DP in Texas
Tuesday, July 29, 2008
In 1963, the United States signed the Vienna Convention on Consular
Relations Treaty, which established the rights of people detained in
other nations.
The International Court of Justice at The Hague, Netherlands, also
known as the World Court, has ruled that the United States violated
that treaty when Texas authorities failed to allow a Mexican national
arrested for murder and rape to meet with his home country’s Mexican
Consulate for legal assistance.
Nevertheless, unless the Texas Board of Pardons and Paroles and Gov.
Rick Perry quickly intervene that same Mexican national, Jose Ernesto
Medellin, will be executed next Tuesday despite the signed
international treaty, the ruling by the World Court or the appeal by
President Bush.
In 1993, Medellin, who was born in Mexico but has lived most of his
33 years in the United States, confessed that he was part of a gang
that attacked, raped and murdered two school girls ages 14 and 16 in
Houston when they were walking home.
Medellin waived his Miranda rights but was not told of his right to
talk to the consulate of his country. Medellin’s attorney only raised
that right after his conviction.
Mexico filed an appeal with the World Court while Medellin filed
similar state and federal appeals.
The World Court ruled that the United States violated the rights of
Medellin and other Mexican prisoners and called for “review and
reconsideration” of the sentences and convictions of the Mexican
prisoners. Medellin’s case is supported by the European Union and
international human rights organizations.
President Bush called on the Texas Court of Criminal Appeals to
review the case based in the World Court’s finding.
The Texas Court of Criminal Appeals defied Bush, the World Court and
international opinion by refusing to hear the Medellin case.
Although Article VI of the Constitution says that “all treaties
made . . . under the authority of the United States shall be the
supreme law of the land, and the judges in every state shall be bound
thereby,” the U.S. Supreme Court ruled 6-3 that since Congress failed
to provide a method to implement the treaty, Texas does not have to
abide by the treaty.
Even if the effort in Congress succeeds in ensuring that the treaty
is honored nationwide, it will not come before Medellin’s Aug. 5
execution date.
The case against Medellin is strong. Nothing will be lost if it is
reconsidered in line with the treaty.
A lot could be lost, however, if other countries with questionable
legal systems follow the Texas example by ignoring the treaty and
refusing to allow Americans arrested in foreign countries from
consulting with the American Consulate for legal assistance.
The Medellin case needs to be reconsidered.
