What are the obligations of the sending state towards the detained person under the Vienna Convention on Human Rights?
Alberta, Canada
The following excerpt is from R. v. Walters, 2011 ABQB 593 (CanLII):
While not binding on this court, Legrand (Germany v. United States of America), I.C.J. Reports 2001, p. 466, held that the Vienna Convention creates obligations the receiving state (country of detention) has towards the detained person in addition to obligations to the sending state (country of origin) (at para. 77). The United States had argued in that case that the Convention created no individual rights in favour of the detained person, but only rights and obligations as between nations.
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