6. The sending State, its diplomatic missions and its consular posts may designate consular
couriers ad hoc. In such cases the provisions of paragraph 5 of this article shall also apply except that
the immunities therein mentioned shall cease to apply when such a courier has delivered to the
consignee the consular bag in his charge.
7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft scheduled
to land at an authorized port of entry. He shall be provided with an official document indicating the
number of packages constituting the bag, but he shall not be considered to be a consular courier. By
arrangement with the appropriate local authorities, the consular post may send one of its members to
take possession of the bag directly and freely from the captain of the ship or of the aircraft.
Article 36
Communication and contact with nationals
of the sending State
1. With a view to facilitating the exercise of consular functions relating to nationals of the sending
State:
(a)
consular officers shall be free to communicate with nationals of the sending State and to have
access to them. Nationals of the sending State shall have the same freedom with respect to
communication with and access to consular officers of the sending State;
(b)
if he so requests, the competent authorities of the receiving State shall, without delay, inform the
consular post of the sending State if, within its consular district, a national of that State is arrested or
committed to prison or to custody pending trial or is detained in any other manner. Any communication
addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded
by the said authorities without delay. The said authorities shall inform the person concerned without
delay of his rights under this subparagraph;
(c)
consular officers shall have the right to visit a national of the sending State who is in prison,
custody or detention, to converse and correspond with him and to arrange for his legal representation.
They shall also have the right to visit any national of the sending State who is in prison, custody or
detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from
taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such
action.
2. The rights referred to in paragraph 1 of this article shall be exercised in conformity with the
laws and regulations of the receiving State, subject to the proviso, however, that the said laws and
regulations must enable full effect to be given to the purposes for which the rights accorded under this
article are intended.
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