On July 7, Texas executed Humberto Leal Garcia,
a Mexican national who was tried, convicted, and sentenced to death without ever being informed that he had the right to seek assistance from the Mexican consulate – assistance that in his case would have made the difference between life and death.
The U.S. government and Solicitor General, former diplomats, military leaders, judges and prosecutors, and organizations representing Americans abroad were among those who joined together to call for a stay of execution to allow Mr. Leal to remain alive while legislation is pending in Congress to remedy the violation of his consular rights.
Mr. Leal's attorney, former U.S. diplomats, Senator Patrick Leahy, sponsor of "The Consular Notification Compliance Act," and State Senator Rodney Ellis issued statements condemning the execution. Read Senator Ellis' statement here (DOC).
Statement from Sandra L. Babcock, attorney for Humberto Leal Garcia,
following the execution:
"Today the United States stumbled in its commitment to the rule of law. Mr. Leal, tragically, will suffer the consequences. He will be executed tonight, despite the fact that his right to consular assistance was violated. If he had had the assistance of the Mexican consulate at the time of trial, Mr. Leal would have had a meaningful opportunity to show that he was not guilty of capital murder.
"It is shameful that Mr. Leal will pay the price for our inaction. The need for Congressional action to restore our reputation and protect our citizens is more urgent than ever.
"This case was not just about one Mexican national on death row in Texas. The execution of Mr. Leal violates the United States' treaty commitments, threatens the nation's foreign policy interests, and undermines the safety of all Americans abroad. That is why the U.S. Solicitor General, former diplomats, military leaders, and Americans detained overseas were among those who joined together to call for a stay of execution.
"It is now imperative that Congress promptly act to ensure passage of legislation that will bring the U.S. into compliance with its international legal commitments and provide judicial review to the forty Mexican nationals who remain on death row in violation of their consular rights."
Sandra L. Babcock, Clinical Professor of Law at Northwestern University School of Law and attorney for Mr. Leal.
July 7, 2011
Statement of Former U.S. Diplomats
Regarding the Execution of Humberto Leal Garcia
"The United States was founded on a commitment to the rule of law, and we believe it still stands for that commitment. But today's execution of a foreign national of our critical international partner Mexico violates a binding legal obligation and threatens to undermine the strength of our credibility in the eyes of our international partners. We are disappointed that Texas has chosen not to comply with the clear international legal obligations of the United States under the U.N. Charter and unanimously confirmed by the Supreme Court.
"In light of this irrevocable breach of our nation's international legal obligations, it is now more imperative than ever that Congress and the Obama Administration move immediately to provide for our nation's full compliance in the future by enacting the Consular Notification Compliance Act.
"The ability of the United States to secure future international agreements vital to the protection of our citizens, our national security, and our commercial interests depends largely on whether this nation is perceived as honoring its international commitments. We now look to Congress and the Obama Administration to act without delay to discharge this treaty commitment on behalf of the entire United States. Prompt congressional action will ensure that the cases of other foreign nationals who did not receive the consular notification required by the Vienna Convention on Consular Rights will move towards a final and legal resolution that respects the rule of law.
"Congress and the Administration should move immediately to enact legislation ensuring compliance with our international obligations. The safety of our citizens abroad, and our nation's reputation and standing among its international treaty partners, depend on it."
Harry Barnes, Jr.
U.S. Ambassador to Chile, 1985-1988; U.S. Ambassador to India, 1981-1985; Director General of the Foreign Service 1977-1981; U.S. Ambassador to Romania, 1974-1977
John B. Bellinger, III
Partner, Arnold & Porter LLP; Legal Advisor to the Department of State, 2005-2009; Legal Advisor to the National Security Council, 2001-2005
David E. Birenbaum
Of Counsel, Fried, Frank, Harris, Shriver & Jacobson LLP; Senior Scholar, Woodrow Wilson International Center for Scholars; U.S. Ambassador to the UN for UN Management and Reform, 1994-96
James R. Jones
U.S. Ambassador to Mexico, 1993-1997; Member of U.S. Congress (D-OK), 1973-1987
Thomas R. Pickering
Undersecretary of State for Political Affairs, 1997-2000; U.S. Ambassador and Representative to the United Nations, 1989-1992
July 7, 2011
Comment Of Senator Patrick Leahy (D-Vt.),
Chairman, Senate Judiciary Committee,
On Denied Request For A Stay In The Leal Case
And On The Consular Notification Compliance Act
July 7, 2011
"I am disappointed that the Supreme Court has denied the administration's request to grant a brief stay in the Leal case in order to allow Congress time to act on the Consular Notification Compliance Act. Americans detained overseas rely on their access to U.S. consulates every day. If we expect other countries to abide by the treaties they join, the United States must also honor its obligations.
"This case is not an isolated instance; the issue of consular notification remains a serious diplomatic and legal concern. Congress has a responsibility to ensure that the United States is meeting its obligations under the Vienna Convention on Consular Relations, and I will continue to work with Members on both sides of the aisle to enact this important legislation. The safety and well-being of U.S. citizens who study, work and travel overseas depends on it."
"US in breach of international law after execution of Leal García in Texas "
– UN human rights chief
MEXICO CITY – The United Nations High Commissioner for Human Rights, Navi Pillay, deeply regrets the execution in the United States of Mexican national Humberto Leal García, after a last minute decision by the US Supreme Court denying a stay of execution. Mr. Leal García was sentenced to death for murder in Texas in February 1998.
"The execution of Mr. Leal García places the US in breach of international law," said Pillay, who is currently on official mission in Mexico. "What the State of Texas has done in this case is imputable in law to the US and engages the United States' international responsibility. I am very disappointed that neither the Texas Board of Pardons and Paroles nor the Governor took steps open to them to prevent this breach of the US obligations under international law from occurring."
In addition to the normal UN position of opposing the death penalty as a matter of policy, this case raises particular legal concerns, as Mr. Leal García was not granted consular access, which – as a foreign national – was his right under Article 36 of the Vienna Convention on Consular Relations. The lack of consular assistance raises concerns about whether or not his right to a fair trial, guaranteed in the International Covenant on Civil and Political Rights and binding on the United States, was fully upheld.
In 2004, the International Court of Justice (ICJ) issued a ruling stating that the United States must review and reconsider the cases of 51 Mexican nationals sentenced to death – including the case of Mr Leal García – as they had not received consular services. This never took place.
"Today's execution will undermine the role of the International Court of Justice, and its ramifications are likely to spread far beyond Texas," Pilay said, noting that she had sent two letters on this issue to the Governor of Texas, Rick Perry, and the Texas Board of Pardons and Paroles. "It is also the responsibility of all federal countries ensure that all individual states respect the international obligations assumed by the country as a whole."
The US Federal Government had filed a brief to the Supreme Court in support of Leal García's pending application for a stay of execution. The brief highlighted the foreign affairs implications of such an execution, which is in breach of international obligations acknowledged to be binding. The Supreme Court, by a 5-4 majority, rejected the application, noting that in the years since the ICJ judgment, Congress had failed to pass legislation providing for a remedy to such violations of the Vienna Convention. "The federal Congress must also assume its responsibilities and act to remedy the gap in US law that this case has again sadly revealed in order to prevent its recurrence in the future."
