EU Policy On The Death Penalty

The Death Penalty Issue

Letter to Mr George W. Bush,
Governor of Texas

Washington, November 3, 2000

Dear Governor Bush,

It has been brought to the attention of the fifteen member states of the European Union that Mr. Miguel Angel Flores, a Mexican citizen, is scheduled to be executed in Texas on November 9.

France, as the current president of the European Union, together with Sweden, the subsequent president, and the European Commission, would like to convey to you, Governor, an urgent humanitarian appeal, in support of the Government of Mexico, to spare the life of Mr. Miguel Angel Flores.

Texas authorities failed to notify Mr. Flores of his right to consular notification at the time of his initial detention, pursuant to article 36 of the Vienna Convention on Consular Relations. The Government of Mexico did not learn of Mr. Flores' detention until nearly one year after he had been tried, convicted, and sentenced to death.

The right to consular notification is intended to redress the inherent disadvantages facing detained foreign nationals, as recognized in particular by the Inter-American Court on Human Rights. Without the protection provided by article 36, no nation can effectively assist its citizens detained abroad. The European Union is therefore deeply concerned by this violation of a ratified treaty.

As the courts have failed adequately to consider this issue, the European Union respectfully urges you to grant Mr. Flores a temporary reprieve. We further urge you to direct the Texas Board of Pardons and Paroles to conduct an investigation into the violation of article 36 in Mr. Flores' case, so that the Board may carefully consider the possibility of commuting Mr. Flores' sentence to any penalty other than capital punishment.