91998E0333

WRITTEN QUESTION E-0333/98 by Thomas Megahy (PSE) to the Council (17 February 1998)

Subject: Violation by the United States authorities of rights guaranteed by the Vienna Convention on consular relations

Between 60 and 100 foreign nationals have been condemned to death in the United States of America and are currently awaiting execution. At least 8 of these are citizens of Member States of the European Union. Under Article 36 of the Vienna Convention on consular relations, to which the United States is a signatory, every foreign national should in such circumstances be given access to his or her consul. Few of the condemned prisoners have been given such access.

Could the Council state what action either it or any of its constituent Member State authorities intends to take, or intends to request the Commission to take, in relation to this clear violation of both human rights and civilised behaviour?

Answer (13/14 July 1998)

The Council regrets that in some cases, whether at state or federal level, the authorities concerned do not notify consular officials as they should.

As a party to the Vienna Convention on consular relations, the United States is required to apply its provisions, including those concerning consular officials' access to individuals in prison. It is for the Member States of the European Union to protect the interests of their nationals in the United States and, where appropriate, to intervene with the competent United States authorities to resolve any problems that their consular representations may encounter. If there is no diplomatic or consular representation of the Member State of the citizen concerned, then, in accordance with Article 8C of the Treaty establishing the European Community, he or she will be entitled to protection by the diplomatic or consular authorities of any Member State represented, on the same conditions as the nationals of that State.