Rights if Detained in a Foreign Country

Increasingly we are living in a smaller and smaller world, it is not uncommon for people to leave their country of citizenship to live or visit elsewhere. Usually these experiences with different cultures whether it be Americans visiting or living abroad or foreign nationals visiting or living here, are pleasant. Yet sometimes even the best and brightest may find themselves in trouble with the law. If a person is a foreign national detained in the United States, international law requires that such detainee be informed of their Article 36 rights.

Under Article 36 of the Vienna Convention on Consular Relations (VCCR), local authorities must notify all detained foreigners “without delay” of their right to have their consulate informed of their detention. At the request of the national, the authorities must then notify the consulate without delay, facilitate unregulated consular communication and grant consular access to the detainee. Consuls are empowered to arrange for their nationals’ legal representation and to provide a wide range of humanitarian and other assistance, with the consent of the detainee. Local laws and regulations must give “full effect” to the rights enshrined in Article 36. This provision is equally in force and applicable to United States citizens traveling or living abroad in any of the 166 countries that are a party to this convention.