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. 38