Obama tries to stop execution in Texas of Mexican killer

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**Frazzled**

http://www.guardian.co.uk/world/2011/jul/05/obama-stop-texas-mexican-execution

Obama tries to stop execution in Texas of Mexican killer US president warns Texan authorities that execution would put America in breach of international legal obligations
President Barack Obama is attempting to block the execution in Texas on Thursday of a Mexican man because it would breach an international convention and do "irreparable harm" to US interests.

The White House has asked the US supreme court to put the execution of Humberto Leal Garcia on hold while Congress passes a law that would prevent the convicted rapist and murderer from being put to death along with dozens of other foreign nationals who were denied proper access to diplomatic representation before trials for capital crimes.

The administration moved after the governor of Texas, Rick Perry, brushed aside appeals from diplomats, top judges, senior military officers, the United Nations and former president George W Bush to stay Leal's execution because it could jeopardise American citizens arrested abroad as well as US diplomatic interests.

Leal, 38, was convicted in 1994 of the rape and murder of a 16-year-old girl in San Antonio. Few question that he was responsible for the killing but the Texas authorities failed to tell Leal, who was born in Mexico and has lived in the US since the age of two, that under the Vienna convention he was entitled to contact the Mexican consulate when he was arrested.

Leal's lawyers argue that the lack of consular access played a role in the death penalty being applied because the Mexican national incriminated himself in statements made during "non-custodial interviews" with the police on the day of the murder. Had Leal had access to the Mexican consulate it would have been likely to have arranged a lawyer who would have advised the accused man to limit his statements to the police. As it was, the Mexican authorities were never informed of his arrest.

In a 30-page brief to the supreme court, the administration said that the carrying out of the execution "would place the United States in irreparable breach of its international law obligation" under the convention.

The White House said it was in the US's interests to meet its treaty obligations.

"These interests include protecting Americans abroad, fostering co-operation with foreign nations, and demonstrating respect for the international rule of law," it said.

Carrying out Leal's execution would cause "irreparable harm" to US interests abroad, the administration added.

"That breach would have serious repercussions for United States foreign relations, law-enforcement and other co-operation with Mexico, and the ability of American citizens travelling abroad to have the benefits of consular assistance in the event of detention," it said.

The legal situation has been complicated by earlier court rulings.

In 2004, the international court of justice (ICJ) ruled that the US authorities had failed to meet its legal obligations to 51 Mexicans awaiting execution in American prisons when they were not informed of their right to contact their consulates.

The then president, George W Bush, a former Texas governor who backs the death penalty, said the US would adhere to the ICJ ruling which, in effect, meant the death sentences would be reviewed or commuted. But in 2008 the supreme court ruled that while the US government was obliged to comply with the ICJ ruling it did not have the power to force individual American states to do so. Only Congress could require adherence by passing a law.

The Obama administration has told the supreme court that a bill has recently been introduced in to the Senate to do just that but it is unlikely to win the approval of both houses of Congress before next year. The White House wants Leal's execution put on hold until the law is passed but two courts have already ruled that pending legislation has no effect on the legal process.

The UN high commissioner for human rights, Navi Pillay, has appealed to Perry to commute Leal's sentence to life imprisonment.

Christof Heyns, the UN special rapporteur on extrajudicial, summary or arbitrary executions said that if Leal was put to death it would be "tantamount to an arbitrary deprivation of life".

Perry's office has said Texas laws had been abided by and that Leal would be executed for "the most heinous of crimes".

**htj**

No comment, Fraz?

**metallifan**

...I think he's confused himself...

On one side, Fraz probably sees the sense in the government maintaining a good image with a major trade partner, not to mention upholding int'l law.

On the other hand, he's probably thinking 'THIS... IS... TEXAAAAS!'

I do believe our good Fraz may have blown his own mind

**Frazzled**

htj wrote:No comment, Fraz?

Not needed.

**htj**

metallifan wrote:...I think he's confused himself...

On one side, Fraz probably sees the sense in the government maintaining a good image with a major trade partner, not to mention upholding int'l law.

On the other hand, he's probably thinking 'THIS... IS... TEXAAAAS!'

I do believe our good Fraz may have blown his own mind

This is what I was afraid of.

**Frazzled**

metallifan wrote:...I think he's confused himself...

On one side, Fraz probably sees the sense in the government maintaining a good image with a major trade partner, not to mention upholding int'l law.

On the other hand, he's probably thinking 'THIS... IS... TEXAAAAS!'

I do believe our good Fraz may have blown his own mind

Not quite (about the confused part, not the blown his mind part

)
We've had this discussion before. IIRC the criminal is pushing up daisies now. There's a general lack of sympathy when you come here illegally and then claim you're a foreign citizen.

State's rights uber alles, especially in the selective enforcement by the DOJ, whilst leaving the border more open than a bar during spring break. How's that Project gunrunner operation investigation going Holder? Find out it traces back to, well Holder, yet?

Perry needs to debate him on the issue. It will be a good taste of the Presidential debate, shortly before another Texan wins the Whitehouse...

**remilia_scarlet**

God, things like this disgust me. What's next, get convicted of murder, spend a night in jail?

**lord commissar klimino**

remilia_scarlet wrote:God, things like this disgust me. What's next, get convicted of murder, spend a night in jail?

if you could get off that easy id have a trail of bodies behind m-err,yeah,that would be bad,so bad.it disgusts me.

**metallifan**

Frazzled wrote:
Not quite (about the confused part, not the blown his mind part )

Perry needs to debate him on the issue. It will be a good taste of the Presidential debate, shortly before another Texan wins the Whitehouse...

Yes, silly me for assuming that you were still sane after all these centuries stalking the greatest off-topic forums throughout history

**Frazzled**

metallifan wrote:
Frazzled wrote:
Not quite (about the confused part, not the blown his mind part )

Perry needs to debate him on the issue. It will be a good taste of the Presidential debate, shortly before another Texan wins the Whitehouse...

Yes, silly me for assuming that you were still sane after all these centuries stalking the greatest off-topic forums throughout history

You as a Canadian, above all others should understand the effect of being 1,300 miles from Tim Horton's.

**metallifan**

Frazzled wrote:
metallifan wrote:
Frazzled wrote:
Not quite (about the confused part, not the blown his mind part )

Perry needs to debate him on the issue. It will be a good taste of the Presidential debate, shortly before another Texan wins the Whitehouse...

Yes, silly me for assuming that you were still sane after all these centuries stalking the greatest off-topic forums throughout history

You as a Canadian, above all others should understand the effect of being 1,300 miles from Tim Horton's.

1,300 miles?

Fraz, I'm less than 500 meters from one, and I'm feeling the effects of withdrawal.

**biccat**

I seem to recall this happening before.

Anyone remember Jose Medellin?

**mattyrm**

God damn hippies, rapist and murderer!?

SLAY THEM ALL!

**biccat**

mattyrm wrote:God damn hippies, rapist and murderer!?

SLAY THEM ALL!

Rapists, murderers, or hippies?

**remilia_scarlet**

biccat wrote:
mattyrm wrote:God damn hippies, rapist and murderer!?

SLAY THEM ALL!

Rapists, murderers, or hippies?

Do we have to pick?

**Frazzled**

biccat wrote:I seem to recall this happening before.

Anyone remember Jose Medellin?

Yep.

**lord commissar klimino**

remilia_scarlet wrote:
biccat wrote:
mattyrm wrote:God damn hippies, rapist and murderer!?

SLAY THEM ALL!

Rapists, murderers, or hippies?

Do we have to pick?

yeah cant we kill them all. all of them break the laws,so all should die!

**Frazzled**

In their defense I've known a few hippies. They don't actually break the law most of the time. They don't actually do much of anything most of the time.

**lord commissar klimino**

Frazzled wrote:In their defense I've known a few hippies. They don't actually break the law most of the time. They don't actually do much of anything most of the time.

freeloaders! lazy! high! tree huggers!

**alarmingrick**

lord commissar klimino wrote:
Frazzled wrote:In their defense I've known a few hippies. They don't actually break the law most of the time. They don't actually do much of anything most of the time.

freeloaders! lazy! high! tree huggers!

Other than the splinters, what's wrong with hugging a tree high?

**Frazzled**

alarmingrick wrote:
lord commissar klimino wrote:
Frazzled wrote:In their defense I've known a few hippies. They don't actually break the law most of the time. They don't actually do much of anything most of the time.

freeloaders! lazy! high! tree huggers!

Other than the splinters, what's wrong with hugging a tree high?

Trees often have ants. This could get painful very quickly.

**lord commissar klimino**

alarmingrick wrote:
lord commissar klimino wrote:
Frazzled wrote:In their defense I've known a few hippies. They don't actually break the law most of the time. They don't actually do much of anything most of the time.

freeloaders! lazy! high! tree huggers!

Other than the splinters, what's wrong with hugging a tree high?

ummm,your hugging a tree! im all for we need them,but thats going to far. as for being high,thats its own problem.go get therapy or something! at least most of the time its not as bad as smoking.

**warpcrafter**

Bah! It's just good ol' Barry Soetoro going for another completely unearned Nobel prize. That's the sort of hobbies our dear leaders have, didn't you know?

**daedalus**

President Barack Obama is attempting to block the execution in Texas on Thursday of a Mexican man because it would breach an international convention and do "irreparable harm" to US interests.

Huh.

**juraigamer**

From what I read this is about following international regulations and specific treat(ies)

No doubt fox news with twist this into horrible, horrible crap.

Give the damn fool back to mexico, problem solved.

**Quintinus**

remilia_scarlet wrote:God, things like this disgust me. What's next, get convicted of murder, spend a night in jail?

Too late. Casey Anthony.

**biccat**

juraigamer wrote:No doubt fox news with twist this into horrible, horrible crap.

I'll admit, I lolled.

Look at that horrible, horrible crap that Fox News twisted the story into:
"A top United Nations official is urging the governor of Texas to call off the execution of a Mexican national convicted of murder"

It's like they're not even a real news source!

**SilverMK2**

Whilst I agree that people should get the legal aid that is due to them, if they are convicted anyway even with the "standard" level of legal aid that any other person would get there should not be an issue, other than perhaps tightening the system up to try and ensure it does not happen again.

It is the same as someone who gets demolished in court after being caught red handed but gets off on some procedural technicality - being guilty is still being guilty.

**Frazzled**

juraigamer wrote:From what I read this is about following international regulations and specific treat(ies)

No doubt fox news with twist this into horrible, horrible crap.

Give the damn fool back to mexico, problem solved.

Horse gak. He's an illegal alien who came here and murdered people. He received his due trial and defense.

him.

**Goddard**

It's not like they're going to release him back out into society. That man is gakked in the long term or the short term. But international-politics are a delicate matter, especially with our strained relationship with Mexico.