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Texas executes Mexican despite protests & ICJ ruling

Published on : 8 July 2011 - 11:36am | By International Justice Desk (Photo:RNW)
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Texas carried out the controversial execution of a Mexican national who was denied his consular rights Thursday, ignoring calls for a reprieve from the White House and the Mexican government.

Humberto Leal Garcia, 38, is one of at least 51 Mexicans on US death rows who were not informed after their arrests that they could get legal help from the Mexican consulate. A World Court ruling has said that failing to provide consular assistance to persons detained in a foreign country is a violation of the Vienna Convention on diplomatic relations.

Legally incomprehensible
Dutch lawyer Geert-Jan Knoops regards the US approach to the rule of international law, as duplicitous. "Surprisingly, the United States is invoking international law to allegedly bring someone like Colonel Gaddafi to justice before the International Criminal Court, therefore acknowledging the importance of international law," he said. "Yet, when it concerns its own compliance with international law, the United States refutes this system. This is legally an incomprehensible attitude," added Knoops. 

Ignoring World Court
Mexico has long protested the failure of US authorities to inform local consulates when its citizens are arrested for serious crimes.
The International Court of Justice ruled in 2004 that the United States was in violation of its treaty obligations, but it has failed to pass a law requiring local officials to inform foreign nationals of their consular rights.
In a rare intervention, the US government's top lawyer urged the Supreme Court to spare Leal's life, saying his execution would cause "irreparable harm" to US interests.
"This case implicates United States foreign policy interests of the highest order," US Solicitor General Donald Verrilli wrote in an amicus brief to the top court last week.

Serious repercussions
The execution "would have serious repercussions for US foreign relations, law enforcement and other cooperation with Mexico, and the ability of American citizens travelling abroad to have the benefits of consular assistance in the event of detention."
Verrilli had urged the court to stay Leal's execution until January while a bill concerning consular rights works its way through Congress.
The Supreme Court denied the request for a stay of execution in a 5-4 decision just over an hour before Leal was set to be put to death.
"We decline to follow the United States' suggestion of granting a stay to allow Leal to bring a claim based on hypothetical legislation when it cannot even bring itself to say that his attempt to overturn his conviction has any prospect of success," the court wrote.

Human rights failure
At least 132 foreign nationals from 34 countries are on death row in the United States, according to Human Rights Research.
While it's not clear how many have been denied consular access, evidence suggests that police forces routinely fail to notify foreign nationals of their right to seek consular help.
Only one of the 26 foreign nationals executed in the United States since 1988 was informed of their consular rights at the time of their arrests, Human Rights Research said.

Brain damage
Leal, who suffered from brain damage, had maintained his innocence and his defence team has argued that he was convicted with flawed evidence.
"With consular assistance, Mr Leal would likely not have been convicted, let alone sentenced to death," his lawyer Sandra Babcock said prior to the execution.

International protests
Amnesty International, the United Nations and several former US diplomats and military commanders had also called for a stay of the execution.
Leal was the 26th person to be executed in the United States so far this year, and the seventh in Texas.
Around 1,260 people have been executed since the death penalty was reinstated in 1976, of which 471 were in Texas, according to the Death Penalty Information Center.
Another 3,248 people are currently on death row in the United States.

Source:AFP

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