U.S. Breaks International Law By Executing Mexican National

[Drolefille]

Originally Posted by SWTXBelle

Amanda Knox identified herself as an American. Hence she was offered consular access.

Garcia did NOT identify as a Mexican citizen, and we all know that it would be horribly racist to assume he was Mexican because of the way he looked. Laws which would require police to confirm citizenship are regularly denounced as racist, so there you go. Since he identified himself as an American citizen, he was not offered consular access.

He's been on Death Row since 1995, they knew he was a Mexican national for more than the past month or so. As moe.ron said, it would have been simple to go through the motions for the purposes of adhering to treaties that we would like other countries to follow with our citizens.
Source

...The International Court of Justice in 2004 found that he, along with 50 other inmates, hadn't been treated according to the Vienna Convention of Treaties because officials arresting them hadn't informed them of their right to contact their consulates.

The Obama administration filed a brief with the Supreme Court saying that honoring the Vienna Convention by staying the execution would serve U.S. interests as well as Leal's. "These interests include protecting Americans abroad, fostering cooperation with foreign nations, and demonstrating respect for the international rule of law," it wrote. But the question of just how much more danger American nationals traveling abroad might actually find them in today, as opposed to yesterday, remains open. As Lane points out, "Mr. Leal was not a tourist or the type of foreign national the consular treaty was arguably designed to protect. It remains to be seen whether foreign nations will accept this nicety."

Also, the article points out that it negatively affects our relationship with Mexico, something we do need/want, and is a bit of a stunt for the governor in case he decides to throw his had in the ring for 2012. Because we can't look ~soft~ on crime as a conservative.
/or we could stop executing people...

[SWTXBelle]

Don't mistake me - I think Perry was once again an ass to not grant the 30 day reprieve to review whether or not consul access would have made a difference in the trial. At this point, what's 30 days? I do have every confidence that any review would end up confirming the verdict.

Given that Garcia himself admitted to the crime, I'm not shedding big salty tears over someone who tried to play the system and ended up shooting himself in the foot.

eta - I have tried in vain to establish exactly when Garcia revealed his nationality. It was not during the trial; the closest I can come is the fact he appealed on the basis of his not being given consular access in 1998.

[starang21]

Originally Posted by Drolefille

He's been on Death Row since 1995, they knew he was a Mexican national for more than the past month or so. As moe.ron said, it would have been simple to go through the motions for the purposes of adhering to treaties that we would like other countries to follow with our citizens.
Source




Also, the article points out that it negatively affects our relationship with Mexico, something we do need/want, and is a bit of a stunt for the governor in case he decides to throw his had in the ring for 2012. Because we can't look ~soft~ on crime as a conservative.
/or we could stop executing people...

in 2008, the SCOTUS ruled that that article required an act of congress or that it is self-executing. which it was neither, so it really didn't apply.

http://en.wikipedia.org/wiki/Medell%C3%ADn_v._Texas

since 2008, no act of congress has happened, either.

[PiKA2001]

Originally Posted by BluPhire

Depends on the type of comparison you are making.

Originally Posted by moe.ron

What matters is that Texas didn't give the Mexican access to consular service from his Consulate. Amanda Knox received it, even the hikers in Iran received consular service. If an American was arrested in Mexico, he would received Consular service. The outcome of the trial is not in question, but access to consular service is.

This type of comparison. All foreigners arrested in the U.S. are allowed access to consular services from their consulate. No one is accusing the U.S. of denying foreigners that right at the time of their arrest. This entire boondoggle only happened because this guy lied about his nationality to authorities at the time of his arrest, trial, conviction, etc. Knox and the hikers freely admitted their country of citizenship at the time of their arrest or detention, this guy didn't.

[Drolefille]

Originally Posted by PiKA2001

This type of comparison. All foreigners arrested in the U.S. are allowed access to consular services from their consulate. No one is accusing the U.S. of denying foreigners that right at the time of their arrest. This entire boondoggle only happened because this guy lied about his nationality to authorities at the time of his arrest, trial, conviction, etc. Knox and the hikers freely admitted their country of citizenship at the time of their arrest or detention, this guy didn't.

However, despite that perfect logic, there remains a risk that countries would use incidences like this as an excuse to NOT permit consular access to US citizens. Though some countries would use any excuse to decry the US, it's not really necessary nor ideal to pitch softballs, we could at least put in the effort.

[PiKA2001]

SWTXBelle- This guy was already sitting on death row when he came forward that he was a MX national and started crying that he never received access to the MX consulate. The Consulate really couldn't do anything for this guy anyway post conviction other than make funeral/body transfer arrangements (if his wish was to be buried in MX). What Leal-Garcia and his lawyers were really aiming for was clemency from the governor based on the fact that he wasn't allowed access to the consulate during his initial trial. From what I've gathered they wanted a new trial or a commuted sentence.

I also think any comparisons to Knox or the Iranian hiking group are totally off base as well.

[BluPhire]

Originally Posted by PiKA2001

I also think any comparisons to Knox or the Iranian hiking group are totally off base as well.

Depends on the type of comparison you are making.