Texas still plans to execute killer despite U.N. order

quatrotritikali · 07-17-08, 02:32 PM

Texas still plans to execute killer despite U.N. order
July 17, 2008, 9:32AM
By ALLAN TURNER and ROSANNA RUIZ

Texas will go ahead with the scheduled Aug. 5 execution of Houston rapist-killer Jose Medellin despite Wednesday's United Nations world court order for a stay, a spokesman for Gov. Rick Perry said.

The U.N.'s International Court of Justice's call for stays in the cases of Medellin and four other Mexican nationals awaiting execution in Texas came in response to a petition filed last month by the Mexican government.

The Vienna Convention on Consular Relations stipulates that, upon request, an alien offender's national consulate must be notified of his arrest.

The Mexican government reasons that "the paramount interest in human life is at stake," according to the court's order. If Medellin and the other nationals are executed without additional court reviews, "Mexico would forever be deprived of the opportunity to vindicate its rights and those of the nationals concerned."

Perry's office dismissed the argument.

"The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court," Perry spokesman Robert Black said. "It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens."

But international law expert Sarah Cleveland, a professor of human and constitutional rights at New York City's Columbia Law School, said if the U.S. fails to act on the world court order, other countries may follow suit.

"This can only come back to hurt U.S. citizens when they are detained abroad," she wrote in an e-mail. " ... When a global leader like the U.S. refuses to comply with its clear international legal obligations (and everyone agrees that this is a clear legal obligation), it undermines the willingness of other states to comply with their own obligations and it inspires them not to trust us to obey ours."

Deadly gang initiation
Medellin, 33, was condemned for the 1993 killings of Jennifer Ertman, 14, and Elizabeth Peña, 16, who stumbled into a drunken midnight gang initiation rite at T.C. Jester Park in northwest Houston.

One of Medellin's accomplices, Derrick O'Brien, was executed in July 2006. Also sentenced to die is gang leader Peter Anthony Cantu. Three other accomplices are serving prison sentences. Medellin was the only non-American involved in the murders.

Wednesday's U.N. court decision in The Hague, Netherlands, was the latest development in an ongoing legal wrangle that has involved President Bush, the U.S. Supreme Court and the Mexican government.

In 2004, the U.N. court ordered a review of the cases of 51 Mexican nationals facing execution in the United States because they had not been allowed to speak with their nation's consular officials.

In February 2005, Bush directed state courts to abide by the U.N. court decision, specifically asking Texas to review Medellin's case.

In March, the U.S. Supreme Court ruled that Bush had overstepped his authority. Chief Justice John Roberts said the president cannot order such court reviews without congressional concurrence.

The United States, they wrote, continues to be bound by the world court's decision under international law.

Girls' fathers adamant

Meanwhile, Randy Ertman, father of Jennifer Ertman, hotly denounced the world court's order for stays.

"The world court don't mean diddly," he said. "This business belongs in the state of Texas. The people of the state of Texas support the execution. We thank them. The rest of them can go to hell."

Adolfo Peña, father of Elizabeth Peña, agreed.

"I believe we've been through all the red tape we can go through," he said. "It's time to rock and roll."
================================================== ====

CHRONOLOGY

• March 31, 2004: The United Nation's International Court of Justice issued an order that U.S. courts must review the cases of 51 condemned Mexican prisoners. The court ruled the prisoners' rights to speak with Mexican consular officials after their arrests had been violated.

• Feb. 28, 2005 : President Bush directed state courts to abide by the world court's decision. He also asked Texas specifically to review the case of Jose Medellin, now scheduled to die by lethal injection Aug. 5.

• March 25, 2008 : The U.S. Supreme Court ruled that Bush could not compel Texas to review Medellin's case. Chief Justice John Roberts said the president cannot unilaterally carry out an international treaty without concurrence of the legislative branch.

• June 20: The Mexican government made an emergency appeal to the U.N.'s highest court to block the executions of its citizens on death row in the U.S.

• July 16 : The world court ordered the U.S. to halt the five pending executions of Mexican nationals on Texas' death row.

WORLD COURT

Some facts about the International Court of Justice, also known as the World Court:
• Established: 1945

• Location: The Hague, Netherlands

• Role: Judicial arm of the United Nations.

• Decisions: Binding on member countries. No appeal, the court cannot enforce judgments.

• Justices: 15 justices, each elected to nine-year terms by the U.N. General Assembly or the U.N. Security Council.

• Lawsuits: Court acts on matters brought by member states; individuals cannot bring suits.

Source: New York Times Almanac================================================== ==

Great! The World Court "orders" the United States to halt the Texas executions? Orders us? WTF? Far too late in the game to order Texas.

danarhea · 07-17-08, 04:12 PM

Quote:

Originally Posted by quatrotritikali

Texas still plans to execute killer despite U.N. order
July 17, 2008, 9:32AM
By ALLAN TURNER and ROSANNA RUIZ

Texas will go ahead with the scheduled Aug. 5 execution of Houston rapist-killer Jose Medellin despite Wednesday's United Nations world court order for a stay, a spokesman for Gov. Rick Perry said.

The U.N.'s International Court of Justice's call for stays in the cases of Medellin and four other Mexican nationals awaiting execution in Texas came in response to a petition filed last month by the Mexican government.

The Vienna Convention on Consular Relations stipulates that, upon request, an alien offender's national consulate must be notified of his arrest.

The Mexican government reasons that "the paramount interest in human life is at stake," according to the court's order. If Medellin and the other nationals are executed without additional court reviews, "Mexico would forever be deprived of the opportunity to vindicate its rights and those of the nationals concerned."

Perry's office dismissed the argument.

"The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court," Perry spokesman Robert Black said. "It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens."

But international law expert Sarah Cleveland, a professor of human and constitutional rights at New York City's Columbia Law School, said if the U.S. fails to act on the world court order, other countries may follow suit.

"This can only come back to hurt U.S. citizens when they are detained abroad," she wrote in an e-mail. " ... When a global leader like the U.S. refuses to comply with its clear international legal obligations (and everyone agrees that this is a clear legal obligation), it undermines the willingness of other states to comply with their own obligations and it inspires them not to trust us to obey ours."

Deadly gang initiation
Medellin, 33, was condemned for the 1993 killings of Jennifer Ertman, 14, and Elizabeth Peña, 16, who stumbled into a drunken midnight gang initiation rite at T.C. Jester Park in northwest Houston.

One of Medellin's accomplices, Derrick O'Brien, was executed in July 2006. Also sentenced to die is gang leader Peter Anthony Cantu. Three other accomplices are serving prison sentences. Medellin was the only non-American involved in the murders.

Wednesday's U.N. court decision in The Hague, Netherlands, was the latest development in an ongoing legal wrangle that has involved President Bush, the U.S. Supreme Court and the Mexican government.

In 2004, the U.N. court ordered a review of the cases of 51 Mexican nationals facing execution in the United States because they had not been allowed to speak with their nation's consular officials.

In February 2005, Bush directed state courts to abide by the U.N. court decision, specifically asking Texas to review Medellin's case.

In March, the U.S. Supreme Court ruled that Bush had overstepped his authority. Chief Justice John Roberts said the president cannot order such court reviews without congressional concurrence.

The United States, they wrote, continues to be bound by the world court's decision under international law.

Girls' fathers adamant

Meanwhile, Randy Ertman, father of Jennifer Ertman, hotly denounced the world court's order for stays.

"The world court don't mean diddly," he said. "This business belongs in the state of Texas. The people of the state of Texas support the execution. We thank them. The rest of them can go to hell."

Adolfo Peña, father of Elizabeth Peña, agreed.

"I believe we've been through all the red tape we can go through," he said. "It's time to rock and roll."
================================================== ====

CHRONOLOGY

• March 31, 2004: The United Nation's International Court of Justice issued an order that U.S. courts must review the cases of 51 condemned Mexican prisoners. The court ruled the prisoners' rights to speak with Mexican consular officials after their arrests had been violated.

• Feb. 28, 2005 : President Bush directed state courts to abide by the world court's decision. He also asked Texas specifically to review the case of Jose Medellin, now scheduled to die by lethal injection Aug. 5.

• March 25, 2008 : The U.S. Supreme Court ruled that Bush could not compel Texas to review Medellin's case. Chief Justice John Roberts said the president cannot unilaterally carry out an international treaty without concurrence of the legislative branch.

• June 20: The Mexican government made an emergency appeal to the U.N.'s highest court to block the executions of its citizens on death row in the U.S.

• July 16 : The world court ordered the U.S. to halt the five pending executions of Mexican nationals on Texas' death row.

WORLD COURT

Some facts about the International Court of Justice, also known as the World Court:
• Established: 1945

• Location: The Hague, Netherlands

• Role: Judicial arm of the United Nations.

• Decisions: Binding on member countries. No appeal, the court cannot enforce judgments.

• Justices: 15 justices, each elected to nine-year terms by the U.N. General Assembly or the U.N. Security Council.

• Lawsuits: Court acts on matters brought by member states; individuals cannot bring suits.

Source: New York Times Almanac================================================== ==

Great! The World Court "orders" the United States to halt the Texas executions? Orders us? WTF? Far too late in the game to order Texas.

Screw the UN. This punk raped and murdered two teenage girls.

rathi · 07-17-08, 05:15 PM

This is an exercise in stupidity. Why didn't we just let these guys speak with their consular office? It costs us nothing, and its important for American citizens to have that right when they face criminal charges abroad. On the other hand, if you murder on American citizen you face the penalty for the crime. I'd rather not waste money on the death penalty, but these men were tried in a U.S. court and should face its verdict.

Iriemon · 07-17-08, 07:26 PM

I'm on the fence. I guess the question is do we want other countries to permit US citizens accused of crimes to allow them to contact US consulates and have the UN Intl Nat'l court of justice have the ability to review. I'm sure if I was arrested in some podunk country I would.

What kind of review are they talking about and how would it take?

jamesrage · 07-18-08, 06:07 AM

Quote:

Originally Posted by quatrotritikali

Texas still plans to execute killer despite U.N. order
July 17, 2008, 9:32AM
By ALLAN TURNER and ROSANNA RUIZ

Texas will go ahead with the scheduled Aug. 5 execution of Houston rapist-killer Jose Medellin despite Wednesday's United Nations world court order for a stay, a spokesman for Gov. Rick Perry said.

The U.N.'s International Court of Justice's call for stays in the cases of Medellin and four other Mexican nationals awaiting execution in Texas came in response to a petition filed last month by the Mexican government.

The Vienna Convention on Consular Relations stipulates that, upon request, an alien offender's national consulate must be notified of his arrest.

The Mexican government reasons that "the paramount interest in human life is at stake," according to the court's order. If Medellin and the other nationals are executed without additional court reviews, "Mexico would forever be deprived of the opportunity to vindicate its rights and those of the nationals concerned."

Perry's office dismissed the argument.

"The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court," Perry spokesman Robert Black said. "It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens."

But international law expert Sarah Cleveland, a professor of human and constitutional rights at New York City's Columbia Law School, said if the U.S. fails to act on the world court order, other countries may follow suit.

"This can only come back to hurt U.S. citizens when they are detained abroad," she wrote in an e-mail. " ... When a global leader like the U.S. refuses to comply with its clear international legal obligations (and everyone agrees that this is a clear legal obligation), it undermines the willingness of other states to comply with their own obligations and it inspires them not to trust us to obey ours."

Deadly gang initiation
Medellin, 33, was condemned for the 1993 killings of Jennifer Ertman, 14, and Elizabeth Peña, 16, who stumbled into a drunken midnight gang initiation rite at T.C. Jester Park in northwest Houston.

One of Medellin's accomplices, Derrick O'Brien, was executed in July 2006. Also sentenced to die is gang leader Peter Anthony Cantu. Three other accomplices are serving prison sentences. Medellin was the only non-American involved in the murders.

Wednesday's U.N. court decision in The Hague, Netherlands, was the latest development in an ongoing legal wrangle that has involved President Bush, the U.S. Supreme Court and the Mexican government.

In 2004, the U.N. court ordered a review of the cases of 51 Mexican nationals facing execution in the United States because they had not been allowed to speak with their nation's consular officials.

In February 2005, Bush directed state courts to abide by the U.N. court decision, specifically asking Texas to review Medellin's case.

In March, the U.S. Supreme Court ruled that Bush had overstepped his authority. Chief Justice John Roberts said the president cannot order such court reviews without congressional concurrence.

The United States, they wrote, continues to be bound by the world court's decision under international law.

Girls' fathers adamant

Meanwhile, Randy Ertman, father of Jennifer Ertman, hotly denounced the world court's order for stays.

"The world court don't mean diddly," he said. "This business belongs in the state of Texas. The people of the state of Texas support the execution. We thank them. The rest of them can go to hell."

Adolfo Peña, father of Elizabeth Peña, agreed.

"I believe we've been through all the red tape we can go through," he said. "It's time to rock and roll."
================================================== ====

CHRONOLOGY

• March 31, 2004: The United Nation's International Court of Justice issued an order that U.S. courts must review the cases of 51 condemned Mexican prisoners. The court ruled the prisoners' rights to speak with Mexican consular officials after their arrests had been violated.

• Feb. 28, 2005 : President Bush directed state courts to abide by the world court's decision. He also asked Texas specifically to review the case of Jose Medellin, now scheduled to die by lethal injection Aug. 5.

• March 25, 2008 : The U.S. Supreme Court ruled that Bush could not compel Texas to review Medellin's case. Chief Justice John Roberts said the president cannot unilaterally carry out an international treaty without concurrence of the legislative branch.

• June 20: The Mexican government made an emergency appeal to the U.N.'s highest court to block the executions of its citizens on death row in the U.S.

• July 16 : The world court ordered the U.S. to halt the five pending executions of Mexican nationals on Texas' death row.

WORLD COURT

Some facts about the International Court of Justice, also known as the World Court:
• Established: 1945

• Location: The Hague, Netherlands

• Role: Judicial arm of the United Nations.

• Decisions: Binding on member countries. No appeal, the court cannot enforce judgments.

• Justices: 15 justices, each elected to nine-year terms by the U.N. General Assembly or the U.N. Security Council.

• Lawsuits: Court acts on matters brought by member states; individuals cannot bring suits.

Source: New York Times Almanac================================================== ==

Great! The World Court "orders" the United States to halt the Texas executions? Orders us? WTF? Far too late in the game to order Texas.

Anyone who calls them self an American should support what Texas is doing no foreign court should have jurisdiction on US soil.

jamesrage · 07-18-08, 06:18 AM

Quote:

Originally Posted by Iriemon

I'm on the fence. I guess the question is do we want other countries to permit US citizens accused of crimes to allow them to contact US consulates and have the UN Intl Nat'l court of justice have the ability to review. I'm sure if I was arrested in some podunk country I would.

What kind of review are they talking about and how would it take?

If the situation was revered and it was a bunch of Americans who raped and murdered some innocent people in some other country. I would support that country punishing those individual however they see fit regardless if they want to let them have access to a US consulate or not, especially if some of our citizens were over there illegally to begin with. If a country has a history of executing and jailing Americans for petty stuff then we can ban American travel to that country or require those going to that country to sign a enter at your own risk waiver.

Goobieman · 07-18-08, 11:15 AM

Quote:

Originally Posted by quatrotritikali

"The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court," Perry spokesman Robert Black said. "It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens."

Exactly correct.
TX law is not subject to the whim of the UN and the World Court.

obvious Child · 07-18-08, 09:22 PM

Since when did our law system become beholden to the UN?

Ethereal · 07-19-08, 05:24 AM

This isn't about national sovereignty, it's about protecting the interests of Americans abroad. If we expect other countries to honor this stipulation then it makes no sense for us to ignore it. These men will be executed regardless, so I see no reason not to abide by the UN's request.

Quote:

If the situation was revered and it was a bunch of Americans who raped and murdered some innocent people in some other country. I would support that country punishing those individual however they see fit regardless if they want to let them have access to a US consulate or not, especially if some of our citizens were over there illegally to begin with.

To consign Americans to the mercy of foreign justice systems, much of them which are bereft of objectivity, transparency, and competancy, is utter nonsense.

Quote:

If a country has a history of executing and jailing Americans for petty stuff then we can ban American travel to that country or require those going to that country to sign a enter at your own risk waiver.

Unless these measures were taken before the fact I do not see a corrupt government's sovereignty as a valid excuse to murder one of our citizens.

cherokee · 07-19-08, 08:35 AM

At first I wanted to say "Bring out the Electric Chair."

But if the father(s) of the girls are anything
like me I say turn them over to them.

Yes, yes I know I'll never win a Humanitarian Award.
I don't want one.