Vienna Convention on Consular Relations

As the year begins, and changes appear to be coming to both INTERPOL and the CCF,* Red Notice Law Journal reviews some highlights from the CCF’s activity in 2016.

Second case study: Americas-based client with Red Notice from north African country

In this case, our client had visited a country in the north of Africa on vacation as a young adult.  While vacationing, he was arrested for possessing a small amount of marijuana. He paid a fine and his passport was returned to him and he returned home as planned.

Many years later, he learned that he had been charged, tried, and sentenced in absentia (in his absence) to serve a lenghty prison term for a very different charge: trafficking in drugs, not just possession of a small quantity. He was shocked, because he had never been notified of the charges, the trial, or the sentence, and only learned of the Red Notice on the case when he attempted to travel.

We challenged the Red Notice on multiple grounds, including a new one for us: the requesting country violated its obligations under the Vienna Convention on Consular Relations (VCCR). The CCF ultimately recommended the removal of this Red Notice based primarily on two of the grounds that we raised: first, it found that the requesting country violated our client’s due process rights, and second, it violated its obligations under the VCCR. The CCF’s recommendation was accepted, and the notice was removed.

Our client had attempted to resolve this matter for years before coming to us for help, and had been told be other counsel that Red Notice removal simply was not possible. He was greatly relieved to learn first-hand that it was, indeed possible.

* These changes will be addressed in the coming posts.

As always, thoughts and comments are welcomed.