guarantees enable the detainee to communicate with and seek assistance from the consular authorities of the State of which they are nationals. The detainee must therefore be informed from the onset of his/her rights under Article 36(1) of the VCCR at the time of his arrest or before he makes any statement or confession and also before the commencement of the trial process. 86. In the present Application, the record of proceedings of the trial indicates that the Applicant was not informed of his right to consular services. The police charge sheet form and the record of proceedings at the pre-liminary hearing of the case before the District Court, illustrate that the Applicant’s nationality was sought and recorded, which means that the Respondent State was aware that the detainee was a foreign national charged with an offence that carried a heavy sentence. Given this knowledge, the Respondent State should have immediately informed the Applicant of his right to consular services. 87. The Court’s position is also buttressed by the position of other international courts, which have held that identification of the accused, including their nationality, is essential for the administration of penal processes. Furthermore, that the State that has the accused in its custody has to immediately notify the accused of their consular rights.27 In the LaGrand Case (Germany v. United States of America), the International Court of Justice (ICJ) held that the host State violated Article 36 1(a) and paragraph 1(c), which dealt respectively with mutual rights of communication, not informing the detainees of their right to consular services, access by consular officers and the right of consular officers to visit their nationals in prison and to arrange for their legal representation.28 Similarly, in the Jadhav Case (India v. Pakistan), the ICJ concluded that Pakistan had breached its obligation under Article 36 of the VCCR, by failing to inform India, without 27 Inter-American Court of Human Rights: Advisory Opinion Oc-16/99 Of October 1, 1999, Requested by The United Mexican States, paras 94 and paras 106 and 140 (1-7). 28 LaGrand (Germany v. United States of America), Judgement, I.C.J Reports 2001, p. 466. 23

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