|
of the story
more details:
But 14 years later, Medellin still sits in a Texas prison cell as the White House argues that his conviction was flawed because Houston police failed to tell him of his right to seek help from the Mexican consulate.
Medellin's right to seek legal advice from Mexican diplomats is protected by the 1963 Vienna Convention, an international treaty that President Bush must follow under the U.S. Constitution, said Susan Gzesh, director of the human rights program at the University of Chicago.
"If the U.S. is going to disobey the obligations we've undertaken under the Vienna Convention, then other countries could retaliate," Gzesh said. "Bush is following the treaty."
The Supreme Court heard an oral argument Wednesday in the case of Medellin v. Texas, where the State of Texas presented arguments to counter those from the Bush administration and Medellin's attorney asked the court to set aside Medellin's conviction and death sentence and grant him a new hearing.
Medellin used a court-appointed attorney throughout his case but did not become aware of his right, as a Mexican national, to seek help from the Mexican consulate until after he was sentenced to death. That right extends from the 1963 Vienna Convention, of which the United States is a signatory, and the International Court of Justice found that the rights of Medellin, and 50 other Mexican-born U.S. inmates, were violated because they weren't informed of this right at the time their cases were being prosecuted.
The Bush administration was pulled into the case when Mexico sued the United States in 2003. The International Court of Justice ruled in Mexico's favor in 2004, ordering the United States to review the case. Bush wrote a presidential memo in 2005 saying that the U.S. would comply and order state courts to review the cases.
Bush later withdrew the United States from the Vienna Convention that gives the international court final say in international disputes. But that withdrawal did not change U.S. obligations to follow the treaty, Gzesh said.
The Supreme Court's ruling will determine whether the president has the power to order Texas state court to comply with the International Court's decision. The court will clarify presidential, congressional and court powers and what powers remain with the federal government versus the states.
"It is inexplicable that the president of the United States, our former governor, would turn his back on the families and on these victims and side with the world court and the Mexican government," said Dianne Clements, president of Houston's Justice for All, a criminal justice reform organization.
Texas executed 152 inmates while Bush was governor.
|