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Keywords

trialmotion

trialmotiontreatymultilateral treatypiracy

Related Cases

Duarte-Acero; U.S. v.

Facts

Jose Ivan Duarte-Acero, a Colombian citizen, was indicted in 1982 for conspiring to murder two DEA agents. He was apprehended in Ecuador in 1997 and brought to the Southern District of Florida for trial. Duarte argued that his indictment should be dismissed due to violations of the Vienna Convention on Consular Relations and the International Covenant on Civil and Political Rights, claiming he was denied the right to contact his consulate upon arrest. The district court denied his motions to dismiss the indictment.

Issue

Whether the district court erred by failing to dismiss Duarte's indictment due to alleged violations of the Vienna Convention on Consular Relations and the International Covenant on Civil and Political Rights.

Whether the district court erred by failing to dismiss his indictment because he was denied the right to speak to his consulate as guaranteed by Article 36 of the Vienna Convention on Consular Relations; (2) Whether the district court erred by failing to dismiss his indictment because he was denied certain rights guaranteed by Articles 9, 12(4), 13, and 14 of the International Covenant on Civil and Political Rights; and (3) Whether the district court erred by sentencing Duarte for conspiracy to murder because the jury was not instructed regarding premeditation or malice.

Rule

The Vienna Convention on Consular Relations does not provide for the dismissal of an indictment as a remedy for violations of its provisions.

The Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261 (ratified Nov. 24, 1969) (hereinafter 'Vienna Convention'), is a 79-article, multilateral treaty written in 1963 and ratified by the United States in 1969. Article 36 provides, in pertinent part, that, 'if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner.'

Analysis

The court found that while Duarte's request to contact the Colombian consulate was ignored, the Vienna Convention does not create individual rights that would allow for the dismissal of an indictment. The court referenced previous cases that established that neither suppression of evidence nor dismissal of an indictment is an appropriate remedy for a violation of Article 36 of the Convention.

Conclusion

The court affirmed Duarte's conviction and sentence, concluding that the district court did not abuse its discretion in denying the motions to dismiss the indictment.

Who won?

The United States prevailed in the case as the court upheld the conviction and sentence of Duarte.

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