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Award Recipient. Other Information. Criminal Defense Articles. When Americans travel overseas, we enjoy some comfort in knowing there are international treaties in effect that protect our rights, for example, if we are arrested in France, Cambodia or some third-world country. Americans are often quite aware that the United States has taken measures to ensure our citizens are protected with certain rights, even outside the United States.
For example, during the Gulf War, U. Servicemen were assured that the Hague Convention governed their treatment and gave them some protection of their rights if they became prisoners of war by Iraqi agents. It was enacted on April 24, and can be read at 21 U. Vienna Convention, supra , art.
Should the arrestee request consular notification, the law enforcement officer must promptly inform the consulate of the arrest Article 36, at p. People v. Leon 8 Cal. How this applies in California when a person is arrested in California was put to the test in the recent Supreme Court case of People v.
Vargas, who was not a U. After a penalty trial, the jury returned a verdict of death. The appeal was automatic to the California Supreme Court, which affirmed the verdict. Vargas appealed the underlying conviction on many grounds. One of the grounds was the judge erred by denying his motion for new trial.