Ensure Access to Consulates

Of the 74 foreigners on death row in the United States, only four were told of their right to contact their consulates after their arrest. This violated the Vienna Convention on Consular Relations, signed by the U.S. and 139 other nations and ratified in 1969.

Even though the State Department sends periodic mailers to the Justice Department and local and state law enforcement agencies reminding them of the consular notification requirement, the advice is often lost or disregarded. As a result, some foreign embassies and consulates have gone to court in defense of their citizens.

Consider the case of Joseph Stanley Faulder, a Canadian citizen whose execution in Texas, last set for Dec. 10, has been delayed by a court order. According to his lawyer, Faulder was improperly denied contact with a Canadian consulate after his arrest and eventual contact 15 years after his conviction helped uncover witnesses who would have bolstered his defense. U.S. Secretary of State Madeleine Albright had called for a stay of execution on the ground that Faulder should have been allowed to talk with a consulate.

Recently, the State Department apologized to Mexico for the failure of Virginia and Texas officials to adhere to provisions of the consular treaty in the cases of two Mexican nationals, and Paraguayan officials have sued Virginia on the ground that it violated the consular-contact rights of a Paraguayan citizen.

It should be clear how such negligence would be weighed in Washington if the shoe were on the other foot. Americans in trouble abroad expect and seek help from their consulates. Detained foreigners must be informed of such a right too.

The State Department has asked each governor to designate a state coordinator for consular notification. This official would be accountable for ensuring that all state and local justice agencies know the treaty requirements of consular contacts. It’s the law.