May 15, 2004

CREEPING TRANSNATIONALISM (via Paul Cella):

Execution of Mexican Is Halted (ADAM LIPTAK, 5/14/04)

In the first case to put in effect a sweeping ruling by an international court in the Netherlands concerning Mexicans on death row here, an Oklahoma appeals court yesterday halted the execution of one of those inmates, Osbaldo Torres. He had been scheduled to be executed on Tuesday.

Hours later, Gov. Brad Henry commuted Mr. Torres's death sentence to life without parole.

The court and the governor cited the decision six weeks ago of the International Court of Justice in The Hague and noted that Mr. Torres's right to contact Mexican officials under the Vienna Convention on Consular Relations had been violated.

The international court ruled in April that 51 Mexicans on death row in the United States must be given fresh opportunities to argue that they were harmed by such violations.

The Oklahoma Court of Criminal Appeals, the state's highest court for criminal matters, yesterday ordered just that, holding that Mr. Torres was entitled to a new hearing.


The commutation is certainly up to the governor, but for American courts to accept this ruling as binding is outrageous. Congress and the President should act quickly to either clarify or break any such treaty obligation.

Posted by Orrin Judd at May 15, 2004 7:25 PM
Comments

My understanding is that the courts ruling is not binding, and is at best anti-american grandstanding.

Posted by: Robert Schwartz at May 15, 2004 9:29 PM

Right, anti-American grandstanding from a country which has troops in Iraq.

Posted by: Dutch at May 16, 2004 1:54 AM

Come on, Dutch, the "International Court of Justice" is a country? that has troops? anywhere?

By your logic, the UN is a country, the WTO is a country. Where are their troops, and I don't mean the 'Blue Helmets' that cause so much grief world wide.

Posted by: Uncle Bill at May 16, 2004 11:12 AM

Bullets are cheap. Death row should be empty.

Posted by: J.H. at May 17, 2004 9:01 AM

Knives across the throat or plastic bags over the head ("Cambodian Lynching Bonnets") are cheaper and reusable.

Posted by: Ken at May 17, 2004 12:55 PM
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