The Death Penalty in the OSCE Area raised concerns regarding due process safeguards in this case.170 There are concerns that the death sentence handed down to Tamayo may have contravened the 1963 Vienna Convention on Consular Relations because he was not informed of the right to notify the Consulate of his country about his situation and to seek help from it.171 In 2004, the International Court of Justice (ICJ) held in the case “Avena and Other Mexican Nationals” that the United States had violated Article 36(1)(b) of the Vienna Convention. The breach of law occurred because the United States did not inform 51 Mexican nationals, including Tamayo, who were imprisoned in correction facilities in the United of their rights as guaranteed by the Vienna Convention.172 Individuals with Mental Illness or Disability According to the United States Supreme Court’s opinion in Atkins v. Virginia, executing individuals with “mental retardation” represents a violation of the Eight Amendment of the Constitution of the United States, which bans cruel and unusual punishment.173 On 11 September 2013, the Texas Court of Criminal Appeals ruled that a trial court had issued an improper decision when it ordered the forcible medication of Steven Staley, a death row inmate who was previously diagnosed with paranoid schizophrenia.174 The Court held that, under Texas law, the only decision the trial court could take after Staley was found to be incompetent for execution was to periodically consider his competency.175 On 26 September 2103, the task force to review the administration of the death penalty in Ohio recommended the imposition of a ban on capital punishment for individuals suffering from severe mental illnesses at the time of committing the 170  On 19 December 2013, the EU raised concern regarding the case and urged the Governor of Texas, Rick Perry, and Chairperson of the Texas Board of Pardons and Paroles, Rissie Owens, to grant Tamayo a reprieve, which would allow sufficient time to pass legislation on the implementation of the Avena judgment of the International Court of Justice. Letter of Joao Vale de Almeida, EU Ambassador to the United States is available at: <http://www.euintheus. org/wp-content/uploads/2013/12/1219-Letter-to-Ms-Rissie-Owens-TX-Death-Penalty-Edgar-Tamayo-Arias.pdf>. The Inter-American Commission on Human Rights stated that if Texas were to carry out the execution of Tamayo, it would seriously violate the United States’ international legal obligations. See “Texas Prepares to Execute Mexican Despite Concerns That His Arrest Violated Law”, New York Times, 21 January 2014, <http://www.nytimes.com/2014/01/22/us/ texas-prepares-to-execute-mexican-despite-concerns-that-his-arrest-violated-law.html>. 171  Tabak, Ronald J., “Chapter 20: Capital Punishment”, op. cit., note 128. 172  International Court of Justice, “Case concerning Avena and other Mexican Nationals (Mexico v. United States of America)”, Summary of the Judgement of 31 March 2004, <http://www.icj-cij.org/docket/files/128/8190.pdf>. 173  “Atkins v. Virginia”, Cornell University Law School, 20 June 2002, <http://www.law.cornell.edu/supct/html/008452.ZO.html>. 174  Tabak, Ronald J., “Chapter 20: Capital Punishment”, op. cit., note 128. 175  Ibid. 37