Texas Flouting the World Court?

by duo | August 4, 2008 at 06:48 pm

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If Texas Governor Rick Perry (pictured) does not act to halt Jose Medellin's execution immediately, America will show it does not care to follow the U.S. committments that serve to protect our own citizens abroad. Apparently, condemned man, Jose Medallin, is a Mexican national who was never informed of his right to seek help from his consular regarding the charges against him. He is scheduled for a Texas execution tomorrow.

Below is an Amnesty International Press Release on the matter:

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Governor Rick Perry Must Halt Medellin Execution Immediately

FOR IMMEDIATE RELEASE
August 4, 2008
2:30 PM

http://www.commondr eams.org/ news2008/ 0804-08.htm

CONTACT: Amnesty International USA
Wende Gozan at 212-633-4247
or Brian Evans at 202-544-0200 x496

Governor Rick Perry Must Halt Medellin Execution Immediately, Says Amnesty International Texas Goes 'Beyond the Pale if it Insists on Going Forward' With Execution

WASHINGTON - August 4 - Amnesty International USA (AIUSA) today urged Texas Governor Rick Perry to stay the execution of José Medellin to comply with a recent ruling from the International Court of Justice, or World Court. Medellin, a Mexican national who was never informed of his right to request consular assistance, is scheduled to be put to death tomorrow.

"It is imperative that Texas officials stay the execution of José Medellin not only because of the pending World Court decision, but also to take into account recent Congressional action on this issue," said Larry Cox, executive director for AIUSA. "Even President Bush, who signed scores of death warrants as Texas governor, concurred some time ago that the United States must honor its international obligations in this case. There will be no clearer sign that Texas will have gone beyond the pale than if José Medellin's execution goes forward."

The World Court last month ordered the U.S. government to "take all measures necessary" to halt the upcoming execution of five Mexican nationals in Texas until it makes a final judgment in a dispute over their consular rights. Medellin is the first of those scheduled to be put to death. Texas officials acknowledge that Medellin was never told he could speak with a consular official from Mexico when he was arrested, but U.S. courts have ruled that this treaty right, which is enshrined in the Vienna Convention on Consular Rights (VCCR), cannot be invoked because Medellin never raised the issue during his original trial or sentencing.

In March, the U.S. Supreme Court ruled that this procedural bar trumped U.S. obligations under the Vienna Convention, because Congress had not passed implementing legislation to give the VCCR domestic effect. Such implementing legislation has now been introduced in Congress, but will not become law before Medellin's scheduled execution.

"Flouting the World Court ruling would be yet another blight on America's already tarnished international reputation," said Sue Gunawardena- Vaughn, director of AIUSA's Death Penalty Abolition Campaign. "Texas has a responsibility to respect U.S. commitments, particularly those which also serve to protect American citizens abroad. And in an era of increasing distrust over the United States’ ability to use its power fairly and wisely, Governor Perry should seriously consider whether he wants his actions to further strain U.S. relationships with important allies."

For more information, please visit www.amnestyusa. org/abolish.

Posted By sisselnor to Lethal Injection on 8/04/2008 03:21:00 PM

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UPDATE ~ 8/6/08

Statement by Council of Europe Secretary General Terry Davis

Strasbourg, 06.08.2008 - “I am most concerned by the execution of Mexican national José Medellin yesterday in Texas. Mr Medellin was not informed of his right to consular help at the time of his arrest even though the United States are legally bound to guarantee this right under the 1963 Vienna Convention on Consular Relations. This is a regrettable attitude by a country which is very vocal about its commitment to the rule of law. The judicial authorities also blatantly ignored the order by the International Court of Justice to stay the execution on the grounds of the violation of the right to consular assistance. I wrote to the Texas Board of pardons and paroles in July, asking for a stay of the execution, but my appeal has been disregarded in the same way as the calls from the Mexican government, the UN Secretary General and several other governments and international organisations.

The issue at stake is not the guilt of Mr Medellin. He was found guilty of a particularly gruesome crime and he deserved to be punished.

The problem is the death penalty, which is rejected by a great majority of democratic and civilised countries across the world and also the pick and choose attitude of the United States of America – and its individual states - when it comes to respecting international law. The execution of Mr Medellin was therefore not only a violation of human rights and human dignity, but also an act of arrogant defiance which undermines the collective mechanisms for peace and security in the world.

Council of Europe Press Division

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Let me live in my house by the side of the road
Where the race of men go by;
They are good, they are bad, they are weak,
They are strong,
Wise, foolish - so am I.
Then why should I sit in the scorner's seat
Or hurl the cynic's ban? -
Let me live in my house by the side of the road
And be a friend to man.

~ Sam Walter Foss

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Mary Neal
Assistance to the Incarcerated Mentally Ill
Website: http://wrongfuldeathoflarryneal.com

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Fige Bornu (not verified)

at 06:04 on August 5th, 2008

Stop all executions.

Brian S (not verified)

at 06:06 on August 5th, 2008

Funny this article never once mentioned the fact that Jose Medellin was one of a group who brutally raped, strangled, slashed and stomped on the necks of two innocent Texas teenage girls until they were dead.

duo

at 07:22 on August 5th, 2008

Lots of murderers are serving life sentences without the chance of parole. Many others are on death row. Have you ever considered the difference in their cases or the murderers themselves? Is it race? Social status? Economics? Any millionaires on death row in America? Some of them have killed, too, and others have hired killers. Does it come down to inadequate resources for defense? I believe in equal justice. We need to have a system of punishment across all 50 states that is applied evenly to citizens, regardless of their race, gender, and socio-economic status. But Texas seems to be running a race against itself to see how many people it can execute annually.

Wikipedia reports: Between 1973 and 1995, 67% of capital convictions in the United States were eventually overturned, mainly on procedural grounds of incompetent legal counsel, police or prosecutors who suppressed evidence, judges who gave jurors the wrong instructions and mass commutations by governors personally opposed to the death penalty. Among those whose sentences were overturned, seven percent were acquitted.

GJones (not verified)

at 11:34 on August 5th, 2008

I've read what these animals did to those girls. They DESERVE to die the way those girls did. Unfortunately, they will be put down in a HUMANE way... I'm proud that Texas is keeping with the decission to execute this murderer. BRAVO!!

GJones (not verified)

at 11:35 on August 5th, 2008

duo

at 12:24 on August 5th, 2008

Many people agree with you, and I certainly see your point. However, I do not think capital punishment is the answer to crime. I wrote about executions here:

http://www.nowpublic.com/world/thomas-arthur-doesnt-get-it-executions-are-fun-folks-no-offense-intended-mary-neal

Mary

TEXAS COP (not verified)

at 21:24 on August 5th, 2008

I am glad that scumbag medellin got what was coming to him. Why are so many dummies so concerned of his execution when his legal right was exercised. That dirtbag knew his day was coming and he intentionally threw that last minute bs excuse to make TEXAS look bad!!! Who's thinking of those two young innocent girls and how they died. Another thing with all these killings in the laredo, TX and nuevo laredo area that happened with these young american kids in mexico , what the hell is the mexican government saying and doing about that!!!HUH. If mexicans or whoever complain of the Texas execution rule then why come to TEXAS or the US?? Stay away !!!!!

duo

at 23:19 on August 5th, 2008

I sure don't plan to visit there!

Would it have been so inconvenient to comply with the World Court and delay this matter until things were done according to international law? How would you like it to read that America had asked some other country to delay executing an American who had not been advised of his rights but that country refused? Would that be acceptable to you? The problem with Texas' noncompliance with the World Court on this execution (other than the execution itself) is that the very protective laws we trample may not be enforced when it is in America's interest some day.

Co-existence is a beautiful thing. We're all in this world together, whether we like it or not. I love old cowboy movies. Texans are known to be fiercely independent and combative. However, this is real life in the 21st Century. Can't we all just get along?

Mary

Brians (not verified)

at 06:45 on August 6th, 2008

This whole debate is rediculous. Texas did not deny this animal his right to contact the Mexican Consulate, he had the right and opportunity to do so before his trial. His failure is not the responsibility of Texas. Trying to say they could have helped him 4 years after his conviction is just a ploy. Even if he had contacted them, the evidence against him would have brought the same result.

duo

at 09:11 on August 6th, 2008

Lots of pump and circumstance goes into many judiciary and governmental activities, Birans. Before the judge walks into court, the baliff says, "All rise." Of course the judge is just as capable of walking into a courtroom with people sitting as he/she is with them standing, but it is all a part of GIVING RESPECT. Many people believe that the World Court is deserving of respect, too, Brians.

One sure way to errode that respect is for the United States, which is traditionally fiercely protective of international treaties, to negate that respect. The international laws do not merely protect people from other countries who are in America, but they also protect American citizens abroad. Even those who feel as you do that the condemned man got what he deserved, certainly you should agree that a delay would hurt no one. In fact, it might only have prolonged the condemned man's suffering until a later execution day, which is the whole point of the exercise after all, right? To inflict suffering and death?