10 Oct 2007 @ 8:18 AM 

I have been reading the commentary about the MEDELLIN V. TEXAS case and those of the 51 other foreign nationals. 

At issue is article 36 Vienna Convention on Consular Relations which reads in part ….if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph; It would appear that the arresting or booking officer did not ask the person if he was from another country and did not inform the violator of his right to notify his national Consul…. This is a very important issue as should the U.S. fail to observe this requirement other nations around the world need not advise the U.S. Consuls when U.S. citizens are arrested or detained.To take the issue a step further in sanctuary cities there is an official policy not to determine if an arrestee is a foreign national thereby violating his legal rights.  The issue is not one where there is agreement that the International Court can tell us what to do or whether the federal government can tell a state what to do nor has it anything to do with the crime committed and its seriousness. It is all about protecting other Americans from unreasonable detention or arrest when they are traveling outside the United States.  A wrong step here can place all of us who travel to Mexico or any other country at a much greater risk.   

  

Posted By: Fred
Last Edit: 10 Oct 2007 @ 09:50 AM

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