LIMITED TO QUESTIONS 1 AND 2 PRESENTED BY THE PETITION.Question Presented:
1. Does the Vienna Convention convey individual rights of consular notification and access to a foreign detainee enforceable in the Courts of the United States?
2. Does the state's failure to notify a foreign detainee of his rights under the Vienna Convention result in the suppression of his statements to police?
3. Do police violate an intoxicated foreign detainee's rights under the Fifth and Fourteenth Amendments to the United States Constitution when they obtain custodial statements from that detainee after he has been beaten, continually questioned for 11 hours and not informed of his rights to consular notification and access?Question:
(1) Does Article 36 of the Vienna Convention create individual, substantive rights? (2) Must evidence obtained after a violation of Article 36 be excluded from trial? (3) May a state refuse to consider a claim of a violation of Article 36 of the Vienna Convention because of a procedural bar under state law?