Texas Death Sentence Violating Due Process Rights? By Ambassador mo
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“If the scheduled execution of Mr. Leal García goes ahead, the United States Government will have implemented a death penalty after a trial that did not comply with due process rights. This will be tantamount to an arbitrary deprivation of life.” The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan Méndez, today called on the United States Government to cancel the scheduled execution in the State of Texas of Humberto Leal García, a Mexican national, on 7 July 2011. (From UN Human Rights Office Statement) Mr. Leal García was sentenced to death by the Texas Court of Criminal Appeals on 4 February 1998. His sentence was confirmed by the Texas Court of Appeals on 20 October 1999. “Conditions in death row during those 17 years are such that they amount to cruel, inhuman or degrading treatment according to well-established standards in international law,” Mr. Méndez said. International Court of Justice Verdict – US Breached International Convention At the time of his arrest, in 1994, Mr. Leal García was not informed of his right to seek consular assistance. His case was the subject of a hearing before the International Court of Justice which found that the United States Government had breached its obligations under article 36 of the Vienna Convention on Consular Relations.* The Court later ordered the Government not to execute Mr. Leal García pending review and reconsideration of the case**. In June 2011, in response to a United States Supreme Court decision, a bill was introduced in the United States Congress aimed at implementing the decision of the International Court of Justice. The State of Texas, nonetheless, intends to proceed with the execution. “If Texas goes ahead with the execution, it will be a breach of the international obligation of the United States,” stressed the experts. “Such an act will serve to undermine the role of the International Court of Justice.” A more fundamental question must continue to be emphasized. Is the “death penalty” consistent with the evolution of our civilization’s human rights perspective, and can the United States continue to effectively claim leadership on human rights issues as long as executions continue regardless of rational or legal process? By Ambassador Muhamed Sacirbey Facebook – Become a Fan at “Diplomatically Incorrect” Twitter – Follow us – DiplomaticallyX More Related Reports at “War Crimes Justice Channel” diplomaticallyincorrect.org/c/war-crimes-justice