Texas violates treaty, executes Mexican citizen [reporting 11,400 more on TX death row]

Peoples World ^ | July 8, 2011 | Emile Schepers

[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]

[ScottinVA]

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

--Ron "Tater Salad" White

[Cincinatus' Wife]

How VERY interesting.

Thanks.

[ScottinVA]

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.

[longtermmemmory]

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

You also have the USSC which rejected this nonsense.

[submarinerswife]

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.

[Dudoight]

“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.

[Cincinatus' Wife]

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

[pingman]

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.

[Cincinatus' Wife]

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

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

[Little Ray]

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.

[Dawgreg]

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! :)

[DesertRhino]

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

[Cincinatus' Wife]

[DaveyB]

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.

[Venturer]

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.

[tumblindice]

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

[Newtoidaho]

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

[Waryone]

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?

[SECURE AMERICA]

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!

[Cincinatus' Wife]

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