Sunday, 10 July 2011

Court refuses to stop execution of Mexican (AP)

WASHINGTON-the Supreme Court on Thursday refused to stop Texas from executing a Mexican national, convicted of raping and murdering a girl of 16 years despite calls by the Obama administration to stop running to avoid international complications.

The High Court voted 5-4 to allow officials to proceed with the execution of Humberto Leal for the murder of Adria Sauceda.

Warning of dire consequences, the Justice Department wanted the Court to delay the execution Thursday of Leal to give Congress the opportunity to approve a bill that would give Leal another possibility for review of lower court.

But the majority of the Court called that argument meritless lawsuit.

"We are doubtful that you should always remain a lower court's ruling in light of legislation unenacted," said the judge. "Our task is to rule on what the law is, not what could possibly be."

The 38 year old native of Monterrey, Mexico, was told it could contact the Mexican Consulate after his arrest. His lawyers say police violated an international treaty by not telling him.

The Obama administration and others wanted the high court to delay the execution of Leal then Congress could consider legislation that would require court reviews cases in which condemned foreign nationals did not receive help from their consulates. They said that the case could affect not only foreigners in the United States, but Americans detained in other countries.

But the majority of the Court, composed of five judges, more conservative, was skeptical of the Obama administration's argument that executing Leal could cause serious consequences.

"Congress evidently did not find these consequences sufficiently severe as to require its entry into force of legislation and we will follow the law as written by Congress," the majority of the Court said.

Four judges of the Court's liberal-leaning — Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor and Elena Kagan — he said that would have granted the stay.

"To reach its conclusion to the contrary, the Court of appeal ignores the President in a matter of Foreign Affairs for their opinions, replaces about the likelihood of Congressional action to the opinions of executive branch officials who have consulted with members of Congress and denies the request by four members of the Court to delay the execution until the Court can discuss the issue at the Conference in September," Breyer wrote for the dissenters. "In my opinion, the Court is wrong in any sense".

Senator Patrick Leahy, D-VT., Chairman of the Senate Judiciary Committee, has expressed disappointment with the decision of the Court. "The Americans detained abroad rely on their access to U.S. consulates each day," said Leahy. "If we expect other countries to respect the treaties that unite, the United States must also fulfil its obligations." He said that he would continue working to pass a law "to ensure that the United States meets its obligations under the Vienna Convention on consular relations."


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