If in a pinch, US consular service or UK consular service to get out of jail?
#1
If in a pinch, US consular service or UK consular service to get out of jail?
Was watching Locked Up Abroad and it got me wondering:
If you had dual citizenship, is there any advantage to using one passport or the other as it relates to consular service in a pinch? Do you think one country will help more / less than the other in trying to get you out of jail or something like that?
Maybe I'm just reading the Daily Mail too much about Brits locked up abroad but was kind of curious.
If you had dual citizenship, is there any advantage to using one passport or the other as it relates to consular service in a pinch? Do you think one country will help more / less than the other in trying to get you out of jail or something like that?
Maybe I'm just reading the Daily Mail too much about Brits locked up abroad but was kind of curious.
#2
Forum Regular
Joined: Sep 2012
Posts: 214
Re: If in a pinch, US consular service or UK consular service to get out of jail?
I guess it would depend which country you were in.
#3
Re: If in a pinch, US consular service or UK consular service to get out of jail?
Remember, if you are a UK/USA dual citizen the US consulate will not help you if arrested in the UK and likewise the UK consulate will not help you if arrested in the US.
#4
Re: If in a pinch, US consular service or UK consular service to get out of jail?
I suspect it depends more on where you can get the most media attention especially for offenses that would be considered minor in the country.
As an example, recently there was an American that was going to Costa Rica and took his hunting rifle and registered it at the border with Mexican authorities but as soon as he entered Mexico, he was arrested for possession of an unauthorized gun and could face up to 20 years in jail in Mexico. That got into the US media and Hillary got involved but it still took 8 months for the Mexicans to release him.
As an example, recently there was an American that was going to Costa Rica and took his hunting rifle and registered it at the border with Mexican authorities but as soon as he entered Mexico, he was arrested for possession of an unauthorized gun and could face up to 20 years in jail in Mexico. That got into the US media and Hillary got involved but it still took 8 months for the Mexicans to release him.
#5
Re: If in a pinch, US consular service or UK consular service to get out of jail?
Doesn't it also depend on what passport you use when you enter the country? If you entered on a US passport to say Mexico, would you not have the right to call the UK embassy?
#6
Re: If in a pinch, US consular service or UK consular service to get out of jail?
Sometimes third world countries don't follow international laws unless their arms are twisted. In fact I'm surprised that Mexico is part of the OECD but it appears they became a member when NAFTA was signed (suspect the US applied pressure on the OECD to admit Mexico).
#7
Re: If in a pinch, US consular service or UK consular service to get out of jail?
I'm a dual Canadian/Australian citizen but my home is in Australia so that's which consular service I would likely contact. I think that the country where I live and pay taxes would be more likely to help me out than the one I haven't lived in for 7+ years.
#8
BE Enthusiast
Joined: Dec 2007
Posts: 508
Re: If in a pinch, US consular service or UK consular service to get out of jail?
Was watching Locked Up Abroad and it got me wondering:
If you had dual citizenship, is there any advantage to using one passport or the other as it relates to consular service in a pinch? Do you think one country will help more / less than the other in trying to get you out of jail or something like that?
Maybe I'm just reading the Daily Mail too much about Brits locked up abroad but was kind of curious.
If you had dual citizenship, is there any advantage to using one passport or the other as it relates to consular service in a pinch? Do you think one country will help more / less than the other in trying to get you out of jail or something like that?
Maybe I'm just reading the Daily Mail too much about Brits locked up abroad but was kind of curious.
#9
Just Joined
Joined: May 2013
Posts: 21
Re: If in a pinch, US consular service or UK consular service to get out of jail?
In my opinion, and I state opinion before someone jumps down my throat asking for evidence etc... I would say it very much depends on what country you are in and their relationship to the UK or the US and what your situation is (what crime etc)
The British tend to be liked slightly more than the Americans so they may have a slight advantage dealing with the government of the country you're banged up in. However the Americans attitude to their citizens is commendable, in that they will try their hardest to help you, even if you're drug smuggling serial killer.
The British tend to be liked slightly more than the Americans so they may have a slight advantage dealing with the government of the country you're banged up in. However the Americans attitude to their citizens is commendable, in that they will try their hardest to help you, even if you're drug smuggling serial killer.
#10
Just Joined
Joined: May 2013
Posts: 21
Re: If in a pinch, US consular service or UK consular service to get out of jail?
In my opinion, and I state opinion before someone jumps down my throat asking for evidence etc... I would say it very much depends on what country you are in and their relationship to the UK or the US and what your situation is (what crime etc)
The British tend to be liked slightly more than the Americans so they may have a slight advantage dealing with the government of the country you're banged up in. However the Americans attitude to their citizens is commendable, in that they will try their hardest to help you, even if you're drug smuggling serial killer.
The British tend to be liked slightly more than the Americans so they may have a slight advantage dealing with the government of the country you're banged up in. However the Americans attitude to their citizens is commendable, in that they will try their hardest to help you, even if you're drug smuggling serial killer.
#11
Re: If in a pinch, US consular service or UK consular service to get out of jail?
Consular officials can do nothing to get you out of jail, you are subject to the laws of the country where you are, that country has complete sovereignty over you while you are within their borders. Unless there is some treaty that says otherwise and even then under the sovereign power of that country, they don't have to follow the treaty.
By treaty they are allowed to visit you, but some countries don't even respect that.
Logically if you think you might need consular services the best passport to use is the one issued by the country with the best consular services in the country where you are.
Which is why you should never visit a country with weak rule of law, imo.
By treaty they are allowed to visit you, but some countries don't even respect that.
Logically if you think you might need consular services the best passport to use is the one issued by the country with the best consular services in the country where you are.
Which is why you should never visit a country with weak rule of law, imo.
#12
Re: If in a pinch, US consular service or UK consular service to get out of jail?
No consular officer can 'get you out of jail'. Being a foreign citizen in another country does not grant you any special status or diplomatic immunity. If anything, such as in the United States, you have less rights not more. If it's a high profile case, involving the death penalty for example, then your government may be able to negotiate on your behalf behind closed doors but it would be completely at the whim of the arresting government whether you would receive preferential treatment. The two British women currently being held in Peru on drug trafficking charges are a classic example.
penguinsix is correct when he says it depends under which citizenship you entered the country in question. A French/British dual national who was arrested in the US after entering on a French passport, for example, cannot request British consular help, only French.
penguinsix is correct when he says it depends under which citizenship you entered the country in question. A French/British dual national who was arrested in the US after entering on a French passport, for example, cannot request British consular help, only French.
Last edited by BritInParis; Sep 3rd 2013 at 10:06 pm. Reason: Additional info
#13
Re: If in a pinch, US consular service or UK consular service to get out of jail?
Thanks for all the replies (though I should note 'get out of jail' is just an expression).
I think the context came up in reading the Daily Mail where there are many cause célèbre of expats locked up abroad, be it the Peruvian mules or the latest death sentence for drug smugglers. With the US press you only seem to get stories about political arrests like the guy in North Korea or the missing ex-FBI guy in Iran, along with the occasional drunken sailor somewhere. I often wondered if this media pressure leads to a more active foreign service vs the American alternatives or if it is just a lot of hype on big cases.
I think the context came up in reading the Daily Mail where there are many cause célèbre of expats locked up abroad, be it the Peruvian mules or the latest death sentence for drug smugglers. With the US press you only seem to get stories about political arrests like the guy in North Korea or the missing ex-FBI guy in Iran, along with the occasional drunken sailor somewhere. I often wondered if this media pressure leads to a more active foreign service vs the American alternatives or if it is just a lot of hype on big cases.
#14
Re: If in a pinch, US consular service or UK consular service to get out of jail?
An Irish passport is highly prized amongst journalists and other people who are likely to get themselves into sticky situations overseas as it's seen as a 'neutral' passport. I would go for a British passport over a US passport in general but it obviously depends on whether the country you are visiting has a historical or ongoing beef with the UK government e.g. Argentina, Spain or alternatively has traditional friendly relations with the UK e.g. a Commonwealth country.
In Iran, where the British are possibly even more hated than the Americans, you are more likely to be arrested on trumped up charges simply for being British and there has been zero consular assistance there since they burnt down the Embassy a few years ago.
In Iran, where the British are possibly even more hated than the Americans, you are more likely to be arrested on trumped up charges simply for being British and there has been zero consular assistance there since they burnt down the Embassy a few years ago.