EU Policy On The Death Penalty

Washington, DC, June 5, 2001

The Honorable Frank Keating
The Governor of Oklahoma

State Capitol Building
Oklahoma City, OK 73105

Dear Governor Keating:

The European Union has learnt that Mr. Gerardo Valdez Maltos, a Mexican national, is scheduled to be executed on June 19, 2001. Representing the European Union, Sweden, as the current President, together with Belgium, the subsequent President, and the European Commission, would like to make an urgent appeal on behalf of Mr. Valdez.

As stated in the EU Memorandum on the Death Penalty, which was shared with you last March (it can also be found on the web page http://www.eurunion.org/legislat/DeathPenalty/deathpenhome.htm#EUPolicyDocuments), the European Union is opposed to the death penalty in all cases and accordingly aims at its universal abolition. In countries applying the death penalty, the EU seeks to ensure that the executions are carried out in accordance with the minimum standards set forth in several international human rights and consular instruments.

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.

The right to consular notification according to Article 36 of the Convention is intended to redress the inherent disadvantages facing detained foreign nationals in any country. The same treaty provision gives US citizens traveling abroad the right to contact their consulates, in the event they would be arrested. We are convinced that observance of the safeguards provided by this Convention is essential and may be decisive, not the least in capital cases.

Furthermore, the European Union has taken note that prison records reveal that Mr. Valdez has an IQ score of 76, thus making him a borderline mentally retarded person. In addition, Mexico's legal counsel has discovered evidence that Mr. Valdez may have organic brain damage. Further evidence may establish that is indeed the case.

As concerns the execution of a person suffering from a mental disorder, there are certain minimum standards set forth in several international human rights instruments. Among them are the United Nations ECOSOC Safeguards Guaranteeing Protection of the Rights of those Facing the Death Penalty, as well as resolution 2001/68 adopted at this year's session of the United Nations Commission on Human Rights. This resolution specifically urges all states still maintaining the death penalty "not to impose the death penalty on a person suffering from any form of mental disorder or to execute any such person."

Taking these factors and considerations into account, the European Union respectfully appeals to you, Governor, to exercise all powers invested in your office to commute the sentence of Mr. Valdez to life imprisonment or such other penalty as is compatible with international law.

Letter to Oklahoma Pardon and Parole Board

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Embassy of Sweden,
1501 M Street, N.W.,
Washington DC 20005
tel: (202) 467-2600, fax: (202) 467-2699
Homepage: www.swedenemb.org