EU
Policy On The Death Penalty
Embassy of Italy EU Presidency
3000 Whitehaven Street
Washington, DC 20008
December 4, 2003
Mr. Patrick Morgan
Chair
Oklahoma Board of Pardons and Parole
4040 North Lincoln Boulevard, Suite 219
Oklahoma City, OK 73105
Dear Mr. Morgan,
On behalf of the European Union, Italy, as current
President, together with Ireland, its subsequent President, and the European
Commission would like to convey to you an urgent humanitarian appeal to spare
the life of Hung Thanh Le, who has been sentenced to death and is scheduled to
be executed on January 6, 2004.
As stated in the EU Memorandum on the Death Penalty, (http://www.eurunion.org/legislat/DeathPenalty/eumemorandum.htm)
which has been shared with you on previous occasions, the European Union is opposed
to the death penalty in all cases and accordingly aims at its universal abolition,
seeking a global moratorium on the death penalty as a first step. Therefore, the
EU respectfully urges you to exercise all powers vested in your office to commute
the death sentence of Mr. Le to life imprisonment.
Furthermore, it has come to the attention of the EU that the Oklahoma authorities
failed to notify Mr. Le as regards his right to contact a Vietnamese Consulate
for assistance at the time of his arrest, as required by the
Vienna Convention on Consular Relations. The right to consular notification
and assistance, according to article 36 of the Convention, is intended to redress
the inherent disadvantages facing detained foreign nationals in any country. Like
the United States, all EU member states are parties to this international treaty. On
June 27, 2001, the International Court of Justice reaffirmed the significance
of article 36 in the realm of consular relations. The Court held, inter alia in
Para 125 that “an apology would not suffice in cases where the individuals concerned
have been subjected to prolonged detention or convicted and sentenced to severe
penalties.” In the case of such a conviction and sentence, the EU considers that
the review and reconsideration of the conviction and sentence be permitted
by taking account of the violation of the rights set forth in the Convention.
Taking these factors and concerns into account, the European Union respectfully
requests that you recommend the required review and reconsideration of the conviction
and sentence in the case of Mr. Le.
We thank you in advance for your consideration.
Sincerely,
Sergio Vento
Ambassador of Italy |
Noel Fahey
Ambassador of Ireland
|
Guenter Burghardt Ambassador, Head of the European Commission
Delegation |
Letter to Oklahoma Governor.
The Oklahoma Board of Pardons and Parole voted unanimously to
commute Mr. Le's death sentence to life in prison (implying a possibility of parole,
but not guaranteeing it), based primarily on the Vienna Convention on Consular
Relations violations and using the EU letter as an element in the decision, December
9, 2003.
Embassy of Italy
3000 Whitehaven Street
Washington, DC 20008
(202) 412-6400 Fax (202) 518-2154
E-mail: stampa@itwash.org
Website: http://www.italyemb.org/
