Posted: November 16, 2006
The Texas Court of Criminal Appeals rebuffed President Bush's order that Texas courts review the cases of Mexican foreign nationals who were sentenced to death without the benefit of their rights under the Vienna Convention on Consular Relations. Writing for the court, Judge Michael Keasler, stated: "We hold that the President has exceeded his constitutional authority by intruding into the independent powers of the judiciary." Judge Sharon Keller concurred, writing: "this unprecedented, unnnecessary, and intrusive exercise of power over the Texas court
Posted: June 29, 2006
On June 28, 2006, the U.S. Supreme Court decided two consolidated cases involving the Vienna Convention on Consular Relations. In both cases, the foreign nationals were arrested but not informed by police officers of their consular rights under the Convention to ask that their respective consulates be notified of their detention. The Court concluded that statements made by foreign nationals do not need to be suppressed, even though the defendants were not informed of their consular rights.
Posted: May 30, 2006
There are currently 120 foreign nationals from 32 countries on death rows across the U.S. These are individuals who have been condemned to death in this country but are not citizens of the U.S. In many cases, these defendants were not informed of their rights under Article 36 of the Vienna Convention on Consular Relations. This treaty was signed and ratified by the U.S., but many defendants from countries that are also parties to the Vienna Convention were not told of their right to contact the consulate of their native country.
Posted: January 04, 2006
A Virginia judge ruled that prosecutors may not seek the death penalty against a Vietnamese man accused of murdering two people because police violated the man's rights under the Vienna Convention on Consular Relations by not informing him that he could contact his country's consulate. "[T]he duty to give notice is absolute. . . .
