Tips If Your Arrested Whilst Abroad

Being on a vacation should be a relaxing time for most, but approximately 3,000 Americans each year find themselves arrested while vacationing in another country. This is because most people are unaware that when holidaying abroad, you are subject to the laws of the country you are in, not your own. This also means that your local rights are nulled in a foreign country if it does not already exist there.

What should you do, then, if you get arrested whilst in a foreign country?

Know Your Rights

Under the Vienna Convention on Consular Relations (1963), a generally accepted treaty of many, but not all, countries, it is provided that foreign authorities are to inform the consul officer of the arrest of their nationals; or in some countries, only at request of the national.

Should you find yourself arrested, immediately request for the officials to notify you’re nearest embassy or consulate. You may be denied this right if the treaty is not in force between either country. If that happens, keep trying to persuade someone to make the contact for you.

What to expect from the Consul Officers

Once the consul officers have been notified of your arrest, they will eventually call or visit you. They will make known to you the general proceedings of the local judicial system; and make sure that you are fully aware of your rights and what is happening. Also, only at your approval, they will contact your family and friends about your arrest, in which they will relay to them your requests for financial or other aid.

While your consul officers are able to offer help, they are unable to demand your release, or obtain special treatment for you other than what is provided to the locals. But they will do all they can to protect your rights under the local law, ensuring you are not abused or discriminated against.

On legal matters, your consul officers are in no position to neither provide legal advice, represent you on trial, nor subsidize your legal fees or pay your fines with government funds. They are, however, able to assist you by providing a list of local attorneys who can represent you in court. If the local people do not commonly speak your language, they will shortlist the attorneys who do.

Remember that your consul officers will do their best to assist you through your arrest.

Be safe, not sorry.

As long as you are in a foreign country, you will be subject to its laws. The best bet to avoid being arrested abroad is to familiarize yourself with the laws of the country you are about to visit. You can do this by contacting your destination country’s embassy or consular in your area to inquire about any laws that might be contrary to that of your own countries. You may also request this information from your selected airline company.

Take special note of the laws and regulations pertaining to:

Drug violations
Possession of firearms
Photographing government, police or military constructions
Purchasing of Antiques

By going through this trouble while planning your vacation, you can rest assure you will not be unknowingly breaking any foreign laws during your holiday.

This article was written by an editor at Travel Rants.

Copyright Travel Rants 2005