The Death Penalty in the OSCE Area
2001, the Committee for the Elimination of Racial Discrimination noted with concern
that, according to the special rapporteur of the United Nations Commission on
Human Rights on extrajudicial, summary, or arbitrary executions, there is a disturbing
correlation between race, both of the victim and the defendant, and the imposition of
the death penalty, particularly in Alabama, Florida, Georgia, Louisiana, Mississippi,
and Texas. The Committee urged the state party to ensure, possibly by imposing a
moratorium, that the death penalty is not imposed as a result of racial bias.118
In its concluding observations on the periodic report of the United States in
2006, the Committee against Torture noted with concern the allegations that the
United States had established secret detention facilities that were not accessible to the
International Committee of the Red Cross and that detainees were allegedly deprived
of fundamental legal safeguards, including an oversight mechanism with regard to
their treatment and review procedures with respect to their detention. The Committee
considered the “no comment” policy of the state party regarding the existence of such
secret detention facilities, as well as on its intelligence activities, to be regrettable.119
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.120
On 31 March 2004, the International Court of Justice (ICJ) 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.121 The 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 28 February 2005, the US president
issued a memorandum to the US attorney general affirming that the United States
would comply with the ICJ judgement.122 The result has been a number of cases
118 Concluding observations of the Committee on the Elimination of Racial Discrimination: the United
States of America, U.N. Doc. A/56/18, 14 August 2001, para. 396.
119 Conclusions and recommendations of the Committee against Torture: United States of America,
U.N. Doc. CAT/C/USA/CO/2, 25 July 2006, para. 17.
120
Article 36 of the Vienna Convention on Consular Relations, 1963.
121 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.
122
Mexico v. United States of America, 31 March 2004.
37
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