Status of foreign citizens in criminal proceedings

Status of foreign citizens in criminal proceedings

Urges Member States that have not yet done so to consider adopting the following measures: (a) carefully examine whether foreign citizens under criminal prosecution are guaranteed universally recognized rights with regard to criminal prosecution at all stages of proceedings; (b) ensure that individuals are not subjected to more severe custodial penalties or inferior prison conditions in a State solely because they are not nationals of that State; (c) undertake the necessary arrangements to ensure that any foreign citizen subject to criminal proceedings whose native language is not that of the State conducting the proceedings against him or her and who for that reason is unable to understand the nature of such proceedings has access throughout his or her trial to the services of a suitable interpreter in his or her native language, to the extent possible; (d) make available to foreign citizens as well as to nationals alternative penal sentences or administrative penalties provided for under the legislation of the State conducting proceedings; (e) intensify efforts to implement applicable international instruments concerning, inter alia, notification to consular authorities of the detention of their citizens.

Adopted without vote, 44th plenary meeting

In: Resolutions and decisions of the Economic and Social Council, organizational session for 1998, New York, 22 Jan. and 3 and 6 Feb. 1998; resumed organizational session for 1998, New York, 7 May 1998; substantive session of 1998, New York, 6-31 July and 5 Aug. 1998; resumed substantive session of 1998, New York, 16 Dec. 1998 - E/1998/98 - p. 51-52 - (ESCOR, 1998, Suppl. no. 1).