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World Eyes on Texecution Tonight
The Bush Administration, including Attorney General Michael Mukasey and Secretary of State Condoleeza Rice are asking Texas Governor Rick Perry to halt tonight's Texecution of Jose Medellin now that the Texas Board of Pardon and Paroles has refused. Perry is not inclined to go along.
Medellin, a Mexican national, has been on death row since his arrest in 1993 at age 19. He confessed to the crime shortly after arrest but was not provided access to the Mexcian consulate as provided for in Article 36 of the Vienna Convention on Consular Relations (“VCCR”).
The Bush cabinet members said proceeding with the Medellín execution without an additional hearing on the consulate issue would be seen by the world as a rush to judgment and could endanger Americans abroad.
"The board's action is against the interests of the nation and risks the safety of thousands of Americans traveling and living abroad," said Donald Donovan, a lawyer representing Mr. Medellín.
The International Court of Justice determined violations of consulate rights could be remedied through special judicial hearings that would weigh whether the cases were hurt by the failure to provide consular help. The U.S. Supreme Court said that there is a legal obligation to abide by the ICJ decision but that it would have to be done through a new federal law yet to be enacted. The Supreme Court could still grant a stay in the case.
Mexico sued the U.S. in the Court of Imternational Justice (ICJ) charging it had violated the rights of Medellin and 53 other Mexican Nationals on death row. The Court ruled in Mexico's favor. A copy of the decision is here.
In particular, the ICJ held that in all 51 cases, the United States had breached its obligations under Article 36(1)(b) to inform detained Mexican nationals of their rights, and to notify the Mexican consular post of their detention. In 49 of these cases, including Medellin’s, the ICJ found that the United States had violated its obligations under Article 36(1)(a) to allow free communication and access between Mexican consular officers and Mexican detainees, as well as its obligation under Article 36(1)© concerning the right of consular officers to visit their detained nationals.
The Wall St. Journal has this article. More TalkLeft background here, here, here and here.
