning some Spanish. It will also help you to make your needs understood, especially if you fall ill.

The availability of facilities such as a library, medical centre/infirmary, courses and study opportunities, work opportunities and access to open air areas for exercise are quite limited and vary greatly for each prison/detention complex.

Letters and packages

Venezuelan prisons do not offer a mail service and private courier companies, such as DHL, UPS or FedEx, will not deliver packages to prisons.

Provided our consular staff are able to visit you, we can facilitate pre-stamped, postage-free, envelopes provided by Prisoners Abroad so you are able to write letters to your family and friends in the UK. We can arrange for onward transmission. You can also provide consular staff with correspondence (such as letters) that could be forwarded digitally over email.

Telephone calls

Some prisons have a system that allows prisoners to make a quick telephone call free of charge, once a week. In most prisons, however, this only applies to local calls.

International calls are not possible from neither landlines nor mobile phones due to local specific limitations.

In some prisons, many inmates have their own mobile phones although this is illegal – having a mobile phone within an imprisonment facility in Venezuela is considered a crime and may add further charges to any ongoing legal proceedings.

Video calls

There is no computer or internet access and video calls are not available.

Medical and dental treatment

While you are in detention, Venezuelan authorities are responsible for ensuring your basic medical needs are met. Most prisons have at least 1 doctor, employed by the Ministry of Penitentiary Services, but their availability is normally limited. Dentists are not normally available at any prison complex and dental care/treatment is severely limited.

If you need to see a doctor you must ask the local prison authorities/guards. It can take several days until a doctor is available to see you.

If you need more complex treatment, or if there is an emergency, prison authorities have the responsibility to take you to the nearest public hospital under armed guard – the authorities have the prerogative to keep you handcuffed at all times.

This visit to the hospital is free of charge. Please note that local public health facilities are extremely poor, with frequent shortages of medicines and funding – all hospitals often lack adequate medical supplies and equipment.

Treatment for chronic conditions such as blood-pressure, cardiac disease, diabetes or HIV are often not available in-country or extremely costly.

Eyecare and/or access to glasses is severely limited due to the general lack of adequate medical supplies and equipment within the public health system.

Private medical healthcare is not available to prisoners.

Consular staff can liaise with local authorities in respect to availability and access to treatment as necessary.

Mental health care

Most prison facilities do not have a resident psychiatrist/psychologist.

Mental health facilities available in Venezuela are limited, run by private healthcare providers and extremely expensive.

Local attitudes towards mental health are extremely conservative and mental health conditions/healthcare can be seen as a tabu subject.

Medication to treat mental health conditions can be extremely expensive and difficult to procure in Venezuela. Prison infirmaries are often not equipped to supply appropriate medication for these conditions.

Emergency trips outside prison

Local legislation does not allow emergency or compassionate trips outside your imprisonment facility.

Food and diet

In all the newer prisons the food is provided by the prison main kitchen, free of charge. Inmates often complain that the food is insufficient, both in terms of volume and quality, but there are no facilities to buy additional food.

Prison food is high on simple carbohydrates (such as white rice) and low in protein and fresh vegetables or fruit. Food portions are not calculated based on specific caloric needs but distributed based on food provisions available to the facility.

Visitors can bring cooked food to have a meal during the visit, but inmates are not allowed to take food back to their cells.

In older prisons, you will be able to buy additional food from private individuals.

Special diets

Specific or special nutritional needs are often overlooked and cannot be met. Religious-specific diets are not exempted: kosher and/or halal food is not available. Tap water is not safe for drinking, prison staff will provide you with drinking water. New prisons often have water filters.

Prison shop

There are no official (legal) shops inside prisons to buy any items.

Showers and hygiene

Shower/bathing/toilet facilities are communal and often kept in a very poor state. Inmates are normally allowed to shower/bathe daily provided there’s running water - please note there is constant water supply rationing throughout the country. You may find yourself without water from short to extended periods of time.

Local prisons are not equipped to provide you with any hygiene items nor toiletries. There are no official (legal) shops inside prisons to buy such items. If you have relatives or friends in- Venezuela they may deliver toiletries and other items for you at the prison facility. Please note that local prisons do not receive mail parcels.

Work and study

It is not mandatory to work while imprisoned, and any work you do is unpaid.

There are few opportunities for work in prison. The most common job is as helping staff in the kitchen. Some prisons have workshops for making wooden furniture or leather goods. If you have a skill such as painting or playing a musical instrument you may be able to give lessons to other inmates.

We strongly advise you to engage in as much work/study during your time in prison. Make sure you have all this time formally recorded by prison authorities, as this may be used to apply for a reduction of time from your sentence. Keeping yourself busy will also be psychologically helpful.

Books, languages, activities and study

There are no restrictions on contact with other prisoners/inmates.

Foreign nationals who have been sentenced are often transferred to specific facilities for foreign prisoners. These will usually have other English-speaking prisoners. Guards and prison’s staff cannot communicate complex ideas in English so any Spanish you can learn will be very helpful.

Some of the Prison facilities for foreign nationals have a library with books in English and other foreign languages. You cannot order literature from outside privately or through the authorities. Consular staff can deliver some books in English during consular visits if you wish for us to do so – please note any violent-depicting or sexually-explicit literature is prohibited (neither graphic nor written violence/sexual content is allowed).

There is no computer nor internet access available. Depending on the facility, you may have limited access to a local phone and the capacity to make a weekly local call.

Having a mobile phone within an imprisonment facility in Venezuela is considered a crime and will add further charges to any ongoing legal proceedings.

Some facilities may have a communal television.

Prisoners Abroad (https://www.prisonersabroad.org.uk/) might be able to send some reading material, language textbooks and dictionaries.

Exercise

Prisoners are usually allowed to go out of their cells for a number of hours a day – the number of hours/how regularly varies by facility. Exercise facilities and equipment are often lacking or extremely improvised. Some of the newer prisons organise mandatory regular exercise sessions for inmates.

Clothing

Prisoners are provided with a uniform based on their trial/judicial status: blue for pending charges/trial and yellow for sentenced prisoners. There are no shops inside prison complexes where you may buy extra items/clothing.

All inmates must wear prison uniforms at all times.

Religion

There are no religious services available. Visits from a priest, rabbi or minister of faith are rare – such visit requests are usually not accommodated. Detention facilities are not staffed by religious ministers.

Mobile phones

In some prisons, many inmates have their own mobile phones although this is illegal – having a mobile phone within an imprisonment facility in Venezuela is considered a crime and will add further charges to any ongoing legal proceedings.

Transferring to another prison

Transferring to a prison in the UK

You may be able to apply to transfer to a prison in the UK (https://www.gov.uk/guidance/arrested-or-detained-abroad#transferring-to-a-uk-prison).

The British and Venezuelan Governments have signed a bilateral Prisoner Transfer Agreement (PTA), which came into force on the 10th of April of 2003.

After you are sentenced you can make an official request to be transferred to the UK as long as certain criteria are met. That is, both Governments agree to the transfer and the duration of the sentence. Securing all necessary approvals can take up to 2 years.

Under certain conditions, the Prisoner Transfer Agreement allows prisoners who have been given a custodial sentence in a country other than their own to be transferred to their home country and to serve their sentence there.

To transfer, you must:
- be a British citizen
- not be awaiting trial
- have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
- have at least 6 months of your sentence left to serve when you apply for transfer
- have no outstanding fines or other non-custodial penalties
- local authorities must agree/authorise the transfer
The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. You should be aware that even if the sentencing State agrees to your transfer, then the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for several years and you have no close family residents there.

Consular staff can assist you with the process of making an official request for a transfer and liaise with local authorities to advance on the request – only the British Embassy in Venezuela can assist/advance prisoner transfer requests based on the UK government’s bilateral Prisoner Transfer Agreement with Venezuela.

Transferring to a prison in Venezuela

There are provisions for a prisoner who has been sentenced to request transfer to a different prison in Venezuela. However, due to the highly overcrowded penitentiary system, very few requests of transfer are granted. Foreign prisoners are usually assigned to an imprisonment facility for foreign citizens only. You should ask your lawyer to advise you on the correct procedure to facilitate a transfer, if possible.

Early release

A fourth option in the benefit system is akin to parole, known as “libertad condicional”. The benefit is granted in the last period of a sentence. The prisoner leaves the prison in a definite and permanent way, under the supervision of a probation officer during a period equal to the remaining sentence.

Reduction of sentence (remission)

Your sentence may be conditionally reduced or suspended if you do not have a previous criminal record and the sentence does not exceed 8 years. This is known as the “benefits system”. You will not normally be eligible if you are convicted of certain crimes (for example, drugs-related, rape, kidnapping, extortion and homicide). However, this decision is at the discretion of the judge in charge of your case.

‘Benefits’ granted according to the Venezuelan law:
- destacamento de trabajo o estudios (work/study benefit)
Prisoners who are formally employed or undertake studies during their time in prison can apply for a reduction in their sentence of sentence. For every 2 days of work/study, the prisoner can get 1 day reduced from their remaining sentence.
- régimen abierto / destino a establecimiento abierto (open prison)
The prisoner lives in a Community Centre that belongs to the Venezuelan authorities. The prisoner must work in the locality and must comply with the internal rules of the Centre under the supervision of a multidisciplinary team.
- confinamiento (confinement)
A prisoner who has served 3/4 of their sentence and has observed good conduct might be entitled to live outside the prison in a predetermined place and must comply with the rules established by the court.

Clemency or pardon

The constitution of Venezuela includes provisions for pardon and amnesty. Pardon (indulto) is at the discretion of the President of the Republic only. A person who receives a presidential pardon is still considered guilty of committing a crime, but their time in prison is pardoned. Amnesty is a faculty of the National Assembly via the legislators. It implies that a new law has been passed to decriminalise a particular action that up to that point was considered illegal. Anyone who is detained after being charged of said crime, is immediately released as a free person under the terms of the amnesty and the corresponding criminal records are deleted. If the person has been charged or convicted of any other crime not included in the terms of the amnesty, the corresponding judiciary process will continue as normal.

You should speak to your lawyer to find out more details and if any of this applies to your case.

Release and deportation

You can contact the British embassy or consulate if you need help when you’re released. You will usually be deported.

Foreign nationals who are not legal residents in Venezuela will normally be sentenced to expulsion of the country in addition to their prison time. This means that even if a person has served their complete prison sentence, they are still not legally a free person until they are expelled from the country.

Deportation

Once a foreign national has completed their prison sentence, they are normally transferred to immigration detention facilities and expelled from the country. Local authorities’ prerogative to expel/deport a foreign national from the country once their sentence is served cannot be, in practical terms, contested.

Immigration detention facilities are generally poorly equipped and overcrowded and would allow for visits from relatives/friends.

The Venezuelan government should cover the costs of the deportation. In practice, it can take several months, or even years, until the authorities are able to secure a flight. During this time, the prisoner will remain in immigration custody. If the prisoner can pay for their own flight, their repatriation can be arranged immediately after they exit the prison.

On the day of their flight, they are taken to the airport and escorted until they board the aircraft.

Flights to the UK

The Venezuelan government should cover the costs of the deportation. In practice, it can take several months, or even years, until the authorities are able to secure a flight. During this time, the prisoner will remain in immigration custody. If the prisoner is able to pay for their own flight, their repatriation can be arranged immediately after they exit the prison.

Getting a passport

Contact the British embassy or consulate before you’re released if you need an emergency passport for your journey home.

Useful Venezuelan words and phrases

Key phrases
- I would like to see a doctor / Quiero ver a un doctor
- I would like to visit a social worker / Quiero ver a un trabajador social
- I would like to contact the embassy / Quiero contactar a mi Embajada
- I would like to contact my lawyer / Quiero contactar a mi abogado
Useful legal terms

Numbers

Food

Grammar