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Updated April 2014 S:\Consular\Prisoners\Prisoner Pack\Prisoner Information Pack\Prisoner Pack BE Doha 2014.doc Prison Information Pack Doha, State of Qatar Information for British Nationals Imprisoned in Qatar

Prison Information Pack Doha, State of Qatar · S:\Consular\Prisoners\Prisoner Pack\Prisoner Information Pack\Prisoner Pack BE Doha 2014.doc The courts in Qatar If the Public Prosecutor

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Page 1: Prison Information Pack Doha, State of Qatar · S:\Consular\Prisoners\Prisoner Pack\Prisoner Information Pack\Prisoner Pack BE Doha 2014.doc The courts in Qatar If the Public Prosecutor

Updated April 2014

S:\Consular\Prisoners\Prisoner Pack\Prisoner Information Pack\Prisoner Pack BE Doha 2014.doc

Prison Information Pack Doha, State of Qatar

Information for British Nationals Imprisoned in Qatar

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Contents: Page No: 1. What the Embassy can and cannot do 3 2. The Criminal System in Qatar 5

3. Legal representation 6

4. Release and Deportation 7

5. Presidential pardons 7

6. Prison conditions 8

7. Visits 10

8. Other sources of help while you are in prison 10

9. Prisoners Abroad leaflet 12

10. Useful Arabic phrases/words 15

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Information for British Nationals Imprisoned in Qatar 1. What the Embassy can and cannot do

Introduction

Being arrested and put on trial in a foreign country can be a bewildering and even terrifying experience, especially if you don’t understand the language and don’t know your rights within the law. This guide will help you understand the criminal justice system of Doha, and what support is available to you as a British national. You can also read about how to apply for an appeal and a Presidential Pardon.

About the Embassy We are impartial; we are not there to judge you. We aim to make sure that you are treated properly and fairly in accordance with Qatari regulations and that you are treated no less favourably than other prisoners. We cannot get you better treatment than other prisoners. We can answer questions about your welfare and about prison regulations but not questions about legal matters. You should ask your lawyer or the court about legal matters. We can give you a list of English-speaking lawyers but neither Her Majesty’s Government, nor any official of the British Embassy, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequences of any legal action initiated or advice given. We cannot get you out of prison, pay fines, stand bail or interfere in local judicial procedures to get you out of prison or secure you an earlier trial date. We cannot investigate a crime or the circumstances of your arrest. We have tried to make sure that this information is accurate and up to date, but the Embassy cannot accept legal responsibility for any errors or omissions in the information. Who is my Consular Representative? Embassy Switchboard +974 4496 2000 Ann Munro +974 4496 2007 British Vice-Consul Karina Hudson +974 4496 2064 British Pro Consul Danielle Ryan +974 4496 2017

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British Pro Consul Fax: +974 4496 2086 Sunday – Thursday 08:00 a.m. – 15:30 p.m. Who will know that I have been detained? As soon as a British citizen is arrested and detained in Qatar, the Qatari authorities should let the detainee contact the British Embassy within 24 - 48 hours. However, this may not happen. It is essential that you inform the British Embassy as soon as possible after your arrest. It is your right to do so. We may be informed much more quickly by friends or relations. As soon as we are informed, we will do all we properly can to contact you and will try to visit you within 48 hours of being told that you have been detained. However, if you are transferred from a police station to the Central Jail before we are informed of your arrest we will only be able to visit you on the following Monday (Embassies’ visiting day). What will my family be told? For reasons of confidentiality we are not permitted to tell anyone that you have been detained or what the charges are without your permission. The Embassy must have your permission to discuss your case, or to confirm your detention with anyone. What will the Embassy do? We will try and contact you by telephone or in person within 24 hours. As soon as we have been notified of the arrest we will try and ask the authorities for permission to visit you, either at the police station or at the prison, and we will try to visit you within 48 hours of receiving permission. If you are not sentenced we must obtain an official permission from the Public Prosecution first before visiting you. The Consular Officer can: - Provide a list of local English -speaking lawyers. - Contact friends and family for you, if you want; and notify your next of kin of your

arrest. - Send any message to your next of kin. - In case they wish to transfer any money to you, we can tell your next-of-kin how to

transfer money to you, without bank charges, through the Foreign & Commonwealth Office in London.

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The Consular Officer cannot: - Get you out of prison, prevent the local authorities from deporting you after your

prison sentence or interfere in criminal or civil court proceedings; - Give you legal advice, investigate crimes or carry out searches for missing people,

although we can give you details of people who may be able to help you in these cases, such as English-speaking lawyers;

- Help you enter a country, for example, if you do not have a visa or your passport is not valid, as we cannot interfere in another country’s immigration policy or procedures;

- Get you better treatment in hospital or prison than is given to local people; - Pay your bail or lawyer nor guarantee to the court that you will pay them; - Pay any bills or give you money; If you have dual nationality and are imprisoned in the country of your other nationality the British Consul cannot assist you formally, under international law. However, Consular staff will provide whatever informal assistance the local authorities will allow. Your relatives and friends can contact the above address for advice from the Foreign & Commonwealth Office in London. 2. The Criminal Justice System of Qatar Is the system the same as in United Kingdom? No, it is not the same as in the United Kingdom. Qatar’s Civil Law system is based on the principles of Latin Law. All criminal cases are dealt with by the Civil Law system. What might happen when I am arrested?

After a person is arrested the police have the power to detain him / her for up to 24 hours. The case is then referred to the Public Prosecutor. The offices of the Public Prosecutor are open 7 days a week. If the investigations are not completed in that time, the police can request that the suspect remains in custody. In serious or complicated cases this would almost always be granted. The process for applying for an extension is as follows; after the first 24 hours a request for a 4 day extension can be applied for; the next request would also be for 4 days; the third request can be for an extension of up to 8 days; subsequent requests would be for extensions of 30 days. The total pretrial detention period will not exceed 6 months. After this time the case must be referred to the courts. The Public Prosecutor may also release suspects on bail, with or without conditions, while the investigation is ongoing. It is not standard practice for passports to be retained but a travel ban may be put in place until the investigations are concluded. The accused is entitled to legal representation throughout the process. There are no provisions for state-funded legal counsel. The investigation will be conducted in Arabic. An interpreter should be provided to assist in the investigation involving a non-Arabic speaker.

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The courts in Qatar

If the Public Prosecutor decides to send the case to court a date will be set for the first hearing. There is no time limit within which the case must be heard. A judge will then consider the case. It may take longer for a decision to be made in serious or complicated cases. Between July and September only a limited number of cases will be considered due to the extended summer break. There are three levels of criminal court. The Primary Court handles all cases initially and passes judgement. An appeal can be made to the Appeal Court within 15 days, if they are present in court. If they are not present, appeals can be made within 15 days of the publication of the judgement. In certain cases a further appeal can be made to the Supreme Court within 60 days of the official notification of the Appeal Court judgement. The Supreme Court also handles cases relating to state security, eg arms smuggling.

Occasionally, and usually only in minor cases, the case may be dropped if both parties make a statement. However, this can only be done before the case reaches the Public Prosecutor. Once it has reached the Public Prosecutor, the case can only be dropped with the authority of the Public Prosecutor General. Once the papers are passed to the court the case cannot be settled out of court.

In employer/employee disputes the Arbitration Section of the Ministry of Labour will look at the case first and try to assist both parties to reach a compromise. If no compromise is reached the case will be referred to the Labour Court. 3. Legal Representation In most cases it is advisable to have legal representation. Legal fees are high; they vary in accordance with the case and the lawyer’s experience. Lawyers usually require an advance payment before accepting a case. In cases involving money the lawyer may ask for a percentage of the final settlement if the case is successful. Lawyers will usually submit a written defence statement for the judge to consider. Lawyers can discuss cases with the Public Prosecutor before they reach court. Consular staff cannot give legal advice, but they can provide you with a list of lawyers who speak English. 4. Release and Deportation If a sentence of imprisonment followed by deportation is passed the prisoner will be deported back to their home country once the prison sentence has been served. This is known as judicial deportation. A prisoner must finance his own deportation and is kept in prison until someone pays for an air ticket. If nobody can pay for the air ticket, the prisoner will remain in prison while the Qatar Government arranges the deportation at its own expense. This may take a very long time.

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Even if the court did not order deportation your case may be referred to the Diwan’s office after your sentence has been completed. The Diwan’s office will then consider whether or not to “administratively” deport someone. Again, the prisoner will be responsible for paying the cost of the air fare. If you are to be deported you should arrange for an air ticket to be given to the prison authorities a couple of days before your release. On the day of your flight (provided that is the day of your release date) you will be collected from your cell and given your valuables and passport. You will then be taken to the airport police station prison and put in the custody of the Immigration Police. The Immigration Police will escort you to the aeroplane. 5. The Emiri Pardon Emiri Pardons are granted by H.H the Emir and your plea should be addressed to him. Your written plea should be given to one of the British Embassy representatives. The Embassy will forward it directly to the Emiri Diwan with a covering letter. Decisions on Emiri Pardons are taken case by case. There are no hard and fast rules for success and few are granted. We have listed below some ideas on how you can make the best of your application. It will be helpful if you submit your application with supporting letters. The most important will be from family members. Others should be from friends, plus perhaps another letter from a professional person who will support your case, e.g. your MP or MEP or a lawyer. If appropriate you may also request support from Prisoners Abroad.

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What should I say? The actual content of your letter of application and the supporting ones will depend upon the circumstances of your case. However, you must make clear that you:

understand the seriousness of your offence

repent your past conduct

long for reunion with your family, homeland and culture

wish to lead a socially useful life in future

will never do wrong again Priority may be given if there are strong medical grounds for an early release, but you must never criticise prison conditions, even if they are making your health worse. Equally, you must avoid any criticism of the Qatar judicial system and never claim innocence (even if you believe yourself to be innocent) as that implies fault with the system that convicted you. When should I apply? It is best to send requests one to two months before an important Islamic Muslim holiday. Two of the most important holidays are the end of Ramadan (Aïd el-Fitrr) and Aïd El Adha. You can also send your application to the Presidential Court through prison channels. 6. Prison Conditions The main prison in Doha is Doha Central Prison. If you are remanded in custody while the public prosecutor makes further investigations into your case or are given a jail sentence it is highly likely that you will serve this time in Doha Central Prison. If you are transported from the police station to the courts or to Doha Central Prison you will be shackled in handcuffs and leg chains. If you leave Doha Central Prison for any reason, such as a court visit, hospital visit etc you will also be transported in shackles. This method is also used when, if sentenced to deportation, you are taken to the airport to leave the country. Upon arrival at Doha Central Prison you will subjected to an intimate body search and your head will be shaved (females do not have their heads shaved). All of your possessions will be taken away and stored securely. However, if you wish you can arrange for someone to collect them on your behalf at a later date. You will be issued with a uniform. All other items of clothing, such as flip flops, T-shirts etc will need to be purchased from the weekly canteen (see below).

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Mail You can have letters sent directly to Doha Central Prison. The address is: (Name of prisoner and ward or block no) Doha Central Prison Salwa Road Al Rayan Doha State of Qatar There are no restrictions on the amount but there are rules about what you can and can’t receive. All letters are censored. Magazines, books and newspapers are permitted, though they will be looked at and may be censored. This procedure means that it may be a couple of weeks before they are actually given to you. Nude pictures are strictly forbidden. Letters out

Prisoners are allowed to receive letters and to send letters out of the prison. Telephone Calls Detainees are allowed between 2 to 3 outgoing calls a week as a privilege, telephone cards can be purchased in the prison. Families can call in to speak to the detainees.

Medical/dental

Medical and Dental treatment is provided free of charge, any patient with ongoing medical problems will be provided with the necessary treatment either in the prison or if required they will be transferred to a hospital. Food/diet Three meals a day are provided and special dietary requirements will be met Canteen/shop Detainees can buy food and other personal supplies from the Canteen/Shop which is located in the prison. They are able to order food for delivery once a week. Library The prison has a large library which is fully accessible by all detainees. There are study facilities and limited access to the internet. Books can be ordered if there is something specific they want, there are books in various languages

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Gym Detainees have access to exercise every day, outdoors and indoors. Access to the prison gym will only be granted by the prison doctor. Educational establishment Study facilities are available in the library. Access to distance learning is available with the option of obtaining a qualification.

7. Visits

Conjugal Visits Conjugal visits are allowed once a week if married. Consular Visits Consular staff from the Embassy in Doha will keep in regular contact with prisoners, either by visiting personally or by telephone. The frequency of visits will depend on local conditions and the individual prisoner’s circumstances.

Visits by family or friends

Prison regulations state that only family members can visit inmates in the prison. However, the public prosecutor may issue a visit order to a non-family member; this permission can be obtained from the public prosecutor’s office in Qatar Courts. This permission is a must for both family members and non-family members if you are not sentenced. Visiting times and days are quite specific and you or your family will need to find out this information.

8. Other Sources of Help whilst you are in Prison

Prisoners Abroad For more than thirty years the charity Prisoners Abroad (PA) has offered practical support and advice to Britons imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or not. PA is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in

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prison). They can also provide support and advice to your family during your imprisonment, if you wish. Once you seek help from PA, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance PA can offer will vary from country to country, but generally they can provide you with information and advice, in English on:

The criminal justice system of the country

Prison conditions and your rights as a prisoner

Obtaining magazines, newspapers, books

Finding a penpal

The language of your country of imprisonment

Translation of documents

Providing a grant for essential medicines and toiletries Prisoners Abroad 89 – 93 Fonthill Road London N4 3JH England Telephone 00 44 (0)20 7561 6820 (Mondays to Fridays 9.30 am to 5.30 pm) Email: [email protected] Website: www.prisonersabroad.org.uk After your release Possibly you have never lived in Britain and have no ties there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help work out what to do next. When you first arrive back in Britain you can visit Prisoners Abroad (see address above) on weekdays between 10 am and 4 pm for advice, to take a shower, use the temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, PA’s Resettlement Service can help with –

Advice on finding emergency accommodation in the London area

Claiming welfare benefits, including emergency benefit payments if you are destitute

Making appointments with doctors and dentists

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Putting you in touch with local agencies if you are not returning to the London area.

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency. Other sources of help are: Prison Fellowship International Prison Fellowship is a Christian organisation that gives support and help to people of all religions and those with none. It has members in 88 countries; they can visit or write to prisoners. They work with ex-prisoners and their families through their local group network. Prison Fellowship, England and Wales PO Box 945 Maldon Essex CM9 4EW Tel: 0044 (0) 1621 843 232 Fax: 0044 (0) 1621 843 303 Email: [email protected] Prison Fellowship, Scotland 110 St James Road Glasgow G4 0PS Tel/fax: 0044 (0)141 552 1288 Email: [email protected] Prison Fellowship, Northern Ireland 39 University Street Belfast BT7 1FY Tel/fax: 0044 (0)2890 243 691 Email: [email protected] The Salvation Army They can arrange to visit prisoners overseas through their international service. The Salvation Army International HQ 101 Queen Victoria Street London EC4P 4EP Tel: 0044(0)20 7332 0101 Fax: 0044(0)20 7329 6970

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Being arrested and held in prison abroad can be a confusing, terrifying and lonely experience. You may not understand the people around you and may know little or nothing of the local criminal justice system. Prisoners Abroad is a non-government organisation which provides a vital service to British nationals in prison abroad, to their families and to released prisoners returning to the UK. This leaflet explains the ways in which we can help you. All our services are free and confidential, and we make no moral judgement about the people we work with; we help convicted and unconvicted, guilty or innocent, solely on the basis of need. Our Casework team

Our casework team will be your main point of contact with Prisoners Abroad. We will provide a professional and confidential service and will try to respond your questions and your needs. Where possible we can talk to the prison authorities, your lawyer, the British Embassy, or any other relevant authority or organisation on your behalf. Where it is not possible to talk to the prison authorities or your lawyer, all contact will be with the Embassy and the FCO. All caseworkers speak at least one European language. Information

As part of the introductory Prisoners Abroad pack, you will receive two booklets containing information about issues which may affect you during your detention and (where available) you will also receive information on the prison and criminal justice system of the country in which you are held. If you have specific requests for information, our casework team will try to help. Where possible, they can also arrange for documents to be translated or provide information on how you can apply for transfer to the UK. Financial Assistance

If you have no other source of income, we can help in the following ways:

in developing countries, we can make regular payments to help you buy essentials such as food, vitamins and bedding;

in some circumstances, we can help with the cost of essential medical treatment that is not provided by the prison; and

in developed countries, we may be able to send you a one-off annual grant for items such as toiletries and stationery.

Representations and Liaison

Prisoners Abroad addresses complaints about prison conditions and treatment, and, where necessary, will lobby the relevant agencies that can help. We cannot get better treatment for you than is provided for other prisoners in the same country, and some authorities are more open to representations than others, but we will do whatever is possible. If you wish, we will keep in touch with the Embassy representative about your situation and can also refer you to other organisations.

----------------------------------------------------------------------------------------------------------------------------------------

First Name: Surname: Date of Birth: / /

Prisoner Number: Are you: (please tick) Male Female

Name of Prison:

Prison Address:

Country:

IN PRISON ABROAD? A GUIDE TO HOW PRISONERS ABROAD CAN HELP YOU 89 - 93 Fonthill Road London N4 3JH Tel 020 7561 6820 Fax 020 7561 6821 Email [email protected] Website www.prisonersabroad.org.uk Charity Number 1093710

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Signed Date

PRISONERS ABROAD GUIDE: HOW PRISONERS ABROAD CAN HELP YOU Social Contact and Support

We can send you:

Regular copies of our newsletter

International Freepost envelopes so that you can keep in touch with us and your family for free.

Magazines and newspapers

Donated paperback books

If you would like someone to write to you regularly, we can try to match you with a pen-pal who shares your interests Help For Your Family

Prisoners Abroad will also offer your family or friends advice, information and support. We have a series of leaflets that offer guidance and information on some of the problems that families face when they have a relative in prison abroad. Finally, if your family is on welfare benefits and would like to visit you, they can apply to us for a contribution towards travel costs. After Release

When you are released from prison, we can offer you a range of services to help you settle in the UK. For example, if you are returning to the London area, we can advise you on finding emergency accommodation and claiming benefits. We also offer temporary storage for luggage as well as use of a computer and shower facility.

What Prisoners Abroad cannot do for you

Prisoners Abroad will try to help you where possible. However there are limits to the assistance we can provide. We cannot:

Get you out of prison

Give legal advice about your case

Publicise your case in the press and media

Pay your fines or your airfare back to the UK

Provide living expenses if you are released on bail

Handle and/or speed up your transfer application

Visit you in prison abroad

If you have problems with any of the above issues, contact our casework team and explain your problem. In most cases, we will at least be able to provide some advice or tell you whom to contact for further help. Contact Us

If you think that we can help you or your family, or if you are interested in finding out more about our services, please fill out the form below and return it to us. By signing this form you are giving us your authorisation to discuss your case with the family members whose contact details you have given.

Prisoners Abroad, 89-93 Fonthill Road, London N4 3JH Tel. 020 7561 6820 Fax. 020 7561 6821 email: [email protected] website: www.prisonersabroad.org.uk Prisoners Abroad is a registered charity, number 1093710 Company number 04333963, registered in England

---------------------------------------------------------------------------------------------------------------------------------------- Please also give names of any family and friends you would like us to contact. We will send them information about Prisoners Abroad including services we provide to families of prisoners.

Name: Name:

Address: Address:

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Postcode: Postcode:

Tel. No.: Tel. No.:

Their Relationship To You Their Relationship To You

By signing this form you are giving us your authorisation to discuss your case with the family members whose contact details you have given.

Please cut off this part of the form and return it to: Prisoners Abroad, 89-93 Fonthill Road, London N4 3JH

Date……………………………..

Dear Prisoners Abroad,

On…………………….. I spoke with ………………………………., who would like to give his/her permission for

us to share information on his/her case with you and vice-versa. However …………….. is unable at this moment in

time to sign the Prisoners Abroad authorisation form and therefore give his/her written consent to this. The reason

for this is ……………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………..

Therefore the information on the authorisation form was read out to…………………………. as stated below and

he/she was asked to confirm that he/she understood the declaration and gave his/her consent verbally:

“Under the provisions of the Data Protection Act 1998, Prisoners Abroad needs your permission to keep your details on their database and to share information about your situation with the Foreign and Commonwealth Office. At Prisoners Abroad they have a strict confidentiality policy and will not share any information about you with anyone else unless they have your permission. If you do not give your verbal consent and sign the form when you can, it will be difficult for Prisoners Abroad to work with you in the future and you will not be able to access their Resettlement service after your return to the UK. Please note that Prisoners Abroad can only provide services to British Citizens detained overseas. They are unable to assist: non-British nationals, British dual nationals who are detained in the country of their other nationality (e.g. a British/US dual national detained in the USA) and British Nationals Overseas or other categories of British national who do not have automatic Right of Abode in the UK. If you would like to be in contact with Prisoners Abroad and to continue to receive their services, please give your verbal consent to the consular officer who will try and get you to sign an authorisation form when possible. To help you as much as possible, Prisoners Abroad sometimes need to contact prison authorities, social workers, lawyers and other agencies. Please confirm that this is this okay

I …………………………………………………., hereby agree that the Foreign and Commonwealth Office can disclose

the details of my arrest, alleged offence and any subsequent trial and detention, and any other such pertinent

information relating to my personal circumstances, to representatives of Prisoners Abroad. I further authorise

Prisoners Abroad to disclose the above mentioned details to the Foreign and Commonwealth Office upon request.”

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……………………………………………….gave their consent verbally to the above. Please note that consular

staff cannot sign the form on behalf of a detainee, and this is simply a record of verbal consent. This is an interim

measure, and we will continue to seek written consent from the detainee. As soon as we obtain it we will forward to

you.

Signed……………………………. Date………………….

10. Useful English/Arabic words

English Arabic

Amnesty / Pardon Afou

Appeal Istinaf

Application form Talab

Bathroom Hammaam

Blanket Battaniya

Blood test Fahs dam

Book Kitab

Case Kadiya

Case number Rakam al Kadiya

Central Prison Al Sejin Al Markazi

Clinic Eyada

Complaint Shakwa

Court Mahkama

Deportation Ibaad

Deposit Amanat

Doctor Tabeeb

Embassy Safara

Federal Supreme court Al Mahkama Al Itihadiya

Food Taam

Guilty Mouznib

Hearing session Jalsat Istimaa

Indictment Al Touhma

Innocent Barei

Interpreter Moutarjem

Jail Sejin

Judgement Mouhakama

Lawyer Mouhami

Library Maktaba

Money Feloos

No Problem Ma fi Moushkila

Notary Kateb Adel

Plaintiff Al Moudaii

Police Shurta

Power of attorney Wakala

Prison Director Mudir Al Sejin

Prison rules Kanoun Al Sejin

Problem Mushkila

Prosecutor Niyaba

Release Efraj

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Security Amn

Sentence Oukouba

Sentence Al Hokom

Sharia’a Court Al Mahkama Al Shariaa

Sick Mareed

Soap Saboon

Telephone call Moukalamat telephone

The Accused Al Mutaham

To buy Ashtary

Tomorrow Boukra

Visit Zieyara

Ward number Rakam Al Anbar

Water Maa

Witness Shahed