Throw An American a Bone
August 25, 2010 1:53 AM   Subscribe

What would be the title of the U.S. Embassy personnel who would assist you if you had a close relative injured overseas in a major event? I'm looking for something more specific than Consular Agent.

This is not a real situation, it's for something I'm writing, but it does have some basis in reality.

Assume you, an American, have a family member who, injured overseas in a major event in Country A, has been transported to Country B for medical treatment. You go to Country B as the closest relative of the injured person. Someone from the U.S. Embassy meets you at the hospital, because this is a high-profile incident. It is not a military or war-related incident.

What would be the title of this person?

Additionally, you happen to become acquainted with other patients injured in this incident and their families who have been brought to be near them. These people are all from Country A and thus are foreigners in Country B. One of these patients is put under house arrest while in hospital under suspicion of involvement in the incident by a joint team of law enforcement from both Countries A and B. You, having spent some time with the suspect, are then interrogated by the joint law enforcement team.

Do you need to get a local lawyer? Even if you are told you are not a suspect? (Assume both Countries A and B have iffy legal systems.) Would the U.S. Embassy be notified of your interrogation? Would they offer you any support?

I realize the Embassy will not under normal circumstances provide you with any legal support. I'm curious, though, if it was an extraordinary circumstance, would they get involved in some way in order to help you and/or clear their own name?
posted by la ninya to Law & Government (6 answers total)
 
Ukraine would seem to fit the bill of Country B.

Here is the advice from the U.S. Embassy in Ukraine: http://ukraine.usembassy.gov/arrest.html
posted by three blind mice at 2:14 AM on August 25, 2010


Just ask for the head of the Consular Section and you'll get filtered down (or not) as appropriate. In a US Embassy, this will be the Consul General.
posted by MuffinMan at 2:44 AM on August 25, 2010


Also: in general, it's considered very bad form to not tell an Embassy when one of its citizens has been detained. An "interrogation" on the other hand can be formal or informal and if it isn't conducted officially then the Embassy doesn't get to know about it.

The Embassy might well provide legal support. They won't pay for it, but depending on the circumstances might well provide diplomatic pressure on the country's legal system. Then again, they might not. It depends entirely on context, the crime, who you are etc.

At any rate, if you've not been arrested and you still have your passport most people would advise you to leave the country where you were arrested. Unless there is a pressing reason why you need to be in country to clear your name, you'd be advised to leave. No, in my experience, you'd get no help clearing your name unless it managed to become a diplomatic incident.

Even then, the concept of a country's authority or government needing to save face is remarkably powerful. Even in tinpot countries massively dependent on aid and foreign support, sovereignty - and the perception of indepedence - is remarkably pervasive.
posted by MuffinMan at 2:55 AM on August 25, 2010


Response by poster: Well, thanks! These answers are starting to hone in on what I need. I've met someone who's title was Consular Agent but that was at a small consulate, not the main Embassy in the country.

MuffinMan, you seem to have some experience here. So let's say the incident is an act of terrorism and your relative is the only American injured in this incident in Country A and it's made the news around the world. And countries A and B are somewhere in Asia. When you arrive at the hospital in Country B, who is the likely person from the Embassy who would be there? I'm not expecting it would be the Consul General but someone a little lower on the chain. So what would be the title of this person?

And then when you are interrogated a week or so later, it's semi-official, in that the joint law forces of Countries A and B interview you in a hospital room. You're not exactly sure what's going on, don't really believe you are a suspect, but not positive that you aren't. Would you contact that original Embassy person who met you at the hospital? Would they contact you if they heard about about the interrogation/interview? You're not arrested, you're just a regular Joe who's here to see your injured relative.

You can't leave the country because you are the only relative of your critically injured relative. I mean, you could leave, but you don't want to unless absolutely necessary. In the event that what happened is unclear, do you think the Embassy would suggest you get a local laywer?

I'm just trying to get some authenticity about what the actual title of the person who meets you at the hospital might be and what the process you might go through would be like.
posted by la ninya at 3:28 AM on August 25, 2010


You would probably be in contact with consular officers working in the American Citizen Services area of the consular section.
posted by eulily at 6:12 AM on August 25, 2010


Best answer: Eulily is right. Their official diplomatic title would be Vice Consul. The Consul General is the highest ranking officer at a Consulate General and would not be involved in any visits unless there were important American priorities involved--political incident, etc. Perhaps you'd get a Consul; if the head of the Consular Affairs section came then that person is called a Counselor. The person who might get the emergency phone call would be the Duty Officer, a responsibility that usually rotates among the Vice Consuls.

A Consular Agent is an employee of the State Dept. who performs consular functions in a city where there is no Consulate or Consulate General. Usually they're retired Foreign Service Officers who happen to live in that city; sometimes they're American employees (but not FSOs) who are placed in that city. Usually the extend of their duties is to be a place for people to drop off paperwork, but sometimes they perform consular functions too (visiting American citizens in prison, verifying American births abroad, verifying dead Americans, etc.).

In the situation you describe, the Embassy would not get involved in the local law enforcement process. They have lists of English-speaking lawyers they can give you, but they wouldn't be involved with the interrogations or know that those are happening or anything unless the local law enforcement calls them. In your situation, the ACS section would be notified by the hospital that there's an American there and they'd probably go visit to see how he or she's doing and aid in getting him or her back to America.
posted by lockestockbarrel at 7:35 AM on August 25, 2010


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