Arrest of a U.S. Citizen Abroad
When arrested, a U.S. citizen has the same rights as a Spanish citizen. The
Embassy has a list of English speaking attorneys
that is available to any U.S. arrestee upon request. If the accused chooses not
to retain an attorney privately, a legal aid attorney (Abogado de Oficio) will
be appointed from the Bar Association.
When a U.S. citizen is arrested in Spain, the Consulate and Embassy are
responsible for ensuring that the arrestee's legal and human rights are
respected. Neither arrest nor detention deprives a U.S. citizen of a Consular
Officer's best efforts in this respect. At the same time, a Consular Officer
cannot act as the citizen's legal representative nor can the officer solicit
preferential treatment for the prisoner based on citizenship.
The Consular Officer’s Role
Spanish police ordinarily inform the Consulate of the detention of a U.S.
citizen within twenty-four hours of the arrest. The Consular Officer will come
to visit the arrestee as soon as possible after notification. On the initial
visit, the Consular Officer will check on the well-being of the detainee and the
circumstances of the arrest, provide the list of attorneys, and ask for a
Privacy Act Waiver to provide authorization for the consular officer to be in
contact with others regarding the arrest. If necessary, the Consular Officer
will intercede with local authorities to ensure full observance of the citizen's
rights under Spanish law.
If authorized by the citizen to do so, the Consular Officer will notify the
arrested person's family and relay requests for financial or other assistance.
Consular Officers in Spain try to visit detained U.S. citizens in pre-trial
status once every three months. For convicted prisoners, visits are scheduled
every six to twelve months.
The Consulate is obliged to bring evidence of maltreatment or discrimination
to the attention of the Spanish authorities if the citizen so requests.
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