EU Policy On The Death Penalty

Washington, July 13, 2001

Governor Frank Keating
Room 212
State Capitol Building
Oklahoma City, Oklahoma 73105

Dear Governor Keating:

Representing the European Union, Belgium, as the current President, together with Spain, the subsequent President, and the European Commission, would like to make an urgent appeal on behalf of Mr. Valdez, who is facing execution in Oklahoma. Subsequent to our letter of June 5, we would like to urge you to adopt the recommendation of the Oklahoma Pardon and Parole Board and commute the death sentence of Mr. Valdez to life in prison.

As stated in the EU Memorandum on the Death Penalty, which was shared with you last March the European Union is opposed to the death penalty in all cases and accordingly aims at its universal abolition.

It has come to the attention of the EU that the Oklahoma authorities failed to notify Mr. Valdez about his right to contact a Mexican consulate for assistance at the time of his detention, as required by the Vienna Convention on Consular Relations. 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 importance of article 36 in the realm of consular relations. The Court held that in the case of a detained foreign national sentenced to a severe penalty, a nation which violates the detainee's article 36 rights must provide a remedy beyond a mere apology. In our view, the minimum remedy required in a capital case is commutation of the death sentence to life imprisonment.

Taking these factors and considerations into account, the European Union respectfully appeals to you, Governor, to adopt the recommendation of the Oklahoma Pardon and Parole Board and to exercise all powers invested in your office to commute the death sentence of Mr. Valdez to life in prison.

I thank you in advance for your consideration of this extremely urgent matter.

Sincerely,

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Embassy of Belgium,
3330 Garfield Street, NW,
Washington, DC 20008
Tel. (202) 333-6900 - Fax. (202) 333-3079
Homepage : www.diplobel.org/usa/