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Texas violates treaty, executes Mexican citizen [reporting 11,400 more on TX death row]
Peoples World ^ | July 8, 2011 | Emile Schepers

Posted on 07/11/2011 8:30:08 AM PDT by Cincinatus' Wife

Thumbing his nose at President Obama, Texas's Republican Governor Rick Perry allowed the Thursday evening execution of a Mexican national, even though the action violated U.S. treaty obligations under the 1963 Vienna Convention on Consular Relations to U.S. states.

The Vienna Convention stipulates, among other things, that citizens of one country arrested in another have the right to consult, "without delay," with their own country's consulate, and to be so informed of that right by the arresting authority. If the arrested person so requests, the police must take the initiative by, for example, faxing pertinent information to the prisoner's consulate.

Yet for years, state governments, especially that of Texas, have simply ignored the Vienna Convention, and neither allowed arrested foreigners to contact their consulates nor informed them of their right to do so. In Texas currently, there are reportedly 11,400 citizens of Mexico awaiting execution in state prisons, who have been denied their rights under the Convention. One of them was Humberto Leal Garcia, the man executed by lethal injection on Thursday night. Leal, who was brought to the United States without papers as a baby, was convicted of assaulting and murdering a 16-year-old girl, Adria Sauceda, in 1994, while he was under the influence of drugs and alcohol. He asserted, through attorneys, that he would not have been convicted, let alone sentenced to death, had he been informed of his rights, and had he been able to coordinate his defense with the Mexican consulate. However, before he was executed he took responsibility for the murder and apologized to the victim's family.

[snip]

The case during the Bush administration eventually ended up before the U.S. Supreme Court, which, reflecting its right-wing majority, ruled in 2008 in favor of Texas, i.e. that Texas authorities do not have to obey the Vienna Convention because Congress failed to pass legislation ordering them to do so. Likewise evidence obtained in cases in which consular contact was denied cannot be suppressed because of the violation of the Convention. By this logic, only federal prisoners have to be given their rights under Vienna, and they are a small minority of foreigners arrested in the United States each year. Other signatory countries do not assert such claim.

[snip]


TOPICS: Crime/Corruption; Culture/Society; Foreign Affairs; Government
KEYWORDS: deathpenalty; execution; justice; murder; texashasnotreaty
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He also shouted "Viva Mexico! Viva Mexico!" and "His relatives burned a T-shirt picturing the American flag in protest in Guadalupe, Mexico, Thursday night."

11,400 Mexicans on death row in Texas whose rights an international court say have been denied!!! [the fiction writer of this story padded that number by 11,385]

Texas houses 15 of the more than 50 Mexican national death row inmates listed in an International Court of Justice opinion that determined the United States violated their rights when local law enforcement didn’t inform them of the right to call the Mexican consulate. Those on Texas death row included in the 2004 ruling

All Offenders on Texas Death row

BTW this was a big LIBERAL crocodile tears performance against Rick Perry and Texas to make brownie points with 2012 Democratic Party voters: "U.S. officials asked the Supreme Court to grant a delay to give Congress time to make the death penalty illegal [since 2008] for foreign nationals who were not given access to diplomatic representation after being arrested for capital crimes. The high court ruled in an unsigned majority opinion against the bid for a delay, arguing that Congress had enough time to pass legislation before the execution. "Our task is to rule on what the law is, not what it might eventually be," the majority wrote." source

1 posted on 07/11/2011 8:30:16 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

On FOX, someone said this guy had been in the US since he was two years old.


2 posted on 07/11/2011 8:32:59 AM PDT by freespirited (Stupid people are ruining America. --Herman Cain)
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To: Cincinatus' Wife

woot! go RICK!


3 posted on 07/11/2011 8:33:12 AM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: Cincinatus' Wife

Dear People’s World;
Tell Mexico to keep it’s murdering rapists home and Texas won’t have to exterminate them. They tend to give rats a bad name.


4 posted on 07/11/2011 8:33:40 AM PDT by budj (beam me up, scotty...)
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To: freespirited
On FOX, someone said this guy had been in the US since he was two years old.

That was reported by a local talk show host in Houston as well. He also made a great point--Lawmen are prohibited from asking hispanics their citizenship status. Now the feds are saying Texas *should have* asked about citizenship status.

They're asking the impossible of Texas, and they know it.

5 posted on 07/11/2011 8:41:11 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: Cincinatus' Wife

“In Texas currently, there are reportedly 11,400 citizens of Mexico awaiting execution in state prisons, who have been denied their rights under the Convention”

In Texas we would call that a GOOD START.:)

What a LIE, How could that be allowed to be printed?


6 posted on 07/11/2011 8:41:27 AM PDT by RWGinger
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To: freespirited

Just another undocumented worker, doing the job Americans wouldn’t do, like rape and murder.


7 posted on 07/11/2011 8:41:43 AM PDT by douginthearmy
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To: Cincinatus' Wife
"arguing that Congress had enough time to pass legislation before the execution."

In other words asking the Republican congress to retroactively change the law. And if they did, they would be darned and if they didn't they would be darned. So I don't blame the Republicans for not taking it up, but I do blame the Liberal/Progressives for pushing such nonsense.

For US law is not subservient to foreign law. This is why many countries will not extradite murderers to the United States because they have crocodile tears for murderers.

No the Article is pushing for US law to be subservient to foreign laws in order to push socialism a bit faster.

But I'm happy when they won't extradite and keep them in the foreign jails. Then we don't have to pay for it nor the constant lawsuits these folks foist upon the system.

In this recession, I have no compassion for murderers and know the Progressives/Liberals are just trying to buy illegal votes.

IMHO: If we just deport them they will just come back and murder again. Rather than burden the system with an illegal situation, we should be done with them permanently.

8 posted on 07/11/2011 8:42:35 AM PDT by sr4402
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To: Cincinatus' Wife
11,400 Mexicans on death row

I was going to say, if that's the real number, we need to put in a couple of express lanes and maybe a self-checkout lane.

/johnny

9 posted on 07/11/2011 8:43:09 AM PDT by JRandomFreeper (Gone Galt)
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To: RWGinger
What a LIE, How could that be allowed to be printed?

???????

Why not go for the REALLY BIG LIE:

11,400,000 Mexican nationals on Texas death row.

10 posted on 07/11/2011 8:44:03 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

“The PW is known for its partisan coverage. We take sides - for truth and justice. We are partisan to the working class, racially and nationally oppressed peoples, women, youth, seniors, international solidarity, Marxism and socialism. We enjoy a special relationship with the Communist Party USA, founded in 1919, and publish its news and views.”

And I would take a commie rag serious, WHY?


11 posted on 07/11/2011 8:44:30 AM PDT by Marty62 (Marty60)
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To: Cincinatus' Wife
Gosh, we'd better fix that and let Leal contact the Mexican Consulate... Oh, wait.. he can't.. because he's DEAD!!!!!


12 posted on 07/11/2011 8:44:53 AM PDT by ScottinVA (A poster on a White House wall on 20 Jan 2013: "Malice doesn't live here anymore")
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To: Cincinatus' Wife

“Rick Perry allowed the Thursday evening execution of a Mexican national, even though the action violated U.S. treaty obligations under the 1963 Vienna Convention on Consular Relations to U.S. states”

What an ignorant statement. The Vienna Convention has nothing to do with executions, it only deals with consular notification. In my experience, notification of the Mexican (and most other) Consulates would have resulted in precisely zero action on the part of Mexico: no attorney, no visit, no nothin’. Besides, this guy wouldn’t have contacted them anyway, as he grew up in the US.

This particular “bloody shirt” is being waved in the wrong direction.

Colonel, USAFR


13 posted on 07/11/2011 8:45:17 AM PDT by jagusafr ("We hold these truths to be self-evident...")
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To: JRandomFreeper
I was going to say, if that's the real number, we need to put in a couple of express lanes and maybe a self-checkout lane.

There must be a whole lotta gullible readers at "Peoples World."

14 posted on 07/11/2011 8:45:36 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

Funny how fast one of ‘God’s children just seeking his piece of the American Dream’ turns into a ‘Mexican National’ depending on how the spin goes.


15 posted on 07/11/2011 8:46:50 AM PDT by skeeter
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To: freespirited; Cincinatus' Wife
Domestic Terrorist Bernadine Dohrn At The Heart Of Humberto Leal Garcia Case
16 posted on 07/11/2011 8:47:26 AM PDT by smoothsailing
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To: Cincinatus' Wife

reporting 11,400 more on TX death row]
*

Really?! let them all ride the lightning..


17 posted on 07/11/2011 8:48:36 AM PDT by max americana (FUBO NATION 2012 FAK BARAK)
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To: Cincinatus' Wife

Obama, as POTUS, has the power to pardon or commute a sentence. His failure to do so must mean that he wanted Leal dead.


18 posted on 07/11/2011 8:49:02 AM PDT by pikachu (After Monday and Tuesday, even the calender goes W T F !)
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To: freespirited

Gee whiz...you mean the Supreme Court ruled that the UN cannot dictate to the US the laws under which Americans must live??? Why how AWFUL!!!! EVERYBODY know the UN should be the BOSS, NOT the American people!!!!!!


19 posted on 07/11/2011 8:49:57 AM PDT by Oldpuppymax
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To: ScottinVA
Since they're reporting only 4 doses of the lethal injection remain available for executions, Texas is going to have to come up with another solution.


20 posted on 07/11/2011 8:51:42 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

"If you come to Texas and kill someone, we will kill you back!"

--Ron "Tater Salad" White

21 posted on 07/11/2011 8:52:03 AM PDT by ScottinVA (A poster on a White House wall on 20 Jan 2013: "Malice doesn't live here anymore")
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To: smoothsailing

How VERY interesting.

Thanks.


22 posted on 07/11/2011 8:54:17 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
However, before he was executed he took responsibility for the murder and apologized to the victim's family.

Great. But she's still dead. And now... so's he. So there.

23 posted on 07/11/2011 8:54:34 AM PDT by ScottinVA (A poster on a White House wall on 20 Jan 2013: "Malice doesn't live here anymore")
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To: Cincinatus' Wife; All

he was in this country ILLEGALLY, you give up treaty rights at that point.

You also have the USSC which rejected this nonsense.


24 posted on 07/11/2011 8:55:06 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Cincinatus' Wife
How did you find this story?

From People's World"about us" page:

We are partisan to the working class, racially and nationally oppressed peoples, women, youth, seniors, international solidarity, Marxism and socialism. We enjoy a special relationship with the Communist Party USA, founded in 1919, and publish its news and views.

25 posted on 07/11/2011 8:58:00 AM PDT by submarinerswife (Insanity is doing the same thing over and over, while expecting different results~Einstein)
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To: douginthearmy

“Just another undocumented worker, doing the job Americans wouldn’t do, like rape and murder.”

Love it...you provided my chuckle for the day! Thanks.


26 posted on 07/11/2011 8:58:20 AM PDT by Dudoight
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To: ScottinVA

As certain as "death in Texas." -- Kelly Bundy (Married with Children)

27 posted on 07/11/2011 8:59:43 AM PDT by Cincinatus' Wife
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To: jagusafr

Notice how an illegal wants and gets the benefits of US Citizenship from the Libs, but is recognized as a “Mexican National” when his neck is on the block. Disgusting.


28 posted on 07/11/2011 9:01:03 AM PDT by pingman (Durn tootin'; I like Glock shootin'!)
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To: submarinerswife

I was doing a Google search for “Rick Perry” and there it was.

~~~~~11,400 Mexicans on death row denied rights.~~~~


29 posted on 07/11/2011 9:01:40 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

IIRC, the President signed the treaty, but the Senate never ratified it.

Further, the perp never brought up his alien status during the trial(s). It only became an issue AFTER he was sentenced.

So to hell with the treaty, and the author.


30 posted on 07/11/2011 9:06:42 AM PDT by Little Ray (Best Conservative in the Primary; AGAINST Obama in the General.)
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To: Cincinatus' Wife

Ain’t that the truth?? That anyone would even print this tripe is waaaay beyond me. As an aside....God bless Texas and it just doesn’t get any better than this. I love seeing drawers in great big wads! :)


31 posted on 07/11/2011 9:07:08 AM PDT by Dawgreg (Happiness is not having what you want, but wanting what you have.)
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To: Cincinatus' Wife

Wait till they hear about Judge Roy Bean. (snicker)


32 posted on 07/11/2011 9:08:29 AM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: Dawgreg

33 posted on 07/11/2011 9:09:56 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
11,400 Mexicans on death row denied rights

That is an awful condition that there are so many on death row. How inhumane. I think Texas ought to be compassionate and remove them all those from awaiting death. I suggest 11, 400 lethal injections or a firing squad. After all, we wouldn't want that many Mexican criminals sitting in prisons on death row, we want them dead so we can send their remains back home to Mexico.

34 posted on 07/11/2011 9:11:05 AM PDT by DaveyB (Our Constitution was made only for a moral and religious people. -John Adams)
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To: Cincinatus' Wife

This Piece of feces murdered this girl in 1994 and the Mexicans and the UN have just discovered he didn’t get to call his embassy.

That sounds to me a little like Tough Sh**.

He is dead now ,if you have any others in there who have had their rights violated I suggest the UN and other bleeding hearts start complaining now instead of waiting until the day before they meet their just reward.

I offer the guy a hearty AMF.


35 posted on 07/11/2011 9:11:15 AM PDT by Venturer
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To: Cincinatus' Wife

Dear Mexico:
You can have him back now.
Texas
http://www.youtube.com/watch?v=JQ8jGqdE2iw


36 posted on 07/11/2011 9:14:28 AM PDT by tumblindice (*Lake TiticacaLake TiticacaLake TiticacaLake TiticacaLake TiticacaLake TiticacaLake TiticacaLake Tit)
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To: pikachu

I do not believe he can do anything about a sentence under state law, just Federal.


37 posted on 07/11/2011 9:15:25 AM PDT by Newtoidaho (Fight organized crime. Vote out all incumbent Democrats!)
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To: Little Ray

I wondered about that myself. Also, if you can’t ask them about their legal status when you arrest them, how are you supposed to know you have to notify the Mexican Consulate about them?


38 posted on 07/11/2011 9:16:02 AM PDT by Waryone (RINOs, Elites, and Socialists - on the endangered list, soon to become extinct.)
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To: Cincinatus' Wife

Thumbing his nose at President Obama, Texas’s Republican Governor Rick Perry allowed

Well Obama thumbs his nose at all Americans so one doing it back seems appropriate!


39 posted on 07/11/2011 9:16:29 AM PDT by SECURE AMERICA (Where can I sign up for the New American Revolution and the Crusades 2012?)
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To: SECURE AMERICA

I laughed at that “thumbing his nose” thought too!


40 posted on 07/11/2011 9:20:19 AM PDT by Cincinatus' Wife
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To: Waryone; Little Ray; All
July 4, 2011 [Texas] Rule requiring drivers to prove citizenship now law As the House early last month debated a must-pass finance bill, one member slipped in language that puts into law a controversial Texas Department of Public Safety policy requiring driver's license applicants to show they're in the country legally.

The amendment, added by Rep. Jim Pitts, R-Waxahachie, to the education funding bill legislators needed to balance the state budget had originally been included in Senate Bill 9, the so-called "sanctuary cities" bill that failed in the special session. It also had appeared in an omnibus homeland security bill by Sen. Tommy Williams, R-The Woodlands, that died in the regular session.

The new law approved last Tuesday makes some tweaks to a 2008 DPS policy that prevents illegal immigrants from getting a driver's license and created a special license for temporary visitors. The rules require Texans applying for or renewing their license to show they are citizens or are in the country legally.

By putting it into law the state potentially undermines an ongoing lawsuit that argues DPS doesn't have authority to check legal status."....

41 posted on 07/11/2011 9:21:54 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
A treaty was violated because Texas executed an animal that kidnapped, Raped, tortured and murdered a young girl?
42 posted on 07/11/2011 9:22:01 AM PDT by mountainlion (AMERICA LOVE IT OR LEAVE IT.)
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To: ScottinVA
However, before he was executed he took responsibility for the murder and apologized to the victim's family

The joke is on his idiot attorney - who was loudly proclaiming his client's innocence 24 hours before he got fried.

43 posted on 07/11/2011 9:26:58 AM PDT by skeeter
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To: RWGinger
"“In Texas currently, there are reportedly 11,400 citizens of Mexico awaiting execution in state prisons, who have been denied their rights under the Convention”"

If that is true then there is 11,400 more reasons to SHUT THE DAM BORDERS

44 posted on 07/11/2011 9:32:21 AM PDT by Mr. K (CAPSLOCK! -Unleash the fury! [Palin/Bachman 2012- unbeatable ticket])
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To: Cincinatus' Wife

Makes me proud to be Texan!


45 posted on 07/11/2011 9:39:22 AM PDT by ImpBill ("America ... where are you now?" signed, a little "r" republican!)
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To: Cincinatus' Wife
the police must take the initiative by, for example, faxing pertinent information to the prisoner's consulate.

"Here you go Officer Smith...fax this information to the Mexican Consulate. Oh, look...it's midnight."

"Yo Henry, throw the switch!"

"...zzzzzttttt...."

46 posted on 07/11/2011 9:42:21 AM PDT by moovova (Obama rolled up his sleeves...and cut 2 strokes off his golf score.)
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To: sr4402
This UPI story about the execution uses a photo of Rick Perry (and a bit of Barack Obama) attending the Ft. Hood soldier memorial service held for those ambushed and murdered by Nidal Malik Hasan.

U.N. official deplores Texas execution

A coincidence?

I don't think so.

47 posted on 07/11/2011 9:53:20 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

New headline -

Mexico violates treaty, invades Texas


48 posted on 07/11/2011 9:54:29 AM PDT by rbbeachkid (Get out of its way and small business can fix the economy.)
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To: Cincinatus' Wife
Texas is going to have to come up with another solution.

Well, the gun grabbers have always asked us what those high capacity magazines are good for.

There you go.

49 posted on 07/11/2011 9:58:55 AM PDT by humblegunner
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To: Mr. K

Oh Indeed
but it is NOT true. I wish it were. I am sure there are 11,400 illegal mexican criminals here in Texas

Yes close the border now. IF we’d actually built the wall when we said we were going to it would be finished by now
and then we could start allowing in people we know who they are and where they are going


50 posted on 07/11/2011 10:04:46 AM PDT by RWGinger
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