Vienna Convention on Consular Relations

From Wikipedia, the free encyclopedia

This article or section deals primarily with the United States and does not represent a worldwide view of the subject.
Please improve this article or discuss the issue on the talk page.

The Vienna Convention on Consular Relations (or VCCR) was completed in 1963 as a multilateral treaty to codify consular practices that developed through customary international law and numerous bilateral treaties.

The VCCR enumerates basic legal rights and duties of signatory States including

the establishment and conduct of consular relations, by mutual consent, and

the privileges and immunities of consular officers and offices from the laws of the “receiving State” (the country where the foreign consular office has been established).

Article 36 of the VCCR requires that foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest. The notice can be as simple as a fax, giving the person's name, the place of arrest, and, if possible, something about the reason for the arrest or detention. The police must fax that notice to the embassy or consulate, which can then check up on the person.

In March of 2005, the United States pulled out of the Optional Protocol to the convention, which allows the International Court of Justice to intervene when detained foreign nationals are denied access to consular officials when imprisoned in a country that is a signatory to the convention. In June 2006, the Supreme Court ruled that foreign nationals who are deprived of the right to consular notification and access after an arrest may not use the treaty violation to suppress evidence obtained in police interrogation or belatedly raise legal challenges after trial (Sanchez-Llamas v. Oregon).^{[citation needed]}

[edit] See also

[edit] External links

Text of the Convention
- PDF of text [1]
- Scanned certified copy [2]
“Implications of the Vienna Convention on Consular Relations upon the Regulation of Consular Identification Cards” by Elsea and others [3]
Washington Post article by Charles Lane - "U.S. Quits Pact Used in Capital Cases: Foes of Death Penalty Cite Access to Envoys" [4]