Texas and Supreme Court Ignore International Law and Execute Mexican National
Saturday, July 09, 2011
Humberto Leal Garcia
Humberto Leal Garcia, a Mexican national convicted in Texas of murdering a teenage girl, was executed on Thursday after the U.S. Supreme Court denied a last-ditch legal effort to postpone his death.
Leal’s case drew considerable attention from Democrats and Republicans in national circles because the citizen of Mexico was denied the right under international law to receive assistance from his government during his murder trial. The Obama administration sought to prevent Leal’s death by lethal injection, arguing to carry out the sentence would put the U.S. in violation of an international treaty that also protects Americans overseas from being tried without help from the U.S. government.
Solicitor General Donald Verrilli Jr. told the Supreme Court that Leal’s execution could do “irreparable harm” to U.S. foreign policy interests. Verrilli asked the court to stay the sentence until Congress could vote on legislation forcing state courts to review cases like Leal’s and those of other Mexican nationals convicted under similar circumstances.
In a 5-4 decision, the high court rejected the administration’s petition, which was supported by officials who served under President George W. Bush. “Our task is to rule on what the law is, not what it might eventually be,” read the unsigned majority ruling.
No action has been taken on the legislation, introduced in June by Sen. Patrick Leahy.
Following the death of Leal, Secretary of State Hillary Clinton criticized the Texas government for proceeding with the execution. A number of retired military officers, diplomats and prominent Republicans, including Laurence Wilkerson, a retired U.S. Army colonel and former chief of staff to Gen. Colin Powell, also backed the appeal.
A spokesperson for Republican Governor Rick Perry, who has White House aspirations, defended the decision, saying anyone convicted of committing the most heinous crimes in Texas can expect the ultimate penalty.
Leal was the seventh inmate put to death this year in Texas.
-Noel Brinkerhoff
Texas Governor Defends Mexican's Execution (By Michael Graczyk, Associated Press)
Humberto Leal Garcia Executed in Texas after Obama Administration Argued for Stay (by John Rudolf, Huffington Post)
Humberto Leal Garcia Executed in Texas after Obama Administration Argued for Stay (by John Rudolf, Huffington Post)
Texas Defies Presidential Authority in Planned Execution of Mexican Citizen (by Noel Brinkerhoff, AllGov)
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