The unexpected premature loss of a loved one is a difficult situation to navigate for most people. When such a loss happens abroad and is clouded with the suggestion of foul play, there is an understandable immediate urgency to find out what happened, if that raises the possibility that the death occurred under suspicious circumstances or there is culpability on the part of an establishment or organisation that has responsibility for the safety of others, such as a hotel, the fight of justice can be a long and difficult road. Similarly, the serious assault of a relative abroad resulting in serious injury is equally challenging.
The recent case involving Jay Slater, the young man who seemingly vanished in Tenerife, whose death has now been established as an accident, was surrounded with theories, silence on the part of witnesses. The investigation carried out by the authorities was perceived to be hampered by the challenging terrain and the Tenerife police lack the scale of resources that is seen in UK-level missing‑person operations. The Guardia Civil declined assistance from UK investigators, including Lancashire Police, potentially slowing progress, demonstrating that it can be excruciatingly difficult to obtain the truth.
Frequently, especially in countries where the tourist industry features highly in the economy, certain authorities, seek to deflect what are perceived as negative reports that present the country in an adverse light. Relatives often have their concerns dismissed and face long delays for information, also there is often the implication that the deceased's or injured person's behaviour was the cause of their demise or injuries. Suggestions that heavy drinking leading to drunkenness, drug taking or reckless behaviour, either separately or all three contributed to the cause of death. Alternatively, an attack is passed off as an accident.
Most people have never faced such shocking circumstances before and are often at a loss as to the next steps to take. Frequently a bereaved family cannot penetrate the barriers thrown up and are fobbed off or misled as to their rights. Giambrone and Partners multi-jurisdictional lawyers have extensive experience relating to suspicious deaths, criminal assaults or accidents abroad and can guide and assist families to navigate to the truth and ensure that their legal position is not compromised.
In such difficult situations, families often feel powerless navigating unfamiliar legal systems, language barriers and bureaucratic hurdles can feel impossible.
In the event of a death abroad, regardless of how this occurred, the death must be registered in the country in which the person died. The documents you will need are:
- Your identification, such as a birth certificate, passport or driving licence which show your full name and date of birth
- The passport of the deceased or any other documents showing their full name, date of birth, passport number and where and whe the passport was issued.
As well as providing details of your relationship to the deceased, if you are the next of kin.
The importance of Swift Action
Vincenzo Senatore, senior partner commented "For relatives attempting to unravel the circumstances of a death or serious assault abroad speed of action is of the essence. We can provide guidance in accessing the support services of the Foreign, Commonwealth and Development office who can inform the appropriate authorities abroad of the British Government's interest in the incident and any resulting consequences." Vincenzo further commented "Our multi-lingual, multi-jurisdictional lawyers can keep you informed on the processes and any developments related to the circumstances of your relative, whether in connection with a death or a serious assault being investigated by the police."
The case of Helen Smith, who died in Saudi Arabia in 1979, established a legal precedent in England and Wales, creating a duty for coroners to investigate deaths of British citizens that occur abroad provided the remains are returned to the UK and the death is considered violent, unnatural, or the cause is unknown under the Coroners and Justice Act 2009 Giambrone and Partners can assist in all the practical aspects involved such as repatriation and representing you at the inquest, including approaching a coroner to request a post mortem in the UK to assist in establishing the facts involved in the death. This provision acts as a failsafe enabling accountability for fatal incidents and serious violent attacks overseas.
There are wide variations in both the laws and the way some acts of violence against the person, even when leading the death, are perceived in countries around the world and justice can be elusive without a persistent legal pressure. Giambrone and Partner's team of criminal lawyers have expertise and experience in penetrating the walls of obfuscation frequently thrown up around such cases and they bring determined tenacity in the pursuit of justice for our clients, recognising the destructive effect of sudden loss coupled with the strong suspicion that their loved one has suffered, not only the loss of life or serious attack but a serious miscarriage of justice in that the event is not taken seriously in the country in which it occurred and concerns of a bereaved family are brushed aside.
Our lawyers will doggedly fight for justice for you, investigating every avenue to ensure you will have both an explanation and justice for your loved one.
Vincenzo Senatore Vincenzo Senatore is a Senior Partner based alternately in both the London and Naples office. He is dually qualified Italian Avvocato (with Higher Rights of Audience) and admitted as Solicitor in the Republic of Ireland, np. and also qualified to plead before the International Criminal Court in The Hague.
Vincenzo has several years of post-qualification experience in Civil and Common law. Vincenzo has broad experience of UK and international cross-border transactions across a variety of industry sectors as well as international corporate and criminal law. Vincenzo is a formidable litigator with a demonstrable history of bringing transactions to successful conclusions, providing legal support to partners and delivering strategic advice to diverse clientele. Vincenzo has worked in the USA where, during his fellowship at the prestigious Stanford Centre for Biomedical and Ethics (Stanford University) he specialised in intellectual property related to human embryonic stem cells. His research was published in the prestigious peer-reviewed scientific journal Nature Biotech. During that time, he passed the first test (MPRE) to become a California attorney and also became Notary Public for the State of California.
Vincenzo's professional activities have encompassed, amongst others, being on the scientific organiser committee for the Association Internationale des Jeunes Avocats for conferences on Anglo-American Law and as speaker in webinars, lectures and conferences organised by the British Chamber of Commerce (IT), CUA, Columbus School of Law, Washington DC (USA), Lockey Stem Cells Building Research, Stanford University (USA), SKKU School of Business (Republic of Korea), and the Naples Bar Associations, as expert in Civil and Common law arena.
Vincenzo has been recently appointed to the CUA, Columbus School of Law's Alumni Council, Washington, DC. The prestigious Alumni Council forms the governing body of Catholic Law Alumni Association, formed in 2013 to endorse and advance the values, objectives, and well-being of The Catholic University of America and Columbus School of Law. He is also member of the International Criminal Court Bar Association, the Law Society of England and Wales, the Naples Bar Association, and of the International Academy of Financial Consumers (Korea) where he is also editorial member.
Vincenzo Senatore is to date the only Italian lawyer registered in the List of Professionals of the Italian Embassy in Tokyo and the Italian General Consulate in Osaka. Vincenzo heads the Giambrone's Japanese Desk in Italy and the Firm's offices both in Tokyo and Osaka, through the Strategic Alliances with Kikkawa Law Offices and Meilin International Law Firm.
Vincenzo regularly represents large and medium size Italian and Japanese enterprises in operations in both countries as well as private clients and entrepreneurs doing business with Japanese companies. His expertise includes a range of cross-border transactions, including M&A, joint ventures, opening branches and subsidiaries, and setting up companies in foreign countries, assisting clients to meet their outcomes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
