UN: Texas execution broke international law

[sinkingfeeling]

http://www.msnbc.msn.com/id/43685778/ns/us_news-crime_and_courts/



GENEVA — A top United Nations' rights official said the United States was in breach of international law over the execution of a 38-year-old Mexican citizen in Texas.

..U.N. High Commissioner for Human Rights Navi Pillay said Friday the Texas execution of Humberto Garcia Leal "raises particular legal concerns," including whether he had access to consular services and a fair trial.

Pillay also cited a 2004 International Court of Justice ruling saying the U.S. must review and reconsider the cases of 51 Mexican nationals sentenced to death, including Leal's — but, she said, that never happened.

The Obama administration warned that executing Leal would violate the Vienna Convention on Consular Relations and leave U.S. citizens traveling abroad at higher risk of arrest without cause or denial of diplomatic representation.

Mexico strongly condemned the execution, lodged an official protest with the U.S. State Department and sent letters to Texas Governor Rick Perry "underscoring the importance of fulfilling the international obligations," according to a press release from the Mexican Foreign Ministry.

[CBGLuthier]

1. Rogue State Indeed

[Name removed]

24. Deleted message

Sub-thread removed by moderator. Click here to review the message board rules.

[WillyT]

2. Can We Put Texas In The Hague ???

:hide::evilgrin::hide:

:yoiks:

[provis99]

3. the invasion of Iraq broke international law too. US response: So?

[myrna minx]

4. K&R - I've been told here that treaties don't matter as long as someone thinks the convicted is

a bad person. It's a weird world.

[Davis_X_Machina]

6. No, no, you have the law wrong.

The condemned wasn't a 'foreign national', he was a Mexican. Foreign nationals come from actual foreign countries, whereas Mexicans come from Mexico.

Any Texan could have told you that.

[QED]

5. Fear Rick Perry.

If he gets in the race he may just win it. And, if he beats Obama, we'll have another Texas cowboy governor as president. Fear Rick Perry.

[fascisthunter]

7. We Have too Many Totalitarian Head Cases Running things in the US

[Drale]

8. Time to hand Rick Perry over to the UN

for prosecution for human rights violations.

[MountainLaurel]

9. Can the UN invade now?

Canada? Please?

[MrDiaz]

10. I'm sorry

I'm going against the tide on this one. If you go to a state illegally, that supports the death penalty, and then proceed to rape and murder a 16 year old teen from San Antonio. You deserve the same punishment any other criminal of the same crime gets in texas. This guy deserved exactly what he got.

[Xithras]

11. Actually, there's a bit more to it than that.

It's my understanding that the guys parents brought him across the border when he was a toddler, and that he was raised as an American (albeit an undocumented one). They guy hadn't even been to Mexico since his parents brought him across the border.

For him, the consular assistance complaint was mostly a gambit by his defense team to try and force another trial based on a legal technicality. While I'm not a big supporter of the death penalty, I do recognize that, in this case, it was basically a desperate effort to prolong a life that was doomed to execution. Even if the appeal had worked and he'd been given consular assistance, he'd have been re-convicted and executed anyway....the evidence against this guy was solid. A re-trial would have merely given him an extra year or two of life.

[Obamanaut]

18. During Leal's formative years, I would imagine that he learned that he

was not in fact a legal immigrant here in the US. And did nothing about it as he matured into adulthood.

He only became concerned after he kidnapped, raped, and murdered a teen age girl, and then decided that maybe he should contact his country of origin.

Well, he hesitated too long. He bought his ticket, now the ride is his. The only change I would make would be for his demise to be EXACTLY like that of his teen age victim. EXACTLY.

[Heywood J]

33. Ironic.

An "Obamanaut" wishing rape and murder on someone.

[sinkingfeeling]

12. That's not the arguement. We're supposed to be a nation of laws and where even the accused have some

rights.

[MrDiaz]

13. The individual states

Are binded only to the laws of the U.S. Constitution, if the states laws are within the laws of our Constitution, then Texas has done nothing wrong. The Constitution supersedes all treaties.

[EC]

16. Read the Constitution

The Constitution says we must abide by treatys that we sign on to.


Here is what Article VI, paragraph 2 actually stipulates on the issue: "...all Treaties made, or which shall be 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

[pampango]

14. We don't need no stinking international law! That's for Old Europe.

Around here "Might makes Right!". And we make sure that our military stays plenty big.

[EC]

15. And dissed the Constitution.

The Constitution says we shall abide by all treatys that we sign. The Supremes dismissed the Constitution in their ruling as did Perry.

[WinkyDink]

17. And? So does torture. So does invading and bombing non-aggressive sovereign nations. USA!

[MrDiaz]

21. So you think this guy

Should be able to come to America, commit these horrendous crimes and then should be able to be transfered to the corrupt justice system of Mexico. Like I said in my earlier post, this guy got what he deserved.

[Obamanaut]

23. I think his demise should have been in exactly the same manner

as that of his teen age victim.

Otherwise, I agree with you.

[MrDiaz]

25. THANKS

At least somebody here is on my side.

[Obamanaut]

26. I think there are three or four of us, maybe more. We are in the minority, and I don't care. nt

[Ichingcarpenter]

19. Texas put American citizens abroad in danger by ignoring international treaties.

In 2004, the International Court of Justice (ICJ) found that Leal was entitled to that remedy by way of a court review to determine if his sentence would have been different if he had been given access to the consulate. A bill is pending in Congress that would give him the right to a hearing. The Obama administration, the United Nations and the country of Mexico all petitioned the Supreme Court to order Texas hold off on the execution until Congress has time to make the fix. Even President George W. Bush – whose support for the death penalty during time as governor of Texas is well known -- said states should comply with the ICJ decision.

But Texas ignored the ICJ, along with the requests of Obama and Bush, the U.N. and the Mexican government and the pleas of former diplomats, Justice Department officials, judges and prosecutors. Texas went ahead with the execution, even disregarding the actions of other states like Oklahoma which, when faced with the same choice, opted to commute the death sentence of a Mexican national to life in prison.

The execution of Leal flies in the face of international treaties by which we are all bound, and it poses a real danger to the many Americans travelling abroad who have always counted on the American embassy for legal assistance. Texas refused to recognize the importance of giving a Mexican national access to the Mexican consulate, and in doing so turned its back on American students, aid workers and members of the military overseas who depend on our consulate in times of distress. Texas courts and politicians talk piously about the importance of “the rule of law,” but that rule only works when the law is followed by all, for all.



http://www.aclu.org/blog/capital-punishment/execution-texas-despite-so-much

[Obamanaut]

27. The Mexican national did not attempt to contact his country of origin

until after he had kinapped, raped, and murdered a teenage girl. A somewhat tardy decision. He bought his ticket, and he took his ride (I really like saying that.)

[Ichingcarpenter]

29. Texas neglected to inform him of his right to consult the Mexican consulate upon his arrest.

Texas violated Leal’s rights under Vienna Convention on Consular Relations when it neglected to inform him of his right to consult the Mexican consulate upon his arrest. The Texas authorities don’t even deny that – they simply say, in legalese, “too bad.” Because of their ability to rely on the hypertechnical timing requirements of state and federal law, Texas prosecutors can afford to ignore a legitimate legal claim. Not deny the claim, mind you – just ignore it.

[Obamanaut]

30. If he had gone to Mexico when he reached adulthood, and stayed there

until his immigration application was approved, then he could have perhaps avoided his pitfall.

But, to use the words in your response "too bad".

[MrDiaz]

32. How would Texas know

If He was illegal if there not supposed to ask immigrants citizenship status of criminals? That was the big outrage over the Arizona Immigration Law right?

[spanone]

20. i guess they haven't heard that the good ol usa doesn't have to play by the rules

we can torture, but you can't

we can send robots of death to other nations, but you can't

we can have all the nukes we want, but you can't

we can invade sovereign nations, but you can't

and on and on and on....

cause we're the good guys

oh, and on edit. rick perry is an arrogant prick

[malaise]

22. Duh

Let's hope no other country executes an American period let alone without access to the Embassy/Consul staff

[Rex]

28. Well come get Perry then! We Texans would love to see his ass GONE!

Well, us rational Texans...the Baggers are insane and will probably shoot at you on site...better yet, don't come here...

[blogslut]

31. Rick Perry has presided over more executions than any governor in history

Yeefuckinghaw. :(