Questionnaire
We aim to provide advice, assistance and referrals to everyone that contacts us for help who is facing
criminal charges in a country other than their country of nationality. In order for us to decide how we can
help, we need you to answer a few questions about your case. This information also helps us understand the
barriers to justice facing people arrested far from home, which we can then tackle through our campaigns.
Please answer as many of the following questions as you can and provide as much information as possible.
If a question is not relevant to you, please leave it blank. If you do not have enough room in the boxes
provided, please continue on a separate sheet of paper and write clearly the number of the question you are
answering. All Information will be treated confidentially and in accordance with our privacy notice set out
below.
For more information on completing this questionnaire please see the leaflet “Guide to FTI’s Questionnaire”
available at www.fairtrials.net/need_help. If you have any further questions, please contact us:
[email protected] or +44 (0)20 7822 2370.
Please return completed questionnaire with signed Authorisation to:
By post: Fair Trials International, 3/7 Temple Chambers, Temple Avenue, London, EC4Y 0HP, United
Kingdom
By fax: to +44 (0)20 7822 2371
By email: [email protected] (with your signature scanned)
Mark your envelope “LEGAL POST: PRIVILEGED AND CONFIDENTIAL” but, if you are sending mail from a
prison or police custody bear in mind that your mail could be opened and read.
A) PERSONAL DATA
1.
2.
Full Name
(other names used)
Date of Birth
3.
Nationality
4.
Gender
5.
Describe your ethnic and
religious backgrounds?
What languages do you
speak?
Please provide your current
address (the address of
your prison if in custody)
6.
7.
8.
Prisoner number
9.
Telephone Number
10. Email Address
11. If you have any health
concerns, please provide
details
12. If you have any previous
convictions, please provide
details.
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B) DETAILS OF YOUR ARREST AND INTERROGATION
ARREST
1.
When were you arrested?
2.
In which country were you
arrested?
3.
4.
5.
6.
7.
8.
If different, in which country are
you facing a criminal
prosecution?
Describe all of the events
leading up to your arrest in the
order that they happened.
Please continue on another
sheet if necessary.
Have other people been
arrested in relation to the same
incidents?
Please provide their name,
details of their arrest and
explain any relationship with
them.
When you were arrested were
you told why? If so, provide
details?
Please continue on another
sheet if necessary.
Were you given access to a
lawyer after your arrest?
Were you interrogated by
police and was the lawyer
present?
Were you given information on
your rights as a suspect?
TRANSLATION
9.
10.
11.
12.
Did you need an interpreter
and if so, was one provided?
In your view, were they
competent?
Was a record made of your
interview in a language you
were able to understand?
If you were asked to sign
documents in a language you
did not understand please
provide details?
PHYSICAL ABUSE/MISTREATMENT/TORTURE
Provide details of any physical
or mental pressure you were
under to make statements, if
applicable.
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13.
If statements were made under
duress, were you able to inform
your lawyer or consulate?
14.
In the case of physical
mistreatment, have you been
able to see a doctor?
15.
Is there any recorded evidence
of this abuse?
Have you made a formal
complaint in relation to the
physical mistreatment? Please
provide details.
CONTACT
16.
Were you able to contact family
and friends following your
arrest? If not, please provide
details.
C)
LEGAL REPRESENTATION
1.
Please provide name and
contact details for your lawyer.
Name:
Address:
Telephone No:
Fax No:
Email:
2.
How did you identify your
lawyer?
3.
Are you paying for your lawyer
or are they being provided free
of charge?
4.
How do you communicate with
your lawyer? In particular
provide
details
of
any
language barriers?
5.
Is access
restricted?
explain.
6.
Do you have any concerns
about the competence of your
lawyer? If so, please explain.
7.
Is your lawyer representing
any of the co-defendants in
your case? If so, please
explain.
8.
Would you like us to try to
provide you with details of
other local lawyers?
to
If
your
so,
lawyer
please
3
9.
D)
1.
2.
3.
4.
Would you have the money to
pay for a lawyer?
DETENTION
At the time of completing this
questionnaire, how long have
you been in custody?
If you have already been tried,
how much time did you spend
in custody before trial?
If you are in prison awaiting
trial, has your detention been
reviewed and have
applications for your release
been made? Please provide
details
Please outline any concerns
about the conditions of your
detention.
Please continue on another
sheet if necessary.
If you have been released
from custody while awaiting
trial, please provide details of
any conditions you have to
comply with?
E) PROSECUTION DECISION (CHARGE) AND PLEA
CHARGE
1.
Has a decision been taken to
take prosecute you for a crime?
If so, what crime are you
charged with and what is the
maximum sentence?
Please include as much detail
as possible (continuing on
another sheet if necessary)
2.
Have you ever been arrested
or prosecuted in relation to this
alleged offence, including in
another country? If so, please
explain.
3.
Have you confessed to the
crime/pleaded guilty?
PLEA
Please provide details.
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F)
1.
PREPARING FOR TRIAL
Have you been able to gather
all of the evidence you need for
your defence?
If not, please explain.
2.
Were you or your lawyer given
access to the case file?
3.
Have you had enough time to
prepare for trial?
If not, please explain.
G)
TRIAL
1.
If your trial has not yet
started, have you been
given any indication of
when it will start? Please
provide details.
2.
If your trial is ongoing,
when did the trial start and
please provide details of
any delays?
3.
Were you present at the
trial?
STAGE REACHED
AT THE TRIAL
If not, were you informed
of the trial and, if so, why
did you not attend?
4.
Was your lawyer present
at the trial?
5.
Could you communicate
with your lawyer during the
trial?
6.
Was the hearing open to
members of the public?
Did the press attend?
7.
During the trial, was your
lawyer able to cross
examine all prosecution
witnesses? If not please
explain.
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8.
Was your lawyer free to
call witnesses in your
defence to give evidence?
If not please explain.
9.
Did you give evidence?
Please explain.
10.
Did you understand the
language of the court?
If not, were you given an
interpreter to assist you?
In your opinion, was the
interpretation provided
sufficient for you to follow
the proceedings?
H)
SENTENCE
1.
If you have been
sentenced, please provide
details.
2.
Do you believe that this
sentence is more severe
because you are a
foreigner. Please provide
details.
I)
APPEALS
1.
Have you or any of the
other parties appealed
against the decision or
sentence?
Please provide details.
J)
ASSISTANCE RECEIVED
Please note the Fair Trials International is a non-governmental organisation, independent from the
UK Foreign and Commonwealth Office and other ministries of foreign affairs.
CONSULAR ASSISTANCE
1.
Was the Consulate
informed of your arrest?
2.
Have you been visited by
the consulate?
If so, please provide name
and contact details of your
Consular representative.
3.
What Consular assistance
are you receiving?
- visits
- attendance at court
hearings
- assistance in finding a
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lawyer
- assistance in getting
access to interpreters
- other, please specify
4.
What other forms of
consular assistance would
you like to receive and if
you have requested this,
provide details.
5.
Please provide the details
of any other organisations
or individuals that are
assisting in your case
(including their contact
details and a brief
description of the
assistance they are
providing)
6.
How did you hear about
FTI?
OTHER SOURCES OF SUPPORT
FAIR TRIALS INTERNATIONAL
How did you receive this
questionnaire?
7.
Are you aware of the kind
of assistance that we may
be able to provide and, if
so, what help do you
consider that you most
urgently require?
8.
Please provide details of
any legal and fair trial that
you would like information
about?
Nominated Contact
It can sometimes be difficult for FTI to maintain direct contact with people in custody. In such cases, it can be
helpful if we are provided with the name(s) and contact of family member(s)/friend(s) that you are happy to
nominate as FTI’s point of contact and who we can discuss your case with. Please provide their details below:
Name:…………………………………………………Relationship with you.........................................................
Address:………………………………………………………………...…………….................................................
Telephone:..........................................................Email:...............................................................................
Privacy Notice
We collect information about you when you complete our questionnaire. We may also collect information
about you from other sources (such as from your medical records and family members) in the course of
providing our services. This includes, for example, your name and contact details, your ethnic and religious
background, your health and details about your case. We use this information to assist you and otherwise
provide support in relation to your case. In connection with this, we may share your information with your
lawyer, the consular division of your country, members of your family/friends assisting you, your parliamentary
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representatives, governmental agencies and judicial bodies. We may also need to transfer your information to
third parties located in other countries. Some countries may not have laws that provide the same level of
protection for your information as laws in the UK, but FTI will take reasonable steps to ensure that your
privacy is protected by all others who are given access by FTI to your information. FTI will retain your
information for up to seven years after the end of any legal proceedings. By signing this authorisation form or
otherwise providing us with your information, you agree to this Privacy Notice.
Media: We may wish to raise awareness of your case by publishing information about you on our website
(www.fairtrials.net) and/or sharing your information with media organisations (both local and international) to
generate publicity. This may result in the transfer of your information outside of the UK. As we understand that
you may not wish for any such publicity, we give you the option of opting out below.
Please tick here if you do not want us to use your information for the purposes of generating any
publicity supporting your case. □
Lobbying: In addition, we may wish to use your information to support our general lobbying activities and
campaigns. Again, as we understand that you may not wish for any such publicity, we give you the option of
opting out below.
Please tick here if you do not want us to use your information to support our lobbying work or media
campaigns.
□
You can contact us by email at [email protected], by telephone at +44 (0)20 7822 2370 or by post at
Fair Trials International, 3/7 Temple Chambers, Temple Avenue, London, EC4Y 0HP, United Kingdom if you
have any questions about this Privacy Notice or how we treat your personal information. You may also
contact us at the same addresses if you would like to obtain a copy of the information we hold about you (we
may charge a small fee for this service), or to correct factual errors in our records. To protect your privacy and
security we will take reasonable steps to verify your identity before granting access or making any corrections
or updates to your information.
Authorisation
I hereby declare that I have instructed the registered charity “Fair Trials International” (FTI) to assist with my
case. (Please note that only your local lawyer will represent you directly in court.)
I request that my lawyer, the consular division of my country, my parliamentary representatives and my family
member(s) and/or friend(s) work collaboratively with FTI. I hereby consent to any of those parties disclosing to
FTI any information they may have in relation to me, including information about my arrest, alleged offence
and any subsequent trial and detention, and any other such pertinent information relating to my personal
circumstances. In addition, subject to the Privacy Notice set out above I authorise FTI to use and disclose
such information as it sees fit, and in whichever jurisdiction may be necessary, for the purposes of seeking to
obtain a speedy resolution of my case. I authorise FTI to make representations to governmental agencies and
judicial bodies on my behalf.
I hereby consent to the full and open ended disclosure of my private medical information (including all relevant
medical reports), to FTI. I am aware that I may withdraw this consent at any time on notice to FTI.
Address: ……………………………………………………………………….
Full name: ………………………………………………..
Date:…………………
Signature: ...........................................................
If the person requiring our assistance is unable to sign, this may be signed on his or her behalf by next of kin
or any other authorised person. Unfortunately, in such cases it will not be possible to obtain information from
some organisations and individuals (e.g. the consular services of the person’s country or his or her doctor) as
they may require the signature of the person to comply with data protection/privacy rules.
Full name…………………………………..................... Signature……………………………………………….....
Nature of relationship:…………………………………………………………………………………......................
Contact details:..........................................................................................................................................
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