Discuss the provisions of Article 36 of the Vienna Convention on Consular Relations, 1963 in the light of recent events. 
Published: December 29, 2017
The Vienna convention on consular relations 1963 (VCCR), is an international treaty which defines relations between different sovereign countries pertaining to consular issues. The treaty extensively talks about the protection of rights of the people along with economic, commercial, cultural and scientific relations among the countries. The Article 36 of the convention is highlighted in the recent fit between India and Pakistan pertaining to the Kulbushan Yadav case.
Article 36 states that, if any foreign national is detained or arrested on criminal or immigration charges, he/she is entitled to be notified about the right to notify the detainee country’s consulate of his/her arrest. If the detained person requests, the police ought to fax the notice to the embassy. It also provides for a regular consultation with the consular officials during the detention and any trial if needed. The essential core of the article is to provide communication between a national and his/her country’s officials when held in a foreign land.
India moved the International Court of Justice stating that Pakistan has violated the rules of Vienna Convention on Consular Relations in detention, trial and conviction of Kulbushan Yadav an Indian Naval officer. Pakistan states that Kulbushan committed to espionage and terrorist activities in the country and thus it refused for consular access. Pakistan also argues that India and Pakistan entered into a bilateral agreement in 2008 which overpowers the international treaty of VCCR which both the countries are a party.
Model Questions Category: 054 - Bilateral Regional and Global Groupings and Agreements