Did some checking.. my understanding is the ICJ (International Court of Justice) decreed the USA was in violation of the Geneva Convention and ‘directed’ President (not Governor) Bush to review the decision, which he did, possibly knowing full well the United States Supreme Court would decide that in fact he did not have the authority to do so, which was a decision it later made. As governor, Perry could have commuted the sentence.
Quote:
“...knowing full well the United States Supreme Court would decide that in fact he did not have the authority to do so.”
Exactly.
In 2004, the International Court of Justice (ICJ), the principal judicial body of the United Nations, determined that Leal and some 50 other Mexican Nationals on death row in the United States were entitled to judicial hearings to determine whether there had been a breach of their rights.
After the ruling, then President George W. Bush directed state courts to review the cases. But Texas pushed back, arguing that state courts were not subject to the rulings of an International Court.
In 2008, the issue reached the Supreme Court, which said that Congress would have to pass legislation in order for the ICJ decision to be enforced.
But it was only last month that Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, introduced the Consular Notification Compliance Act, which was meant to facilitate U.S. compliance with consular notification and provide judicial review for these particular foreign nationals who were denied access to their consulate.