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No Change After Avena
Violations of article 36(1)(b) of the 1963 Vienna Convention on Consular Relations by the United States produced a favorable ruling by the World Court as well as a presidential memorandum suggesting that the states of the United States give consideration to the ruling in Case Concerning Avena and Other Mexican Nationals (Mexico v. United States), 2004 ICJ 12.
On March 25, 2008, the United States Supreme Court dealt the Mexican death row inmates a further blow. In Medellin v. Texas, docket number 06-984, the court held that the uncured failure of consular notification cannot be overcome by the World Court's ruling or the presidential memorandum. They cannot constitute directly enforceable federal law that pre-empts state limitations on the filing of successive habeas petitions. -- Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington.
Tue, / / Embassy Law Link
