Vol. 491 No. 3
171 Mr. G. Mitchell asked the Minister for Foreign Affairs if he will discuss with the authorities of the United States of America the provisions of Article 36 of the Vienna Convention on consular relations in order to ensure that that administration abides by the regulations (details supplied); and if he will make a statement on the matter. [11864/98]
I understand that this question is prompted by the case of a Paraguayan national whom the Virginia State authorities had neglected to inform of his rights under the Vienna Convention to a visit by his consular representative. The individual concerned was subsequently sentenced to death and was executed on 14 April last. It is my understanding that he did receive a visit by his consular representative prior to his execution.
As I said on 29 April in my reply to a previous question related to this case, I share the Deputy's concern that in some cases State authorities in the United States are not informing foreign nationals of their right under the Vienna Convention to a visit by their consular representative, nor informing foreign consular representatives when one of their nationals is in custody. I have no reason to believe that this is a result of a deliberate policy by State authorities but rather the result of a lack of awareness of their obligations. However, the United States federal authorities are aware of the breach of their obligations under the Vienna Convention. In fact I understand that, in the case of the Paraguayan national, the Secretary of State, Ms Albright wrote to the Governor of Virginia requesting him to delay the execution. The Secretary of State pointed out, inter alia, the possible negative consequences for the many US citizens living and travelling abroad if some countries were to draw the conclusion that the US did not take it obligations under the Vienna Convention seriously. Despite this, the State authorities proceeded with the execution. In a second case, that of a Honduran national sentenced to death in Arizona, the US State Department requested the relevant authorities to consider the fact that Article 36 of the Vienna Convention had been violated, although it did not, I understand, ask for the execution to be postponed. Once again this was to no avail as the execution took place on 22 April.
I understand that the State Department is taking steps to ensure that State authorities in the US will be informed of their obligations. I have instructed the Embassy in Washington and Consulates General in the US to monitor the situation and, if further cases arise, I will make appropriate representations.
