Death_Penalty_2005_nowy.qxd
2005-09-08
17:00
Page 38
THE DEATH PENALTY IN THE OSCE AREA
was mentally retarded, and that his execution would violate Missouri and US law
prohibiting such executions.124
On 21 April 2005, Bill Benefiel was executed in Indiana. He had been
diagnosed with schizotypal personality disorder and had undergone a number of
evaluations prior to his arrest for murder.125
Foreign nationals
The Vienna Convention on Consular Relations provides that state authorities
must inform foreign nationals without delay of their right to have their consulate
notified of their detention.126
On 31 March 2004, the International Court of Justice ruled that the United
States had violated its obligation to inform foreign nationals without delay of their
right to have their consulate notified of their detention in 51 of the 52 cases of
Mexican nationals brought before it by Mexico.127 The International Court of Justice
(ICJ) held that the United States should review the convictions and sentences in
each case and determine whether the failure to provide consular notification
caused actual prejudice to the defendant in the process of administration of
criminal justice.
On 13 May 2004, Governor Brad Henry of Oklahoma commuted the death
sentence of Mexican national Osvaldo Torres, whose case was one of those
before the ICJ, to life imprisonment without the possibility of parole. The governor
noted that Torres had been denied his consular rights under the Vienna
Convention.
In February 2005, President George W. Bush issued a memorandum to the
US attorney general affirming that the United States would comply with the ICJ
judgement.128 Under the president’s determination, the 51 Mexican nationals whose
cases are affected by the ICJ ruling may file petitions in state courts seeking
review and reconsideration.129
124
125
126
127
128
129
Death Penalty News, Amnesty International, June 2005.
www.internationaljusticeproject.com.
Article 36 of the Vienna Convention on Consular Relations, 1963.
Case concerning Avena and other Mexican nationals (Mexico v. United States of America),
31 March 2004. The International Court of Justice made a similar ruling in the LaGrande case
(Germany v. United States), 27 June 2001.
Mexico v. United States of America, 31 March 2004
State courts will be expected to give effect to the ICJ judgement in accordance with general
principles of comity. Consistent with the Avena judgement, the president’s decision to provide
review and reconsideration in these cases does not mean that there must be a different outcome.
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