EISIL Logo - Home An ASIL Product
Electronic Information System for International Law
HOMEABOUT EISILWHAT'S NEWSITE MAPHELP          s
Find: in: Recent Additions   Advanced Search  

Save Record? 

Research Resource  
Title: ASIL Insights: The Supreme Court Decides a Consular Convention Case
Available From: http://www.asil.org/insights060707.cfm
Last Updated: 2006-07-07
Description: Frederic Kirgis analyzes the significance of the June 28, 2006 US Supreme Court decision on the rights of foreign nationals under the Vienna Convention on Consular Relations. Article 36 of the Consular Convention states that foreign nationals arrested in the US have a right to contact the consular post of their country.
Addressing a pair of cases on the subject, as Kirgis explains, "The Supreme Court considered three questions: (1) Does Article 36 create rights that defendants may invoke in criminal proceedings (an issue in both cases)? (2) Does a violation of Article 36 require suppression of a defendant�s statements to police (the issue in the Oregon case)? (3) May a state, in post-conviction proceedings, treat a defendant�s Article 36 claim as defaulted because he failed to raise the claim at trial (the issue in the Virginia case)?"
EISIL Categories: Home > States & Groups of States > The State & Its Organs > Diplomatic Agents and Missions
Keywords: consular law
criminal justice
human rights
treaties
Language(s): English
Site Administrator: American Society of International Law
webmaster@asil.org


ASIL Logo

Join UsJoin Us


SUGGEST SITE | REPORT A BROKEN LINK | CONTACT | ASIL



Join ASIL on:    Facebook     Twitter