Capital arrogance
No one disputes that Edgar Tamayo Arias killed a police officer in Texas in 1994. What is at the center of a dispute is that international agreements that guarantee due process were not followed after his arrest. This is a serious mistake, given that Tamayo was sentenced to capital punishment, and is facing execution in a few days.
Just think what would happen if a Texan is arrested for a crime committed in a foreign country where he does not speak the language, has an inadequate defense and is sentenced to deathall without following the Vienna Convention. The convention requires providing foreign prisoners access to a consular official from their country, in order to ensure that their rights and protections are guaranteed. We can imagine what a diplomatic scandal that would cause.
However, this is basically what happened to Tamayo. The Mexican Consulate was never notified, and this is not the first time something like this happens. In 2004, the International Court of Justice ordered the U.S. to review the convictions of 50 Mexican prisoners, among them Tamayo, because their international rights were violated. This justified review of the case is what the defense is now requesting. It would mean suspending the execution planned for January 22.
Amazingly, in 2008 the U.S. Supreme Court said that the president has no authority to demand that a state comply with orders from the International Court. Meaning, U.S. states do not have to respect basic international treaties, like Article 36 of the Vienna Convention on Consular Relations.
This is judicial absurdity, exposing American citizens to being tried without having access to their consulate. It would be the rule of retribution. If one side does not respect it, there is no reason for another to respect it in return.
The parochialism of Texas, believing that it is above the rest of the world, and the U.S. court system, which allowed this attitude, detract from the credibility of Washington’s arguments when it demands that other nations respect international laws and rulings.
