NACDL - Sanchez-Llamas v. Oregon

Sanchez-Llamas v. Oregon

Amicus curiae brief of the National Association of Criminal Defense Lawyers and the Law Council of Australia in support of petitioner.

Brief filed: 12/20/2005

Documents

Sanchez-Llamas v. Oregon

United States Supreme Court; Case No. 04-10566

Argument

Suppression of incriminating statements is an appropriate remedy for the state’s violation of Article 36 of the Vienna Convention on Consular Relations. Notifying a foreign national of his right to seek consular assistance enables him to participate in the criminal process. Foreign defendants can participate in their own defense only when they are fully informed of their rights, are provided with competent interpreters, and are able to communicate effectively with attorneys and court personnel. Suppression of incriminating statements made in violation of Article 36 will simultaneously increase compliance with the treaty’s consular notification and access provisions and deter law enforcement from ignoring its obligations under the treaty. 

Author(s)

Prof. Thomas H. Speedy Rice, et al.