The State Department warned Thursday that the execution of a Mexican citizen in Texas could put Americans at risk around the world and urged Congress to pass legislation protecting foreigners.
“The United States’ compliance with our international obligations … is critical to our ability to ensure consular access and assistance for our own citizens who are arrested or detained by foreign governments, as well as to maintain cooperation from foreign governments on a broad range of law enforcement and other issues,” State Department spokeswoman Marie Harf said in a statement Thursday. “This case illustrates the critical importance of Congress passing the Consular Notification Compliance Act, which would provide an additional mechanism for the United States to meet our international obligations.”
{mosads}Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) introduced legislation in the last Congress that would give federal courts jurisdiction to review cases of death row inmates who were not afforded access to their country of origin’s consulate after their arrest. The bill failed to gain a single co-sponsor and died in committee.
Wednesday’s execution of Edgar Tamayo Arias for the murder of a Houston police officer 20 years ago has angered Mexico because he was not advised of his right under international law to receive consular assistance when he was arrested. His lawyers say he was mentally handicapped and could have been spared the death penalty had Mexican authorities been able to help him.
The United Nations International Court of Justice in 2004 case found that the U.S. failed to provide consular notification and access to Tamayo and 50 other Mexicans, as required under the Vienna Convention on Consular Relations. The court ordered the United States to provide “review and reconsideration” of the convictions and sentences to determine whether they were prejudiced — something Texas has declined to do.
Secretary of State John Kerry personally wrote to Texas Gov. Rick Perry last year to request a stay, to no avail.
“It doesn’t matter where you’re from,” Perry spokeswoman Lucy Nash told The Associated Press. “If you commit a despicable crime like this in Texas, you are subject to our state laws, including a fair trial by jury and the ultimate penalty.”
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