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Press briefing notes Office of the High Commissioner for Human Rights
Execution of Mexican national in United States
08 August 2008
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PRESS BRIEFING NOTES
Spokesperson: Rupert Colville 8 August 2008
(1) Execution of Mexican national in United States
The Office of the High Commissioner for Human Rights has serious concerns about the decision of the authorities in Texas to proceed with the execution of Mexican national José Ernesto Medellín, despite an order to the contrary by the International Court of Justice in the Hague. Mr. Medellin was executed by lethal injection on 5 August 2008.
Mr. Medellín had been found guilty of very serious crimes. However, at the time of his arrest, he was not informed of his right to consular assistance in accordance with international treaty obligations under the 1963 Vienna Convention on Consular Relations. The International Court of Justice had ordered that the United States take all measures necessary to ensure that Mr Medellín (among others) not be executed unless and until he received a review and reconsideration of his case to determine whether the breach of the Vienna Convention prejudiced his defence.
The United States has an international legal obligation to comply with decisions of the International Court of Justice, an obligation which cannot be set aside because of domestic constitutional arrangements. OHCHR notes that the ICJ orders remain valid for another 50 Mexican nationals on death row in the United States whose situation is similar to that of Mr. Medellín.
The finality of the death penalty makes it essential that it is applied with scrupulous attention to safeguards set down in international law. One of those safeguards is that foreign nationals should have access to consular services. This is crucial for the protection of all individuals who travel abroad. It is imperative that all States take every possible action to ensure reciprocal compliance of this safeguard, not least for the sake of their own nationals.
(2) Australia issues standing invitation to Special Procedures
We warmly welcome the decision by Australia to issue a standing invitation to the Special Rapporteurs and other Special Procedures of the Human Rights Council to visit the country. Australia is the 62nd state to issue such a standing invitation. We applaud this decision.
For further information, please contact OHCHR spokespeople Rupert Colville (+ 41 22 917 9767)
Yvon Edoumou (+ 41 22 917 9383) or Praveen Randhawa (+ 41 22 917 9602)
Spokesperson: Rupert Colville 8 August 2008
(1) Execution of Mexican national in United States
The Office of the High Commissioner for Human Rights has serious concerns about the decision of the authorities in Texas to proceed with the execution of Mexican national José Ernesto Medellín, despite an order to the contrary by the International Court of Justice in the Hague. Mr. Medellin was executed by lethal injection on 5 August 2008.
Mr. Medellín had been found guilty of very serious crimes. However, at the time of his arrest, he was not informed of his right to consular assistance in accordance with international treaty obligations under the 1963 Vienna Convention on Consular Relations. The International Court of Justice had ordered that the United States take all measures necessary to ensure that Mr Medellín (among others) not be executed unless and until he received a review and reconsideration of his case to determine whether the breach of the Vienna Convention prejudiced his defence.
The United States has an international legal obligation to comply with decisions of the International Court of Justice, an obligation which cannot be set aside because of domestic constitutional arrangements. OHCHR notes that the ICJ orders remain valid for another 50 Mexican nationals on death row in the United States whose situation is similar to that of Mr. Medellín.
The finality of the death penalty makes it essential that it is applied with scrupulous attention to safeguards set down in international law. One of those safeguards is that foreign nationals should have access to consular services. This is crucial for the protection of all individuals who travel abroad. It is imperative that all States take every possible action to ensure reciprocal compliance of this safeguard, not least for the sake of their own nationals.
(2) Australia issues standing invitation to Special Procedures
We warmly welcome the decision by Australia to issue a standing invitation to the Special Rapporteurs and other Special Procedures of the Human Rights Council to visit the country. Australia is the 62nd state to issue such a standing invitation. We applaud this decision.
For further information, please contact OHCHR spokespeople Rupert Colville (+ 41 22 917 9767)
Yvon Edoumou (+ 41 22 917 9383) or Praveen Randhawa (+ 41 22 917 9602)