Monday, October 12, 2015
Guide to Research on Consular Notification and Access under the Vienna Convention on Consular Relations
Article 36 of the Vienna Convention on Consular Relations (VCCR) requires that law enforcement authorities provide consular notification and access (CNA) without delay to foreign nationals who are arrested or detained in a host state. This CNA requirement has been the subject of much litigation in the United States and the United States has been sued at the International Court of Justice three times for failure to comply with this treaty obligation, the most recent case being the Avena case involving 51 nationals of Mexico.
Questions continue to arise regarding the details of the duty of consular notification and acces, including what does "without delay" mean and what remedies may be available if CNA is not provided? Now there is an updated research guide available on the consular access and notification requirements under the VCCR, which may be found here.