Mexico challenges U.S. death sentences in the World Court

[Say_What]

Gitmo isn't the only place that foreign prisoners are being denied their rights.

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The International Court of Justice (ICJ) is scheduled to hear a contentious case filed by Mexico against the U.S.A., challenging the legitimacy of the death penalty in this country, from December 15 to 19. Judges from the so-called “World Court,” the top-level legal body of the United Nations that is based in The Hague, will hear Mexico’s legal team argue that 54 Mexican citizens who were found culpable and who are now on death row in a number of states were denied their right to pretrial counsel and trial assistance by Mexican consular officials. As such, the pleadings will call for cancellation of all 54 executions.

In what is viewed as the unacceptable intervention by Mexico in U.S.A. domestic affairs, U.S. government attorneys will argue that over and above the improprieties in Mexico’s petition, the granting of such a request would violate this nation’s sovereignty.

During the recent debate in the Mexican senate with respect to last month’s foreign ministry (SRE) decision to replace a number of diplomats worldwide, some interesting insights into Mexican opinions and plans on the death penalty matter also surfaced. Per se, opposition party senators mainly based their comments and criticism on the November 7 announced decision to remove Santiago Oñate Laborde as ambassador to the Low Countries.

Silvia Hernández, a member of the Institutional Revolutionary Party (PRI) who chairs the senate’s North America Foreign Affairs Committee, charged that the arbitrary decision of the SRE to relieve Oñate — an attorney and onetime president of the PRI — of his post at this time weakens Mexico’s chance of winning the case against the U.S.A. This is a “life and death” matter, and as such all the work that Oñate has done since the case was filed last January — including his positive rapport with ICJ judges, could be damaged or lost the ex-tourism secretary said.

http://www.mexidata.info/id105.html

[Judi Lynn]

1. This is very interesting, interesting that our own media won't cover it

Apparently they are becoming as short-sighted and self-absorbed as their pResident.

From your article:

Mexico’s fundamental argument is that the U.S.A. is in violation of the Vienna Convention on Consular Relations and Optional Protocols. In part, Article 36.1.b., states: “if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or custody pending trial or is detained in any other manner…” It would thus seem that all 54 of those now awaiting execution of sentence were not opportunely informed of their rights, and that none “so requested” consular services?

Following the clamor in the senate regarding Oñate and the ICJ hearing, foreign minister Luis Ernesto Derbez said that every effort possible would be made to defend Mexicans who face capital punishment abroad. Oñate in turn has been quoted in news reports as saying that, while he may no longer be ambassador to the Low Countries, he will be kept on this particular case until its conclusion. The ICJ is expected to rule by March 2004.

In addition to repeatedly voicing concern over the negative moves of the SRE and for the lives of the 54 Mexicans sentenced to death, Senator Hernández pointed a critical finger straight at the Fox administration. “The government has said that its foreign policy priority is the defense of Mexicans abroad, (and) here is its opportunity to show with actions that its policy is efficient and it is committed. It is clear to us that this means beating the U.S.A. in an international trial. One must not be afraid of the U.S.A.,” she said. (snip/)

It's even more interesting in the light of how much mileage _Bush tried to get during his early days as pResident, dragging Vincente Fox around with him like a rag dollie. It seemed he believed that if Vincente Fox was polite to him, it showed he was held in high esteem in the world community.

This subject came up a long time ago. Too bad _Bush won't take the time to work with Fox on it.

[Say_What]

2. AP: U.S., Mexico In Death Penalty Feud

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(AP) The United States asked the United Nations' highest legal body not to interfere in its criminal justice system, demanding Tuesday that it throw out a case filed by Mexico over the death penalty.

The International Court of Justice is hearing a suit that alleges 52 Mexican citizens on U.S. death row were denied a fair trial because they weren't told they had a right to help from the Mexican consulate.

Mexico asked the court on Monday to order the men's cases be returned to the moment of their arrest and started again.

But representing the United States, William Taft — great-grandson of President and Chief Justice William Howard Taft — said the request was "unprecedented" and the international court was "not a criminal appeal court."

http://www.cbsnews.com/stories/2003/11/24/world/main585236.shtml

[Muddleoftheroad]

3. This just in, Mexico moves to bolster *

By making international interference in the U.S. justice system an issue, Mexico is doing its part to boost the popularity of *.