Consular Access? Uh, Maybe….

Americans’ reactions to Amanda Knox‘s treatment in the Italian justice system are often intriguing. Some seem to feel she is an “innocent abroad” Italian prosecutors have decided to persecute despite there being “no evidence” of her guilt. Others appear to think she is a victim of a foreign miscarriage of justice.

Italians “targeting” her – from among thousands of other U.S. students in Italy each year – hardly seems credible. As for a “foreign miscarriage of justice”? U.S. official responses to her arrest, trial and conviction undermine that contention also.

The U.S. Embassy in Rome was notified by Italian authorities within hours of her arrest in November 2007, and she was subsequently visited in jail regularly by American consular officers. U.S. officials kept an eye on her murder trial and visited her in prison after her conviction. Throughout, the U.S. appears never to have lodged any complaints with the Italian government about a “biased” or “shoddy” prosecution.

Interestingly, commiserating with Ms. Knox’s plight, Tony Renzo, a 23 year old Italian who had participated in a semester-abroad program in the USA, recently told USA Today:

“This story is like a nightmare for students abroad,” … “It’s so frightening to think about getting arrested in a foreign country.”

Mr. Renzo makes an excellent point there perhaps inadvertently. Objectively it could be extremely “frightening” to be a foreign national arrested…. in some states in the U.S. Due to the U.S. federal system, “international law” is often of no concern to state-level officials. CNN:

….Edgar Tamayo Arias, a Mexican national, was executed at 9:32 p.m. [January 22] CT, the Texas Department of Criminal Justice said….

The Mexican government had vehemently protested his pending execution, asserting that he, as a Mexican national, had been denied access to Mexican consular help. CNN continues:

….The Bush and Obama administrations had urged Texas and other states to grant Tamayo and inmates in similar situations new hearings, fearing repercussions for Americans arrested overseas.

U.S. Secretary of State John Kerry has also weighed in on Tamayo’s case, arguing that setting an execution date is “extremely detrimental to the interests of the United States.”

“I want to be clear: I have no reason to doubt the facts of Mr. Tamayo’s conviction, and as a former prosecutor, I have no sympathy for anyone who would murder a police officer,” Kerry wrote. “This is a process issue I am raising because it could impact the way American citizens are treated in other countries.”

That “process issue” evidently matters not at all to the state of Texas:

Lucy Nashed, a spokeswoman for Texas Gov. Rick Perry, said the state was committed to enforcing its laws.

“It doesn’t matter where you’re from — if you commit a despicable crime like this in Texas, you are subject to our state laws, including a fair trial by jury and the ultimate penalty,” she said.

However, as Secretary Kerry noted, Tamayo’s guilt was accepted; the issue was the question of disregarding the process agreed under “international law,” and in doing so creating difficulties reciprocally for Americans arrested abroad. Meaning is the U.S. upholding its end of the 1963 Vienna Convention, which the U.S. ratified, and allows U.S. diplomats to visit Americans who are arrested overseas?

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It is easy to imagine the indignant rhetoric that would have come flying from the Texas governor’s office if Ms. Knox had been a Texan and Italian authorities in Perugia had denied her U.S. consular help. Yet given that Texans do travel outside of the U.S., we may hear some for real someday regarding someone else, because with that execution the state of Texas may have just made life a little tougher for U.S. citizens abroad like Amanda Knox. It will become harder for the U.S. to argue it is entitled to consular access to its arrested nationals abroad when certain U.S. domestic jurisdictions choose to wave aside that reciprocal right to access when it comes to someone else’s.

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