Rights of Foreigners on Death Row Examined by Supreme Court
Saturday, April 9, 2005 at 05:40PM
TheSpook
The Supreme Court is considering
whether Texas and other states can execute 51 Mexicans who say they
were improperly denied legal help from their consulates, a dispute
testing the effect of international law in U.S. death penalty cases.
Justices were scheduled to hear arguments Monday in the case of Jose
Medellin, who says he is entitled to a federal court hearing on whether
his rights were violated when a Texas court tried and sentenced him to
death in 1994 without giving him consular access. The case, which has
attracted worldwide attention, is seen as a test of how much weight the
Supreme Court will give in domestic death penalty cases to the
International Court of Justice, or ICJ, in The Hague, which ruled last
year that the 51 convictions violated the 1963 Vienna Convention. It
comes amid a growing divide on the Supreme Court over the role of
international opinion to support decisions interpreting the U.S.
Constitution. Last month, justices ruled 5-4 to outlaw the death
penalty for juvenile criminals, citing in part the weight of
international views against the practice. In 1969, the Senate ratified
the Vienna Convention, which requires consular access for Americans
detained abroad and foreigners arrested in the United States. The
Constitution states that U.S. treaties "shall be the supreme law of the
land," but does not make clear who interprets them. The case also pits
the authority of state courts against the Bush administration, which in
a surprise move last month ordered states to comply with the ICJ ruling
and hold new hearings. At the same time, the administration said it was
withdrawing from a section of the treaty so that the ICJ could no
longer hear U.S. disputes. [more]
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