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If you, a friend or a loved one is who is South African citizen is
arrested/detained abroad please contact the Liaison Office of South Africa (LOSA)
in Taiwan or friend or a loved one resident in South Africa may contact the
Consular Section of the DIRCO in Pretoria on +27 12 351 1000.
Introduction:
Under the Vienna Convention on Consular Relations (1963), which is the
generally accepted standard for all countries, persons who have been
arrested outside their own country must have access to their consular
representative.
South Africans in this situation must immediately request the authorities to
allow them to contact LOSA on 02 2715 2295 or 02 8175 8588
during office hours and 09 3218 8084 after hours
Alternatively, somebody can contact the Mission or the Department of
International Relations & Cooperation (DIRCO) - Consular Services in
Pretoria on their behalf.
Consular Officers seek to ensure that South African citizens arrested abroad
are treated humanely while incarcerated. In this regard issues such as
torture, inhumane or degrading treatment or punishment will be reported and
taken up with the local authorities.
The United Nations Standard Minimum Rules for the Treatment of Prisoners is
used as a guide.
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The Consular Officers from LOSA CAN assist the South Africans
detained/arrested abroad with:
1.
Establishing contact with the detainee as soon as possible after verifying
South African citizenship. (This service is rendered to ensure that South
Africans who have been arrested, detained or imprisoned under foreign
jurisdiction understand their rights and the services that can be provided
by the South African Government. Depending on specific circumstances,
contact can be in person, in writing, by telephone or through appropriate
intermediaries);
2. Provide
general information about the legal system of the country of arrest.
Information may include details on legal aid (if available) and prosecution,
a list of lawyers (no recommendations may be made for a specific lawyer)
remand, bail and appeal procedures so that he/she understands his/her rights
and the processes involved;
3.
Maintain contact with the arrested South African citizens abroad with due
observance of the laws and regulations of the arresting State.
4.
Undertake prison visits. The frequency of prison visits depends on current
policy, the location, culture and laws of the arresting State as well as the
prevailing security situation in the country and/or the prison;
5. Contact
the family or friends only if so requested in writing. No contact will be
established or information provided to anyone not agreed to in writing by
the South African citizen in detention/prison; Facilitate the transfer of
funds from family/friends in South Africa to the detainee/prisoner, with due
observance of the law and regulations of the South African Government and
the arresting State. The prevailing authorization determines that the amount
that may be transferred from South Africa for toiletries, food and personal
items (not legal fees) may not exceed R2,000-00 (two thousand Rand) per
month. The amount will not be carried over to the next month; Ensure that
medical problems are brought to the attention of the prison authorities;
6. Arrange
that monies deposited by the detainee/prisoner's family or others reach
him/her. The time period for the transfer of funds will vary depending on
local circumstances;
7.
Facilitate the sending and delivery of letters, medication and study
material (after sentencing) from family and/or friends in South Africa. This
facility is subject to the provisions and prevailing fees of DIRCO as
amended from time to time and in compliance with the laws and regulations of
the country of arrest/imprisonment. All postage fees will be for the cost of
the sender. Family and friends must provide South African stamps to the
detainee/prisoner. A valid original doctor's prescription in the name of the
recipient and the original pharmacist's proof of purchase must accompany all
medication. DIRCO - Consular Services reserves the right to contact the
doctor/dispensing pharmacist to verify the consignment. The time period for
the sending/delivery of letters and/or medication to a detainee will vary
according to the schedule of the diplomatic freight bag and local
circumstances. All other items such as books, magazines, clothing, food and
toiletries must be forwarded directly to the South African citizen. It is
important to check with the prison authorities the kind of items allowed and
how best to send them. LOSA can assist with information;
8. Upon
release and impending return to South Africa, family or friends (in South
Africa) may deposit fees at the Department of Home Affairs to pay for the
ticket. LOSA - Consular Services Section will arrange the purchase of the
ticket once proof is received that the money was deposited.
9.
Note: The LOSA, as well as DIRCO in Pretoria make every effort to
ensure that monies, letters, study material and medication are forwarded
without undue delay. However, the operational priorities of LOSA take
precedence. Local circumstances in the country also play a role.
The Consular Officers from LOSA CANNOT assist South Africans
detained/arrested abroad as follows:
1.1. 1.
Instigate or intervene in court proceedings or judicial processes;
2. Obtain
or give legal advice;
3.
Organize a release from prison or bail. The Government of South Africa has
not entered into prisoner exchange/transfer agreements with other countries;
4. Travel
to dangerous areas or prisons for a prison visit;
5.
Investigate a crime;
6. Obtain
better treatment in prison than that provided for local nationals;
7.
Instruct next-of-kin or friends to transfer money;
8. Pay
legal, medical or any other bills;
9. Obtain
accommodation, work, visas or residence permits;
10. Undertake
work done by travel agents, airlines, banks or car rental companies;
11. Formally
assist dual nationals in the country of their second nationality; and/or
12. In the
unfortunate event of death, pay for the preparation, transport, burial or
cremation of the mortal remains of a South African citizen.
Should
you require legal assistance in Taiwan, we suggest that you contact the Law
Society of South Africa who may be able to recommend lawyers in the Taiwan
who have an association with South African law firms. The contact details of
the Law Society of South Africa are:
Law Society of South Africa
304 Brooks Street
Menlo Park
PO Box 36626
Menlo Park
0102
Tel: +27 12 362-1729
Fax: +27 12 362-0969
Website:
www.lssa.org.za
Email:
kris@lssa.org.za
Law Society Of the Northern Provinces
123 Paul Kruger Street
Pretoria
PO Box 1493
Pretoria
0001
Tel: +27 12 338-5800
Fax: +27 12 326-2076
Email:
info@northernlaw.co.za
Dual nationals should please take note that
1. Dual
nationals arrested/detained in the country of their other nationality will
not receive assistance from South African Representatives.
2. If dual
nationals are arrested/detained in another country, of which they are not a
national, and they did not travel on their South African passport but on the
passport of their second nationality, the dual national must contact the
consular representative of the country on whose passport they traveled.
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