ICJ: Mexico files a Request for interpretation in the Avena case 11 Jun 2008
Mexico seeks the interpretation of paragraph 153 (9) of the Judgment of 31 March 2004.

On 5 June 2008, Mexico filed a request for interpretation of the Judgment delivered on 31 March 2004 by the International Court of Justice (ICJ) in the case concerning Avena and Other Mexican Nationals (Mexico v. United States of America).  Mexico contends that a fundamental dispute has arisen between the concerned parties as to the “scope and meaning” of paragraph 153 (9) of the Judgment and requests the guidance of the Court.

Paragraph 153 (9) obliges the United States to provide, by means of its own choosing, review and reconsideration of the convictions and sentences of the Mexican nationals referred to in the case. Mexico contends that requests by these Mexican nationals for review and reconsideration have repeatedly been denied and asks the ICJ to declare that there is an “obligation of result” incumbent upon the United States. Mexico asserts that the United States understands the Avena Judgment to constitute merely an “obligation of means.”

In 2003, Mexico instituted proceedings against the United States 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. In 2004, the ICJ determined that 51 named Mexican nationals were entitled to receive review and reconsideration of their convictions and sentences through the judicial process in the United States. The United States Supreme Court subsequently found that the ICJ decision did not constitute directly enforceable federal law that preempts state law, meaning that individual states could refuse review and consideration of individual cases. Currently, one of the Mexican nationals has been scheduled for execution in Texas and four more are in imminent danger of having execution dates set.

Press release

Page Tools
Share |