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  1. #1
    Senior Member FedUpinFarmersBranch's Avatar
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    Texas still plans to execute killer despite U.N. order

    July 16, 2008, 5:25PM
    Texas still plans to execute killer despite U.N. order


    By ALLAN TURNER and ROSANNA RUIZ
    Copyright 2008 Houston Chronicle


    RESOURCES
    World Court
    Some facts about the International Court of Justice, also known as the World Court:
    Established: 1945
    Location: The Hague, Netherlands
    Role: Judicial arm of the United Nations.
    Decisions: Binding on member countries. No appeal. The court cannot enforce judgments.
    Justices: 15 justices, each elected to 9-year terms by the U.N. Gemeral Assembly or the U.N. Security Council.
    Lawsuits: Court acts on matters brought by member states; individuals cannot bring suits.
    Source: New York Times Almanac Texas will go ahead with the scheduled Aug. 5 execution of Houston rapist-killer Jose Medellin despite Wednesday's United Nations world court order for a stay, a spokesman for Gov. Rick Perry said.

    The UN's International Court of Justice's call for stays in the cases of Medellin and four other Mexican nationals awaiting execution in Texas came in response to a petition filed last month by the Mexican government.

    The petition sought to halt executions to allow for review of the killers' cases to determine whether denying them access to the Mexican Consulate after arrest harmed their trial defenses.

    The Geneva Convention stipulates that, upon request, an alien offender's national consulate must be notified of an arrest.

    In its order, the world court quotes the Mexican government's argument that "Texas has made clear that unless restrained, it will go forward with the execution without providing Mr. Medellin the mandated review and reconsideration," which will "irreparably" breach the U.S. government's obligations to the court's 2004 order.

    The Mexican government reasons that "the paramount interest in human life is at stake," according to the court's order.

    If Medellin and the other nationals are executed without additional court reviews, "Mexico would forever be deprived of the opportunity to vindicate its rights and those of the nationals concerned."

    Perry's office dismissed the argument.

    "The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court," Perry spokesman Robert Black said.

    "It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens."

    Medellin, 33, was condemned for the 1993 killings of Jennifer Ertman, 14, and Elizabeth Pena, 16, who stumbled into a drunken midnight gang initiation rite at T.C. Jester Park in north Houston.

    Medellin's accomplice, Derrick O'Brien, was executed in July 2006. Also sentenced to die is gang leader Peter Anthony Cantu. Three other accomplices are serving prison sentences. Medellin was the only non-American involved in the murders.

    Wednesday's UN court decision in The Hague, Netherlands, was the latest development in an an ongoing legal wrangle that has involved President Bush, the U.S. Supreme Court and the Mexican government.

    In 2004, the UN court ordered review of the cases of 51 Mexican nationals facing execution in the United States because they had not been allowed to speak with their nation's consular officials.

    In February 2005, Bush directed state courts to abide by the U.N. court decision, specifically asking Texas to review Medellin's case.

    In March, the U.S. Supreme Court ruled that Bush had overstepped his authority. Chief Justice John Roberts said the president cannot mandate such court reviews without congressional concurrence.

    On Monday, U.S. Rep. Howard Berman, D-Calif., filed a bill providing for such reviews. As of Wednesday, it was in committee.

    Weeks after the Supreme Court's ruling, Secretary of State Condoleezza Rice and U.S. Attorney General Michael Mukasey jointly wrote Perry, asking for his help in obtaining the reviews.

    The United States, they wrote, continues to be bound by the world court's decision under international law.

    International law expert Sarah Cleveland, a professor of human and constitutional rights at New York City's Columbia Law School, said in an e-mail that if the U.S. fails to act on the world court order, other countries may follow suit.

    "This can only come back to hurt U.S. citizens when they are detained abroad," she wrote.

    " ... When a global leader like the U.S. refuses to comply with its clear international legal obligations (and everyone agrees that this is a clear legal obligation), it undermines the willingness of other states to comply with their own obligations and it inspires them not to trust us to obey ours."

    Meanwhile, Randy Ertman, father of Jennifer Ertman, hotly denounced the world court's order for stays.

    "The world court don't mean diddly," he said. "This business belongs in the state of Texas. The people of the state of Texas support the execution. We thank them. The rest of them can go to hell."

    Adolfo Pena, father of Elizabeth Pena, agreed.

    "I believe we've been through all the red tape we can go through," he said. "It's time to rock and roll."

    allan.turner@chron.com
    rosanna.ruiz@chron.com

    http://www.chron.com/disp/story.mpl/front/5890690.html
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  2. #2
    Senior Member crazybird's Avatar
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    "I believe we've been through all the red tape we can go through," he said. "It's time to rock and roll."
    Good.
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  3. #3
    Senior Member vmonkey56's Avatar
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    The proof of murder, kill them, and god will deal with the situation.

    Some situation are above mankind to correct and fix. Foreigners beware; do the crime, and do the time or die.

    AMERICAN PUNISHMENT STANDS FOR EVERYONE IN HER COUNTRY!
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  4. #4
    Senior Member SOSADFORUS's Avatar
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    This was one of the most horrendous murders...I just don't understand Mexico's problem, its not like these got didn't get a fair trial....they are just trying to show their power and cost Americans more money, like this guy has not cost us enough.... the loss of two teens, a trial and 15 years already in jail!

    We are not some 3rd would country here who does not allow the right to a trial. Just what good would it do to delay this?
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    Senior Member tencz57's Avatar
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    Eye for an Eye , Tooth for a Tooth . American Business
    Nam vet 1967/1970 Skull & Bones can KMA .Bless our Brothers that gave their all ..It also gives me the right to Vote for Chuck Baldwin 2008 POTUS . NOW or never*
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  6. #6
    Senior Member miguelina's Avatar
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    GOOD! I'll be having a "don't mess with texas" party
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    "

  7. #7
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    I have a cousin who lives in Houston and a few years back she told me about these murders. They are truly sickening and I think Mexico should stay out of it. Jose Medellin deserves to die for his sick disregard for those girls.
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  8. #8
    Senior Member tinybobidaho's Avatar
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    The Mexican government reasons that "the paramount interest in human life is at stake," according to the court's order.
    This is the mentality south of the border. They have no compassion for the innocent young girls who lost their lives. Not once have I read where Mexico has apologized for one of their own killing Americans citizens. This "all about us" attitude is why they can't win this illegal alien battle in our country.
    RIP TinybobIdaho -- May God smile upon you in his domain forevermore.

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  9. #9
    Senior Member lccat's Avatar
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    Quote Originally Posted by tinybobidaho
    The Mexican government reasons that "the paramount interest in human life is at stake," according to the court's order.
    This is the mentality south of the border. They have no compassion for the innocent young girls who lost their lives. Not once have I read where Mexico has apologized for one of their own killing Americans citizens. This "all about us" attitude is why they can't win this illegal alien battle in our country.
    Family Values do not stop at the Border per President Bush and is one of the reasons the ILLEGALS are welcome in the United States!

  10. #10
    Senior Member MyAmerica's Avatar
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    Texas to World Court: Execution still on!

    Texas to World Court: Execution still on!

    Father of victim says U.N. body's order 'don't mean diddly'

    --------------------------------------------------------------------------------
    Posted: July 17, 2008
    1:43 pm Eastern

    © 2008 WorldNetDaily


    Jose Medellin
    Texas is refusing to bow to yesterday's World Court order to stay the Aug. 5 lethal injection of convicted rapist-killer and illegal alien Jose Medellin.

    The highest U.N. court insisted that five scheduled executions of Mexicans be immediately halted until the cases undergo further review. Mexico's government filed a petition with the court last month because it said the men had been deprived of assistance from their consulates following their arrests.

    According to Geneva Convention rules, illegal aliens must have access to their national consulates once they have been detained.

    The U.N. court order echoes statements made by Mexico that "Texas has made clear that unless restrained, it will go forward with the execution without providing Mr. Medellin the mandated review and reconsideration," which will "irreparably" violate U.S. obligations to the World Court's 2004 directive, the Houston Chronicle reported.

    Citing "the paramount interest in human life," Mexico said it would "for forever be deprived of the opportunity to vindicate its rights and those of the nationals concerned" if Medellin's execution continues as scheduled.

    Texas Gov. Rick Perry's office rejected Mexico's complaint.

    "The world court has no standing in Texas, and Texas is not bound by a ruling or edict from a foreign court," Perry spokesman Robert Black said. "It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens."

    According to the Houston Chronicle, international law expert Sarah Cleveland warned if the U.S. ignores the U.N. court order, many other countries may follow its example.

    "This can only come back to hurt U.S. citizens when they are detained abroad," she wrote in an e-mail to the newspaper. " ... When a global leader like the U.S. refuses to comply with its clear international legal obligations (and everyone agrees that this is a clear legal obligation), it undermines the willingness of other states to comply with their own obligations and it inspires them not to trust us to obey ours."

    Randy Ertman, father of Jennifer, a 14-year-old girl Medellin raped and murdered, criticized the World Court for attempting to intervene.

    "The world court don't mean diddly," he said. "This business belongs in the state of Texas. The people of the state of Texas support the execution. We thank them. The rest of them can go to h-ll."

    Adolfo Peña, father of Elizabeth, a 16-year-old girl Medellin also raped and murdered, concurred with Ertman.

    "I believe we've been through all the red tape we can go through," he told the Houston Chronicle. "It's time to rock and roll."

    http://www.worldnetdaily.com/index.php? ... geId=69849
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