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World court says U.S. violated Mexican inmates' rights
By Associated Press
Published: 04/01/2004

The world court ruled Wednesday that the United States violated the rights of 51 Mexicans on death row to receive diplomatic help, and ordered Washington to review their cases.
The ruling by the International Court of Justice could mean a reprieve or another chance of appeal for the inmates, including one scheduled to die May 18 in Oklahoma. It also could have implications for other foreign citizens in U.S. prisons who were not told they could receive help from their governments.
The order raised questions from the eight states, including Ohio, holding the inmates, but no assurances that the states will try to address the court's concerns.
Some states were seeking advice Wednesday from the U.S. State Department, but several officials said they doubted the ruling would affect their execution plans. Officials in Oklahoma and Texas, where three of the Mexican inmates are on death row, said no immediate action was being taken in those cases.
U.S. officials will study the decision carefully, said State Department spokesman Adam Ereli, adding that the United States has tried to comply with the requirement that consular access be granted to Mexican and other citizens detained on U.S. soil.
Although the court dealt specifically with the Mexican cases, it cautioned that the principle should apply to all foreigners imprisoned for serious crimes. There are 121 foreign citizens on U.S. death row, 55 of whom are Mexican, according to the Death Penalty Information Center.
The court backed virtually all of Mexico's main arguments, presented in December.
"The U.S. should provide by means of its own choosing meaningful review of the conviction and sentence" of the Mexicans, presiding judge Shi Jiuyong said.
Shi said the review, in all but three cases, could be carried out under the normal appeals process in the United States.
Arturo Dager, a legal adviser with Mexico's Foreign Relations Department, said the court's findings were "a triumph of international law."
For the three defendants who have exhausted all appeals, the United States should make an exception and review their cases one last time, the court said.
If the United States doesn't abide by the ruling, Mexico intends to take further legal steps, according to a Mexican diplomat. Countries that fail to comply with court rulings can be referred to the U.N. Security Council for "appropriate action," according to the court's statute.
Even if Washington accepts the decision, it's unclear if federal authorities have the power to enforce it or compel individual states to abide by it.


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