News & Current Affairs

August 5, 2008

Mexican set for Texas execution

Mexican set for Texas execution

Jose Medellin

Jose Medellin, now 33, has been on death row since he was 18

A Mexican man whose case has drawn international legal attention is set to be executed in Texas for the rape and murder of a 16-year-old girl.

Barring a last-minute stay, Jose Medellin will face lethal injection at 1800 local time (2300 GMT).

The International Court of Justice had ruled that Medellin was entitled to a new hearing as he was not told of his right to contact a consular official.

Texas says its courts are not bound by the rulings of the ICJ.

United Nations Secretary General Ban Ki-moon has called on the US to abide by the ICJ ruling, AFP news agency reported.

“All decisions and orders of the International Court of Justice must be respected by states,” he is reported to have told a television station in Mexico City, where he is attending a world Aids conference.

“The United States should take every step to make sure the execution does not take place.”

Medellin’s case dates back to 1993 when two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, were raped and murdered by six gang members in Houston.

A general view of the International Court of Justice in The Hague, file pic from February 2008

Set up in 1946, the ICJ is the highest United Nations court

Medellin, who was born in Mexico but moved to the US as a child, was convicted of Miss Pena’s murder.

At the time of his arrest, police did not tell him that he could request assistance from the Mexican consulate – in violation of the 1963 Vienna Convention on Consular Relations.

In 2003, Mexico, which does not have the death penalty, filed a lawsuit at the ICJ on behalf of Medellin and 50 other Mexican nationals on death row in the US who had also not received consular support.

The court ruled in Mexico’s favour, and ordered that their cases be reviewed.

Texas acknowledged that Medellin had not been told he could ask for help from Mexican diplomats, but argued that he had forfeited the right because he never raised the issue at trial or sentencing.

State officials also argued that it would not have made any difference to the outcome of the case.

Earlier this year, President George W Bush ordered Texas to comply with the ICJ ruling, but the Supreme Court justices subsequently decided 6-3 that he had overstepped his authority.

Case is ‘clear’

Last month, in response to an urgent request from Mexico, the ICJ ordered the US to “take all measures necessary” to halt Medellin’s execution.

But Texas judicial authorities said in response that the law in Medellin’s case was “clear”.

“Texas is not bound by the World Court but by the US Supreme Court, which reviewed this matter and determined that the convicted murderer’s execution shall proceed,” a statement from the attorney general’s office said.

On Monday, the Texas Board of Pardons and Paroles rejected a request by Medellin and his legal team for a reprieve.

Medellin’s legal team are still hoping the Supreme Court will grant a stay of execution that would give Congress time to enact new legislation compelling US states to abide by ICJ decisions.

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