#article 36

[pinoyparazzi]

Kasal sa Una, Gustong Magpakasal Ulit

Dear Atty. Acosta,   GUSTO KO sanang magpakasal ulit ngunit kasal ako sa una kong asawa. Kami po ay mahigit 6 na taon nang hiwalay at may isang anak. Siya po ay nasa aking pangangalaga. Ang asawa ko po ay may kinakasama nang iba at may isang anak na po sila ngayon. Ang tanong ko po ay may ...

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[pinoyparazzi]

Problema sa Naglolokong Asawa

Dear Atty. Acosta, AKO PO ay isang OFW. Ang problema ko po ay tungkol sa asawa ko na nagloko dahil nagkaroon siya ng kalaguyong ibang lalaki. Noong una pinatawad ko siya kasi nag-promise siya sa akin na hindi na siya uulit. Pero inulit pa rin niya. Noong last April 2007, gumawa na naman siya ng...

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[there-is-a-town-in-maine]

I want to know what constitutes sufficient request for consular notification. Like, in order to exercise your right, you have to know it exists (or is that debatable?), but say you didn't, and you got arrested in like, Bahrain, and you were like, "can I speak to somebody English please" would that be considered sufficient request for consular access, as they're not specifying they want to speak to someone from the British consulate, but from the circumstances you can infer they mean that, particularly with the VCCR hanging over you (particularly as many scholars now see the VCCR as part of customary law, so it would apply even to non signatories), rather than just someone on the street with a British passport.

Does the arresting country then have to notify the arrested person's home country, or as they're not specifying that they're exercising their right, can that request be ignored for not being specific enough?

Of course, we all know under the VCCR the arresting country is supposed to inform the detainee of their right to consular access, but it does seem in practice to be rather limited.

(Basically guys: don't get arrested abroad, the British Consulate (or consulate of your own country) don't like it, but they do have to come and tell you you've been a disgrace to Queen and Country to your face, then help you form a case).

This is (ish) what I'm doing my dissertation on. Only I'm doing it on the US application, and so far this question hasn't really been asked in US law, and I'm unaware of it having ever been an issue in any other signatory countries either.