Vienna convention 1963 pdf

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Vienna Convention on Consular Relations "VCCR" Because of its comprehensive nature and near-universal applicability, the VCCR now establishes the "baseline" for most obligations with respect to the treatment of foreign nationals in the United States, and for the treatment of U. The VCCR provides rules for the operation of consulates and for the functions of consuls and honorary consuls of a "sending" country i.

Much of the VCCR addresses the "privileges and immunities" of consular officers e. Some of the VCCR's articles, however, address what consular officers may actually do for their nationals in the "host country.

Article 36, paragraph 1 b , requires the authorities of the receiving state to notify the consular post of the sending state without delay of the arrest or commitment of a national of the sending state, if that national so requests. Serious problems in this regard have been experienced by American consular officers in countries of Eastern Europe, where. During this period of days, weeks, or even months, authorities of the receiving state may decline to observe that State's obligation to make notification to consular officials of the sending State.

Clearly, this type of procedure is not in keeping with either the letter or the spirit of the Vienna Convention. They who make the laws may, without doubt, amend or repeal them; and it will not be disputed that they who make treaties may alter or cancel them; but still let us not forget that treaties are made, not by only one of the contracting parties, but by both, and consequently, that as the consent of both was essential to their formation at first, so must it ever afterwards be to alter or cancel them.

Rangel-Gonzalez,17 the court reversed a conviction of illegal entry after deportation holding that the underlying indictment should have been dismissed for failure to inform defendant of his right to communicate with Mexican consular officers as required by INS regulations.

The court noted that "[t]he right established by the regulation and in this case by treaty is a personal one. The courts have held that no fundamental right is implicated by the failure to give consular notification and refused to dismiss an indictment. A convention or treaty signed by the United States does not alter or add to our Constitution. In general, however, this is not so. The purpose of Article 36 is two-fold: to protect the rights of a foreign national subject to foreign proceedings and the concomitant right of the consulate to ensure that the rights of its citizens are protected.

Therefore, it is argued that the Vienna Convention expressly, or alternatively, by implication, grants individual enforceable rights to foreign nationals. Vienna Convention rights as analogous to Miranda It has been argued, albeit unsuccessfully, that the right to speak to consular authorities is analogous to, and in no way less important than, an individual's Miranda rights.

Any waiver of the right to counsel and the right to remain silent must be made "voluntarily, knowingly and intelligently. People not only have a right to access to their consular officials, but they must know they have that right so they can exercise that right intelligently. The treaty is not designed to give aliens any more rights; rather to make certain his rights under the United States Constitution are protected.

Requirement for an Interpreter Interpreter or translation services are required to be provided upon the request of a defendant or witness the court has determined cannot speak or understand English. Any person may be subpoenaed, attached or recognized in any criminal action or proceeding, to appear before the proper judge or court to act as interpreter therein, under the same rules and penalties as are provided for witnesses.

In the event that the only available interpreter is not considered to possess adequate interpreting skills for the particular situation or the interpreter is not familiar with use of slang, the person charged or witness may be permitted by the court to nominate another person to act as intermediary between himself and the appointed interpreter during the proceedings.

Requirement for Licensed Court Interpreters House Bill , passed by the 77th Legislature in , added a new Chapter 57 to the Texas Government Code and requires a court in a county with a population of 50, or more to appoint licensed court interpreters if a motion is made requesting an interpreter and the judge determines that an interpreter is necessary. Chapter 57, sets out the pertinent provisions, as follows: Section Definitions In this subchapter and for purposes of Subchapter B: 1 "Certified court interpreter" means an individual who is a qualified interpreter as defined in Article A person may not advertise, represent to be, or act as a certified court interpreter unless the person holds an appropriate certificate as provided by law.

In counties with populations not exceeding 50,, a court is not required to appoint a licensed court interpreter. The current state of authority is as follows: 1. In juvenile proceedings where a parent, whose attendance is mandatory, cannot communicate in English and requires an interpreter. The Attorney General opined that because a court may impose conditions or sanctions against a parent, the parent is treated as a party and may be entitled to a licensed court interpreter.

If the only person licensed to interpret in a particular language resides in distant location, a court meeting the population requirements would be required to appoint that person. In Hernandez v. State,71 the appellant contended that the trial court erred by failing to ensure the plea and sentencing procedures were translated by a certified interpreter. In this case, no motion was made for the appointment of an interpreter and trial counsel had offered to translate indicating no need for an interpreter.

The Court found that the Defendant failed to show that the trial court abused discretion in not appointing a different individual, other than defense counsel, to act as an interpreter.

The Court further found that Article Mary's L. INS, 17 F. State, S. As a general rule, this notification shall be given in advance. The receiving State may make the admission as acting head of post of a person who is neither a diplomatic agent nor a consular officer of the sending State in the receiving State conditional on its consent. The competent authorities of the receiving State shall afford assistance and protection to the acting head of post.

While he is in charge of the post, the provisions of the present Convention shall apply to him on the same basis as to the head of the consular post concerned.

The receiving State shall not, however, be obliged to grant to an acting head of post any facility, privilege or immunity which the head of the consular post enjoys only subject to conditions not fulfilled by the acting head of post.

When, in the circumstances referred to in paragraph 1 of this article, a member of the diplomatic staff of the diplomatic mission of the sending State in the receiving State is designated by the sending State as an acting head of post, he shall, if the receiving State does not object thereto, continue to enjoy diplomatic privileges and immunities.

Article 16 Precedence as between heads of consular posts 1. Heads of consular posts shall rank in each class according to the date of the grant of the exequatur. If, however, the head of a consular post before obtaining the exequatur is admitted to the exercise of his functions provisionally, his precedence shall be determined according to the date of the provisional admission; this precedence shall be maintained after the granting of the exequatur.

The order of precedence as between two or more heads of consular posts who obtained the exequatur or provisional admission on the same date shall be determined according to the dates on which their commissions or similar instruments or the notifications referred to in paragraph 3 of article 11 were presented to the receiving State.

Acting heads of posts shall rank after all heads of consular posts and, as between themselves, they shall rank according to the dates on which they assumed their functions as acting heads of posts as indicated in the notifications given under paragraph 2 of article Honorary consular officers who are heads of consular posts shall rank in each class after career heads of consular posts, in the order and according to the rules laid down in the foregoing paragraphs.

Heads of consular posts shall have precedence over consular officers not having that status. Article 17 Performance of diplomatic acts by consular officers 1. The performance of such acts by a consular officer shall not confer upon him any right to claim diplomatic privileges and immunities.

A consular officer may, after notification addressed to the receiving State, act as representative of the sending State to any intergovernmental organization. When so acting, he shall be entitled to enjoy any privileges and immunities accorded to such a representative by customary international law or by international agreements; however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention.

Article 18 Appointment of the same person by two or more States as a consular officer Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that State. Article 19 Appointment of members of consular staff 1. Subject to the provisions of articles 20, 22 and 23, the sending State may freely appoint the members of the consular staff. The full name, category and class of all consular officers, other than the head of a consular post, shall be notified by the sending State to the receiving State in sufficient time for the receiving State, if it so wishes, to exercise its rights under paragraph 3 of article The sending State may, if required by its laws and regulations, request the receiving State to grant an exequatur to a consular officer other than the head of a consular post.

The receiving State may, if required by its laws and regulations, grant an exequatur to a consular officer other than the head of a consular post. Article 20 Size of the consular staff In the absence of an express agreement as to the size of the consular staff, the receiving State may require that the size of the staff be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the consular district and to the needs of the particular consular post.

Article 22 Nationality of consular officers 1. Consular officers should, in principle, have the nationality of the sending State. Consular officers may not be appointed from among persons having the nationality of the receiving State except with the express consent of that State which may be withdrawn at any time. The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State.

The receiving State may at any time notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is not acceptable. In that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post. If the sending State refuses or fails within a reasonable time to carry out its obligations under paragraph 1 of this article, the receiving State may, as the case may be, either withdraw the exequatur from the person concerned or cease to consider him as a member of the consular staff.

A person appointed as a member of a consular post may be declared unacceptable before arriving in the territory of the receiving State or, if already in the receiving State, before entering on his duties with the consular post. In any such case, the sending State shall withdraw his appointment. In the cases mentioned in paragraphs 1 and 3 of this article, the receiving State is not obliged to give to the sending State reasons for its decision.

Article 24 Notification to the receiving State of appointments, arrivals and departures 1. When possible, prior notification of arrival and final departure shall also be given.

Article 26 Departure from the territory of the receiving State The receiving State shall, even in case of armed conflict, grant to members of the consular post and members of the private staff, other than nationals of the receiving State, and to members of their families forming part of their households irrespective of nationality, the necessary time and facilities to enable them to prepare their departure and to leave at the earliest possible moment after the termination of the functions of the members concerned.

In particular, it shall, in case of need, place at their disposal the necessary means of transport for themselves and their property other than property acquired in the receiving State the export of which is prohibited at the time of departure. In the event of the severance of consular relations between two States: a the receiving State shall, even in case of armed conflict, respect and protect the consular premises, together with the property of the consular post and the consular archives; b the sending State may entrust the custody of the consular premises, together with the property contained therein and the consular archives, to a third State acceptable to the receiving State; c the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.

In the event of the temporary or permanent closure of a consular post, the provisions of subparagraph a of paragraph 1 of this article shall apply. In addition, a if the sending State, although not represented in the receiving State by a diplomatic mission, has another consular post in the territory of that State, that consular post may be entrusted with the custody of the premises of the consular post which has been closed, together with the property contained therein and the consular archives, and, with the consent of the receiving State, with the exercise of consular functions in the district of that consular post; or b if the sending State has no diplomatic mission and no other consular post in the receiving State, the provisions of subparagraphs b and c of paragraph 1 of this article shall apply.

Article 29 Use of national flag and coat-of-arms 1. The sending State shall have the right to the use of its national flag and coat-of-arms in the receiving State in accordance with the provisions of this article. The national flag of the sending State may be flown and its coat-of-arms displayed on the building occupied by the consular post and at the entrance door thereof, on the residence of the head of the consular post and on his means of transport when used on official business.

In the exercise of the right accorded by this article regard shall be had to the laws, regulations and usages of the receiving State. Article 30 Accommodation 1. The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws and regulations, by the sending State of premises necessary for its consular post or assist the latter in obtaining accommodation in some other way.

It shall also, where necessary, assist the consular post in obtaining suitable accommodation for its members.

Article 31 Inviolability of the consular premises 1. Consular premises shall be inviolable to the extent provided in this article. The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission of the sending State.

The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action. Subject to the provisions of paragraph 2 of this article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.

The consular premises, their furnishings, the property of the consular post and its means of transport shall be immune from any form of requisition for purposes of national defence or public utility. If expropriation is necessary for such purposes, all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid to the sending State. Article 32 Exemption from taxation of consular premises 1.

Consular premises and the residence of the career head of consular post of which the sending State or any person acting on its behalf is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered. The exemption from taxation referred to paragraph 1 of this article shall not apply to such dues and taxes if, under the law of the receiving State, they are payable by the person who contracted with the sending State or with the person acting on its behalf.

Article 33 Inviolability of the consular archives and documents The consular archives and documents shall be inviolable at all times and wherever they may be.

Article 34 Freedom of movement Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure freedom of movement and travel in its territory to all members of the consular post. Article 35 Freedom of communication 1. The receiving State shall permit and protect freedom of communication on the part of the consular post for all official purposes.

In communicating with the Government, the diplomatic missions and other consular posts, wherever situated, of the sending State, the consular post may employ all appropriate means, including diplomatic or consular couriers, diplomatic or consular bags and messages in code or cipher.

However, the consular post may install and use a wireless transmitter only with the consent of the receiving State. The official correspondence of the consular post shall be inviolable.

Official correspondence means all correspondence relating to the consular post and its functions. The consular bag shall be neither opened nor detained. Nevertheless, if the competent authorities of the receiving State have serious reason to believe that the bag contains something other than the correspondence, documents or articles referred to in paragraph 4 of this article, they may request that the bag be opened in their presence by an authorized representative of the sending State.

If this request is refused by the authorities of the sending State, the bag shall be returned to its place of origin. The packages constituting the consular bag shall bear visible external marks of their character and may contain only official correspondence and documents or articles intended exclusively for official use. The consular courier shall be provided with an official document indicating his status and the number of packages constituting the consular bag.

Except with the consent of the receiving State he shall be neither a national of the receiving State, nor, unless he is a national of the sending State, a permanent resident of the receiving State. In the performance of his functions he shall be protected by the receiving State. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.

The sending State, its diplomatic missions and its consular posts may designate consular couriers ad hoc. In such cases the provisions of paragraph 5 of this article shall also apply except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the consular bag in his charge.

A consular bag may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorized port of entry.

He shall be provided with an official document indicating the number of packages constituting the bag, but he shall not be considered to be a consular courier.

By arrangement with the appropriate local authorities, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft. Article 36 Communication and contact with nationals of the sending State 1.

With a view to facilitating the exercise of consular functions relating to nationals of the sending State: a consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State; b 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; c consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation.

They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement.