World Court: U.S. must delay Mexican death sentences
Wed Jul 16, 2008 11:22am EDT
By Alexandra Hudson
THE HAGUE (Reuters) - The World Court ordered the United States on Wednesday to do all it could to halt the imminent executions of five Mexicans until the court makes a final judgment in a dispute over suspects' rights.
The row, which has strained relations between the two neighbors, centers on Mexico's accusation that the United States failed to inform 51 of its citizens sentenced to die in U.S. jails of their right to consular assistance.
One of the five Mexicans on death row, Jose Medellin, is due to die on August 5 in Texas, while the others also face imminent execution.
In 2004, the World Court ruled in favor of Mexico, finding the United States had violated international law, and ordered it to review the 51 cases to see whether the lack of consular assistance had prejudiced the outcome of their trials.
A year later, U.S. President George W. Bush ordered Texas to review Medellin's case but the U.S. Supreme Court then ruled in March that Bush had no authority to do so, leading Texas to schedule Medellin's execution for August.
"The court indicates that the United States of America shall take all measures necessary to ensure that five Mexican nationals are not executed pending its final judgment," Judge Rosalyn Higgins said.
Mexico has asked the World Court or International Court of Justice (ICJ) for an interpretation of its 2004 ruling, given U.S. claims that its federal states have a large degree of autonomy in criminal justice and can act independently.
Mexico opposes the U.S. death penalty.
A gang member, Medellin was denied the right to meet with a consular official from Mexico after his arrest for the June 1993 rape and murder of two teenage girls in Houston. The killings were linked to a gang initiation.
Under the Vienna Convention, foreign nationals have a right to talk to consular officers after their arrests.
Texas has said Medellin was never told he could talk to Mexican officials. But it has argued that the claim cannot be made now because he never raised it at trial or sentencing.
Even if his treaty rights had been violated, it would not have made any difference in the outcome of the case, Texas said.
The ICJ is responsible for handling disputes between U.N. member states. Its rulings -- which often take years -- are binding and not subject to appeal.
(Editing by Ibon Villelabeitia)
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