Lone Star State: Perry Refuses To Stop Execution Of Mexican Citizen Despite Treaty Violation

Many people thought it was a bit odd when Governor Rick Perry indicated that he might run for President of the United States after previously suggesting that Texas may want to secede from the United States. Perry seems not only want to be the John C. Calhoun of presidential aspirants, but he has also decided to add the violation of international law and treaties as a resume booster. Over the objections of President Obama and a host of leading international figures, Perry has refused to stop the execution of of Humberto Leal Garcia — a Mexican national denied his rights under the Vienna Convention.

Texas police and prosecutors have repeatedly violated the Vienna Convention by not informing foreign citizens of their right to consult with their embassies. Leal is a convicted rapist and murderer.

Leal, 38, was killed a 16-year-old girl in San Antonio. Texas police and prosecutors never told him about the right to speak to his embassy. This violation was either a knowingly disregard of the law or an act of gross negligence. Yet, the prosecutors and police have faced no repercussions for causing this international controversy. Moreover, Perry refuses to meet his obligation to satisfy international obligations that are expressly required under a treaty.

Consular access is a vital protection for Americans traveling abroad, but Texas is about undermine that protection by refusing to address a clear violation of its own officials. Imagine the response of other countries when an American is held in places like Iran or North Korea. They are likely to invoke the Texas Rule and deny such access. Once again, the United States appears to view international obligations and law as binding on every one but ourselves. This is not an isolated case. In 2004, the United States was found to have violated the treaty in 51 cases involving Mexicans awaiting execution — many in Texas.

Source: Guardian

Jonathan Turley

58 thoughts on “Lone Star State: Perry Refuses To Stop Execution Of Mexican Citizen Despite Treaty Violation”

  1. culheath,

    Yes…Big Dick and Baby Dick…. That was funny….

  2. Mexico has announced that who ever authorized the covert op project gunrunner that they want the person/persons extradited to Mexico to sand trial. Somehow I dont see Obama and Holder heading there any time soon. Head of ATF gave closed door testimony on the forth. Check oit Jon Stewarts piece. It would be funny if it wasn’t so tragic.

  3. In Medellin v. Texas, 552 U.S. 491 (2008), the Supreme Court held that the Vienna Convention is not self-executing, and therefore does not have the force of domestic law in the absence of implementing legislation. Gov. Perry is legally free to ignore the ICJ decision, although given the present political climate, I doubt that he would have decided differently in any event.

  4. Actually, the US Supreme Court has ruled that we are not bound by this requirement right now…What Obama wants is to postpone the execution for 6 months until congress passes a law requireing such…read your details more closley..so now future possible laws govern actions now>? i think not…Also to Arthur Randolph Erb, leave now before we revoke Texas citzenship…..To Elaine you are clueless

  5. Invoking the Native American half of my ancestry, I can tell you that the U. S. seldom honors treaties. Perry is apparently a proponent of American exceptionalism. All countries must adhere to international law, except for the U. S. Any questions?

  6. “Is there any coincidence that both Texas and Florida have governor’s named Rick?”

    Damn, and all this time I thought they were both Dicks.

  7. The Rule of Law doesn’t apply to Mexicans in this country. Or any Latinos. Or brunettes, for that matter.

    Yeah, I’m bitter.

  8. Arthur,

    “I think that Mexico needs to go to the ICC and get an indictment and a warrant for Perry so that if he ever sets foot outside of the US, he will be arrested.”

    You mean Texas is still part of the US? Who knew?

  9. Gov. Perry will eventually experience the bitch we call Karma … hopefully in this lifetime

  10. Is there any coincidence that both Texas and Florida have governor’s named Rick?

  11. For no reason other then the fact that any excuse to play Norah Jones is a good excuse.

    [youtube=http://www.youtube.com/watch?v=elKwdbL3A9Q&w=640&h=390]

  12. I think that Mexico needs to go to the ICC and get an indictment and a warrant for Perry so that if he ever sets foot outside of the US, he will be arrested. That might sober Mr Goodhair up a little bit since he won’t be able to go to the Bahamas for golf as he loves to do.

    I used to be proud to say, i am a Texan, NOW I will have to hide it for my own safety.

  13. What’s a few international treaty violations between fellow politicians!

  14. Gingerbaker;
    1) It is election season.
    2) Leal is not the poster child that one wants to stand behind.
    3) As JT pointed out – “Once again, the United States appears to view international obligations and law as binding on every one but ourselves.”
    4) Obama is a politician not a statesman.

  15. “This is not an isolated case. In 2004, the United States was found to have violated the treaty in 51 cases involving Mexicans awaiting execution — many in Texas.” -Jonathan Turley

    So this isn’t an isolated incident, but rather “business as usual”…

  16. Call me surprised:

    Shake-up in probe of execution of Corsicana man
    by WFAA-TV
    wfaa.com
    Posted on October 10, 2009 at 7:58 PM
    Updated Monday, Oct 19 at 6:12 PM

    Related:
    Fire expert expected to testify at hearing in Willingham execution review
    Cameron Todd Willingham.

    A Fort Worth criminal defense attorney is joining the investigation into whether Texas executed an innocent man.
    Governor Rick Perry has appointed Lance Evans to the Texas Forensic Science Commission.
    It is part of a shake-up in the investigation into the execution of Cameron Willingham in 2004.
    The Corsicana man was convicted of killing his three young daughters in what was ruled an arson fire.
    That arson ruling has now been called into question.

    http://www.wfaa.com/news/local/64828367.html

    PERRY ACTION DELAYS ARSON PANEL’S PROBE 3 removed from group examining whether man was wrongly executed PERRY: Critic likens it to ‘Saturday night massacre’ of 1973

    INSIDE
    Lisa Falkenberg gives her take on Perry’s move. PAGE B1
    Two days before it was set to hear crucial testimony, and midway through its investigation, Gov. Rick Perry on Wednesday abruptly removed three members of a state forensic science panel looking into a deadly fire for which a man was executed.
    Perry, acting more than three weeks after the current commissioners’ terms expired, named Williamson County District Attorney John Bradley as the new head of the nine-member Texas Forensic Science Commission, replacing Sam Bassett, an Austin lawyer.
    The commission was scheduled to hold a public hearing in the Dallas area Friday to continue its investigation into a December 1991 Corsicana fire in which three children perished.
    The children’s father, Cameron Todd Willingham, condemned after the fire was labeled an arson, was executed in 2004.

    http://www.chron.com/CDA/archives/archive.mpl?id=2009_4793820

    And you expect a foreigner to have more basic rights than even its states residents…..You jest right?

  17. Great, not that I would commit a crime anywhere, but misunderstandings happen. No need to take unneccessary risks, so I won’t be traveling outside the US borders or to Texas any time soon. I’d love Perry to set foot outside of the US and be picked up for Human Rights abuses based on this. Don’t think he’d have a lot of access to a consulate office if he was.

  18. Wonder if Obama missed an opportunity here to whip out his Executive stick and beat the Texan upstart like a puling child? Would have cowed the Republican field into submission to The Stern Father archetype.

    I wonder just how far could Obama take this issue, assuming he could make a case for treaty obligations and the safety of Americans abroad, national security, etc to supercede Texas policy?

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