A new report by Reprieve, a non-profit organization based in London that provides legal representation and humanitarian assistance to foreign nationals on death row in the U.S., found that many U.S. states were not in compliance with the Vienna Convention on Consular Relations (VCCR). This treaty, which the U.S. has signed and ratified, requires participating countries to give arrested individuals from other countries timely notice of their right to contact their consular officials. In 95% of the U.S. death penalty cases involving foreign nationals reviewed by Reprieve, the requirements of the treaty had not been met. The report stated, “It is widely accepted that foreign nationals are at a significant disadvantage when confronted with the intricacies of the US criminal justice system - particularly when facing capital charges. They are likely to encounter various cultural and linguistic barriers that hamper their ability effectively to engage in the judicial process.” The report noted that none of the 37 death penalty states satisfactorily met their obligations under the VCCR, and even the federal government failed in 75% of their cases for which there was data. The report concluded with a series of recommendations for other countries to follow to effect full U.S. implementation of this treaty.

(“Honored in the Breach,” Reprieve, November 2012). See Foreign Nationals and Studies.

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