Emergencies
Arrest or Detention of a U.S. Citizen in Slovenia
Vienna Consular Convention
Under Article 36(1)(b) of the Vienna Convention on Consular Relations, the Republic of Slovenia must, at the request of any detained American, notify the U.S. Embassy immediately after the arrest takes place.
Anyone who breaks the law in Slovenia is subject to prosecution under the Slovene legal system. If a person is convicted and sentenced to imprisonment by a Slovene court, this sentence will be served in a Slovene prison.
Slovenia's authority to try foreigners as well as its own citizens is based upon the principle of sovereignty, which is the right of a nation to make and enforce its laws within its own boundaries. All Americans in Slovenia are under the absolute jurisdiction of Slovene courts. The Slovene legal system provides many safeguards to ensure that the investigations and possible trials are conducted fairly.
The Embassy's Role
A U.S. passport does not entitle the bearer to any special privileges or preferential treatment in Slovenia. In spite of what you may have heard to the contrary, neither the United States Government nor its representative, the consular officer, can get anybody out of prison. Nevertheless, neither arrest nor conviction deprives a United States citizen of the consular officer's best efforts in protecting the citizen's legal and human rights.
At the time of arrest, if the prisoner requests that the American Embassy be notified then the consular officer will visit the jail as soon as possible. Thereafter, the consular officer will visit periodically, and in an emergency will come right away. Prison visits enable the consular officer to monitor the health and well-being of the prisoner and the status of the judicial proceedings.
Consular officers are not attorneys. However, the consular officer will provide the prisoner with a list of English-Speaking Attorneys in Slovenia. The consular officer cannot select or recommend an attorney, nor provide legal advice. The consular officer will ensure that the prisoner has adequate legal representation, where guaranteed by Slovene law. The consular officer also can, if the prisoner so desires, obtain copies of the bill of indictment and trial proceedings.
The consular officer can intercede on the prisoner’s behalf when necessary to ensure that he/she receives adequate medical attention. The consular officer will also look into any complaints the prisoner may have, and discuss them with the appropriate authorities.
The consular officer will notify the prisoner’s family and friends, and relay requests for financial or other aid, provided the prisoner gives authorization to do so by signing a Privacy Act Waiver. The consular officer can also serve as a liaison between the prisoner and his/her lawyer.
An arrested person should hire an attorney as early as possible. If the case involves anything more serious than a minor traffic violation, we recommend retaining a Slovene defense attorney. Slovene lawyers are naturally very familiar with Slovene law and proceedings in Slovene courts. Slovene court procedures are quite different from those in the United States, especially in that a larger part of the proceedings are conducted in writing in Slovenia, as opposed to the oral arguments common in the United States. As in the U.S., the defense counsel will submit arguments to try to convince the court to interpret the facts and apply the law in a manner favorable to the prisoner.
The Slovene attorney is the primary source of advice. The prisoner should regard the attorney as though he/she were an American attorney defending the prisoner in an American court. As in the U.S., the attorney is obliged to honor the attorney-client privilege. The attorney may not reveal any confidential information, and the court in turn may not question the attorney. The prisoner should ask the attorney any questions that he/she may have about the case and listen carefully to the attorney’s advice, for the attorney is trained in Slovene law and has the duty to defend a person to the best of his/her ability.
Attorney's Fees
Legal services will be at the prisoner’s own expense. The Embassy cannot cover these costs.