Consular notification

• The right to consular notification as a human right.

I. INTRODUCTION The late Professor Joan Fitzpatrick wrote in 2002 her reflections on U.S. implementation of the International Court of Justice (ICJ)...

• Suffolk Transnational Law Review
• Vol. 31 Nbr. 2, June 2008

• 28 CFR 50.5 - Notification of Consular Officers upon the arrest of foreign nationals.

• Code of Federal Regulations - Title 28: Judicial Administration

• State v. Linnik, (Ohio 2006)

Miranda waiver; motion to suppress; structural error; consular notification.

• Ohio Supreme Court

• Consular notification and access.

CT Feature

• Corrections Today
• Vol. 64 Nbr. 1, February 2002

• Bush Dead Wrong On Medellin Case

In fact, Justice Rum Bader Ginsburg, one of the Supreme Court's most ardent international law enthusiasts, conceded in a 2006 opinion that "in contrast to Miranda warnings, which must be given on the spot before the police interrogate, Article 36 of the Vienna Convention does not require the arresting authority to contact the consular post instantly." Naturally, that did not deter the vaunted "international community," which-when not defending genocide and suicide bombing-is beside itself that we barbarous Americans still put murderers to death (though, to give us some credit, we don't stone or decapitate as they do in parts of the world where the Religion of Peace holds sway).\n The President prudently withdrew the U.S. from the Optional Protocol, ensuring that, in the future, the Wor...

...The treaty says the notification should occur "without delay," but this term does n...

• Human Events
• August 21, 2009

• Immigration regulations: Inadmissible and deportable aliens, apprehension and detention; consular notification for detained aliens prior to removal order,

• FR, January 17, 2007
• Rules
• Immigration and Customs Enforcement Bureau

• Foreign nationals are entitled to consular notification and access.

NIC Update

• Corrections Today
• Vol. 66 Nbr. 7, December 2004

• Detained Foreign Nationals

Kelly details how the Pegasus Program has made available an easy process for law enforcement to quickly and accurately inform of their rights under international law. The process, based on input from the US State Department and state and local law enforcement agencies, produces a consular notification rights statement and consular notification fax sheet tailored to the foreign national's country and chosen language.

• Sheriff
• Vol. 58 Nbr. 2, March 2006

• State v. Liu, (Ohio 2008)

motion to withdraw guilty plea – Crim.R. 11 – voluntary – R.C. 2943.031 – ineffective assistance of counsel – interpreter – sentence – consular notification

• Ohio Supreme Court

• Supreme Court Cases 2005-2006 Term

In two separate cases, the Supreme Court considered the appropriate use of the exclusionary rule, refusing to apply it to instances where law enforcement fails to comply with the knock and announce requirement prior to making a forcible entry and to statements made by an individual when not afforded notice of the right to consular notification under Article 36 of the Vienna Convention on Consular Affairs. In two employment-related cases, the Court further clarified what speech and expressive conduct would qualify for protections afforded government employees under the First Amendment and clarified what would amount to retaliation within the antidiscrimination in employment provisions of Title VII of the Civil Rights Act of 1964.

• FBI Law Enforcement Bulletin
• Vol. 75 Nbr. 10, October 2006