The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law

Abstract

International tribunals — Inter-American Court of Human Rights — Advisory jurisdiction — Whether Court possessing necessary competence to render advisory opinion — Member State of Organization of American States requesting opinion — Whether fulfilling requirements stipulated in Court’s Rules of Procedure in its application — Considerations of Court in deciding whether to accept or reject request for opinion — Scope of Article 64(1) of American Convention on Human Rights, 1969 — Whether Court having authority to interpret international treaties other than American Convention on Human Rights — Mexico’s questions involving international instruments — Interpretation of international instruments — Whether rendering opinion would weaken contentious jurisdiction or lessen protection afforded to victim — Whether reasons to decline request for opinion — Contentious cases before Inter-American Commission and International Court of Justice — Relevance — Article 64(1) of American Convention on Human Rights, 1969

Treaties — Interpretation — American Convention on Human Rights, 1969 — Article 64(1) of American Convention — Scope — Other treaties concerning protection of human rights in American States — Article 36 of Vienna Convention on Consular Relations, 1963 — Articles 2, 6, 14 and 50 of International Covenant on Civil and Political Rights, 1966 — Whether treaties concerning protection of human rights in American States — Relationship to safeguards guaranteeing protection of rights of persons facing death penalty and Vienna Convention on Consular Relations — American Declaration of the Rights and Duties of Man, 1948 — Charter of Organization of American States, 1948, as amended

Consular relations — Right of access to consul for detained person — Right to be informed of right of access — Right of consul to be informed of detention — Vienna Convention on Consular Relations, 1963, Article 36 — Character of rights conferred by Article 36 — Whether human rights of the individual detainee

Human rights — Right to information on consular assistance — Right to consular communication — Right to consular notification — Right to consular assistance — Article 36 of Vienna Convention on Consular Relations, 1963 — Relationship to protection of human rights in American States — Characteristics of rights — Whether individual rights — Whether Vienna Convention on Consular Relations treaty concerning protection of human rights in American States — Enforceability of rights — Whether subject to protests of sending State — Meaning of “without delay” in Article 36(1)(b) — Crime punishable by death penalty — Relevance — Article 36 of Vienna Convention on Consular Relations, 1963

Human rights — Right to information on consular assistance — Relationship to minimum guarantees of due process of law — Inherent rights of individual as recognized in International Covenant on Civil and Political Rights, 1966, American Declaration, 1948, Charter of Organization of American States, 1948, as amended — Whether non-observance of right to information on consular assistance constituting violation of rights in Article 14 of ICCPR — Imposition of death penalty where non-observance of right to information — Whether violating right not to be arbitrarily deprived of one’s life — Article 4 of American Convention — Article 6 of ICCPR — Juridical consequences of violation

State responsibility — Obligation in international human rights treaties not to arbitrarily deprive of life — Article 4 of American Convention on Human Rights, 1969 — Article 6 of International Covenant on Civil and Political Rights, 1966 — Right to consular information in death penalty cases — Article 36(1)(b) of Vienna Convention on Consular Relations, 1963 — Failure by State to observe right to information — Whether violating right not to be arbitrarily deprived of one’s life — Juridical consequences of violation — Whether American States Parties to respective conventions having federal or unitary structure — Relevance for compliance with international obligations