The Death Penalty Violates the Rights of Foreign Nationals

Twenty-one foreign nationals have been executed in the United States since 1988. Virtually none had been informed, upon arrest, of their right to communicate with their consular representatives. In 16 of these cases, the consular notification issue was raised on appeal and dismissed, allowing the execution to proceed.

The Vienna Convention on Consular Relations, Article 36

“…if he so requests, the competent authorities of the receiving State shall…inform the consular post of the sending State if…a national of that State is arrested or committed to prison…. The said authorities shall inform the person concerned without delay of his rights under this sub-paragraph.” Ratified by the U.S. in 1969.

Among other crucial functions, consular assistance serves to protect a defendant’s legal right to a fair trial, including the right to prepare an adequate defense, to understand the nature of the charges, to have the assistance of an interpreter, and the right not to be compelled to confess or to testify against oneself.

Around 120 foreign nationals are currently on death row in 17 jurisdictions. Almost half of all foreign nationals on death row are from Mexico, which has been abolitionist for ordinary crimes since 1937.

International Court Rulings

In October 1999, the Inter-American Court of Human Rights found that the executions of foreign nationals who were not informed of their consular rights constitute an “arbitrary deprivation of life,” requiring a remedy under international law.

In March 2004, the International Court of Justice (ICJ) ruled that the United States had violated the rights of 51 Mexicans on death row and ordered their cases to be reviewed. In Spring 2005, President George W. Bush signed a memorandum to the U.S. Attorney General affirming that the United States would comply with the binding decision of the ICJ and announced that state courts would be required to review and reconsider the effect of violations of the VCCR in the cases of those Mexican nationals who were subsequently sentenced to death.

Recent Cases
  • On June 18, 1997, the State of Texas executed Irineo Tristan Montoya, a Mexican national who, without the presence of an attorney, had signed a confession written in English, a language he neither read, spoke, nor understood. Texas authorities, fully aware of Montoya’s nationality, had failed to inform him of his right to consular access.
  • In February 1999, Karl and Walter LaGrand, two brothers from Germany, were executed in Arizona. Local authorities, aware of their nationality, had failed to inform the brothers of their right to consular access. Germany brought suit against the USA in the International Court of Justice (ICJ). In June 2001, the ICJ ruled that U.S. violated the Vienna Convention and handed down a ruling in favor of Germany.