Consular Notification and Access: The "International Golden Rule"

• NCJ Number: 217447
• Journal: FBI Law Enforcement Bulletin Volume: 76 Issue: 1 Dated: January 2007 Pages: 22-32
• Author(s): Jonathan L. Rudd J.D.
• Date Published: January 2007
• Length: 11 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis; Instructional Material
• Language: English
• Country: United States of America

Annotation

After an overview of the rights afforded foreign nationals under the Vienna Convention on Consular Relations (Vienna Convention), this article discusses issues of importance to law enforcement officers regarding their enforcement of the law on consular notification.

Abstract

The Vienna Convention is a multilateral treaty that codifies the international common law that governs consular relationships. It became enforceable in the United States after December 14, 1969, after being ratified by President Nixon upon the advice and consent of the Senate. The Vienna Convention is composed of 79 articles, most of which present rules for the operation of consulates, outline the functions of consular officers, and address the privileges and immunities afforded consular officials who work in a foreign country. Article 36 generally requires that law enforcement officials inform arrested or detained foreign nationals of their entitlement to have their consulate notified of the detention without delay. It further provides that if the detainee requests such notification, the consular post must be notified without delay. In addition, consular officials must be allowed to communicate with and have reasonable access to the detainee. In the United States, these obligations of consular notification and access are binding on Federal, State, and local governments. The U.S. Supreme Court has addressed issues in consular notification in Sanchez-Llamas v. Oregon and Bustillo v. Johnson. The issues addressed in these cases are discussed. This article also discusses the definition of a foreign national for the purposes of consular notification, who is responsible for consular notification, and what constitutes detention. Other issues addressed are when consular notification must be given, the type of notification that must be given, and the parameters of consular communication and access. 80 notes