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COMMONWEALTH v. DIEMER

No. 01-P-845.

57 Mass. App. Ct. 677 (2003)

COMMONWEALTH v. SVEN OLAF DIEMER

Court of Appeals of Massachusetts, Norfolk.

March 27, 2003.

Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services (Robert M. Tutino, Committee for Public Counsel Services, with him) for the defendant.

Tracey A. Cusick, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Sam Silverman & John Reinstein for American Civil Liberties Union of Massachusetts.

Valerie C. Epps for International Law Association (American Branch).

Francis J. O'Rourke for Federal Republic of Germany.

Thomas F. Reilly, Attorney General, Pamela L. Hunt & Emily R. Paradise, Assistant Attorneys General, for the Attorney General.

Present: JACOBS, CYPHER, & KANTOWITZ, JJ.

KANTROWITZ, J.

The issue of significance1 concerns the appropriate remedy for a violation of Article 36 of the Vienna Convention on Consular Relations (Article 36).2 We hold that, in the circumstances of this case, suppression of statements is not warranted and accordingly affirm the defendant's conviction.3

Background. The defendant, Sven Olaf Diemer, a citizen of...

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