have had the opportunity to insist on access to an interpreter and legal
representation.
89. The Applicant reiterates these arguments in his oral submissions and further
contends that the VCCR is customary international law and that it is therefore
irrelevant that the Intervening State, the Republic of Cote d'ivoire, is not a party to it.
According to the Applicant, accessing consular assistance was critical given the
charges he faced and the fact that he was not conversant with the Respondent
State's judicial system.
90.ln its response, the Respondent State asserts that the Applicant had access to
counsel during his preliminary hearing, trial and appeal.
91. During the public hearing, the Respondent State averred that it was not under the
obligation to provide consular assistance given that it does not have any agreement
with the Applicant's state of origin, which is Cote d'ivoire, to that effect.
It is the
Respondent State's contention that there was no sending state as provided under
Article 36 of the VCCR since the Applicant resided in Tanzania under his wife's
consular protection as granted by the ICTR. The Respondent State considers that,
as such, it did not have an obligation to inform Cote d'ivoire of the Applicant's arrest
as doing so was the ICTR's responsibility.
92. The Intervening State submits that, based on its connection with the Applicant as one
of its nationals, it is entitled to ensure that his fair trial rights are respected. It alleges
that the Respondent State had the duty to guarantee the conditions for a fair and
equitable trial and facilitate consular assistance.
93. The Amici Curiae submit that, in accordance with the VCCR and various international
human rights instruments, the right to consular notification is of the utmost importance
in cases were foreign nationals face the death penalty, and that related fair trial rights
must be afforded without delay. The Amici refer to the concurring opinion of Judge
Sergio Ramirez in the Inter-American Court of Human Right's decision interpreting
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