Vienna Convention on consular relations

Lucie H.

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Vienna Convention on consular relations

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Résumé du document

THE HAGUE, 10 March 2005. Today the International Court of Justice, the principal judicial organ of the United Nations, delivered its Judgment in the case concerning Vienna Convention on Consular Relations (Paraguay v. United States of America). On 3 April 1998, the Republic of Paraguay filed an application related to alleged violations of the Vienna Convention on Consular Relations of 24 April 1963 in the case of Mr. Angel Francisco Breard who had been arrested, tried, convinced and sentenced to death without being either informed of, or provided with his rights to consular assistance under that Convention. The Paraguay requested the Court to indicate Provisional Measures, i.e. the suspension of the sentence as long as the judgment was pending. Mr. Breard‘s execution was scheduled to the 14th April of March. Although the Court required in its Order of 9 April 1998 that the United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings, and should inform the Court of all the measures which it has taken in implementation of this Order , Mr. Breard was eventually put to death on the scheduled date.

Sommaire

Holdings of the court.
Facts and jurisdiction of the court.
1. The facts.
2. The admissibility of the submissions and the jurisdiction of the court.
The court's reasoning on the merits.
1. Violations of Articles 36 and 5.
2. The violation of the order for provisional measures.
3. Remedies to the dispute.
Annex.
Bibliography.

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Extraits

[...] Facts and Jurisdiction of the Court The Facts On 3 April 1998, the Republic of Paraguay filed an application related to alleged violations of the Vienna Convention on Consular Relations of 24 April 1963[1] in the case of Mr. Angel Francisco Breard who had been arrested, tried, convinced and sentenced to death without being either informed of, or provided with his rights to consular assistance under that Convention. The Paraguay requested the Court to indicate Provisional Measures, i.e. the suspension of the sentence as long as the judgement was pending. [...]

[...] Breard did speak English properly after having lived 6 years in the United States and as he was allowed contact with his family as soon as he was in custody, the Court believes that a consular officer would not have been needed either to provide an interpret or to contact the detainee's relatives. The Court adheres to the US's contention that no Paraguayan consular officer would have better explained the US judicial system to Mr. Breard than his appointed attorneys who were undoubtedly more familiar with it. The Court also agrees on the fact that “there is no credible evidence that Mr. [...]

[...] Indeed, Article specifies that authorities of the receiving State shall inform the [arrested or imprisoned person] . of his rights without delay" (emphasis added). Furthermore, the Court takes note of the press release from the US Department of State in which James Rubin stated that the US intends to . ensure that the consular rights of foreign nationals in the United States are respected, and that Paraguayan and other foreign nationals in the United States are properly notified of their right to request consular assistance if they are arrested or detained.”[13] The Court reaffirms its position on the Vienna Convention: it does create some individual rights to consular assistance. [...]

[...] Vienna Convention on Consular Relations Holdings of the Court THE HAGUE March 2005. Today the International Court of Justice, the principal judicial organ of the United Nations, delivered its Judgment in the case concerning Vienna Convention on Consular Relations (Paraguay v. United States of America). In its Judgment, which is final, without appeal and binding on the Parties, the Court, with regard to the merits of the dispute, Finds that it has jurisdiction, on the basis of Article I of the Optional Protocol concerning the Compulsory Settlement of Disputes to the Vienna Convention on Consular Relations of 24 April 1963, to entertain the Application filed by the Republic of Paraguay on 3 April 1998. [...]

[...] 67–83 - Jane Amory Allen Execution of Angel Breard: The United States Federalist System as a scapegoat for the violation of an ICJ Order”, Richmond Journal of Law and the Public Interest, Volume IV, No (Fall 1999). Books - Antonio Cassese, International Law, Second Edition (Oxford : OUP, 2005)Dupuy - The International Court of Justice Handbook, 5th Edition, ICJ The Hague 2004, Printed in Great Britain. Press - Cécile Chambraud, Etats-Unis se retirent du protocole permettant aux condamnés étrangers de recourir à l'aide consulaire article printed in the paper edition of available in the archives of www.Lemonde.fr - AFP/ Reuters, Un Paraguayen exécuté aux Etats-Unis contre l'avis de la Cour de La Haye article printed in the paper edition of See www.lemonde.fr - Stéphanie Maupas Washington sommé de surseoir à l'exécution de trois Mexicains article printed in the paper edition of See www.lemonde.fr Case law - United States Diplomatic and Consular Staff in Tehran (United States of America v. [...]

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