ABSTRACT

Diplomatic protest is the mechanism by which a state expresses its displeasure with the action of another. Violation of consular access obligations may lead a sending state to protest to the receiving state. A sending state that learns of an arrest otherwise than through VCCR Article 36 procedures may protest for the failure of receiving state authorities to advise the arrestee or to allow the arrestee to initiate communication. A sending state may protest over mistreatment of a national while in custody. It may also protest over the failure of the receiving state, in particular its judicial organs, to grant a remedy to a national whose consular access rights were violated and who is being prosecuted in the courts of the receiving state.