From Consular Notification and the
Death Penalty: The ICJ’s Judgement in Avena (April 2004 ASIL Insight):
“In January 2003, Mexico
instituted proceedings in the International Court of Justice (“ICJ”)
against the United States,
alleging violations of the Vienna Convention on Consular Relations
(“Vienna Convention”). The Vienna Convention provides that foreign
nationals must be informed, without delay, of their right to communicate
with their consulate when they are detained by law enforcement officials.
It also requires law enforcement officials to notify the appropriate
consulate if the foreign national so requests. In Avena, Mexico
argued that the United States
had failed to comply with the Vienna Convention in 54 separate cases
involving Mexican nationals who had been convicted and sentenced
to death. On March 31, 2004, the ICJ issued its ruling in
the case, holding that the United States
had violated the Vienna Convention in most of those cases and calling
for the United States to
provide review and reconsideration of the convictions and sentences
in the underlying criminal proceedings.” Read
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