concluding that Article 36 does not create a judicially enforceable individual right to be informed of a right to consular notification upon arrest
How later courts described this case
- concluding that Article 36 does not create a judicially enforceable individual right to be informed of a right to consular notification upon arrest
- stating that the Convention confers "no individually enforceable right under Article 36 to be informed of a right to consular notification. . . ."
- concluding that the Vienna Convention does not confer on private citizens rights enforceable in federal court
- holding that criminal defendant must show prejudice to justify suppression as remedy for VCCR violation
Written by the judges who cited it.
The opinion
BEAM, Circuit Judge, concurring.
I join the court’s opinion without reservation. I write only to note that if it had been necessary for the court to decide the issue, I would have adopted the reasoning of those courts that have found that there is no individually enforceable right under Article 36 to be informed of a right to consular notification that attaches upon arrest in a manner similar to the right to receive a Miranda warning.