U.S. broke international law by executing Mexican national, says U.N.

**Curt James** · 07-09-2011, 10:31 AM

U.S. broke international law by executing Mexican national, says U.N.

By the CNN Wire Staff
July 8, 2011 4:13 p.m. EDT

STORY HIGHLIGHTS

Humberto Leal Garcia Jr., 38, was convicted of raping and killing a 16-year-old girl.
The U.N. High Commissioner for Human Rights says U.S. breached international law
Leal, a Mexican national, was not granted consular access
The U.S. Supreme Court denied a stay of execution
Leal was not informed of his right to contact the Mexican consulate upon his arrest

(CNN) -- The United States breached international law by executing a Mexican national without having granted him consular access, the U.N. High Commissioner for Human Rights said Friday.

Navi Pillay, in a statement, said she deeply regrets the execution of Humberto Leal Garcia, after a 5-4 decision by the U.S. Supreme Court denied him a stay of execution Thursday night.

"The execution of Mr. Leal Garcia places the U.S. in breach of international law," said Pillay, who is on an official mission in Mexico. "What the state of Texas has done in this case is imputable in law to the U.S. and engages the United States' international responsibility."

Pillay said Leal was not granted consular access, which -- as a foreign national -- was his right under Article 36 of the Vienna Convention on Consular Relations.

The denial of access raises concerns about whether Leal got a fair trial, Pillay said.

Leal, who was convicted for the 1994 rape and murder of a 16-year-old girl, was executed Thursday evening by lethal injection in Texas.

Federal officials, including the Obama administration, had tried to persuade Texas Gov. Rick Perry to delay the execution. "The secretary herself is quite disappointed in the outcome in this case," said State Department spokeswoman Victoria Neuland about Secretary of State Hillary Clinton.

"The U.S. government sought a stay of Leal's execution in order to give the Congress time to act on the Consular Notification Compliance Act, which would have provided Leal the judicial review required by international law."

Neuland said the case underscores the importance of the act's passage. "If we don't protect the rights of non-Americans in the United States, we seriously risk reciprocal lack of access to our own citizens overseas," she said.

"I am sorry for everything I have done," Leal said at the Huntsville facility before he was executed. "I have hurt a lot of people. Let this be final and be done. I take the full blame for this."

Leal then shouted "Viva Mexico," followed by "I'm ready warden, let's get the show on the road."

Mexico condemned the execution, saying it violated an International Court of Justice ruling ordering the United States to review capital convictions of Mexican nationals.

The U.S. Supreme Court earlier denied a stay of execution by 5-4, despite pleas from the Obama administration and the Mexican government to delay the execution.

In an unsigned opinion by the majority, the court refused to delay the execution until Congress could pass pending legislation giving federal courts the authority to hear similar claims from foreign inmates.

"We decline to follow the United States' suggestion of granting a stay to allow Leal to bring a claim based on hypothetical legislation when it cannot even bring itself to say that his attempt to overturn his conviction has any prospect of success," said the majority.

In their dissent, the four justices, led by Stephen Breyer, urged that Leal's execution be delayed. "It is difficult to see how the state's interest in the immediate execution of an individual convicted of capital murder 16 years ago can outweigh the considerations that support additional delay, perhaps only until the end of the summer," said Breyer, who was supported by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan.

Sandra Babcock, lead appellate attorney, said, "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," Babcock said in a statement. "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."

The state's Board of Pardons and Parole ruled that Leal did not deserve to have his death sentence commuted to life in prison without parole.

The victim's mother, Rachel Terry, had called for the execution to go ahead as planned.

"A technicality doesn't give anyone a right to come to this country and rape, torture and murder anyone, in this case my daughter," she told CNN affiliate KSAT in San Antonio. "It's been difficult for myself and her family members," she added. "She certainly was taken away from us at a very young age. We just want closure."

Leal's lawyers argued the consulate access violation was more than a technicality. Babcock told CNN that Mexican officials would have ensured Leal would have had the most competent trial defense possible had they been able to speak with him immediately after he was arrested.

"I think in most of these cases it was not a deliberate thing," Babcock said. "Local police lack training" on the Vienna Convention, she added, referring to the international agreement that mandates consular access.

Leal's backers say he had learning disabilities and brain damage and had been sexually abused by his parish priest. They say those factors should have been considered at his sentencing.

The Mexican government had filed a supporting appeal with the high court in Washington, asking the justices to block Leal's execution.

And on Friday, the Obama administration asked Texas to delay the execution.

"This case implicates United States foreign policy interests of the highest order," including protecting U.S. citizens abroad and promoting good relations with other countries, Solicitor General Donald Verrilli Jr. said.

Congress has also weighed in. Sen. Patrick Leahy, D-Vermont, chairman of the Judiciary Committee, introduced a bill in June to grant federal courts the power to review such appeals.

"This case is not an isolated instance; the issue of consular notification remains a serious diplomatic and legal concern," Leahy said Thursday.
In Texas, Perry's office countered that a federal appeals court had already given Leal the judicial scrutiny the Obama administration and the United Nations were seeking.

"If you commit the most heinous of crimes in Texas, you can expect to face the ultimate penalty under our laws," Katherine Cesinger, spokeswoman for the governor, told CNN. "Congress has had the opportunity to consider and pass legislation for the federal courts' review of such cases since 2008, and has not done so each time a bill was filed."

Ted Cruz, the state's former solicitor general who argued the 2008 Supreme Court case for Texas, said Leal waited too long to raise these issues.

"The question is not should a foreign national have the right to contact their consulate," Cruz told CNN. "The question is, years later, after they have been tried, after they have been convicted, after it has been clear like Humberto Leal that they are a vicious child rapist and murderer, should you come in and set aside that conviction. You can't come back years later and try and set aside your trial with some additional claim you wish you had raised."

Cruz is running for the U.S. Senate as a Republican candidate.

From U.S. broke international law by executing Mexican national, says U.N. - CNN.com

**M4A3** · 07-09-2011, 10:33 AM

[Insert guy playing world's smallest violin here]

Rot in hell you piece of shit.

**Chubby** · 07-09-2011, 10:44 AM

Emotionally charged decision by the UC's court?

**DOMS** · 07-09-2011, 10:56 AM

The UN is a mostly useless piece of shit organization. Who gives a flying fuck what they think?

The guy went to someone else's country, raped, and then killed a 16 year old girl. He almost got the death he deserved. It should have been much slower.

**GearsMcGilf** · 07-09-2011, 02:28 PM

Good riddance.

**Curt James** · 07-09-2011, 02:57 PM

Isn't Perry running for president?

(Googles)

Texas governor Rick Perry weighs presidential run | Reuters

This will look good on his résumé.

Originally Posted by Curt James

(snip) Humberto Leal Garcia Jr., 38, was convicted of raping and killing a 16-year-old girl. (snip)

Federal officials, including the Obama administration, had tried to persuade Texas Gov. Rick Perry to delay the execution. (snip)

Neuland said the case underscores the importance of the act's passage. "If we don't protect the rights of non-Americans in the United States, we seriously risk reciprocal lack of access to our own citizens overseas," she said.

"I am sorry for everything I have done," Leal said at the Huntsville facility before he was executed. "I have hurt a lot of people. Let this be final and be done. I take the full blame for this." (snip)

convicted of capital murder 16 years ago can outweigh the considerations that support additional delay, perhaps only until the end of the summer," (snip)
and undermines the safety of all Americans abroad."
(snip)
Leal's backers say he had learning disabilities and brain damage and had been sexually abused by his parish priest. They say those factors should have been considered at his sentencing.
(snip)
"If you commit the most heinous of crimes in Texas, you can expect to face the ultimate penalty under our laws," Katherine Cesinger, spokeswoman for the governor, told CNN.(snip)

They could have waited. They already waited 16 years. The fact that they didn't jump through all the legal hoops will definitely give other countries the... impetus to whack American citizens who meet the same or nearly the same criteria.

Leal said he accepted blame, but the guy had brain damage? So did he do it or was he just saying what they told him to say?

The crappy thing here is that a governor running for president finally did the right thing, but only to help his candidacy, imo.

Otoh, from another message board, I found this text:

"His victim was 16 year-old Adria Sauceda.

She was kidnapped, tortured, raped, and beaten to death in the desert, her skull crushed with repeated blows from a 40 pound slab of asphalt, her body violated by a fifteen inch broken stick."

From Should execution go through for rapist/killer of 16 year-old girl - Websleuths Crime Sleuthing Community

Screw that guy.

RIP Adria.

**DOMS** · 07-09-2011, 03:01 PM

Originally Posted by Curt James

They could have waited. They already waited 16 years.

Sure. Why not? He'd already spent as much time in jail as they girl had to live and he couldn't prove his innocence in that amount time. Why not let the injustice continue? Why not let the mockery of justice plod on?

**LAM** · 07-09-2011, 03:10 PM

Originally Posted by Curt James

Isn't Perry running for president?

Texas will and has always done it's own thing, so this should be no surprise to anyone.

Wanting to take the life of a murderer and especially that of children is the human reaction to the crime. empirical data shows that the death penalty has the exact opposite effect, states that still use it have much higher homicide rates than those that do not.

they should be made to suffer for as long as possible, there is no suffering after death.

**bio-chem** · 07-09-2011, 04:11 PM

no big loss to international relations. everything will be the same as it was

**Zaphod** · 07-09-2011, 04:26 PM

Maybe the guy shouldn't have come here to rape and kill a girl. But I'm sure Mexico will somehow decide that one dead moron means they need to kill a bunch of US citizens who had nothing to do with it. Such is a mentality of the rest of the world.

**danzik17** · 07-09-2011, 04:58 PM

Originally Posted by LAM

Texas will and has always done it's own thing, so this should be no surprise to anyone.

Wanting to take the life of a murderer and especially that of children is the human reaction to the crime. empirical data shows that the death penalty has the exact opposite effect, states that still use it have much higher homicide rates than those that do not.

they should be made to suffer for as long as possible, there is no suffering after death.

Suffering costs money. A bullet costs a quarter.

**Curt James** · 07-09-2011, 05:05 PM

Originally Posted by DOMS

Sure. Why not? He'd already spent as much time in jail as they girl had to live and he couldn't prove his innocence in that amount time. Why not let the injustice continue? Why not let the mockery of justice plod on?

I love sarcasm.

Originally Posted by danzik17

Suffering costs money. A bullet costs a quarter.

Yeah, and those first few murderers would be suffering plenty if their lawyers told them, "Appeals? Oh, no, there aren't any appeals. That whole process was done away with about five minutes before you killed Susie. That's right. You're to be executed tomorrow morning. Sweet dreams, champ."

It would be time-lapse suffering.

**Little Wing** · 07-09-2011, 05:14 PM

too fucking bad. fuck Mexico this is the USA. keep your murderers there or we will kill them, seems fair to me. maybe Mexico should reimburse us for the care of all their citizens in our prisons, not to mention on welfare here, then they will want us to kill them faster probably.

**Little Wing** · 07-09-2011, 05:43 PM

Originally Posted by LAM

Texas will and has always done it's own thing, so this should be no surprise to anyone.

Wanting to take the life of a murderer and especially that of children is the human reaction to the crime. empirical data shows that the death penalty has the exact opposite effect, states that still use it have much higher homicide rates than those that do not.

they should be made to suffer for as long as possible, there is no suffering after death.

what came first the chicken or the egg?

there are three kinds of lies; lies, damned lies, and statistics.

unless you believe in hell.
if men really suffered so horribly in prison they wouldn't keep going back, once would be enough and it's obviously not.

**DOMS** · 07-09-2011, 05:52 PM

Originally Posted by Little Wing

what came first the chicken or the egg?

there are three kinds of lies; lies, damned lies, and statistics.

unless you believe in hell.
if men really suffered so horribly in prison they wouldn't keep going back, once would be enough and it's obviously not.

Not to mention that the death penalty, if done correctly, is far cheaper than the cost of housing murders for decades.

Also, if you're interested in real statistics, the death penalty results in 0% repeat offenders.

**AdmiralRichard** · 07-09-2011, 06:06 PM

I hate mexican..but they don't smell as bad as arabs...

**GeorgeForemanRules** · 07-09-2011, 06:49 PM

America breaks all laws every day.

Now I hate Mexican men and unattractive Mexican women more than most of you, but I have no problem with a prime (15-17 year old) , disease and child free Mexican hot woman jumping the boarder to live in America.

**MDR** · 07-09-2011, 07:02 PM

Originally Posted by DOMS

Not to mention that the death penalty, if done correctly, is far cheaper than the cost of housing murders for decades.

Also, if you're interested in real statistics, the death penalty results in 0% repeat offenders.

Unfortunately, the death penalty usually ends up costing more than lifetime imprisonment. The issue of Consular consultation should have been dealt with years ago. Defending the rights of American citizens overseas who are arrested is the main issue here. I don't think you are going to find anyone who will suggest that the man responsible wasn't guilty, or wasn't deserving of punishment.

**LAM** · 07-09-2011, 07:02 PM

Originally Posted by Little Wing

what came first the chicken or the egg?

there are three kinds of lies; lies, damned lies, and statistics.

unless you believe in hell.
if men really suffered so horribly in prison they wouldn't keep going back, once would be enough and it's obviously not.

the death penalty has been in use for hundreds of years and the only OECD countries that still use it are the US and Japan, that tells you something right of the bat. there are fare more liberal governments than the US with substantially less violent crime rates. I'm sure the warring ways of the US along with income inequality are other leading factors.

**GearsMcGilf** · 07-09-2011, 07:22 PM

While there is no evidence that the death penalty has a deterrent affect on violent criminals, it would make sense that a country with a higher violent crime rate would be more likely to use the death penalty.

This guy had lived in the US since age two. He was far more American than Mexican, aside from legal citizenship. He had 16 years to contact the Mexican Consulate, but it wasn't an issue until his appeals had failed and he was about to take the long walk. It wouldn't have changed the outcome anyway, since he's already been convicted of the murder. His citizenship doesn't make his execution a travesty.

**maxpro2** · 07-09-2011, 08:14 PM

Blame Congress, not Texas.

**Little Wing** · 07-09-2011, 08:40 PM

Originally Posted by LAM

the death penalty has been in use for hundreds of years and the only OECD countries that still use it are the US and Japan, that tells you something right of the bat. there are fare more liberal governments than the US with substantially less violent crime rates. I'm sure the warring ways of the US along with income inequality are other leading factors.

very good points but i think punishment deters many people from doing crime including murder. i'd sell pot if there was no punishment for it and i'd like to try making my own opium from poppies, i'd like to try peyote... there's a kid down the street that really needs his ass kicked. i don't do some things simply because i don't want to get in trouble. the statistics don't take into account people who would like to commit crimes or kill someone and don't because it's illegal. i also know a person that deserves to be gut shot and left too deep in the woods to walk out. some things aren't worth it because of the punishment. prison is enough of a deterrent for me but obviously many people don't give a rats ass. it's not simply about deterrent either it's about the victim and victim's family. if someone killed my kid i don't want to be miss meek paying that persons way in some cell the rest of their life i want them dead.

**bio-chem** · 07-09-2011, 08:54 PM

Originally Posted by LAM

empirical data shows that the death penalty has the exact opposite effect, states that still use it have much higher homicide rates than those that do not.

Care to post those statistics

**DOMS** · 07-09-2011, 09:12 PM

Originally Posted by bio-chem

Care to post those statistics

If he does, it'll likely be from a study done at UC Berkley or from a website like www.thedeathpenaltyiswrong.com.

No...that's not enough. It'll be from www.TheDeathPenaltyIsEvil_and_GunsAreEvil_and_Cant WeAllJustRideUnicorns.com.

**Little Wing** · 07-09-2011, 09:21 PM

http://news.change.org/stories/the-n...ry-confinement

in Maine, we've eliminated the death penalty. But we still persist in the barbaric practice of solitary confinement, which too often drives people to suicide — deaths that are assisted by neglect by guards and lack of follow-up investigations. It's a quieter phenomenon than a state execution: there are no costly appeals; there are no capital punishment protestors gathering in the middle of the night. The state can prolong its “investigation” of itself until the public grows weary. And best of all, as I was often reminded by my colleagues at the prison in the callous days following Weinstein's death, every death means “one less mouth to feed.”

no death penalty doesn't really mean we are more humane or evolved. so often you hear "he will get what's coming to him in prison" we make our tidy little laws and hope men get killed in prison anyway when they commit heinous crimes.

**Big Smoothy** · 07-10-2011, 03:26 AM

I'm jumping in late.

Mexicans, please go back to Mexico.

I am not referring to Mexican-Americans, just Mexicans.

**bio-chem** · 07-10-2011, 09:30 AM

Originally Posted by DOMS

If he does, it'll likely be from a study done at UC Berkley or from a website like www.thedeathpenaltyiswrong.com.

No...that's not enough. It'll be from www.TheDeathPenaltyIsEvil_and_GunsAreEvil_and_Cant WeAllJustRideUnicorns.com.

HAHAAHHAH. That's kind of what I was thinking. I've spent spent time living in Washington, and Utah both of which have the death penalty and both of which have executed criminals while i've been living in the state. I doubt either one is at the top of any per capita murder rate state list.

**bio-chem** · 07-10-2011, 09:34 AM

Originally Posted by Little Wing

http://news.change.org/stories/the-n...ry-confinement

in Maine, we've eliminated the death penalty. But we still persist in the barbaric practice of solitary confinement, which too often drives people to suicide — deaths that are assisted by neglect by guards and lack of follow-up investigations. It's a quieter phenomenon than a state execution: there are no costly appeals; there are no capital punishment protestors gathering in the middle of the night. The state can prolong its “investigation” of itself until the public grows weary. And best of all, as I was often reminded by my colleagues at the prison in the callous days following Weinstein's death, every death means “one less mouth to feed.”

no death penalty doesn't really mean we are more humane or evolved. so often you hear "he will get what's coming to him in prison" we make our tidy little laws and hope men get killed in prison anyway when they commit heinous crimes.

Solitary confinement. Now that's a punishment i can get behind. all of our murderers/rapists should be in solitary until they commit suicide. that's the perfect solution. LW you just fixed all our countries death penalty issues.

**ALBOB** · 07-11-2011, 09:57 AM

Originally Posted by LAM

empirical data shows that the death penalty has the exact opposite effect, states that still use it have much higher homicide rates than those that do not.

No, it doesn't. While on the surface your statistics may be correct, nobody has ever shown that the reason the murder rates are higher in states with the death penalty is BECAUSE they have the death penalty.

And as to cost; the reason death penalty cases cost so much is because of the endless appeals. The lawyers suck them for every $$$ they can. Revamp that process and the cost goes down substantially.

**MDR** · 07-11-2011, 02:51 PM

Originally Posted by ALBOB

No, it doesn't. While on the surface your statistics may be correct, nobody has ever shown that the reason the murder rates are higher in states with the death penalty is BECAUSE they have the death penalty.

And as to cost; the reason death penalty cases cost so much is because of the endless appeals. The lawyers suck them for every $$$ they can. Revamp that process and the cost goes down substantially.

I agree about the expensive and drawn out appeals process. I don't see that changing anytime soon, however. Tough to draw a direct correlation between the death penalty and high murder rates, but it does not seem to act as much of a deterrent. A lot of factors involved in the equation, though.

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