
DPIC Analysis: The Issue of Foreign Nationals in the Courts
The Issue of Foreign Nationals in U.S. and International Courts

DPIC Page: International
More than 70% of the world’s countries have abolished capital punishment in law or practice. The U.S. is an outlier among its close allies in its continued use of the death penalty.
Overview
Some of those on death row in the U.S. are citizens of other countries. Most nations of the world, including the U.S., are parties to a treaty (Vienna Convention on Consular Relations) governing the treatment of one nation’s citizens when they are arrested in another country that is a party to the treaty. Among other protections, the treaty requires that the arresting authorities inform all foreign detainees without delay of their right to have their consulate promptly notified of the arrest so that legal aid and other forms of assistance can be provided.
The U.S. has not always abided by the provisions of this treaty, particularly when the foreign national is being held by state authorities. The Supreme Court has permitted numerous executions to go forward despite violations of the treaty, saying that federal courts lack the power to address the issue if the lawyer appointed to represent the prisoner failed to timely raise it in the state courts. At least 34 foreign nationals have been executed in the modern era of the U.S. death penalty. Most had raised a claim that they had not been advised of their right to consular notification and that the resulting lack of consular assistance harmed their defense. Nevertheless, progress has been made in informing law enforcement authorities of their obligations under the treaty.
At Issue
International courts and tribunals—including the International Court of Justice (ICJ) and the Inter-American Commission on Human Rights—have found that the United States has violated international law in the cases of death-sentenced foreigners by failing to comply with this treaty. As a remedy, the ICJ ruled that the United States must provide effective judicial review of Vienna Convention violations in death penalty cases. However, while the U.S. is bound under international law to comply with the ICJ judgment, the U.S. Supreme Court has ruled that requiring states to comply with the treaty requires an act of Congress. The position of the U.S. in this matter has raised concerns about reciprocity: will U.S. citizens in foreign countries be able to effectively invoke their Vienna Convention protections when arrested?
What DPIC Offers
Through the work of Human Rights Research, DPIC has lists of all foreign nationals on U.S. death rows and all foreign nationals executed in the modern era. DPIC has issued a report on the international implications of its death penalty and keeps track of court decisions on this matter both in the U.S. and internationally.
News & Developments
News
Nov 07, 2018
Clemente Aguirre Exonerated From Florida’s Death Row After DNA Implicates Prosecution Witness

With newly discovered confessions and DNA evidence pointing to the prosecution’s chief witness as the actual killer, prosecutors dropped all charges against Clemente Javier Aguirre (pictured, center, at his exoneration) in a Seminole County, Florida courtroom on November 5, 2018. The dismissal of the charges made Aguirre the 164th wrongfully convicted death-row prisoner to be exonerated in the United States since 1973 and the 28th in Florida. The announcement that prosecutors were dropping all charges against Aguirre came after jury selection for his retrial had already begun. The Florida Supreme…
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Mar 23, 2022
Report: Fewer Nations Using the Death Penalty for Drug Offenses, But Executions and Secrecy Are Up in Those that Do
Fewer countries are using the death penalty for drug offenses, but according to a new global report, executions increased in those that did and took place in proceedings characterized by authoritarianism and secrecy.
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Apr 12, 2021
Capital Case Roundup — Death Penalty Court Decisions the Week of April 5, 2021
NEWS (4/8/21) — Nevada: The Nevada Supreme Court has granted capital defendant Wilber Ernesto Martinez-Guzman’s emergency motion to stay a premature deadline the trial court had set for his lawyers to file a claim that he is ineligible for the death penalty because of intellectual disability. A trial court in Reno had set an April 20 deadline for Martinez-Guzman, four months earlier than the time allotted under Nevada law, which permits a defendant to file up to ten days before the scheduled start of trial. The court’s unanimous decision did…
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Dec 07, 2020
Capital Case Roundup — Death Penalty Court Decisions the Week of November 30, 2020
NEWS (12/4/20) — Nevada: The Nevada Supreme Court has overturned the death sentence imposed on Mexican foreign national Carlos Gutierrez. In a 4 – 3 ruling, the court held that Nevada had violated the Vienna Convention on Consular Relations when police and prosecutors failed to notify Gutierrez of his rights to consular assistance by his government. The court further held, based upon extensive mitigating evidence presented with the assistance of the Mexican government in his post-conviction proceedings, that the denial of consular assistance had been prejudicial.
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Dec 04, 2020
DPIC Analysis — Intellectually Disabled Defendants of Color, Foreign Nationals Disproportionately Subject to the Death Penalty
Defendants of color and foreign nationals who are intellectually disabled are disproportionately likely to be sentenced to death, a Death Penalty Information Center analysis of cases involving intellectually disabled defendants suggests.
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Oct 02, 2020
Texas Court of Criminal Appeals Reverses Course, Takes A Second Foreign National with Intellectual Disability Off Death Row
For second time in eight days, the Texas Court of Criminal Appeals (TCCA) has reversed course after initially rejecting a death-row prisoner’s claim of intellectual disability and has resentenced the prisoner to life. The decisions, both involving foreign nationals and both supported by local prosecutors, marked the sixth and seventh time that Texas courts have vacated death sentences imposed on intellectually disabled capital defendants since the U.S. Supreme Court in 2017 struck down the unconstitutionally restrictive definition of intellectual disability the state had been using.
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Mar 12, 2020
News Brief — Federal Capital Case Dismissed Because of Prosecution’s 14-Year Delay
NEWS (3/12/20): Citing a 14-year delay by federal prosecutors in bringing the case to trial, a federal district court in Texas has dismissed a federal capital murder indictment against a Salvadoran man charged with killing two Honduran immigrants.
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Jul 01, 2019
Death-Penalty News and Developments for the Week of July 1 – 7, 2019: Pennsylvania Joins States Without an Execution in 20 Years
NEWS: July 6—Pennsylvania has joined the list of states that have not carried out an execution in more than 20 years. Five death-penalty states (Colorado, Kansas, Oregon, Pennsylvania, and Wyoming) and the U.S. military now have not conducted an execution in at least two decades. More than half of the states in the U.S. (26), as well as the District of Columbia, Puerto Rico, and the U.S. military either do not have the death penalty or have not executed anyone in at least 20 years. See States with no recent…
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May 22, 2019
Two Foreign Nationals Receive New Trials as U.S. Supreme Court Declines to Hear State Death-Penalty Appeals
Two foreign nationals who were sentenced to death in unrelated cases will receive new trials after the U.S. Supreme Court declined to hear appeals of lower court rulings overturning their convictions. Jose Echavarria (pictured, left), a Nevada prisoner originally from Cuba, and Ahmad Issa (pictured, right), an Ohio prisoner originally from Jordan, each were awarded new trials by federal appellate court decisions in 2018. The states petitioned the Supreme Court seeking review of the cases, but on May 20, 2019, the Court denied the petitions, allowing the lower court rulings…
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Dec 21, 2018
NEW PODCAST: DPIC’s 2018 Year End Report
In the latest podcast episode of Discussions with DPIC, members of the DPIC staff discuss key themes from the 2018 Year End Report. Robert Dunham, Ngozi Ndulue, and Anne Holsinger delve into the major death-penalty trends and news items of the year, including the “extended trend” of generational lows in death sentencing and executions, election results that indicate the decline will likely continue, and the possible impact of Pope Francis’s change to Catholic teaching on capital punishment. They explore the reasons for reduced death-penalty usage, highlighting the stories of people…
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Nov 13, 2018
U.N. Human Rights Officials Say Planned Texas Execution Violates International Treaties
United Nations human rights officials have urged the government of the United States to halt the imminent execution of a Mexican national who was tried and sentenced to death in Texas in violation of U.S. treaty obligations. Texas is scheduled to execute Roberto Moreno Ramos (pictured) on November 14, in an action an international human rights court has said would violate the Vienna Convention on Consular Relations. Agnes Callamard, the U.N. Human Rights Council’s Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, and Seong-Phil Hong, the Chair-Rapporteur of the Council’s…
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