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Resources
The resources section of this website is designed to provide litigators with the essential tools to assist in the defence of foreign national offenders.
Please read the IJP's collection of sample foreign national briefs.
IJP Resources
- Bridging the Gap: Effective Representation of Foreign Nationals in US Criminal Cases: Third Edition, 2007
The Bridging the Gap guide is designed for use by attorneys representing foreign nationals facing the death penalty or other extremely serious charges in the US. In particular, the guide emphasizes the significance of enlisting consular assistance as a central element in the defense strategy. Consular support can be crucial in securing the resources to adequately defend a foreign citizen.
- A Universal Safeguard: Providing Consular Assistance to Nationals in Custody (International Justice Project & Human Rights Research)
This guide is an introductory manual that is universal in scope and applicable to consular assistance procedures in any country. No introductory guide to universal consular notification and assistance procedures could address every possible circumstance in detail, however, the authors are hopeful that this publication serves as a source for ideas and advice, both for training personnel and in the development of consular policies and procedures.
- Equal Protection : Consular Assistance & Criminal Justice Procedures in the USA, June 2008, (International Justice Project & Human Rights Research)
Proteccion sin Distincion: La Ayuda Consular y los Procesos de Justicia Penal en los Estados Unidos de America
The purpose of this introductory guide is to better acquaint consular officials with the US criminal justice process and the importance of consular notification and assistance for foreign national detained in the USA. The guide outlines the rights of consulates and foreign detainees under international and domestic law, as well as the application of those rights to cases in the USA. It also recommends procedures to be followed by consulates when communicating with detained nationals, defense attorneys and law enforcement agencies. Finally, the guide lists some of the additional resources available to assist consulates.
- LaGrande - Summary and Analysis
- For information on the ICJ's decision in the case of Avena and other Mexican Nationals (Mexico v. United States of America) click
here.
- The United States has signed bilateral mandatory notification treaties with over fifty countries. These treaties regulate the rights of governments to provide consular services to their citizens. Some of these agreements require that consular officials be notified of the arrest and/or detention of one of their nationals regardless of whether the national has made a request for assistance. Please click
here for more information.
- For information on Medellin v. Dretke, click here
Independent Resource Centers
- Mexican Capital Legal Assistance Program (MCLAP)
The Mexican Capital Legal Assistance Program is funded entirely by the Government of Mexico to attorneys represent the Government of Mexico in pre-trial, appellate, and post-conviction proceedings, and provide litigation support to defense counsel. MCLAP attorneys routinely refer defense counsel to competent experts and mitigation specialists, advise defense counsel regarding mitigation themes and investigations in Mexico, and provide sample briefs on a variety of legal issues. Depending on the case circumstances, MCLAP may also file amicus briefs on issues of international law, or provide other resources necessary to ensure Mexican nationals receive vigorous and effective representation.
Counsel representing Mexican nationals are encouraged to contact the director of MCLAP for more information:
Gregory J. Kuykendall
Kuykendall & Associates
531 South Convent Avenue
Tucson, Arizona 85701
Tel. 520-792-8033
Website: http://kuykendall-law.com/
Email: greg@kuykendall-law.com
- The El Salvador Capital Assistance Project
The government of El Salvador has recently established the El Salvador Capital Assistance Project. The Project assists nationals of El Salvador who are facing the death penalty at trial and in post conviction by providing litigation support and amicus briefs to attorneys handling these cases.
If you are aware of an El Salvador national who is or may be facing the death penalty, please contact:
Nick Trenticosta and Susana Herrero
Attorneys at Law
7100 St. Charles Avenue
New Orleans, LA 70118
504-864-0700
504-864-0780 fax
nicktr@bellsouth.net
herrero1@aol.com
Other Resources
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