Court Tells U.S. to Review Mexican Death Row Cases

FindLaw.com ^ | March 31, 2004 | Paul Gallagher

[kennedy]

THE HAGUE, Netherlands (Reuters) - The World Court on Wednesday ordered the United States to review the cases of 51 Mexicans on death row because it had failed to inform them of their right to talk to consular officials shortly after their arrests. The Mexicans, on death row in more than half a dozen states including California, Texas and Oklahoma, should have their convictions and sentences reviewed by U.S. courts because their rights had been breached, the U.N.'s top court ruled.

Mexico brought a case at the International Court of Justice, also known as the World Court, last year in which it said its neighbor breached the rights of the Mexican prisoners under the Vienna Convention on Consular Relations.

The U.S. ambassador to the Netherlands, Clifford Sobel, said the United States would review the court's decision.

"It is not Mexico which has been vindicated. What has been vindicated is the rule of international law," said Juan Manuel Gomez Robledo, one of Mexico's representatives.

The condemned Mexicans should be able to seek retrials or sentence reviews as a result of the Hague-based court ruling, Mexico's legal representatives said.

Speaking at a news conference in Mexico City, Foreign Ministry legal advisor Arturo Dager said the government had "every confidence that the United States will do everything possible to comply with this ruling."

Dager added Mexico would seek a stay of execution for Mexicans on death row in the United States, three of whom have exhausted the appeals process.

"We are not, in principle, seeking retrials, but a revision and reconsideration of the cases," he said.

CONSULAR ACCESS IS A RIGHT

The execution of Mexicans in the United States has been a bone of contention between the two countries.

Mexican President Vicente Fox angrily canceled a planned meeting in 2002 in Texas with President Bush after the state executed a Mexican.

"Review and reconsideration should be both of the sentence and conviction," the court said. Its ruling is not subject to appeal.

Human Rights Watch welcomed the ruling.

"Today's decision could make the difference between life and death for foreigners prosecuted in the United States. Access to consular officials is not a mere legal technicality, it is the gateway to a fair trial and the surest way to prevent miscarriages of justice," the group said.

Mexico complained to Bush earlier this month about Oklahoma's plans to execute Mexican Osvaldo Torres, convicted of a double murder in 1993, on May 18 despite a ruling by the court calling for a stay of execution.

Last year, the court ordered the United States to stay the executions of Torres and two other Mexicans deemed in imminent danger and reserved the right to intervene in dozens more cases.

In 2001, the court faulted the United States for violating the international rights of two German-born brothers executed in 1999 and ordered Washington to reconsider convictions in any similar cases. Walter and Karl LaGrand had been found guilty of killing a bank manager in a bungled 1982 robbery.

[kennedy]

In other news, the Republic of Texas Court ordered the United States to stop trying to collect income tax from citizens of the Republic of Texas.

[theDentist]

The World Court on Wednesday ordered the United States to review the cases of 51 Mexicans on death row.

Our reply should be:

"US Executes 51 Mexicans, Ship Remains to World Court at The Hague"

[Iron Matron]

The World Court on Wednesday ordered the United States

This is where I stopped reading.

Now, you boys sitting on the world court, do you feel froggy? You do? Why dont you just come on over hear and MAKE US!

[the OlLine Rebel]

http://www.freerepublic.com/focus/f-news/1108509/posts?page=105#105

Hit on this earlier.

[holymoly]

The World Court on Wednesday ordered the United States...

To the World Court:  I fart in your general direction.

[MAWG]

We got a rule here in TEXAS. You kill us and we'll kill you back. Dont matter what flavor you are. You wanna bow up on us Hague? Bring it.

[sergeantdave]

What's the World Court going to do to make us comply? Join the Kerry army, give themselves three purple hearts, throw their medals over a fence and then surrender?

[South40]

Yeah...this poor little serial murderer guy deserves another chance.

Photo taken in 1980

Photo taken in 1986

Photo taken in 1986

Photo taken in 1988

Photo taken in 1993

Photo taken in 1995

Photo taken in 1999

[ysoitanly]

Why prosecute them? Give them the US citizenship they so richly deserve and free health care and tuition for the kiddies. /sarcasm

[KentuckyWoman]

The execution of Mexicans in the United States has been a bone of contention between the two countries.

Well, gee...if that narco-terrorist, Vicente Fox, didn't ENCOURAGE the dregs of country to come here, this wouldn't be an issue, now would it? Fox is emptying his unemployment lines and slums right into our laps and our elected officials could care less what we think. The dems want the votes and the repubicans want the cheap labor with the average, middle-class American citizen caught in the cross-fire. We need to vote every single elected official who has voted in any way to continue allowing our 'open borders' right out of office no matter which 'party' they are in. Period.

[South40]

Well, gee...if that narco-terrorist, Vicente Fox, didn't ENCOURAGE the dregs of country to come here, this wouldn't be an issue, now would it?

Perhaps life on death row in America is better than freedom in Mexico.

[deport]

The following is dated 2/18/2003 so it may not be totally correct......

Texas data

Citizenship of Offenders on Death Row

(Any death row offender not listed here is an American Citizen)

TDCJ Number	Photo	Last Name	First Name	Date Received	County	Nationality
999203	Offender Information	Saldano	Victor	09/12/1996	Collin	Argentina
999122	Offender Information	Blair	Michael	10/18/1994	Midland	Bangkok, Thailand
942	Offender Information	Rousseau	Anibal	07/11/1989	Harris	Cuba
910	Offender Information	Rabbani	Syed	07/25/1988	Harris	Dhaka, Bangladesh
999390	Offender Information	Guevara	Gilmar	06/26/2001	Harris	El Salvador
999240	Offender Information	Ayestas	Carlos	09/17/1997	Harris	Honduras
999437	Offender Information	Heliberto	Chi	11/21/2002	Tarrant	Honduras
999030	Offender Information	Lim	Kim	06/22/1992	Harris	Kampuchea
999162	Offender Information	Leal	Humberto	09/01/1995	Bexar	Mexican National
985	Offender Information	Garcia	Hector	10/19/1990	Hidalgo	Mexican National
999062	Offender Information	Ramos	Robert	05/06/1993	Hidalgo	Mexican National
999096	Offender Information	Soriano	Oswaldo	05/06/1994	Randall	Mexican National
999130	Offender Information	Tamayo	Edgar	11/18/1994	Harris	Mexican National
650	Offender Information	Fierro	Cesar	02/26/1980	El Paso	Mexican National
999214	Offender Information	Plata	Daniel	12/11/1996	Harris	Mexican National
999247	Offender Information	Ibarra	Ramiro	12/10/1997	McLennan	Mexican National
999249	Offender Information	Maldonado	Virgilio	12/18/1997	Harris	Mexican National
999275	Offender Information	Cardenas	Ruben	07/29/1998	Hidalgo	Mexican National
999290	Offender Information	Gomez	Ignacio	12/10/1998	El Paso	Mexican National
999291	Offender Information	Rocha	Felix	12/16/1998	Harris	Mexican National
999332	Offender Information	Alvarez	Juan	11/17/1999	Harris	Mexican National
999342	Offender Information	Hernandez	Ramiro	02/11/2000	Bandera	Mexican National
999356	Offender Information	Resendiz	Angel	05/24/2000	Harris	Mexican National
999134	Offender Information	Medellin	Jose	01/06/1995	Harris	Mexican National
999369	Offender Information	Tercero	Bernardo	12/13/2000	Harris	Nicaragua
999406	Offender Information	Carty	Linda	03/07/2002	Harris	Saint Kitts

Last Updated:  02/18/2003

[KentuckyWoman]

More probably they simply never thought they would get caught and just run back across the border like so many other felons seem to do. Almost 90% of the outstanding felony warrants in California are for ILLEGALS who authorities believe has simply (temporarily) returned to Mexico to avoid prosecution.

[South40]

It sounds as though you've already seen this.

If not, it's quite informative, as it exposes quite clearly the falsehood that they are coming here to do jobs Americans don't want.

[KentuckyWoman]

Yes, I've seen that article. In fact, I have it posted on our immigration reform web site.

[thoughtomator]

We should send them a satellite picture with precise GPS coordinates of their "courthouse". And say nothing at all.

[MAWG]

I like it. I like it a lot.

[MAWG]

DAMN, if it were only true!

[Feiny]

Did we lose our soveriegnty & no one told me?
The World Court gets to tell the United States what to do?

Screw the Un, Screw the World Court & Screw Mexico!!!

[NCjim]

The World Court on Wednesday ordered the United States...

And we should give them the time of day because... ???