Paragraph in the middle of the article:

"If the United States doesn't abide by the ruling, Mexico intends to take
further legal steps, according to a Mexican diplomat. Countries that fail to
comply with court rulings can be referred to the U.N. Security Council for
"appropriate action," according to the court's statute."
 
 

World Court Says United States Must Review 51 Death Penalty Cases of
Mexicans

By Anthony Deutsch Associated Press Writer
Published: Mar 31, 2004

http://ap.tbo.com/ap/breaking/MGAWVBQ9ISD.html

THE HAGUE, Netherlands (AP) - The world court ruled Wednesday that the
United States violated the rights of 51 Mexicans on death row to receive
diplomatic help, and ordered Washington to review their cases.
The ruling by the International Court of Justice could mean a reprieve or
another chance of appeal for the inmates, including one scheduled to die May
18 in Oklahoma. It also could have implications for other foreign citizens
in U.S. prisons who were not told they could receive help from their
governments.

The order raised questions from the eight states holding the inmates, but no
assurances that the states will try to address the court's concerns.

Some states were seeking advice Wednesday from the U.S. State Department,
but several officials said they doubted the ruling would affect their
execution plans. Officials in Oklahoma and Texas, where three of the Mexican
inmates are on death row, said no immediate action was being taken in those
cases.

"I don't see the world court as being the same as the U.S. Supreme Court,
where we'd immediately have to jump and say we'll do it," said Nevada Deputy
Attorney General Dave Neidert.

Texas officials also downplayed the World Court ruling.

"These individuals have been duly tried or are in the process of being duly
tried," said Texas attorney general spokesman, Paco Felici. "We don't
believe the World Court has standing."

U.S. officials will study the decision carefully, said State Department
spokesman Adam Ereli, adding that the United States has tried to comply with
the requirement that consular access be granted to Mexican and other
citizens detained on U.S. soil.

It was the second time the highest U.N. court has ruled the United States
broke the 1963 Vienna Convention, which protects foreigners accused of
serious crimes. In 2001, Arizona ignored a court order to stay the execution
of a German citizen.

Although the court dealt specifically with the cases of 52 Mexicans, it
cautioned the principle should apply to all foreigners imprisoned for
serious crimes. There are 121 foreign citizens on U.S. death row, 55 of whom
are Mexican, according to the Death Penalty Information Center.

It would be wrong to assume the court's conclusions "in the present judgment
do not apply to other foreign nationals finding themselves in similar
situations in the United States," said the ruling by a 15-member panel.

The court backed virtually all of Mexico's main arguments, presented in
December.

"The U.S. should provide by means of its own choosing meaningful review of
the conviction and sentence" of the Mexicans, presiding judge Shi Jiuyong
said.

Shi said the review, in all but three cases, could be carried out under the
normal appeals process in the United States.

Arturo Dager, a legal adviser with Mexico's Foreign Relations Department,
said the court's findings were "a triumph of international law."

"Mexico was not vindicated. The rule of international law was vindicated. Of
course we are confident the United States will fully comply with the
ruling," added Mexican Ambassador Juan Gomez Robledo.

David Sergi, who represents Texas prisoner Roberto Ramos, said the ruling
"will give us a chance to litigate a lot of issues that were not addressed
at trial." He said it could lead to a retrial or at least a sentencing
review for his client.

For the three defendants who have exhausted all appeals, the United States
should make an exception and review their cases one last time, the court
said.

If the United States doesn't abide by the ruling, Mexico intends to take
further legal steps, according to a Mexican diplomat. Countries that fail to
comply with court rulings can be referred to the U.N. Security Council for
"appropriate action," according to the court's statute.

Even if Washington accepts the decision, it's unclear if federal authorities
have the power to enforce it or compel individual states to abide by it.

In hearings in December, lawyers for Mexico argued that any U.S. citizen
accused of a serious crime abroad would want the same right, and the only
fair solution for the men allegedly denied diplomatic help was to start
their legal processes all over again.

The United States had argued the case was a sovereignty issue, and that the
15-judge tribunal should be wary of allowing itself to be used as a criminal
appeals court, which is not its mandate.

Besides Ramos, the court ordered a special review for fellow Texas inmate
Cesar Fierro, and Osbaldo Aguilera Torres, in Oklahoma. Torres is set to be
executed on May 18.

Fierro was convicted of shooting a taxi driver to death, Ramos was convicted
of killing his wife and two children with a hammer, and Torres was convicted
of killing two people during a burglary.

Mark Henrickson, who handled Torres' appeals, said he hopes Oklahoma will
comply with the ruling and that his client will be given a new trial.

"The U.S. frequently asks that nations abide by international law and I
think we need to abide by international law," Henrickson said.

But Oklahoma Gov. Brad Henry plans no action in the case until after a May 7
clemency hearing before the state's Pardon and Parole Board.

Other Mexicans are on death row in Arizona, Arkansas, California, Florida,
Nevada, Ohio, and Oregon.

The U.S. Supreme Court has refused to be drawn into the international debate
over foreigners on death row. In November, the court declined to hear an
appeal from Torres, although two of its more liberal members - Justice
Stephen Breyer and Justice John Paul Stevens - had misgivings.

Mexico does not have the death penalty. In 2002, Mexican President Vicente
Fox canceled a visit to President Bush's ranch in Texas to protest the
state's execution of convicted police killer Javier Suarez Medina, a Mexican
national. The Supreme Court had refused to hear his appeal.

It is the third time the United States was brought before the court over
death penalties imposed against foreign nationals.

Germany lodged a suit in 1999, seeking a ruling on the execution of two
German brothers, convicted for murder after a botched robbery. Karl LaGrand
was executed before the court could intervene. His brother, Walter, was
executed later despite the decision.

Paraguay filed suit against the United States in 1998 to stop the execution
of its citizen, Angel Francisco Breard, on Virginia's death row for murder
and attempted rape in 1992. It withdrew the case, also based on the Vienna
Convention, after Breard was executed.

AP-ES-03-31-04 2207EST
 

Maranatha,
David
www.soundanalarm.net