International divide: Mexico rejoices the World Court's verdict on Texas executing Mexican nationals - Instablogs
International divide: Mexico rejoices the World Court's verdict on Texas executing Mexican nationals
Oscar , Oaxaca: Jul 16 2008
Made Popular Jul 17 2008
Mexico :

International divide: Mexico rejoices the World Court's verdict on Texas executing Mexican nationalsAccording to El Norte, after months of intense review,the World Court and Congress’ Howard Berman and Zoe Lofgren submitted their resolution. Close sources of the project are saying the additional presentation and proposal of the HR 6481 law is more than enough reason for the state of Texas to not only postpone, but offer a powerful recourse for an extensive review and litigation in the case of the programmed August 5 execution of Mexico’s Jose Medillin.

From the very first 1824 and in the revised 1857 Mexican Constitution, the death penalty was abolished, although there were admitted exceptions and practices were still widely allowed to be subjected to a judge’s criteria. In 1929, the death penalty was excluded by definite manner in the Mexican Federal Penal Code.

Jose Medellin was born in New Laredo and moved to the U.S. as a child. He attended U.S. public schools and later joined the Blacks and Whites gang which later lead to the brutal gang raping, torture, and murders of Elizabeth Peña and Jennifer Ertman. Along with Medillin, there were five other convictions for the tragic and confessed deaths of these two young girls.

The question is not if Jose Medillin is guilty, as he had confessed to his complete involvement in the crimes. The question is why was the Mexican Consulate not notified until after the fact?

Unfortunately, the lack of acknowledgement of International Law is not uncommon. My wife was curious as to her Rights as an American Citizen if she were to be found guilty of a crime here in Mexico.
This is what she found:

http://travel.state.gov/travel/cis_pa_tw/cis/cis_970.html#criminal_penalties

Can we, globally, pick and choose? Can we choose to visit or live in a country legally or illegally, and assume instant immunity? I’m not talking about persecution, I’m talking about Murder. Can we choose to ” have our cake and eat it too? I do NOT favor capital punishment. I feel killing is killing and murder is murder : by committing the crime or invoking the death penalty, but how can an issue like this be resolved ? Is it fair to the Peña and Ertman families to allow those convicted to live when they didn’t allow their daughters the same opportunity? Will executing the guilty bring their daughters back? Should Medillin’s family be punished by the murder of their child as well? Are we “eye for eye”, where do we draw the line?

If a foreign citizen commits a crime abroad, their consulate is notified,as by international law, and they are still sentenced to death, what happens? We need clearly defined international laws to avoid increased global judicial abuse (by the accused or the accuser) and chaos.

Please share your thoughts.

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2 Stars
In such cases, I believe that extradition would be a better alternative. These abuses to which you referred seems to be a tactic that United States employ too often. I hope the next american president start to change this situation, otherwise, the number of their enemies will keep growing.
1 Stars
Oscar
Oaxaca, Mexico
I am not in favor of the death penalty, but I am in favor of rules and laws. When we, as a foreign national, enter in Any other country, we are not only expected to, we are obligated to abide by the national laws. In some countries, maybe the law is not so obvious, but I think gang raping, torturing, wrapping a belt so tightly around ones neck that the belt literally breaks causing death...well, I think that is a pretty obviously against the law. Laws are created to avoid chaos.
0 Stars
Jake J
Montgomery, United States
Unfortunately, Mexico has such a corrupt system of law and justice that involving them in the process would be extremely counter productive. Next time I want some official living on drug bribe money involved in a case having to do with me, I’ll let you know. Don’t hold your breath.
(Global Perspectives)
1 Stars
Oscar
Oaxaca, Mexico
Hi Jake,
A very straight forward comment, but welcome indeed.we all have our rights.
we need to inform ourselves, ignorance in itself, can not only enslave one human, but its entire country.
1 Stars
Norbert
Berlin, Germany
The question is not if Jose Medillin is guilty, as he had confessed to his complete involvement in the crimes. The question is why was the Mexican Consulate not notified until after the fact?


The US has executed scores of foreigners in exactly the same fashion showing contempt for international sentiments.
1 Stars
Oscar
Oaxaca, Mexico
Unfortunatly we can not change another countries laws and the way it chooses to enforce them. Laws are made to keep order and avoid chaos....was it incorrect for Texas to not contact our Mexican consulate/embassy IMMIDIATLY upon detention, absolutly. Would having a Mexican consulate member at the trial of changed the outcome? Very unlikely. Unfortunatly many of our citizens have crossed the border to search for the AMERICAN DREAM only to find the consequences of their crimes are a very real NIGHTMARE.
2 Stars
Dursun
Moscow, Russia
Such things will continue to happen in the United States as long as all the states that still has provisions for death penalty do not abolish it altogether as cruel and unusual that death penalty really is. Since USA is a superpower no one can challenge it anywhere. Even we have abolished it.
1 Stars
Oscar
Oaxaca, Mexico
Hi Dursan,
Thanks for your comment, I am not in agreeance with the death penalty, but if within ones country, individual states have the right to decide, it is a law. I think the United States can be challanged, even if it is a ”superpower”, the sticky question is if we can reap the benifits of a multitude of countries laws. Can we or should we pick and choose the convenient points of all global laws, there for creating a definite global immunity for mankind?
2 Stars
Umut
Ankara, Turkey
What you have written on about is essentially technical. The foreign visitors should know that when they are in a country that is not their own cannot be expected to be dealt with in accordance to the laws of his native country when they commit a crime there...

If the crime that this particular Mexican committed carried the death penalty in the state where he committed them, he should have known that he would face consequences.
1 Stars
Oscar
Oaxaca, Mexico
As an 18 year old gang involved teenager residing within the United States, I am sure he was not wondering whether the state of Texas does or does not have the death penalty law within its state penal code while committing his crime, but it does. The question is if my country has a RIGHT to challange the very state that had supported and educated the same citizen for the vast majority of his life.
2 Stars
Dave
Singapore, Singapore
Though I am against death penalty but I can't buy the arguments in Jose Medillin's case. He committed a crime and faced the maximum sentence there. Isn't there provisions to execute spies in some countries even if they come from countries that have abolished capital punishment? Same goes for murders, drug trafficking etc in many countries. My country has executed Filipinos, Australians and other foreigners.
1 Stars
Oscar
Oaxaca, Mexico
Those provisions in the United States are divided into state and federal law, in the case of the death penalty, the individual state chooses to include the death penalty as an option within its state penal code. Texas has chosen its right to enforce, in extreme cases, the use and execution of the death penalty. Had Medillin been in another state, maybe he would have recieved life in prison without parole, had he been here in his natal country, he would have recieved a maximum of 40 year sentence, but he wasn’t. He was living the great american dream in Texas when he commited his crime, and Texas has put him thru trial by jury and made its judgement.
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