Posted: 00:53 EST
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We saw this the other night:
On March 4, the US Embassy in Caracas issued the following security message on the recent detention of U.S. citizens in Venezuela:
The U.S. Embassy wishes to call to the attention of U.S. citizens traveling to or living in Venezuela the Government of Venezuela’s recent detention of several U.S. citizens in Venezuela. Under the Vienna Convention, if you are arrested overseas, you have the option to request that the police, prison officials, or other authorities alert the nearest U.S. embassy of your arrest and to have communications from you forwarded to the nearest U.S. embassy. In practice, the Venezuelan government frequently fails to notify the U.S. Embassy when U.S. citizens are arrested or detained, and/or delays or denies to U.S. detainees. Please ask friends or family to notify the U.S. Embassy immediately on your behalf should you be detained by government authorities.
This announcement is available on the U.S. embassy website, but is not/not available on the embassy’s Facebook or Twitter feed. When we inquired from the embassy’s Public Affairs Office, we were told to direct our inquiry to the Consular Section. Like whaaat?
This can’t possibly be an easy time for what is already a challenging environment, so let that slide for now. The American Citizen Service at Embassy Caracas did not respond to our inquiry. A related note, the Diplomatic Security’s Crime and Safety report on Venezuela in 2014 says:
Harassment of U.S. citizens by airport authorities and some segments of the police are limited but do occur. Any incident should be reported to American Citizen Services (ACS) Unit at the U.S. Embassy. The ACS Unit can be reached by telephone at +58 (212) 907-8365 or by e-mail at ACSVenezuela@state.gov.
The recent detention of U.S. citizens in Venezuela is clearly an escalation beyond simple harassment.
The United States does not appear to have a bilateral agreement with Venezuela concerning mandatory notification when it comes to the arrest of U.S. nationals in Venezuela.
However, Venezuela is a party to the Vienna Convention on Consular Relations (VCCR), a multilateral treaty to which the United States and more than 170 other countries are party. This is the same treaty that President Maduro cited in announcing the reduction of U.S. Embassy staff in Caracas (see Venezuela: Nicolas Maduro’s Theory of Everything — Blame The Yanquis!).
Venezuela is also a party to Treaty of Peace, Friendship, Navigation and Commerce with the United States of America, Jan. 20, 1836, 12 Bevans 1038 (entered into force May 31, 1836), a bilateral agreement addressing consular issues with the U.S. since 1836 (see Consular Notification and Access-pdf).
Let’s stop here for a moment and look at Texas. As in Medellin v. Texas. The United States has been cited for failing to provide consular notification in cases brought by Paraguay in 1998, by Germany in 1999,and by Mexico in 2003 before the International Court of Justice.
State Department officials have travelled since 1997 but more extensively since 2003, throughout the United States to give classes and seminars about consular notification and access to federal, state, and local law enforcement, corrections and criminal justice officials.
The obligations of consular notification and access apply to U.S. citizens in foreign countries just as they apply to foreign nationals in the United States. The State Department’s guidance to the arrest of foreigners in the United States is to “treat a foreign national as you would want a U.S. citizen to be treated in a similar situation in a foreign country.”
Because when we don’t, it’s hard to make a case that other countries should abide by their obligation for consular notification and access when U.S. citizens are arrested overseas.
And as if things are not strange enough in the U.S.-Venezuela relations, take this one:
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