Americans travel to third world countries for any number of reasons- some honorable and some not so honorable. Occasionally a foreign tourist may violate a local law or at least be observed in questionable circumstances. Sometimes a corrupt local government will create false charges in order to detain wealthy or politically valuable American business people. A surprise search at a checkpoint or airport may reveal possession of contraband items, whether the foreign visitor was aware of their illegality or not can be immaterial at the time of arrest.
No matter what the circumstances leading to an arrest may be, the fact remains that you are now under arrest in a foreign land. You are no longer under the full protection of the laws of the United States of America. You may still have legal rights, but exercising those rights under duress is going to be difficult.
If you should ever find yourself under arrest in a third world country, consider the following pieces of advice:
1. Remember who you are and where you are. The minute you were detained and arrested, you stopped being a tourist or a businessman or a visitor. You are now a suspect and a prisoner- nothing more and nothing less. The authorities who arrested you live under the laws of their country and have sworn an oath to uphold those laws. It is in your best interest to demonstrate the utmost respect for their customs and culture.
Not all third world countries are lawless or under the control of dictators. Some developing countries actually do practice a form of justice similar to Western court systems. Holding cells may be primitive but not intolerably crowded or poorly maintained. Many charges may be dropped long before any trial begins. Surviving under these conditions may simply mean remaining calm and respectful as your case is processed.
If you find yourself in a more brutal prison system, choose your defiant moments well. Public attacks against your captors may be met with private retribution with few witnesses. Stay focused on proving your innocence and having your day in court, but leave the great escape plans and calls for revolution to the movie industry.
2. Make your communications with the outside world count. If you only get one phone call, don't waste it on an official bureaucracy with hundreds of other cases to handle. Speak with the one person you would trust the most to make all the other important phone calls on your behalf. This could be a spouse, employer, clergyman, private attorney or relative. You may only have one chance to tell your story, so give this person as many facts as possible.
If a phone call is not feasible, then try to smuggle a letter through sympathetic local visitors or medical staffers or charitable organizations. Ask to see a local priest or other religious leader. Take advantage of any outside resource your captors may offer.
3. Reconcile the reason(s) you were arrested. Not all countries treat suspects as innocent until proven guilty. You may have to prove your innocence rather than rely on the prosecutors to show proof of your guilt. You've been arrested. A sworn police officer believes you have committed a crime. Under many third world court systems, this is sufficient evidence to hold you for trial indefinitely. The burden of proof falls on you, not on those making the accusations.
This may be a good time to come to grips emotionally with the circumstances behind your arrest. If you are indeed guilty of the crime for which you've charged, then you may very well have to face punishment. It may make you feel better to use your American citizenship as leverage, but ultimately you did violate the laws of your host country. The best thing you can hope for is extradition back to the United States to face similar charges. If you're very fortunate, the judge may allow you to leave the country after posting a generous fine or making arrangements for restitution.
If you are indeed innocent, then you must adapt a survivor's mentality. No matter what the guards may do to test your resolve, you are not going to allow them to break you physically or spiritually.
You will have your day in court and you will be exonerated. As long as the right authorities and human rights groups are aware of your plight, you should survive this ordeal and clear your name.
4. Keep your eyes on the bigger prize. Even if all legal efforts fail and you find yourself behind prison walls, always remember those who are on the outside waiting for your release. If possible, keep a daily journal and request reading materials. If you have special skills, offer your services to the prison authorities. Any time spent away from the confines of a cell is time well spent. Learn the local language from other inmates and show them as much respect as possible. You may even teach English as a second language or lead informal religious meetings.
Many third world countries understand the political and economic power of the United States government, so a significant number of American citizens are eventually (and quietly) released as a gesture of goodwill between nations. The days of Americans spending their entire lives in hellish prisons for seemingly minor infractions have been drawing to a close for several years. The benefits of a good economic relationship with Western governments far outweigh the benefits of punishing a few unfortunate travelers.
