Vienna Convention Article 79- Interpretation

The Vienna Convention is a 79-article, multilateral treaty signed by the United States and Mexico. ( U.S. v. Lombera-Camorlinga (9th Cir. 2000) 206 F.3d 882, 884, cert. den. sub nom. Lombera-Camorlinga (2000) 531 U.S. 991 121 S. Ct. 481, 148 L. Ed. 2d 455 (Lombera-Camorlinga).) It was negotiated in 1963 and ratified by the United States Senate in 1969. (206 F.3d at p. 884.) Its provisions cover a number of issues, including arrest of a foreign national, that requires consular intervention or notification. ( Id. at p. 884.) Article 36 provides in part: "1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State: (b) if he or she 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 also be forwarded by the said authorities without delay. the said authorities shall inform the person concerned without delay of his or her rights under this sub-paragraph." (21 U.S.T. at p. 101.) In Lombera-Camorlinga, the Ninth Circuit Court of Appeals rejected similar arguments. It noted the Vienna Convention was drafted three years before Miranda. (Lombera-Camorlinga, supra, 206 F.3d at p. 886.) Further, although the rights to counsel and against self-incrimination are essential to our criminal justice system, those same rights are not recognized or enforced worldwide. (Ibid.) Unlike Miranda, the Vienna Convention does not require law enforcement officials to stop interrogation if the arrestee invokes his or her rights under it, and does not link consular notification to police interrogation. (Lombera-Camorlinga, supra, 206 F.3d at p. 886.) Because the exclusionary rule is the sanction for a violation of uniquely American rights, there is no indication the drafters of the Vienna Convention intended the exclusionary rule be used as a remedy for its violation. (Ibid.)