Texas Court Refuses to Stay Execution Despite World Court Ruling
A Texas court has refused to stop the impending execution of a man whose case has spurred two rulings by the International Court of Justice requiring further review of his case.
The defendant, Jose Medellin, was convicted in the rape and strangulation deaths of two girls, ages 14 and 16, after a gang initiation, the Houston Chronicle reports. His execution will be carried out Tuesday unless the U.S. Supreme Court or Texas Gov. Rick Perry decides to intervene after final appeals by Medellin’s lawyers.
The Texas Court of Criminal Appeals refused to issue a stay of execution Friday, SCOTUSblog reports. A request for a stay (PDF posted by SCOTUSblog) is now pending with Justice Antonin Scalia.
Some view the case as an important example of the federalist system that allows states to act independently of foreign rulings and presidential orders, while others believe it risks the United States’ stance in the international community, the Wall Street Journal reports.
The international court ruled in 2004 that the cases of Medellin and other Mexican nationals should be reviewed to assess the harm caused by not being allowed to consult with consular officials as required by the Vienna Convention. The U.S. Supreme Court ruled in Medellin’s case that President Bush could not force state courts to carry out the international ruling.
In July, the international court ruled again, saying the executions of Medellin and four others should be halted until their cases can be reviewed.
Medellin’s stay petition says that if he is executed, the United States will “irreparably” breach its treaty commitments.
“Federal and state actors at the highest levels of government are currently engaged in unprecedented efforts to bring the nation into compliance by providing a judicial forum to grant him the review and reconsideration to which he is entitled,” the petition says. “Members of the House of Representatives have introduced legislation, the secretary of state and attorney general have requested Texas to assist the United States in carrying out its international obligations, a Texas senator has committed to introducing legislation at the earliest opportunity when the Texas legislature reconvenes, and leaders of the diplomatic and business communities have warned that Mr. Medellin’s execution could have grave consequences for Americans abroad.”
