UN: U.S. execution of Mexican national violates international law

[News_Editor]

UN: U.S. execution of Mexican national violates international law

2011-07-09 03:20:46 GMT+7 (ICT)

UNITED NATIONS (BNO NEWS) - The United Nations human rights chief said on Friday that the execution in the United States of Mexican national Humberto Leal García is a breach of Washington's obligations under international law.

Humberto Leal, 38, was executed on Thursday for a 1994 rape and murder after the U.S. Supreme Court rejected death sentence delay calls from around the world. Justices voted 5 to 4 against delaying the execution as urged by the Mexican government, the United Nations, U.S. President Barack Obama, and others.

"The execution of Mr. Leal García places the US in breach of international law," said High Commissioner for Human Rights Navi Pillay, who is currently on official mission in Mexico.

"I am very disappointed that neither the Texas Board of Pardons and Paroles nor the Governor took steps open to them to prevent this breach of the US obligations under international law from occurring."

According to a news release issued by the Office of the UN High Commissioner for Human Rights (OHCHR), Leal García, who was sentenced to death in 1998, was not granted access to a Mexican consular official at the time of his arrest.

"The lack of consular assistance raises concerns about whether or not his right to a fair trial, guaranteed in the International Covenant on Civil and Political Rights and binding on the United States, was fully upheld," the OHCHR stated.

In 2004, the International Court of Justice (ICJ) ruled that the U.S. breached its obligations under an international convention to 51 Mexicans, including Leal, on death row in various federal prisons when it did not inform them of their right to contact their consular representatives without delay after their arrests.

"Today's execution will undermine the role of the International Court of Justice, and its ramifications are likely to spread far beyond Texas," Pillay said. "It is also the responsibility of all federal countries ensure that all individual states respect the international obligations assumed by the country as a whole."

Pillay also wrote a letter to Texas Governor Rick Perry asking him to order a life sentence instead as he had the power to commute the death penalty. A similar appeal to the Supreme Court was rejected in 2008, when Texas was set to execute a different Mexican national.

-- © BNO News All rights reserved 2011-07-09

[chuckd]

...and the execution was completely in accordance with US laws, which is really all that matters.

[coma]

And what about what that filthy animal did to that poor young girl. I doubt any consular assistance would have got him a better result. My only quarrell is why it took 15 odd years to carry out the death warrant.

[WeeGB]

So once again, the US breaks international law. But, hey that's OK, because they're the good guys.

Whatever heinous crimes Mr Garcia was convicted of, the law is the law.

International law takes precedence over any countries own laws. No exceptions, especially when the US is forever telling the rest of the world how to live. Imagine the outcry if a US citizen was found guilty of a serious crime and then executed in Iran, or North Korea.

[Wallaby]

Notwithstanding a breach of international law, a 5-4 decision is a pretty close call and considering it was regarding an execution I would have thought a commuted sentence would be a more cautious route.

[Ulysses G.]

Imagine the outcry if a US citizen was found guilty of a serious crime and then executed in Iran, or North Korea.

If he raped and murdered a child, no one would care. Executing this worthless creep was the right thing to do.

[Scott]

I am curious which International Law was broken?

It's not the first time it has happened. Some years back there was a big bru-ha-ha over a German national that got executed (Arizona, I think). I seem to recall he had dual citizenship.

[Wallaby]

If we accept that the US issues a punishment as per their law then they must also accept every other country doing the same as per their own laws. The law is the law isn't it, can't go picking and chosing which ones you like and don't like.

[Wallaby]

I am curious which International Law was broken?

It's not the first time it has happened. Some years back there was a big bru-ha-ha over a German national that got executed (Arizona, I think). I seem to recall he had dual citizenship.

I believe it is regarding the death penalty.

http://www.amnesty.org/en/death-penalty/international-law

[Wallaby]

This is also interesting. Scroll down to the part about Foreign Nationals. It states there that if the person is not provided the right to consult their consulate it is not only a breach of international law but also the US law.

http://www.deathpenaltyinfo.org/us-death-penalty-and-international-law-us-compliance-torture-and-race-conventions

[Scott]

If a US law was breached during the trial, then the Supreme Court would have granted a stay of execution.

[Ulysses G.]

If a US law was breached during the trial, then the Supreme Court would have granted a stay of execution.

Exactly. Anyway, whoops, too late now.

[Wallaby]

If a US law was breached during the trial, then the Supreme Court would have granted a stay of execution.

If you read the second link above (excerpt below) it should explain the reasoning behind continuing with the death penalty. Though one would think a 5-4 decision isn't so clear cut as to send a person to their death.

U.S. Secretary of State Madeleine Albright asked the state of Virginia to comply with this injunction by the International Court. The U.S. Supreme Court refused to stay the execution, primarily because it found that Breard had not raised his claim regarding the Vienna Convention in a timely manner.21 The Court held that this procedural bar not only precluded Breard's individual claim, but also negated any influence of the International Court of Justice. The decision by the highest court in the world was summarily rejected because of U.S. procedural rules designed to speed up executions.

Interestingly, while the U.S. Secretary of State was pleading with Governor Gilmore to halt the execution, the U.S. Justice Department was arguing that Virginia would suffer harm if it was not allowed to carry out the "execution in a timely fashion."22Breard was executed on April 14, 1998, shortly after the Supreme Court rendered its decision. Outside of those who have volunteered for execution and waived their appeals, Breard's case was one of the fastest to go through the appeals process since the death penalty was reinstated. Even though Breard was executed, the case that Paraguay brought to the World Court continues. An opinion by the World Court that such executions would be illegal would also imply that the U.S. is in violation of the Torture Convention.

Edited July 9, 2011 by Wallaby

[up-country_sinclair]

This a short-sighted decision from an intellectually challenged, faux cowboy, Texas governor.

Hmmm.

There seems to be a pattern emerging.

[Scott]

The link you provided states the following:

"These resolutions are not legally binding on governments..."

They concern the use of the death penalty.

[Wallaby]

Scott, not all countries are a signatory to the international court. Even those that are can decide not to follow any ruling by that court by citing any number of reasons. However, that doesn't mean they aren't against international law.

Going to war in Iraq was against international law. Doesn't mean they can't do it. Just means the country doesn't abide by international law, unless it suits them by telling other countries they must.

[Scott]

Wallaby, I am asking a simple question: What international law was broken?

[Wallaby]

Wallaby, I am asking a simple question: What international law was broken?

Ok in short......In 2004 the International Court of Justice ruled the United States had to review the cases of the 51 Mexican nationals on death row because none had received consular services.The US has breached the law by not reviewing those cases, one of which was the man executed in relation to this thread.

[Scott]

I believe the US doesn't recognize the ICJ, but thanks for pointing out the relevant law.

It's not a good idea to deny anybody consular services in a legal matter whether the death penalty is involved or not.

[Wallaby]

Yes the US doesn't recognise the ICJ. Though the problem with this particular issue is that other countries can now say they will deny the rights of US citizens in other countries from contacting their embassy/consulate after arrest.

What's good for the goose.

[koheesti]

What about Amanda Knox in Italy? Jailed for 26 years in a controversial murder case. That was probably Italy's way of getting revenge on the US for not turning over to them some CIA agents. I wouldn't put it past them.

Edited July 9, 2011 by koheesti

[Scott]

I don't know that Amanda Knox was denied consular services. At a minimum, it was a well covered trial. It also had to do with the death of a foreign national by another foreign national, as opposed to a foreign national by a local.

You can disagree with the verdict, but the trial appeared to be about as fair as any trial gets.

The problem is most severe when the foreign national is poor and may not be able to negotiate the legal system effectively. It is also important that the language problem is not an insurmountable complication.

It would seem prudent for any country to contact the embassy of any foreigner charged with a serious offense and to allow access to the accused.

[chuckd]

Do you people even know what Consular service actually is? Your consulate official doesn't show up with a magic get-out-of-jail-free card. Do any of you really believe the consulates of your respective governments really care one whit about what happens to you if you commit a crime while overseas?

The US State Department only provides consular service to insure US citizens are treated no differently than citizens of the nation in which the crime was committed and for which they have either been charged or convicted of. They cannot and do not request special dispensation be provided US citizens (unless they are arrested while in possession of Diplomatic Immunity) and will wring their hands and express their regrets at being unable to assist the incarcerated US citizen.

Mexico would be better advised to use their limited resources to solve problems such as the following incident rather than wasting their time, the US Supreme Court's time and our time on something that clearly isn't worth it.

_______________________________________________________

At least 21 killed in Mexican bar shooting‎

2011-07-10 03:38:37 GMT+7 (ICT)

MONTERREY, MEXICO (BNO NEWS) -- At least 21 people were killed on Friday night when gunmen attacked a local bar in the northern Mexican state of Nuevo León, El Universal newspaper reported.

Authorities said that unidentified gunmen fired assault rifles at people in the "El Sabino Gordo" bar located in the state's capital, Monterrey. The gunmen arrived in at least three vehicles and two vans and started shooting at customers and employees.

Nuevo León state security spokesman Jorge Domene said that the slaughter was the result of a row between Los Zetas and Gulf cartel. He said that months ago authorities conducted a search at the bar and found drugs.

Edit in: My tirade was not directed at you, Scott.

Edited July 10, 2011 by chuckd

[OriginalPoster]

So once again, the US breaks international law. But, hey that's OK, because they're the good guys.

Whatever heinous crimes Mr Garcia was convicted of, the law is the law.

International law takes precedence over any countries own laws. No exceptions, especially when the US is forever telling the rest of the world how to live. Imagine the outcry if a US citizen was found guilty of a serious crime and then executed in Iran, or North Korea.

Is that really how International Law works - that International Law takes precedence over domestic criminal statutes? Does it follow that in most nations other than the US, if someone is convicted of murder and rape that they have the right to appeal their case to the World Court?

[ra1n85]

Did it say that the Mexican consulate even attempted to see him? It seems that the conviction would have been well publicised enough.

With that area of the United States, there's an enormous demand on any Mexican missions. I wouldn't be surprised if there was an attempt to ignore the murderer and leave him to American courts.

Mexicans in America face enough challenges already. Having one of their own rape and kill a child only makes matters worse.

[Sateev]

If we accept that the US issues a punishment as per their law then they must also accept every other country doing the same as per their own laws. The law is the law isn't it, can't go picking and chosing which ones you like and don't like.

Happens all the time. What's your point?

The US Embassy won't get you out of the BKK Hilton, if you've broken Thai law, and been duly convicted. That's not to say that the standard of justice is the same in every country, but the US Department of State clearly warns its citizens not to travel to countries where justice is questionable, and makes it clear that they cannot intervene.

Currently, the US Federal law permits the death penalty. State laws in Texas do, too. I personally regret that it is legal anywhere, but, as you point out, you can't go picking and choosing which laws you obey...

edit: typo

Edited July 10, 2011 by Sateev

[Ulysses G.]

He lived in America since he was two years old. What would the Mesican consulate do for him anyway? This is much ado about nothing.

[Sateev]

So once again, the US breaks international law. But, hey that's OK, because they're the good guys.

Whatever heinous crimes Mr Garcia was convicted of, the law is the law.

International law takes precedence over any countries own laws. No exceptions, especially when the US is forever telling the rest of the world how to live. Imagine the outcry if a US citizen was found guilty of a serious crime and then executed in Iran, or North Korea.

Is that really how International Law works - that International Law takes precedence over domestic criminal statutes? Does it follow that in most nations other than the US, if someone is convicted of murder and rape that they have the right to appeal their case to the World Court?

Of course not. WeeGB is delusional if he/she/it believes that.

[BOS2BKK]

Notwithstanding a breach of international law, a 5-4 decision is a pretty close call and considering it was regarding an execution I would have thought a commuted sentence would be a more cautious route.

The overwhelming majority of Supreme court decisions are split at 5/4. It is not a close margin, it is a typical margin. That is specifically why the courts has an odd number of members, so they are actually forced to accomplish things, where Congress is constantly making bargains.

The simple fact is the Republic of Texas is a sovereign state, and acted in total accordance with it's laws. This man was not a federal prisoner. He is not subject to the whim of the federal government. I applaud Texas for standing up for their rights against the political nonsense that pleads leniency for a rapist. Who helped his victim when she was pleading for mercy?

[BOS2BKK]

This would be the same UN that named North Korea to the international disarmament committee? The same UN that named Libya to HEAD the commission on human rights a few years ago? The same UN that refused to use the word genocide in Rwanda because it would obligate them to help...all the while they were bombing eastern Europe to prevent crimes against humanity?

Face the facts. Committees accomplish nothing. The larger and more diverse the committee the less it is able to accomplish. WHen you become as large a committee as the UN you not only accomplish nothing, you actually start to interfere with the people who are accomplishing things. The only solution is to do what the US does. Just ignore them. The UN is a FAILED EXPERIMENT!!! Nothing they do amounts to anything. Period. The last time the even came close to accomplishing their goal was in Korea, and that ended in a 60 year bargaining agreement that the UN has dropped squarely on the American taxpayers.

The UN is a waste of time and money. Any organization that tries to please everyone, and gives tiny worthless countries like Ghana the same weight of voice as world leaders like Germany, is doomed. Just accept it, disband it, and move on.