Debate Politics Forums - View Single Post - Texas still plans to execute killer despite U.N. order

Tashah · 07-20-08, 12:43 PM

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ASSISTANCE TO U.S. CITIZENS ARRESTED ABROAD

SUMMARY: One of the most essential tasks of the Department of State and of U.S. embassies and consulates abroad is to provide assistance to U.S. citizens incarcerated abroad. The State Department is committed to ensuring fair and humane treatment for American citizens imprisoned overseas. We stand ready to assist incarcerated citizens and their families within the limits of our authority, in accordance with international law. We can and do monitor conditions in foreign prisons and immediately protest allegations of abuse against American prisoners. We work with prison officials to ensure treatment consistent with internationally recognized standards of human rights and to ensure that Americans are afforded due process under local laws.

CONSULAR ACCESS TO PRISONERS: Article 36(a) of the Vienna Convention on Consular Relations of 1963, 21 UST 77, TIAS 6820, 596 UNST 261, a multilateral treaty to which many, but not all, countries are party provides that consular officers shall be free to communicate with their nationals and to have access to them. However, Article 36(b) provides that the foreign authorities shall inform the consular officer or the arrest of a national "without delay" (no time frame specified), if the national requests such notification. Bilateral Consular Conventions between the United States and individual countries are more specific, requiring notification, regardless of whether the arrested person requests it, and generally specifying the time period in which such notification is to be made. When there is no treaty in force, notification and access are based on comity and largely dependent on whether the two countries have diplomatic relations.

Consular services include:

Upon initial notification of arrest:

- visiting the prisoner as soon as possible after notification of the arrest;

- providing a list of local attorneys to assist the prisoner obtain legal representation;

- providing information about judicial procedures in the foreign country;

- notifying family and/or friends, if authorized by the prisoner;

- obtaining a Privacy Act Consent;

- relaying requests to family and friends for money or other aid;

Source: US Department of State

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Prisoner Transfer Treaties

Q. IS IT POSSIBLE FOR A PERSON CONVICTED OF A CRIME IN ONE COUNTRY TO BE TRANSFERRED TO HIS/HER HOME COUNTRY WHERE HE/SHE WILL SERVE THE REMAINDER OF HIS/HER SENTENCE?

A. Yes. Under U.S. law (18 U.S.C. §§ 4100-4115) foreign nationals convicted of a crime in the United States, and United States citizens or nationals convicted of a crime in a foreign country, may apply for a prisoner transfer to their home country if a treaty providing for such transfer is in force between the United States and the foreign country involved.

Q. WHAT COUNTRIES DOES THE UNITED STATES HAVE PRISONER TRANSFER TREATIES WITH AT PRESENT?

A. The United States has 12 bilateral prisoner transfer treaties in force in Bolivia, Canada, France, Hong Kong S.A.R., Marshall Islands, Mexico, Micronesia, Palau, Panama, Peru, Thailand and Turkey.

Source: US Bureau of Consular Affairs