Avena and other Mexican Nationals (Mexico v. United States of America) fr

On 9 January 2003 Mexico instituted proceedings against the United States of America in a dispute concerning alleged breaches of Articles 5 and 36 of the Vienna Convention on Consular Relations of 24 April 1963 in relation to the treatment of a number of Mexican nationals who had been tried, convicted and sentenced to death in criminal proceedings in the United States. On 9 January 2003 Mexico also asked the Court to indicate provisional measures, and in particular to order the United States to take all measures necessary to ensure that no Mexican national was executed pending a final decision of the Court. 

On 5 February 2003 the Court unanimously adopted an Order indicating such measures. On 31 March 2004, in the judgment on the merits, the Court found that the United States of America had breached its obligations to Mr. Avena and other Mexican nationals and to Mexico under the Vienna Convention on Consular Relations.

On 16 July 2008 the ICJ gave its decision in the case of Mexico’s Request for Interpretation of the Judgment of 31 March 2004. The Court decided by seven votes to five that “the United States shall take all measures necessary to ensure that [the five Mexican indictees] are not executed pending judgment on the request for interpretation submitted by Mexico”.

On 5 August 2008 one of the Mexican nationals, José Medellin was put to death by lethal injection in Texas after the U.S. Supreme Court rejected his appeal.