Report from the Embassy Visit - Oct 3, 2007

Read "A/N" as Kim.


On 3 October, Third Secretary (Palmisano) visited Kim at the Wad-ras prison, Calle Doctor Trueta, 76, Barcelona. The prison is located in the city centre, approximately 25 minutes drive from Barcelona international airport.

2. Third Secretary outlined the nature of consular protection and gave A/N a package that contained the arrest letter, a summary of Spanish criminal proceedings, NOK consent form, a list of English-speaking lawyers, the consular services charter and the brochure on what to do if arrested overseas. The visit lasted 55 minutes.

3. Circumstances of arrest: A/N was arrested at Barcelona international airport on 23 September. She said she was in transit from Brazil to the United Kingdom but had to pass through Spanish customs with a view to purchasing a Barcelona-London flight.

4. Welfare: A/N appeared to comprehend the gravity of her situation and appeared to be in a stable emotional state. She said she had been "up and down" but that she thought she would "be ok". She said there were other English-speaking prisoners and that she was making an effort to learn Spanish. A/N did not report any problems with food or sustenance. A/N is entitled to make five 8-minute telephone calls per week. The general switch number of the prison is +34 93 225 0884 (fax: +34 93 225 0891), although our understanding is that Spanish prisons do not allow inward calls to prisoners.

5. Medical conditions: A/N said she had no significant medical problems but that she had been in Africa recently and was still completing a course of anti-malaria antibiotics. She complained that she was in a cell with three heavy smokers and this was causing eye and throat irritation. While we offered to raise this with the prison authorities, we recommended that a more effective approach would be if A/N asked in person to be transferred to another cell.

6. Current legal status: A/N appeared before a Magistrate on 25 September and was represented by a court-appointed lawyer, Mr Francesc Rigol Garrit (+34 93 777 7569), who does not speak English but was assisted by an interpreter. We provided A/N with a list of English-speaking lawyers in Barcelona, including their fields of expertise. We explained that we could not provide legal advice, nor any recommendation of any of the lawyers on the list provided. There has been no date set for hearing although A/N believes it may be in approximately four months. A/N said that she believed her family would finance her defence. The prescribed prison term is as yet unknown, but could be in the vicinity of nine years. A/N asked about the prisoner exchange scheme. We explained the operation of the scheme in general terms but said that the first step was to focus on trial preparation. A/N said she had no criminal record in Australia. A/N was unaware of the location of her passport.

7. Next of kin: A/N signed a consent form authorising the Department to contact her Next of Kin.

8. Consular Operations action required: Grateful NOK be informed of prison visit.

Scott