EU Policy On The Death Penalty

Royal Danish Embassy
Washington, DC

EU Presidency

Chairman Gerald Garrett
Texas Board of Pardons and Paroles
Executive Clemency Section
PO Box 13401
Capital Section
Austin, Texas 78711

File: 27.USA.1

23 July 2002

Dear Chairman Garrett,

The European Union has learnt that Mr. Javier Suarez Medina, a Mexican national, is to be executed in the State of Texas on August 14, 2002. On behalf of the European Union, Denmark, as current President, together with Greece, the subsequent President, and the European Commission would like to make an urgent humanitarian appeal to spare the life of Mr. Javier Suarez Medina.

As stated in the EU memorandum on the Death Penalty, which has been shared with you on previous occasions (it can also be found on the web page: www.eurunion.org/legislat/deathpenalty/eumemorandum.htm), the European Union opposes 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.

A related matter of concern is the compliance with the Vienna Convention on Consular Relations of 1963. 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. This provision gives US nationals abroad the right to contact the American consulate, in the event that they were arrested. The EU is convinced that the observance of the safeguards provided by this Convention is essential and may be decisive, not least in capital cases.

The obligations of the United States under the Vienna Convention were confirmed by the judgment of 27 June 2001 by the International Court of Justice in the LaGrand case (to be found on the web page: www.icj-cij.org/icjwww/idocket/igus/igusjudgment/igus_ijudgment_20010625.htm)

It has come to the attention of the EU that the Texas authorities failed to notify Mr. Medina of his right to contact the Mexican Consulate for assistance. The authorities likewise never informed Mexican consular officials of his detention.

While the US criminal justice provides many safeguards to protect the legal rights of those facing criminal charges, consulates provide further humanitarian, protective and legal assistance regularly afforded to foreign nationals abroad.

Referring to the violation of the Vienna Convention on Consular Relations – to which the United States is a party – the European Union respectfully urges you, Chairman, as we have also urged the Governor of Texas, to exercise all the powers vested in your office to grant Mr. Medina relief from the death penalty.

Sincerely,

Ulrik Federspiel	Vassilios Costis	Gérard Depayre
Ambassador of Denmark	Chargé d'affaires, a.i. Embassy of Greece	Chargé d'affaires, a.i. Delegation of the European Commission

Danish Presidency July 25, 2002 statement at Organization for Security and Co-operation in Europe (OSCE) Permanent Council meeting.

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