Another Chance for Justice

By Washington Post Editorial, Tuesday, July 5, 8:07 PM
The OBAMA administration last week took the extraordinary step of asking the Supreme Court to halt the execution of Humberto Leal Jr., a Mexican national scheduled to be executed by Texas on Thursday for the 1994 murder of a 16-year-old girl.

The administration does not contend that Mr. Leal is innocent; nor is it using the case as a vehicle to argue against the death penalty. It is asking the justices for more time to hold up its end of a bargain on a treaty that has significant implications for U.S. citizens who live, work or travel abroad. It is a reasonable request that should be granted.

Mr. Leal is among 40 Mexican nationals on death row in the United States who were not advised of their right to consular access under the Vienna Convention for Consular Relations. The United States is one of about 160 countries that signed the treaty; as such, it is obligated to notify foreign nationals who are arrested in the United States of their right to speak with their embassies and allow them access if they wish. U.S. citizens have reciprocal rights if they are arrested in a country that is also a signatory.

Mexico prevailed before the International Court of Justice, the judicial branch of the United Nations, which concluded that the United States was obligated to provide additional review to determine whether denial of consular access had harmed the defendants.

Texas, where the vast majority of the Mexican nationals are imprisoned, thumbed its nose at the process; in 2008, the state executed Mexican national Jose Ernesto Medellin without providing additional review. The state appears to be on the same path with Mr. Leal. On Monday, the Texas Board of Pardons and Paroles denied Mr. Leal’s request for a reprieve.

In an extraordinary move, the Obama administration asked the Supreme Court to stay Mr. Leal’s execution until the end of the year to give Congress a chance to pass legislation meant to address the Vienna Convention violation. The bill, introduced by Sen. Patrick J. Leahy (D-Vt.), would give Mr. Leal and the other 39 Mexican nationals an opportunity to have a federal judge assess whether denial of consular access significantly hampered their ability to defend themselves in court. The bar for success is rightly high, meaning that few, if any, would obtain a new trial.

Failure to address the breach could disproportionately affect U.S. citizens. In the United States, criminal defendants — citizens and noncitizens alike — are entitled to lawyers; such is not always the case in other countries, making access to a U.S. embassy all the more critical. The matter before the Supreme Court is as much about preserving these protections as about providing a solution to Mr. Leal’s case.

Advertisements

About HSkipRob
Author, Real Estate and Business Consultant. PowerNetRealty.com, Inc.; Enles Solutions; Author: The Achilles Heel; The IRS Notice Federal Tax Lien, Inventor; Robinson Vertical Axis Wind and Water turbines. Blog Admin/Owner - BetweenTheHeadLines.net, an Online News Forum. Blog Admin/Owner - Repairing the Scales of Justice; a voluntary association of jurists

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Real Currencies

Supporting People and the Commonwealth and resisting the Money Power by defeating Usury

Iraq Currency Watch

This blog is dedicated to the Iraqi Dinar

JONATHAN TURLEY

Res ipsa loquitur ("The thing itself speaks")

ZeroGov

An online Journal by Bill Buppert devoted to the total abolition of slavery and the State.

Watts Up With That?

The world's most viewed site on global warming and climate change

WINTERY KNIGHT

...integrating Christian faith and knowledge in the public square

Adask's law

The Profit of Injustice

Radical Agenda

Common Sense Extremism

Real Science

"Science is the belief in the ignorance of the experts" - Richard Feynman

Laser Hacker Alternative Energy

Alternative projects, inventions, experiments and DIY projects

Christopher Cantwell

Radical Agenda

Bruce Krasting

My Take on Financial Events

PowerNetRealty

At Your Service

Mind Control in America BLOG

Renee Pittman Books... an in depth look into historic and ongoing development programs, and use of highly advanced psycho-physical, psychological electronic mind invasive technology, using extremely low frequency radio waves and microwaves designed for covert, mass and social population control, manipulation and influence, on individuals, groups and large populations, legalized for nonconsensual military and law enforcement testing operations post 9/11. ***************************************************************************************************************** NOTE: These blogs were expertly edited and proofread before publishing. However, as interests grows on these specific topics, the agency monitoring the author and other whistleblower efforts, logically hope to keep this information hidden from the public. As a result, these blogs are being accessed repeatedly and are strategically being tampered with. This is being done by cleverly inserting typographical, punctuation and misspelled words. This is an obvious hope to plant a negative impression that the author is illiterate and also as a hope to turn people off to the information held within. Get the picture? Our admin team continues to catch and make corrections. **************************************************************************************************************** The science nonfiction DOCUMENTARY / DOCUDRAMA THRILLER depicting the FACTUAL use of patented microwave technology designed to create the beamed "Hearing Voices Effect" entitled "MIND CONTROL: SCHIZOPHRENIC HIGH TECH FRAUD" is available on Amazon.

Memory Hole

Reflections on Media and Politics | © Memory Hole Blog / James F. Tracy 2012-2016

Exposing Faux Capitalism

to the dismay of the Federal Reserve and other faux capitalists

%d bloggers like this: