Under the Vienna Convention on Consular Relations 1963 (VCCR) Article 36, a foreign national arrested abroad has the right to:
Answer & Solution
Correct answer: B.
1. Article 36(1)(b) VCCR 1963: when a foreign national is arrested or detained, the receiving State shall, without delay, INFORM the consular post of the sending State and INFORM THE PERSON of his rights under this paragraph.
2. Article 36(1)(c): consular officers shall have the right to visit a national of the sending State in prison, custody or detention, to converse and correspond with him and to arrange for legal representation.
3. The ICJ in LaGrand (Germany v. USA, 2001) and Avena (Mexico v. USA, 2004) held that VCCR Article 36 confers INDIVIDUAL RIGHTS, not just inter-State rights.
4. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — Vienna Convention on Consular Relations 1963, Article 36; LaGrand (Germany v USA), 2001 ICJ Rep 466; Avena (Mexico v USA), 2004 ICJ Rep 12_
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